1-1-101. Extension of western boundary line.

The western boundary line of the State of Arkansas is extended as follows, so as to include all that strip of land in the Indian Territory lying and being situated between the Arkansas state line adjacent to the city of Fort Smith, and the Arkansas River and Poteau River, described as follows, namely: Beginning at a point on the south bank of the Arkansas River one hundred (100) paces west of Old Fort Smith, where the western boundary line of the State of Arkansas crosses the Arkansas River, and running southwesterly along the south bank of the Arkansas River to the mouth of the Poteau; thence at right angles with the Poteau River to the center of the current of that river; thence southerly up the middle of the current of the Poteau River, except where the Arkansas state line intersects the Poteau River, to a point in the middle of the current of the Poteau River opposite the mouth of Mill Creek, and where it is intersected by the middle of the current of Mill Creek; thence up the middle of Mill Creek to the Arkansas state line; thence northerly along the Arkansas state line to the point of beginning.

History. Acts 1905, No. 41, § 1, p. 124; C. & M. Dig., § 9180; Pope's Dig., § 11865; A.S.A. 1947, § 5-101.

Cross References. Boundaries established, Ark. Const., Art. 1.

1-1-102. Signature by mark.

In addition to the provisions of §§ 4-3-401, 7-5-305, 7-7-308, 27-14-705, and 28-25-103, a signature by mark on a document is legal for the purposes of executing the document if the signature is:

1. Made by a person who at the time of signature lacks the ability to:
   1. Write; or
   2. Sign his or her name; and
2. Witnessed by at least one (1) disinterested person.

History. Acts 2009, No. 412, § 1.

1-1-103. Application of foreign law, legal code, or system — Definitions.

1. As used in this section:
   1. “Court” means any court, tribunal board, administrative agency, or other adjudicative or enforcement authority of this state;
   2. 1. “Foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including without limitation international organizations and tribunals, applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.
      2. “Foreign law, legal code, or system” does not mean any laws of the Native American tribes in this state; and
   3. “Religious organization” means a church, seminary, synagogue, temple, mosque, religious order, religious corporation, association, or society with an identity that is distinctive in terms of common religious creed, beliefs, doctrines, practices, or rituals of any faith or denomination, including any organization qualifying as a church or religious organization under 26 U.S.C. § 501(c)(3) or 26 U.S.C. § 501(d).
2. A court ruling or decision violates the public policy of this state and is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision one (1) or more of the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution:
   1. The right to due process;
   2. The right to equal protection;
   3. Freedom of religion;
   4. Freedom of speech;
   5. Freedom of the press;
   6. The right to keep and bear arms;
   7. The right to privacy; or
   8. The right to marry, as “marriage” is defined by the Arkansas Constitution, to the extent that the definition of marriage does not conflict with federal law or a holding by the United States Supreme Court.
3. A contract or contractual provision, if severable, that provides for the choice of a foreign law, legal code, or system to govern some or all of the disputes between the parties adjudicated by a court of law or by an arbitration panel arising from the contract mutually agreed upon violates the public policy of Arkansas and is void and unenforceable if the foreign law, legal code, or system chosen includes or incorporates any substantive or procedural law, as applied to the dispute at issue, that does not grant the parties one (1) or more of the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution:
   1. The right to due process;
   2. The right to equal protection;
   3. Freedom of religion;
   4. Freedom of speech;
   5. Freedom of the press;
   6. The right to keep and bear arms;
   7. The right to privacy; or
   8. The right to marry, as “marriage” is defined by the Arkansas Constitution, to the extent that the definition of marriage does not conflict with federal law or a holding by the United States Supreme Court.
4. 1. A contract or contractual provision, if severable, that provides for a jurisdiction for purposes of granting the courts or arbitration panels personal jurisdiction over the parties to adjudicate any disputes between parties arising from the contract mutually agreed upon violates the public policy of Arkansas and is void and unenforceable if the jurisdiction chosen includes any foreign law, legal code, or system, as applied to the dispute at issue, that does not grant the parties one (1) or more of the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution:
      1. The right to due process;
      2. The right to equal protection;
      3. Freedom of religion;
      4. Freedom of speech;
      5. Freedom of the press;
      6. The right to keep and bear arms;
      7. The right to privacy; or
      8. The right to marry, as “marriage” is defined by the Arkansas Constitution, to the extent that the definition of marriage does not conflict with federal law or a holding by the United States Supreme Court.
   2. If a resident of Arkansas who is subject to personal jurisdiction in Arkansas seeks to maintain litigation, arbitration, agency, or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution of the nonclaimant in the foreign forum with respect to the matter in dispute, then it is the public policy of Arkansas that the claim be denied.
5. Without prejudice to any legal right, this section does not apply to a corporation, partnership, limited liability company, business association, or other legal entity that contracts to subject itself to a foreign law, legal code, or system.
6. 1. A court or arbitrator shall not interpret this section to limit the right of any person to the free exercise of religion as guaranteed by Arkansas Constitution, Article 2, §§ 24-26, and the First Amendment of the United States Constitution.
   2. A court shall not interpret this section to require or authorize a court to adjudicate or prohibit any religious organization from adjudicating ecclesiastical matters, including without limitation the election, appointment, calling, discipline, dismissal, removal, or excommunication of a member, officer, official, priest, nun, monk, pastor, rabbi, imam, or member of the clergy of the religious organization, or the determination or interpretation of the doctrine of the religious organization if adjudication by a court would violate Arkansas Constitution, Article 2, §§ 24-26 or the First Amendment of the United States Constitution.
7. This section shall not be interpreted by any court to conflict with any federal treaty or other international agreement to which the United States is a party to the extent that the federal treaty or international agreement preempts or is superior to state law on the matter at issue.

History. Acts 2017, No. 980, § 2.

A.C.R.C. Notes. Acts 2017, No. 980, § 1, provided: “Legislative intent.

“(a) The General Assembly intends that it shall be the public policy of this state to protect its citizens from the application of foreign laws when the application of a foreign law will result in the violation of one (1) or more of the following fundamental rights, liberties, and privileges guaranteed by the Arkansas Constitution or the United States Constitution:

“(1) The right to due process;

“(2) The right to equal protection;

“(3) Freedom of religion;

“(4) Freedom of speech;

“(5) Freedom of the press;

“(6) The right to keep and bear arms;

“(7) The right to privacy; or

“(8) The right to marry, as ‘marriage’ is defined by the Arkansas Constitution, to the extent that the definition of marriage does not conflict with federal law or a holding by the United States Supreme Court.

“(b) The General Assembly fully recognizes the right to contract freely under the laws of this state, and also recognizes that this right may be reasonably and rationally circumscribed pursuant to the state's interest to protect and promote the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution:

“(1) The right to due process;

“(2) The right to equal protection;

“(3) Freedom of religion;

“(4) Freedom of speech;

“(5) Freedom of the press;

“(6) The right to keep and bear arms;

“(7) The right to privacy; or

“(8) The right to marry, as ‘marriage’ is defined by the Arkansas Constitution, to the extent that the definition of marriage does not conflict with federal law or a holding by the United States Supreme Court.”

Subchapter 1 — General Provisions

A.C.R.C. Notes. Acts 1989, No. 990 formally codified the legislation from the 1987 Regular Session, the 1987 First and Second Extraordinary Sessions, and the 1988 Third and Fourth Extraordinary Sessions. All codified acts appearing in the acts disposition table (see Tables volumes) for those sessions were formally codified by the act.

Acts 1989, No. 990, §§ 1-12, provided:

“SECTION 1. The Arkansas Code sections following section 12 of this Act are amendments or new provisions enacted by the Arkansas General Assembly during the regular and extraordinary sessions of the 76th General Assembly. It is the purpose of this Act to adopt and enact the revision and codification of these enactments as prepared by the Arkansas Code Revision Commission for formal inclusion as part of the Arkansas Code of 1987.

“SECTION 2.(a) It is the intent of the General Assembly that this Act be a codification, revision, modernization, and reenactment of the laws of Arkansas of a general and permanent nature adopted at the regular session and the 1st, 2nd, 3rd, and 4th extraordinary sessions of the 76th General Assembly which are currently in force.

“(b) It is the intent of the General Assembly that this Act resolve conflicts which exist in the laws and to repeal those laws which have been superseded by the enactment of later laws.

“(c) Except as otherwise specifically provided, the enactment of this Act by the General Assembly is not intended to alter the substantive law or change or alter the effect of any law in existence on December 31, 1988.

“SECTION 3. This Act shall be merged with annotations, captions, catchlines, history lines, editorial notes, cross references, indices, title, chapter and subchapter analyses, and other materials pursuant to the contract entered into on August 1, 1984, between the Arkansas Code Revision Commission and The Michie Company of Charlottesville, Virginia.

“SECTION 4.(a) All acts, all parts of acts, and all amendments to acts, of a general and permanent nature in effect on December 31, 1988, enacted by the 76th Arkansas General Assembly, except Act 267 of 1987, the Arkansas Code of 1987, are repealed unless:

“(1) Expressly continued by specific provision of this Act or other law;

“(2) Omitted improperly or erroneously as a consequence of compilation, revision, or both, of the laws comprising this Act; or

“(3) Omitted, changed, or modified by the Arkansas Code Revision Commission in a manner not authorized by the laws or the Constitution of Arkansas in effect at the time of the omission, change, or modification.

“(b) In the event one of the above exceptions should be applicable, the law as it existed on December 31, 1988, shall continue to be valid, effective, and controlling, except as otherwise provided by any act of the 77th General Assembly.

“(c) The adoption of this Act shall not be construed to repeal any act or section or part of a section of an act in effect on December 31, 1988, and omitted from this act, which:

“(1) Is of a local or special nature;

“(2) Relates to or applies to only one (1) county, municipality, political subdivision, district, or territory;

“(3) Applies to one (1) or more counties, municipalities, political subdivisions, districts, or territories on the basis of population;

“(4) Applies to one (1) or more counties, municipalities, political subdivisions, districts, or territories on the basis of the number of counties, municipalities, political subdivisions, districts, or territories;

“(5) Applies to one (1) or more judicial districts or one (1) or more counties within a judicial district, whether by specific reference thereto or by some other method of identification or classification;

“(6) Establishes the amount or rate of salary or compensation of any state officer or employee or any other person whose salary or compensation is paid by this state, in whole or in part, or which establishes minimum or maximum amounts or sets specific amounts of salary or compensation or which provides additional compensation for the performance of specified services or duties; or

“(7) Appropriates funds from any source.

“(d) The enactment and adoption of this Act shall not affect or repeal the acts passed at the regular session of the 77th General Assembly. All such acts shall have full effect and, so far as those acts vary from or conflict with any provision contained in this Act, they shall have the effect of subsequent acts and as amending, repealing, or adding to the Arkansas Code of 1987.

“SECTION 5. The adoption of this Act shall not validate an act or validate any section or part of a section of an act, which act or section or part of a section of an act is constitutionally invalid.

“SECTION 6. Unless otherwise provided, the adoption of this Act shall not invalidate or affect any rules or regulations which are in effect on July 1, 1989, promulgated pursuant to authority given by law. These rules and regulations shall remain in force until repealed, replaced, or invalidated.

“SECTION 7.(a) The adoption of this Act shall not affect or impair any existing right, remedy, or defense nor affect, impair, discharge, or release any existing contract, obligation, duty, or liability of any kind. It shall not affect any pending suit or action, or prosecution now commenced or which shall be hereafter commenced, for any offense committed prior to the effective date of this Act. As to all such suits, actions, and prosecutions, the law in force on December 31, 1988, shall continue in force, except as otherwise provided by any other act of the 77th General Assembly.

“(b) The repeal, repeal and reenactment, or the revision, amendment, or consolidation of any act, or of any section or part of a section of any act, civil or criminal, shall not release, extinguish, alter, modify, or change, in whole or in part, any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under the act, section, or part thereof unless the repealing, repealing and reenacting, revising, amending, or consolidating act shall expressly so provide. The repealed, repealed and reenacted, revised, amended, or consolidated act, or any section or part of a section of that act, shall be treated and held as still remaining in force for the purpose of sustaining any and all suits, actions, or prosecutions, civil or criminal, for the enforcement of any penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such suits, actions, or prosecutions imposing, inflicting, or declaring a penalty, forfeiture, or liability.

“SECTION 8. When a limitation or period of time prescribed in any act in effect on December 31, 1988, for acquiring a right, barring a remedy, or for any other purpose has begun to run before July 1, 1989, and when a limitation or period of time is prescribed in this Act for acquiring the right, barring the remedy, or for any other purpose, then the time which has already run shall be deemed to be part of the time prescribed by the limitation or period in this Act, except as otherwise provided by any other act of the 77th General Assembly.

“SECTION 9. To the extent possible, Arkansas Code of 1987, title 1, shall apply to this Act.

“SECTION 10. Notwithstanding Arkansas Code § 25-18-205, this Act shall not be printed or included in the Acts of Arkansas.

“SECTION 11. This act shall be effective after midnight, June 30, 1989.

“SECTION 12. The following sections, subsections, and subdivisions amend and are incorporated in and made part of the Arkansas Code of 1987. Where appropriate, they replace the particular chapters, subchapters, sections, subsections, and subdivisions to which they refer.”

Publisher's Notes. Sections 1-2-101 through 1-2-118 were drafted by the Arkansas Code Revision Commission and enacted pursuant to Acts 1987, No. 267, § 1, which adopted the Arkansas Code of 1987 Annotated and incorporated it by reference.

Preambles. Acts 1981, No. 308 contained a preamble which read:

“Whereas, a large percentage of the laws enacted by the Arkansas General Assembly at each session are so detailed and complicated and couched in such legal language that they are incomprehensible to the average citizen; and

“Whereas, simplification of the language and structure of bills considered and acts passed by the General Assembly would not only be beneficial to the citizens of the State but would reduce the time required to be spent by members of the General Assembly in analyzing the many bills considered each session; and

“Whereas, if laws were written in language which could be understood by the average person the expense to the citizens of Arkansas for employment of legal assistance to interpret laws and to represent such citizens in court to obtain their rights under such laws would be substantially reduced,

“Now therefore … .”

Effective Dates. Acts 1846, p. 93, § 1: effective on passage.

Acts 2003, No. 623, § 2: Mar. 24, 2003. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the Arkansas Code Revision Commission has contracted for an official electronic version of the Arkansas Code and an official hard copy version of the Arkansas Code; that in some instances it has been discovered that the official electronic version differs from the official hard copy version; that the issue as to which official version takes precedence is a matter within the jurisdiction of the General Assembly to decide; that this act provides that the official hard copy version takes precedence over the official electronic version; and that until this act goes into effect, confusion will exist as to which version takes precedence. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2007, No. 515, § 2: Mar. 28, 2007. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that persons with disabilities and their families should be provided with meaningful opportunities to contribute their perspectives through their experiences concerning issues relating to services, support, and standards that ultimately affect them; that they are at risk every day that their needs and aspirations go unheard. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

1-2-101. Legislative intent of Code.

1. It is the intent of the General Assembly that this Code, the Arkansas Code of 1987 Annotated, be a recodification, revision, modernization, and reenactment of the laws of Arkansas of a general and permanent nature which are currently in force.
2. It is the intent of the General Assembly that this Code resolve conflicts which exist in the laws and to repeal those laws which:
   1. Are obsolete as a result of the passage of time or other causes;
   2. Have been declared unconstitutional or invalid; or
   3. Have been superseded by the enactment of later laws.
3. Except as otherwise specifically provided, the enactment of this Code by the General Assembly is not intended to alter the substantive law in existence on the effective date of this Code. It is not the purpose of the enactment of this Code to change or alter the effect of any law in existence on December 31, 1987.

History. Acts 1987, No. 267, § 1.

1-2-102. Enactment of Code.

1. The statutory portion of the codification of Arkansas laws prepared by the Arkansas Code Revision Commission and the Michie Company pursuant to a contract entered into on August 1, 1984, is enacted and shall have the effect of statutes enacted by the General Assembly of the State of Arkansas.
2. The statutory portion of the codification shall be merged with annotations, captions, catchlines, history lines, editorial notes, cross references, indices, title, chapter, and subchapter analyses, and other materials pursuant to the contract and shall be published by authority of the state pursuant to the contract.

History. Acts 1987, No. 267, § 1.

1-2-103. Repeal of prior laws by Code — Exceptions.

1. All acts, codes, and statutes, and all parts of them and all amendments to them of a general and permanent nature in effect on December 31, 1987, are repealed unless:
   1. Expressly continued by specific provision of this Code;
   2. Omitted improperly or erroneously as a consequence of compilation, revision, or both, of the laws enacted prior to this Code, including, without limitation, any omissions that may have occurred during the compilation, revision, or both, of the laws composing this Code; or
   3. Omitted, changed, or modified by the Arkansas Code Revision Commission, or its predecessors, in a manner not authorized by the laws or the constitutions of Arkansas in effect at the time of the omission, change, or modification.
2. In the event one of the above exceptions should be applicable, the law as it existed on December 31, 1987, shall continue to be valid, effective, and controlling.

History. Acts 1987, No. 267, § 4.

1-2-104. Omission of validating and curative acts from Code.

The omission from this Code of any act or section or part of a section of an act passed prior to the adoption of this Code shall in no way operate or be construed to repeal or destroy the effect of any act or section or part of a section where the act or section or part of a section has been otherwise lawfully passed, is not in conflict with the United States Constitution or the Arkansas Constitution of 1874, and:

1. Validates any bonds, notes, warrants, certificates, or other evidences of indebtedness issued by any officer, political subdivision, or instrumentality of this state;
2. Validates any action or cures any defect of any action of any public officer, political subdivision, or instrumentality of this state;
3. Cures any defect in any title to property; or
4. Validates any action or cures any defect in any action of any person, natural or artificial, public or private.

History. Acts 1987, No. 267, § 1.

1-2-105. Adoption of Code not to affect certain acts.

The adoption of this Code shall not be construed to repeal any act or section or part of a section of an act in effect on December 31, 1987, and omitted from this Code, which:

1. Is of a local or special nature;
2. Relates to or applies to only one (1) county, municipality, political subdivision, district, or territory;
3. Applies to one (1) or more counties, municipalities, political subdivisions, districts, or territories on the basis of population;
4. Applies to one (1) or more counties, municipalities, political subdivisions, districts, or territories on the basis of the number of counties, municipalities, political subdivisions, districts, or territories;
5. Applies to one (1) or more judicial districts or one (1) or more counties within a judicial district, whether by specific reference thereto or by some other method of identification or classification;
6. Establishes the amount or rate of salary or compensation of any state officer or employee or any other person whose salary or compensation is paid by this state, in whole or in part, or which establishes minimum or maximum amounts or sets specific amounts of salary or compensation or which provides additional compensation for the performance of specified services or duties; or
7. Appropriates funds from any source.

History. Acts 1987, No. 267, § 1.

1-2-106. Adoption of Code not to validate constitutionally invalid acts.

The adoption of this Code shall not validate an act or validate any section or part of a section of an act, which act or section or part of a section of an act is constitutionally invalid.

History. Acts 1987, No. 267, § 1.

1-2-107. Repealed acts not revived by Code.

All acts or parts of acts which are repealed or superseded by this Code or are repugnant to any act repealed by this Code and which have not been reenacted or consolidated shall continue to be so repealed or superseded.

History. Acts 1987, No. 267, § 1.

1-2-108. Adoption of Code not to affect rules and regulations.

Unless otherwise provided, the adoption of this Code shall not invalidate or affect any rules or regulations which were in effect on December 31, 1987, promulgated pursuant to authority given by law. These rules and regulations shall remain in force until repealed, replaced, or invalidated.

History. Acts 1987, No. 267, § 1.

1-2-109. Adoption of Code not to validate invalid, unauthorized, or defective rules and regulations.

The adoption of this Code shall not validate or authorize a rule or regulation, cure any defect in a rule or regulation, or validate, authorize, or cure any section or part of a section of any rule or regulation, which rule or regulation or section or part of a section of the rule or regulation is invalid, unauthorized, or defective.

History. Acts 1987, No. 267, § 1.

1-2-110. Adoption of Code not to affect terms of office, compensation, expenses, etc.

1. The adoption of this Code shall not affect the term of office or the right to hold office of any person who is in office on December 31, 1987, unless otherwise expressly provided or unless the office is abolished by the adoption of this Code.
2. The adoption of this Code shall not affect the compensation, expenses, per diem, allowances, retirement, or other rights of any officer or employee of this state or of any county, municipality, district, improvement district, school district, institution of higher education, political subdivision, authority, or other governmental entity within this state, or of any agency, department, division, section, board, commission, committee, or council of any of the above, unless otherwise provided in this Code.

History. Acts 1987, No. 267, § 1.

1-2-111. Adoption of Code not to affect existing rights, liabilities, contracts, actions, etc.

1. The adoption of this Code shall not affect or impair any existing right, remedy, or defense nor affect, impair, discharge, or release any existing contract, obligation, duty, or liability of any kind. It shall not affect any pending suit or action, or prosecution now commenced or which shall be hereafter commenced, for any offense committed prior to January 1, 1988. As to all such suits, actions, and prosecutions, the law in force on December 31, 1987, shall continue in force.
2. The repeal, repeal and reenactment, or the revision, amendment, or consolidation of any act, or of any section or part of a section of any act, civil or criminal, shall not release, extinguish, alter, modify, or change, in whole or in part, any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under the act, section, or part thereof unless the repealing, repealing and reenacting, revising, amending, or consolidating act shall expressly so provide. The repealed, repealed and reenacted, revised, amended, or consolidated act, or any section or part of a section of that act, shall be treated and held as still remaining in force for the purpose of sustaining any and all suits, actions, or prosecutions, civil or criminal, for the enforcement of any penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order that can or may be rendered, entered, or made in such suits, actions, or prosecutions imposing, inflicting, or declaring a penalty, forfeiture, or liability.

History. Acts 1987, No. 267, § 1.

1-2-112. Adoption of Code not to toll limitations.

When a limitation or period of time prescribed in any act in effect on December 31, 1987, for acquiring a right, barring a remedy, or for any other purpose has begun to run before January 1, 1988, and when a limitation or period of time is prescribed in this Code for acquiring the right, barring the remedy, or for any other purpose, then the time which has already run shall be deemed to be part of the time prescribed by the limitation or period in this Code.

History. Acts 1987, No. 267, § 1.

1-2-113. Designation and citation of Code.

1. This codification of the laws of Arkansas, consisting of this title and the following titles, subtitles, chapters, subchapters, and sections, as amended from time to time, shall constitute and be known as the “Arkansas Code of 1987 Annotated”.
2. As used in acts and resolutions of the General Assembly, and within this Code, “Arkansas Code of 1987 Annotated”, “Arkansas Code of 1987”, “Arkansas Code Annotated”, “Arkansas Code”, “the Code”, or “this Code”, unless the context otherwise requires, shall be construed to refer to this enactment of the Arkansas Code of 1987 Annotated and amendments and revisions thereof and additions and supplements thereto.
3. Sections of the Code may be cited by the abbreviation “A.C.A.” followed by the number of the section. For example, this section would be cited as “A.C.A. § 1-2-113”.

History. Acts 1987, No. 267, § 1.

1-2-114. References to Code titles, subtitles, chapters, etc.

1. Unless the context otherwise requires, references in this Code to titles, subtitles, chapters, subchapters, or sections shall mean titles, subtitles, chapters, subchapters, or sections of this Code.
2. Unless the context otherwise requires, any reference in this Code or in any law of this state to another provision of this Code or the law of this state shall mean and be construed to refer to the Code or the law as it now or hereafter exists.

History. Acts 1987, No. 267, § 1.

1-2-115. Code classification and organization not to be construed — Notes, headings, etc., not part of law.

1. The classification and organization of the titles, subtitles, chapters, subchapters, sections, subsections, and subdivisions of this Code, and any headings thereto, are made for the purpose of convenient reference and orderly arrangement, and no implication, inference, or presumption of a legislative construction shall be drawn therefrom.
2. Unless otherwise provided in this Code, title, chapter, and subchapter analyses, and the descriptive headings or catchlines immediately preceding or within the text of the individual sections of this Code, except the section numbers included in the headings or catchlines immediately preceding the text of the sections, do not constitute part of the law and shall in no manner limit or expand the construction of any section.
3. All title, chapter, and subchapter analyses, historical citations, annotations, and notes set out in this Code are given for the purpose of convenient reference and do not constitute part of the law.

History. Acts 1987, No. 267, § 1.

1-2-116. Amendments to Code.

1. All acts enacted after December 31, 1987, of a general and permanent nature shall be enacted as amendments to this Code. No local, private, or temporary acts or provisions and no provisions appropriating funds shall be enacted as amendments to this Code. If the subject matter of any law is already generally embodied in one of the titles of this Code or can be appropriately classified therein, that new law shall be enacted as an amendment to that title of the Code. If it is not possible to classify the subject matter of a new law in an existing title, a new title shall be enacted containing the new law as a chapter or chapters, each chapter to contain a proper designation and descriptive name or heading, as provided in subsection (c) of this section.
2. A new title shall be created only as a last resort and only when it would be unreasonable to include the new law in an existing title. If a new title is created, it shall be given a name and a number sequentially following that of the last title number. New titles shall be given names which are broad and comprehensive in scope so that each will accommodate the greatest number of new laws having related subject matter.
3. The reserved sections, subchapters, chapters, and subtitles are for the purpose of accommodating future growth and expansion of the law, thereby permitting the insertion in the Code of new laws in their most logical positions with respect to existing related laws. When a new unit is enacted it shall be given a name, which shall be sufficiently broad and comprehensive to describe generally its subject matter, and a number designating its position within a title. The name is not to be confused with the title of a bill.
4. A unit should be repealed, as distinct from amended, when an outright repeal thereof is intended or when the subject matter of the proposed new law is more than a mere amendment or revision of the old unit.
5. When sections of this Code are amended, the descriptive headings or catchlines immediately preceding or within them need not be amended. When new sections are enacted, descriptive headings or catchlines need not be enacted to accompany them except that any desired changes in the section numbers contained in the headings or catchlines shall be made by specific statutory amendments of the numbers and new sections shall be assigned proper title section numbers by the law which enacts them.
6. In the enactment of new laws, the plan, scheme, style, format, arrangement, and classification of this Code shall be followed as closely as possible with the result that the Code and all amendments to it will compose a harmonious entity containing all the laws of the State of Arkansas of a general and permanent nature.

History. Acts 1987, No. 267, § 1.

1-2-117. Severability of provisions of Code.

Except as otherwise specifically provided in this Code, in the event any title, subtitle, chapter, subchapter, section, subsection, subdivision, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Code is declared or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not affect the remaining portions of this Code which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this Code.

History. Acts 1987, No. 267, § 1.

1-2-118. Effective date of Code.

This Code is effective at midnight, December 31, 1987.

History. Acts 1987, No. 267, § 1.

1-2-119. Common and statute law of England adopted.

The common law of England, so far as it is applicable and of a general nature, and all statutes of the British Parliament in aid of or to supply the defects of the common law made prior to March 24, 1606, which are applicable to our own form of government, of a general nature and not local to that kingdom, and not inconsistent with the United States Constitution and the laws of the United States or the Arkansas Constitution and laws of this state, shall be the rule of decision in this state unless altered or repealed by the General Assembly of this state.

History. Rev. Stat., ch. 28, § 1; C. & M. Dig., § 1432; Pope's Dig., § 1679; A.S.A. 1947, § 1-101.

1-2-120. Effect of repeal of statute.

1. When a statute is repealed and the repealing statute is afterwards repealed, the first statute shall not thereby be revived unless by express words.
2. When any criminal or penal statute is repealed, all offenses committed or forfeitures accrued under it while it was in force shall be punished or enforced as if it were in force, notwithstanding the repeal, unless otherwise expressly provided in the repealing statute.
3. No action, plea, prosecution, or proceeding, civil or criminal, pending at the time any statutory provision is repealed shall be affected by the repeal but shall proceed in all respects as if the statutory provision had not been repealed.

History. Rev. Stat., ch. 129, § 31; Rev. Stat., ch. 146, § 1; Acts 1846, § 1, p. 93; C. & M. Dig., §§ 9757-9759; Pope's Dig., §§ 13282-13284; A.S.A. 1947, §§ 1-102 — 1-104.

Cross References. Effect of amendment or repeal of statute defining criminal offense, § 5-1-103(e).

1-2-121. Bills and laws to be clear and unambiguous.

No bill shall be considered and no law enacted unless the bill or law is written in clear, unambiguous language.

History. Acts 1981, No. 308, § 1; A.S.A. 1947, § 1-106.

1-2-122. Laws requiring use of registered mail — Alternative use of certified mail.

1. Anything permitted or required by the laws of this state to be served or transmitted by registered mail, except when required by any law promulgated by the National Conference of Commissioners on Uniform State Laws and referred to as a uniform state law, may be transmitted either by registered mail or by certified mail with return receipt requested, and return receipts for the delivery of certified mail shall be received in the courts as evidence of delivery to the same extent as return receipts for the delivery of registered mail.
2. When service of summons, process, or notice is provided for and permitted by registered or certified mail under the laws of Arkansas, delivery shall not be restricted to the United States Postal Service. It shall be deemed an actual and valid service of the summons, process, or notice when an alternative mail carrier delivers the summons, process, or notice by the same or similar process as required by law.

History. Acts 1959, No. 255, § 1; A.S.A. 1947, § 1-105; Acts 1993, No. 269, § 1.

Publisher's Notes. The January 24, 2002, amendments to Ark. R. Civ. P. 4(d)(8)(C) and Ark. R. Civ. P. 5(b) are deemed to supersede subsection (b) of this section with respect to the service of process and other papers. See Addition to Reporter's Notes, 2002 Amendment, at Ark. R. Civ. P. 4 and Ark. R. Civ. P. 5.

Cross References. Notice — Knowledge, § 4-1-202.

Service of notices, registered or certified mail, § 16-55-115.

1-2-123. Official printed version of Code — Official electronic version of Code — Printed version to take precedence.

If the official electronic version of the Arkansas Code differs from the official hard copy version of the Arkansas Code, the hard copy version shall take precedence over the electronic version.

History. Acts 2003, No. 623, § 1.

Publisher's Notes. The Arkansas Code of 1987 Annotated, as published by LexisNexis, is the official version of the Arkansas Code.

1-2-124. Respectful language — Disabilities — Definition.

1. 1. The General Assembly recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes toward people with disabilities. Many of the terms currently used demean the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members.
   2. The General Assembly finds it necessary to clarify preferred language for new and revised laws by requiring the use of terminology that puts the person before the disability.
2. 1. In any bill or resolution, the Bureau of Legislative Research shall avoid all references to:
      1. “Disabled”;
      2. “Developmentally disabled”;
      3. “Mentally disabled”;
      4. “Mentally ill”;
      5. “Mentally retarded”;
      6. “Handicapped”;
      7. “Cripple”; and
      8. “Crippled”.
   2. The Arkansas Code Revision Commission shall change such references in any existing statute or resolution as sections including these references are republished or otherwise amended by law.
   3. The Bureau of Legislative Research and the Arkansas Code Revision Commission shall replace the inappropriate terms in subdivision (b)(1) of this section with the following terms:
      1. “Individuals with disabilities”;
      2. “Individuals with developmental disabilities”;
      3. “Individuals with mental illness”; and
      4. “Individuals with intellectual disabilities”.
3. 1. In any administrative rule, a state agency shall avoid the inappropriate terms in subdivision (b)(1) of this section and shall use the terms in subdivision (b)(3) of this section.
   2. If a state agency identifies a use of an inappropriate term under subdivision (b)(1) of this section in a rule, the state agency shall promulgate a revision to the rule to replace the inappropriate term with a term under subdivision (b)(3) of this section.
   3. As used in this subsection, “state agency” means any office, board, commission, department, council, bureau, or other agency of state government having authority by statute enacted by the General Assembly to promulgate or enforce administrative rules.
4. A statute, resolution, or rule is not invalid because it does not comply with this section.

History. Acts 2007, No. 515, § 1; 2009, No. 975, § 1; 2011, No. 98, § 1; 2019, No. 377, § 1.

Amendments. The 2009 amendment deleted (b)(3)(D); redesignated former (b)(3)(E) as (b)(3)(D); and made related changes.

The 2011 amendment added (c) and redesignated former (c) as (d); and substituted “resolution, or rule” for “or resolution” in present (d).

The 2019 amendment deleted former (c)(2) and (c)(4) and redesignated the remaining subdivisions accordingly.

1-2-125. Electronic document submissions and publications.

1. 1. A state agency, a court, or a local government entity that is required by law to accept, solicit, or publish any information, record, report, application, or other required material may accept, solicit, or publish the information, record, report, application, or other required material in an electronic form.
   2. If a state agency, a court, or a local government entity accepts, solicits, or publishes the information, record, report, application, or other required material in an electronic form under subdivision (a)(1) of this section, the state agency, the court, or the local government entity shall also comply with existing requirements in law concerning the acceptance, solicitation, or publication of information, records, reports, applications, or other required materials.
   3. A state agency, a court, or a local government entity may require an electronic form of receipt verification of information, records, reports, applications, or other required materials accepted, solicited, or published in an electronic form.
2. If as provided by this section, a state agency, a court, or a local government entity decides to accept, solicit, or publish the information, record, report, application, or other required material in an electronic form, the state agency, the court, or the local government entity shall:
   1. Notify the Legislative Council within thirty (30) days of its decision and the justifications for the decision; and
   2. On or before the expiration date of this section, advise the Legislative Council as to the sections of the Arkansas Code that should be amended to allow indefinitely for the discretion to accept, solicit, or publish the information, records, report, application, or other required material in an electronic form.
3. This section expires four (4) years after August 1, 2017.

History. Acts 2017, No. 960, § 1.

Subchapter 2 — Construction

Effective Dates. Acts 1993, No. 1167, § 6: Apr. 15, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that it is not uncommon that multiple acts are enacted each session by the General Assembly dealing with the same subject matter; that it is unclear as to which law prevails in that instance; this act establishes rules of construction to clarify the confusion and should therefore be given immediate effect. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

1-2-201. Applicability of §§ 1-2-202 and 1-2-203.

The rules prescribed in §§ 1-2-202 and 1-2-203 shall apply in all cases, both civil and criminal, unless it is otherwise specially provided or unless there is something in the context or subject matter repugnant to that construction.

History. Rev. Stat., ch. 129, § 23; C. & M. Dig., § 9729; Pope's Dig., § 13255; A.S.A. 1947, § 1-204.

1-2-202. Liberal construction.

All general provisions, terms, phrases, and expressions used in any statute shall be liberally construed in order that the true intent and meaning of the General Assembly may be fully carried out.

History. Rev. Stat., ch. 129, § 22; C. & M. Dig., § 9728; Pope's Dig., § 13254; A.S.A. 1947, § 1-203.

1-2-203. Words importing number and gender.

1. When any subject matter, party, or person is described or referred to by words importing the singular number or the masculine gender, several matters and persons, and females as well as males, and bodies corporate as well as individuals, shall be deemed to be included.
2. Whenever, in any statute, words importing the plural number are used in describing or referring to any matter, parties, or persons, any single matter, party, or person shall be deemed to be included, although distributive words may not be used.

History. Rev. Stat., ch. 129, §§ 20, 21; C. & M. Dig., §§ 9726, 9727; Pope's Dig., §§ 13252, 13253; A.S.A. 1947, §§ 1-201, 1-202.

1-2-204. “Heretofore” and “hereafter”.

Whenever the term “heretofore” occurs in any statute, it shall be construed to mean any time previous to the day when the statute shall take effect. Whenever the term “hereafter” occurs, it shall be construed to mean the time after the statute containing the term shall take effect.

History. Rev. Stat., ch. 129, § 19; A.S.A. 1947, § 1-206.

1-2-205. General severability.

The provisions of each and every act enacted by the General Assembly after July 24, 1973, are declared to be severable and, unless it is otherwise specifically provided in the particular act, the invalidity of any provision of that act shall not affect other provisions of the act which can be given effect without the invalid provision.

History. Acts 1973, No. 92, § 1; A.S.A. 1947, § 1-207.

1-2-206. Effect of construction of statute by circuit court.

Whenever, by the decision of any circuit court, a construction may be given to any penal or other statute, every act done in good faith in conformity with that construction after the making of the decision, and before the reversal thereof by the Supreme Court of Arkansas, shall be so far valid that the party doing the act shall not be liable to any penalty or forfeiture for any act that shall have been adjudged lawful by the decision of the circuit court.

History. Rev. Stat., ch. 117, § 40; C. & M. Dig., § 9731; Pope's Dig., § 13257; A.S.A. 1947, § 1-205.

1-2-207. Identical acts — Same subject matter.

1. 1. When identical acts are enacted by the General Assembly during the same session, the act which the Governor signs last shall be deemed to have repealed the earlier enactment.
   2. If the Governor does not sign one (1) or both of the acts then the act which was last voted on by either house of the General Assembly shall be deemed to have repealed the other identical enactments.
2. 1. When more than one (1) act concerning the same subject matter is enacted by the General Assembly during the same session, whether or not specifically amending the same sections of the Arkansas Code or an uncodified act, all of the enactments shall be given effect except to the extent of irreconcilable conflicts in which case the conflicting provision of the last enactment shall prevail.
   2. The last enactment is the one which the Governor signs last or if the Governor does not sign one of the acts then the last enactment is the act which was last voted on by either house of the General Assembly.

History. Acts 1993, No. 1167, §§ 1, 2; 1999, No. 403, § 1.

1-2-208. “Fiscal session” and “regular session” defined.

As used in the Arkansas Code, an act of the General Assembly, and an initiated measure:

1. “Fiscal session” means with respect to the General Assembly the legislative session in which the General Assembly may consider only appropriation bills under Arkansas Constitution, Article 5, § 5(c); and
2. “Regular session” means with respect to the General Assembly the legislative session in which the General Assembly may consider any bill under Arkansas Constitution, Article 5, § 5(b).

History. Acts 2009, No. 962, § 1.

Subchapter 3 — Arkansas Code Revision Commission

A.C.R.C. Notes. Acts 2005, No. 1260, § 1, provided:

“(a)(1) Effective July 1, 2005, employees of the Arkansas Code Revision Commission are transferred to the Bureau of Legislative Research and shall be employees of the bureau.

“(2) Effective July 1, 2005, the person who was employed as Executive Director of the Arkansas Code Revision Commission on June 30, 2005, shall become the code revisor for the Bureau of Legislative Research.

“(b) All of the commission's records, personnel, property, unexpended balances of appropriations, allocations, and funds are transferred to the Bureau of Legislative Research.

“(c) The Arkansas Code Revision Commission shall retain its powers, duties, and functions with respect to the Arkansas Code but staff support shall be provided by the Bureau of Legislative Research.

“(d)(1) Employees transferred from the Arkansas Code Revision Commission may occupy positions authorized for the Bureau of Legislative Research and Bureau of Legislative Research employees may occupy positions authorized for the Arkansas Code Revision Commission.

“(2) Appropriations authorized for the personal services and operating expenses of the Arkansas Code Revision Commission may be utilized for the personal services and operating expenses of the Bureau of Legislative Research and appropriations authorized for the personal services and operating expenses of the Bureau of Legislative Research may be utilized for the personal services and operating expenses of the office and employees transferred from the Arkansas Code Revision Commission and for operating expenses of the Arkansas Code Revision Commission.”

Preambles. Acts 1955, No. 246 contained a preamble which read:

“Whereas, the General Assembly by Act No. 50 of 1945 created the Arkansas Statute Revision Commission for the purpose of arranging for a compilation of laws of the State of Arkansas, which compilation was published in Annotated and Unannotated editions known as Arkansas Statutes, 1947, and

“Whereas, biennial supplements have been printed since that time, and it is now imperative that continuous supervision be provided for the editorial preparation and publication of replacement volumes;

“Now therefore … .”

Effective Dates. Acts 1945, No. 50, § 10: Feb. 14, 1945. Emergency clause provided: “Since there is an immediate and urgent need for revising and digesting the Statutes of Arkansas, which work will require extensive planning, research and preparation, an emergency is hereby declared to exist, and this Act, being deemed necessary for the preservation of the public peace, health and safety, shall become effective from and after its passage and approval.”

Acts 1987, No. 334, § 4: Mar. 19, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Arkansas Statute Revision Commission, acting under the authority of Act 641 of 1983, entered into a contract on August 1, 1984 with the Michie Company of Charlottesville, Virginia for a codification of the Statutes of the State of Arkansas of a general and permanent nature, and pursuant to such contract, the proposed Arkansas Code of 1987, consisting of 28 titles and 29 printed volumes, has been presented to the General Assembly for enactment by the 76th regular session; that upon enactment of the Code of Arkansas of 1987 by the General Assembly, the name of the Arkansas Statute Revision Commission should be changed to the Arkansas Code Revision Commission, and the duties of said Commission should be enlarged to provide for continuing review, revision, codification, and updating of the Code of 1987, including the incorporation therein of Statutes of a general and permanent nature enacted by the regular session of the 1987 General Assembly, in order that the entire body of the Arkansas Code of 1987 may be effective January 1, 1988; and that the immediate passage of this Act is necessary to change the name of said Commission to enable the Code Revision Commission to pursue its duties as outlined in this Act without undue delay. Therefore, an emergency is hereby declared to exist and this Act, being immediately necessary for the preservation of the public peace, health, and welfare, shall be in full force and effect upon its passage and approval.”

Acts 1987, No. 1009, § 3: Apr. 14, 1987. Emergency clause provided: “It is hereby found and determined by the General Assembly that because of the case Ricarte v. State, CR 86-31, a question has arisen over the validity of Act 1219 of the Extended Session of 1976; that this Act is a reenactment of the former law; and that the immediate passage of this Act is necessary to clarify the state of the law on this issue. Therefore, an emergency is hereby declared to exist, and this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 250, § 258: Feb. 24, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 1211 of 1995 established the procedure for all state boards and commissions to follow regarding reimbursement of expenses and stipends for board members; that this act amends various sections of the Arkansas Code which are in conflict with the Act 1211 of 1995; and that until this cleanup act becomes effective conflicting laws will exist. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governer, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1997, No. 533, § 8: Mar. 17, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are presently inadequate statutory guidelines for the codifications of the acts of the General Assembly; that this act establishes necessary guidelines; and that this act should go into effect immediately in order that the guidelines will be in effect for the codification of the acts of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 1999, No. 751, § 9: Mar. 22, 1999. Emergency clause provided: “It is hereby found and determined by the General Assembly that there are presently inadequate statutory guidelines for the codifications of the acts of the General Assembly; this act establishes necessary guidelines; and this act should go into effect immediately in order that the guidelines will be in effect for the codification of the acts of this regular session. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 327, § 3: retroactive to Mar. 17, 1997.

Acts 2001, No. 327, § 4: Feb. 21, 2001. Emergency clause provided: “It is hereby found and determined by the Eighty-third General Assembly that the present law pertaining to the powers of the Arkansas Code Revision Commission are too restrictive and that with the changes made by this act, the acts of the General Assembly can be more quickly and efficiently codified; that this act should go into effect as soon as possible so that the codification of the acts of this regular session may occur with as little delay as possible. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”

Acts 2001, No. 1308, § 16: July 1, 2001. Emergency clause provided: “It is found and determined by the General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 2001 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 2001 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 2001.”

Acts 2005, No. 1260, § 4: July 1, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act requires the Bureau of Legislative Research to assist the Arkansas Code Revision Commission and transfers the staff of the commission to the bureau; that to effectively administer this act the transition should occur at the beginning of the next fiscal year; that the effectiveness of this act on July 1, 2005, is essential to the operation of the commission; and that in the event of an extension of the regular session, the delay in the effective date of this act beyond July 1, 2005, could work irreparable harm upon the proper administration of the preparation of the Arkansas Code. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2005.”

Acts 2019, No. 694, § 8: Apr. 4, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that under current law the Arkansas Code Revision Commission does not have the authority to correct conflicts occurring when multiple acts amend the same provision of the Arkansas Constitution as expressly permitted by the Arkansas Constitution; that this inability to resolve conflicts makes the law unclear and impossible to publish for review and study by the citizens of the state; and that this act should become effective at the earliest opportunity so that it may be applied to acts enacted by the Ninety-Second General Assembly. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto”.

1-2-301. Creation — Members.

1. 1. There is created within the legislative branch of government a commission to be known as the “Arkansas Code Revision Commission”.
   2. The commission shall consist of seven (7) voting members and four (4) nonvoting observer members.
2. 1. The voting members shall be selected and appointed as follows:
      1. Two (2) members of the Senate appointed by the President Pro Tempore of the Senate;
      2. Two (2) members of the House of Representatives appointed by the Speaker of the House of Representatives; and
      3. Three (3) members of the Bar of Arkansas appointed by the Supreme Court.
   2. 1. The nonvoting observer members shall be:
         1. The Dean of the University of Arkansas at Fayetteville School of Law or, if there is no such dean, the individual occupying the position of acting dean;
         2. The Dean of the University of Arkansas at Little Rock William H. Bowen School of Law or, if there is no such dean, the individual occupying the position of acting dean;
         3. The Attorney General or his or her designee; and
         4. The Director of the Bureau of Legislative Research or his or her designee.
      2. The nonvoting observer members of the commission shall be privileged to attend all meetings of the commission and shall enjoy the full rights of membership on the commission, including the right to discuss matters pending before the commission and to participate in debate of issues before the commission, but shall not cast a vote on any issue pending before the commission.
      3. Each member appointed by the Supreme Court shall serve for a term of four (4) years, and each member appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall serve for a term of two (2) years.
      4. The appointing authorities shall have power to fill any vacancies occurring in the membership appointed by them.
      5. The commission shall meet and select a chair.
      6. 1. Nonlegislator members shall, to the extent funds are appropriated therefor, be eligible to receive reimbursement for mileage and reimbursement for expenses in accordance with § 25-16-902.
         2. Legislator members shall be entitled to reimbursement for expenses and per diem at the same rate and from the same source as provided by law for members of the General Assembly attending meetings of interim committees.

History. Acts 1945, No. 50, §§ 1, 8; 1977, No. 665, § 1; 1983, No. 641, §§ 1, 3; A.S.A. 1947, §§ 1-300, 1-303; Acts 1997, No. 250, § 1; 1997, No. 533, § 1; 1999, No. 751, §§ 1, 2; 2001, No. 327, § 1.

A.C.R.C. Notes. Acts 2005, No. 1260, § 1, provided:

“(a)(1) Effective July 1, 2005, employees of the Arkansas Code Revision Commission are transferred to the Bureau of Legislative Research and shall be employees of the bureau.

“(2) Effective July 1, 2005, the person who was employed as Executive Director of the Arkansas Code Revision Commission on June 30, 2005, shall become the code revisor for the Bureau of Legislative Research.

“(b) All of the commission's records, personnel, property, unexpended balances of appropriations, allocations, and funds are transferred to the Bureau of Legislative Research.

“(c) The Arkansas Code Revision Commission shall retain its powers, duties, and functions with respect to the Arkansas Code but staff support shall be provided by the Bureau of Legislative Research.

“(d)(1) Employees transferred from the Arkansas Code Revision Commission may occupy positions authorized for the Bureau of Legislative Research and Bureau of Legislative Research employees may occupy positions authorized for the Arkansas Code Revision Commission.

“(2) Appropriations authorized for the personal services and operating expenses of the Arkansas Code Revision Commission may be utilized for the personal services and operating expenses of the Bureau of Legislative Research and appropriations authorized for the personal services and operating expenses of the Bureau of Legislative Research may be utilized for the personal services and operating expenses of the office and employees transferred from the Arkansas Code Revision Commission and for operating expenses of the Arkansas Code Revision Commission.”

Publisher's Notes. Acts 1983, No. 641, § 4, provided that “Nothing in the act would be deemed to terminate the term of any person serving as a member of the Commission at the effective date of its enactment and the terms of existing Commissioners would continue until they expired in accordance with their original appointment.”

Acts 1987, No. 334, § 1, provided that the name of the Arkansas Statute Revision Commission, as established by Acts 1945, No. 50, as amended, is changed to the Arkansas Code Revision Commission, that the latter commission shall succeed to all powers, etc., of the former commission, as now provided by law, that all funds allocated or appropriated to the former commission shall be made available for the support of the new commission and its staff, and that the Arkansas Statute Revision Fund established in the State Treasury under the provisions of Acts 1983, No. 651 shall be known as the Arkansas Code Revision Fund.

1-2-302. Code Revisor and staff assistance.

1. 1. The Bureau of Legislative Research shall employ a person to serve as Code Revisor.
   2. 1. The Director of the Bureau of Legislative Research shall seek the advice of the Arkansas Code Revision Commission before employing a person as Code Revisor and before terminating the employment of a person who is serving as Code Revisor.
      2. The commission shall be entitled to interview applicants for the position of Code Revisor.
2. The director shall consult with the commission concerning the duties, authority, and responsibility of the Code Revisor and concerning the code revision duties of other bureau personnel who assist the commission.

History. Acts 1945, No. 50, § 1; 1977, No. 665, § 1; 1983, No. 641, § 1; A.S.A. 1947, § 1-300; Acts 2005, No. 1260, § 2.

A.C.R.C. Notes. Acts 2005, No. 1260, § 1, provided:

“(a)(1) Effective July 1, 2005, employees of the Arkansas Code Revision Commission are transferred to the Bureau of Legislative Research and shall be employees of the bureau.

“(2) Effective July 1, 2005, the person who was employed as Executive Director of the Arkansas Code Revision Commission on June 30, 2005, shall become the code revisor for the Bureau of Legislative Research.

“(b) All of the commission's records, personnel, property, unexpended balances of appropriations, allocations, and funds are transferred to the Bureau of Legislative Research.

“(c) The Arkansas Code Revision Commission shall retain its powers, duties, and functions with respect to the Arkansas Code but staff support shall be provided by the Bureau of Legislative Research.

“(d)(1) Employees transferred from the Arkansas Code Revision Commission may occupy positions authorized for the Bureau of Legislative Research and Bureau of Legislative Research employees may occupy positions authorized for the Arkansas Code Revision Commission.

“(2) Appropriations authorized for the personal services and operating expenses of the Arkansas Code Revision Commission may be utilized for the personal services and operating expenses of the Bureau of Legislative Research and appropriations authorized for the personal services and operating expenses of the Bureau of Legislative Research may be utilized for the personal services and operating expenses of the office and employees transferred from the Arkansas Code Revision Commission and for operating expenses of the Arkansas Code Revision Commission.”

Amendments. The 2005 amendment rewrote this section.

1-2-303. Powers and duties — Definition.

1. 1. The Arkansas Code Revision Commission from time to time shall arrange for the publication of compilations, recompilations, revisions, codifications, or recodifications of or cumulative or noncumulative supplements to the statutes of Arkansas.
   2. The commission shall arrange for the solicitation and receipt of competitive bids for all these publications on such terms as it deems reasonable.
   3. Specifications for the publications shall be drawn under the supervision of and subject to approval by the commission.
   4. 1. Contracts shall be awarded to the lowest responsible bidder, taking into consideration, among other things, estimated time of performance, quality of work, probability of timely and adequate performance, and experience of the company regarding the services sought by the commission.
      2. If the best interests of the state would be served, any and all bids submitted to the commission regarding any publication project may be rejected, and the commission may negotiate any necessary contract with the party most qualified to perform the services sought by the commission.
   5. 1. The price at which publications under this section shall be sold shall be fixed from time to time by the commission.
      2. If the commission enters into a contract with a publisher for any publication, the price at which the publication under the contract shall be sold shall be fixed from time to time by agreement between the commission and the publisher.
   6. Supplements and replacement volumes published under the supervision of the commission shall be prima facie evidence of the law contained in the supplements and replacement volumes.
2. In the commission's discretion and subject to the provisions and requirements of § 19-4-1109, the commission may enter into contracts for professional services to the commission, which contracts may include, but are not limited to, the purposes of:
   1. 1. Creating and maintaining up-to-date continuing computerized database banks of the statutes of Arkansas by use of magnetic tape or other means of photographic or electronic preservation and reproduction systems with facilities for electronic access and retrieval.
      2. However, before the commission shall enter into any contract for computerized database banks of the statutes of Arkansas, the commission shall confer with and seek the advice of the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Legislative Council, and the Director of the Bureau of Legislative Research with respect to the needs and requirements for use of computerized database banks of the statutes of Arkansas:
         1. For electronic access and statutory retrieval in connection with a computerized bill drafting and bill processing system;
         2. To meet the needs of the General Assembly and the committees of the General Assembly; and
         3. To assist in the preparation of acts signed by the Governor for printing of the official Acts of Arkansas.
      3. The commission shall confer periodically with the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the Legislative Council, and the director and shall seek their advice with respect to means of upgrading and improving the computerized database banks to meet the needs and requirements for their respective uses;
   2. Providing continuing assistance to the commission in the maintenance of the databases and the appropriate codification of legislation enacted by the General Assembly;
   3. Performing those other services which are determined by the commission from time to time to be reasonably required and necessary in order to maintain availability to the State of Arkansas of up-to-date computerized database indices of the statutes of Arkansas and in furtherance of its duties and authority as otherwise provided by this subchapter and by other provisions of law; and
   4. Preparing a codification of all the statutes in a proposed code of laws to be presented to the General Assembly for approval and enactment, or, in lieu of a single codification of all of the state's statutes, preparation of recommended codes of a similar subject or nature in proposed titles or chapters of a code for consideration by the General Assembly for enactment from time to time with the overall objective of eventually incorporating all of the state's statutes in a unified codification of those laws.
3. The Code Revisor and other designated personnel of the Bureau of Legislative Research shall assist the commission:
   1. To make continual studies and conduct reviews of the common law, statutes, and current judicial decisions of the state in order to identify:
      1. Obsolete statutes;
      2. Overlapping and duplicating laws;
      3. Inequitable or inconsistent laws;
      4. Deficiencies in existing laws which contribute to indefiniteness of interpretation of the purpose of those laws or the legislative intent of those laws;
      5. Deficiencies in administrative procedures;
      6. Defects in practice and procedure; and
      7. Deficiencies of due process provisions in the enforcement of the criminal laws of this state;
   2. To prepare initial drafts of corrective legislation to be submitted to the commission in advance of each regular session of the General Assembly; and
   3. 1. To make studies of the methods, means, and systems used in the various states for the compilation, codification, revision, and publication of the compilations, codifications, or statutes of those states.
      2. These studies are to be used by the commission in determining means of improving the codification of the statutes of Arkansas and to prepare recommendations to the General Assembly in regard to the codification of statutes.
4. 1. In exercising the powers and duties imposed upon it by this subchapter, the commission shall not authorize any change in the substance or meaning of any provision of the Arkansas Code or any act of the General Assembly. The bureau shall not change the substance or meaning of any provision of the Arkansas Code or any act of the General Assembly. However, the bureau working under the direction of the commission may:
      1. Correct the spelling of words;
      2. Change capitalization for the purpose of uniformity;
      3. Correct manifest typographical and grammatical errors;
      4. Correct manifest errors in references to laws and other documents;
      5. Correct manifest errors in internal reference numbers;
      6. Substitute the proper Arkansas Code section number, subchapter number, chapter number, subtitle number, title number, or other number or designation for the terms “this act”, “the preceding Code section”, or any similar words or phrases;
      7. Number, renumber, redesignate, and rearrange chapters, subchapters, sections, subsections, and subdivisions, or any combination or portion of chapters, subchapters, sections, subsections, and subdivisions;
      8. Change internal reference numbers to agree with renumbered chapters, subchapters, sections, subsections, subdivisions, or portions of chapters, subchapters, sections, subsections, and subdivisions;
      9. Substitute the correct calendar date for “the effective date of this act” and other phrases of similar import;
      10. Correct inaccurate references to:
          1. Funds;
          2. Fund accounts;
          3. The titles of officers;
          4. The names of departments or other agencies of the federal government, the state government, or local governments, and the names of other entities; and
          5. The short titles of other laws;
      11. Make any other name changes necessary to be consistent with the laws currently in effect;
      12. Alphabetize definitions and make any necessary changes to conform the definitions sections to Arkansas Code style and format;
      13. Insert or delete hyphens in words to follow correct grammatical usage;
      14. Change numerals or symbols to words or vice versa and add figures or words if they are merely repetitions of written words or vice versa for purposes of uniformity and style;
      15. Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
      16. Correct punctuation;
      17. Correct word usage;
      18. Change gender-specific language to gender-neutral language; and
      19. Remove obsolete language.
   2. Except as provided in subdivision (d)(1) of this section, the wording, punctuation, and format of sections of acts shall appear in the Arkansas Code exactly as enacted by the General Assembly.
   3. No law may be removed from the Arkansas Code unless specifically repealed by the General Assembly.
   4. Every section of each act which is required to be codified shall be codified as a complete section of the Arkansas Code unless otherwise consented to by the director.
   5. Sections of acts shall not be combined into the same Arkansas Code section unless they are identical or they specifically amend the same Arkansas Code section.
   6. 1. No section of an act shall be codified in more than one (1) place in the Arkansas Code without the prior approval of the director.
      2. If a section is applicable to more than one (1) title, chapter, subchapter, or section of the Arkansas Code, it shall be codified only in one (1) section unless otherwise consented to by the director, with notes indicating its applicability to other portions of the Arkansas Code.
   7. The commission shall notify the Legislative Council no later than the first Friday of each month of the discovery of problems with the acts or the Arkansas Code and recommend corrections.
   8. The commission shall insert a codifier's note under appropriate Arkansas Code sections to alert the reader to conflicting Arkansas Code provisions and other problems identified by the commission.
   9. 1. 1. The commission shall provide a copy of its conformed acts to the director within one hundred twenty (120) days after the adjournment of each session of the General Assembly.
         2. The conformed acts may be provided in an electronic format.
      2. As used in subdivision (d)(9)(A) of this section, “conformed acts” means those documents prepared by the commission indicating the differences between the codification of the acts and the original forms of the acts.
   10. If the acts of the General Assembly are in markup format, language overstricken shall not be codified and underlined language shall not be underlined in the Arkansas Code.
5. 1. Except as provided in subdivision (e)(2) of this section, the commission shall codify every initiated measure enacted by the people of Arkansas and every act of each regular and extraordinary session of the General Assembly.
   2. The commission shall not be required to codify the following language or sections found in initiated measures or acts of the General Assembly:
      1. Appropriation language;
      2. Boilerplate language;
      3. Codification clauses;
      4. Effective date language;
      5. Emergency clauses;
      6. Expiration date language;
      7. General repealers;
      8. Intent, purpose, construction, and applicability language;
      9. Language that specifically refers to an appropriation;
      10. Sections stating that they are not to be codified;
      11. Sections that the Legislative Council requests that the commission not codify;
      12. Local, special, or temporary language; and
      13. Severability clauses.
6. 1. The Code Revisor is expected to notify the director on an act-by-act basis within one (1) business day after discovering that a change should be made which requires the prior approval of the director.
   2. The director is expected to respond to the Code Revisor within one (1) business day after receiving notice from the commission.
7. 1. All uncodified local acts, special acts, and temporary acts, excluding appropriation acts, shall be cumulatively indexed by the commission using descriptive wording and shall include references to the act numbers and years of enactment.
   2. No later than one hundred twenty (120) days after the adjournment of each legislative session, the Code Revisor shall provide a report to the director and the Legislative Council identifying which acts and parts of acts of the session are to be cumulatively indexed pursuant to subdivision (g)(1) of this section.
8. The director may delegate his or her authority under this section to another employee of the bureau.

History. Acts 1955, No. 246, §§ 1, 2; 1975 (Extended Sess., 1976), No. 1219, § 1; 1977, No. 665, § 2; 1983, No. 641, § 2; A.S.A. 1947, §§ 1-301, 1-302; Acts 1987, No. 334, § 2; reen. 1987, No. 1009, § 1; Acts 1995, No. 459, § 1; 1997, No. 533, § 2; 1999, No. 751, §§ 3, 4; 2001, No. 327, § 2; 2005, No. 1260, § 3; 2007, No. 436, § 1; 2017, No. 598, § 1.

A.C.R.C. Notes. Part of this section was reenacted by Acts 1987, No. 1009, § 1. Acts 1987, No. 834, provided that 1987 legislation reenacting acts passed in the 1976 Extended Session should not repeal any other 1987 legislation and that such other legislation would be controlling in the event of conflict.

Acts 2005, No. 1260, § 1, provided:

“(a)(1) Effective July 1, 2005, employees of the Arkansas Code Revision Commission are transferred to the Bureau of Legislative Research and shall be employees of the bureau.

“(2) Effective July 1, 2005, the person who was employed as Executive Director of the Arkansas Code Revision Commission on June 30, 2005, shall become the code revisor for the Bureau of Legislative Research.

“(b) All of the commission's records, personnel, property, unexpended balances of appropriations, allocations, and funds are transferred to the Bureau of Legislative Research.

“(c) The Arkansas Code Revision Commission shall retain its powers, duties, and functions with respect to the Arkansas Code but staff support shall be provided by the Bureau of Legislative Research.

“(d)(1) Employees transferred from the Arkansas Code Revision Commission may occupy positions authorized for the Bureau of Legislative Research and Bureau of Legislative Research employees may occupy positions authorized for the Arkansas Code Revision Commission.

“(2) Appropriations authorized for the personal services and operating expenses of the Arkansas Code Revision Commission may be utilized for the personal services and operating expenses of the Bureau of Legislative Research and appropriations authorized for the personal services and operating expenses of the Bureau of Legislative Research may be utilized for the personal services and operating expenses of the office and employees transferred from the Arkansas Code Revision Commission and for operating expenses of the Arkansas Code Revision Commission.”

Amendments. The 2005 amendment substituted “The code … commission” for “The commission shall cause the executive director and other staff members of the commission” in (c); in (d)(1), inserted the second sentence and inserted “the bureau working under the direction of” in the last sentence; substituted “director” for “Bureau of Legislative Research” in (d)(9)(A)(i); substituted “Code Revisor” for “commission” in (f)(1), (f)(2) and (g)(2); and inserted “and the Legislative Council” in (g)(2).

The 2007 amendment substituted “April 1 of the next calendar year following” for “one hundred twenty (120) days after” in (c)(2).

The 2017 amendment substituted “submitted to the commission in advance of each regular session of the General Assembly” for “filed with the Legislative Council no later than April 1 of the next calendar year following the adjournment of each session” in (c)(2).

1-2-304. Commission not to incur obligations absent appropriated or available funds.

1. The Arkansas Code Revision Commission shall not enter into any contracts or incur any financial obligations with publishing firms for the compilation, recompilation, revision, codification, or recodification of the statutes of Arkansas, nor shall the commission enter into contracts for professional services or incur any obligation of a continuing nature as authorized in this subchapter if the expenditure of state funds will be required, unless funds have been appropriated or are available from other sources available to it for that purpose.
2. In no event shall the commission create a financial commitment or obligation, to be paid by the commission or the State of Arkansas, in excess of the funds available to the commission for the fiscal year in which the services or obligations are incurred.

History. Acts 1983, No. 641, § 3; A.S.A. 1947, § 1-303; Acts 1987, No. 334, § 3; 2015, No. 1154, § 1.

Amendments. The 2015 amendment substituted “fiscal year” for “biennial period” in (b).

1-2-305. [Repealed.]

Publisher's Notes. This section, concerning the Arkansas Code Revision Fund, was repealed by Acts 2001, No. 1308, § 6. The section was derived from Acts 1983, No. 651, § 1; A.S.A. 1947, § 1-304.

1-2-306. [Repealed.]

A.C.R.C. Notes. Pursuant to § 1-2-207, the repeal of this section by Acts 1995, No. 1256, supersedes its amendment by Acts 1995, No. 232. Subsection (c) of this section was amended by Acts 1995, No. 232, § 1, to read as follows:

“(c) All funds collected pursuant to the additional costs levied in this section shall be remitted monthly by the collecting officer to the county treasurer and shall be credited to a fund designated as the Arkansas Code Revision fund. On or before the tenth of each month, the county treasurer shall remit all such funds to the Arkansas Code Revision Commission. The moneys received by the Arkansas Code Revision Commission shall be deposited in the State Treasury as special revenues and credited to the Arkansas Code Revision Fund.”

Publisher's Notes. This section, concerning additional court fees, was repealed by Acts 1995, No. 1256, § 20, as amended by Acts 1995 (1st Ex. Sess.), No. 13, § 4. The section was derived from Acts 1983, No. 651, § 2; A.S.A. 1947, § 1-305; Acts 1987, No. 140, § 1; 1991, No. 904, §§ 1, 20; 1995, No. 232, § 1.

1-2-307. [Repealed.]

Publisher's Notes. This section, concerning a code of state regulations, was repealed by Acts 1997, No. 533, § 3. The section was derived from Acts 1995, No. 459, § 2.

1-2-308. Acts amending Arkansas Constitution.

1. 1. If an act of the General Assembly amends a provision of the Arkansas Constitution as expressly permitted by the Arkansas Constitution, the Arkansas Code Revision Commission may, by a majority vote of the commission, make the following revisions to the act amending the Arkansas Constitution so long as the revisions do not change the substance or meaning of the act amending the Arkansas Constitution:
      1. Correct the spelling of words;
      2. Change capitalization for the purpose of uniformity;
      3. Correct manifest typographical and grammatical errors;
      4. Correct manifest errors in references to laws and other documents;
      5. Correct manifest errors in internal reference numbers;
      6. Number, renumber, redesignate, and rearrange the provision of the Arkansas Constitution at issue;
      7. Change internal reference numbers to agree with renumbered sections, subsections, subdivisions, or other provisions of law;
      8. Insert or delete hyphens in words to follow correct grammatical usage;
      9. Change numerals or symbols to words or vice versa and add figures or words if they are merely repetitions of written words or vice versa for purposes of uniformity and style;
      10. Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
      11. Correct punctuation; and
      12. Change gender-specific language to gender-neutral language.
   2. 1. If more than one (1) act amending the same provision of the Arkansas Constitution is enacted by the General Assembly during the same session, the commission may, by a majority vote of the commission, revise the provision of the Arkansas Constitution at issue as necessary so that all of the enactments shall be given effect, including without limitation renumbering, redesignating, and rearranging sections, subsections, and subdivisions of the provision of the Arkansas Constitution at issue.
      2. In the event that one (1) or more acts amending the same provision of the Arkansas Constitution result in an irreconcilable conflict with one (1) or more acts of the General Assembly amending the Arkansas Constitution enacted during the same session, the commission may, by a majority vote of the commission, revise the provision of the Arkansas Constitution at issue so that the conflicting provision of the last enactment prevails.
2. If the commission makes revisions under subsection (a) of this section, the commission shall file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor that:
   1. Explains the revisions made under subsection (a) of this section; and
   2. Includes the text of the provision of the Arkansas Constitution at issue as amended by the revisions made under subsection (a) of this section.

History. Acts 2019, No. 694, § 7.

Subchapter 4 — Commission on Uniform State Laws

1-2-401. Creation — Members.

1. A commission is created to be known as the “Commission on Uniform State Laws”. The commission shall consist of three (3) recognized members of the bar who shall be appointed by the Governor for terms of four (4) years each and until their successors are appointed and, in addition thereto, any residents of this state who, because of long service in the cause of uniformity of state legislation, shall have been elected life members of the National Conference of Commissioners on Uniform State Laws.
2. Upon the death, removal from the state, resignation, failure, or refusal to serve of any appointed commissioner, the appointed office becomes vacant and the Governor shall make an appointment to fill the vacancy for the unexpired term.

History. Acts 1945, No. 159, §§ 1, 2; A.S.A. 1947, §§ 6-401, 6-402.

1-2-402. Meetings and organization.

The commissioners of the Commission on Uniform State Laws shall meet at least one (1) time in two (2) years and shall organize by means of the election of one (1) of their number as chair and another as secretary, who shall hold their respective offices for a term of two (2) years and until their successors are appointed.

History. Acts 1945, No. 159, § 3; A.S.A. 1947, § 6-403.

1-2-403. Duties.

1. Each commissioner of the Commission on Uniform State Laws shall attend the meetings of the National Conference of Commissioners on Uniform State Laws and, both in and out of the National Conference, shall do all in his or her power to promote uniformity in state laws upon all subjects where uniformity may be deemed desirable and practicable.
2. The Commission on Uniform State Laws shall report to the General Assembly at each regular session, and from time to time thereafter as the Commission on Uniform State Laws may deem proper, an account of its transactions and its advice and recommendations for legislation.
3. It shall also be the duty of the Commission on Uniform State Laws to bring about, as far as practicable, the uniform judicial interpretation of all uniform laws.

History. Acts 1945, No. 159, § 4; A.S.A. 1947, § 6-404.

Subchapter 5 — Minorities in Arkansas Act of 2001

1-2-501. Short title.

This subchapter shall be known as the “Minorities in Arkansas Act of 2001”.

History. Acts 2001, No. 1394, § 1.

1-2-502. Legislative findings.

1. The General Assembly finds that there are great disparities in the definition of “minority” in the Arkansas Code, and it would be advantageous to have a consistent definition of minority in the State of Arkansas.
2. The General Assembly also recognizes that the number of people settling in Arkansas who are Hispanic immigrants or are of Hispanic background is rapidly increasing, and it would be advantageous to include Hispanics in the definition of “minority” in Arkansas.

History. Acts 2001, No. 1394, § 2.

1-2-503. “Minority” defined.

For terms of Arkansas law, “minority” means black or African American, Hispanic American, American Indian or Native American, Asian, and Pacific Islander.

History. Acts 2001, No. 1394, § 3.

1-2-504. Other definitions of “minority”.

1. When enacting specific laws, the definition of “minority” shall be expanded to include other racial or ethnic groups when it is considered necessary by a legislative body.
2. However, under no circumstances should the definition of “minority” exclude black Americans or African Americans, Hispanic Americans, or American Indians or Native Americans.

History. Acts 2001, No. 1394, § 4.

1-3-101. Penalty.

Every person who shall fail to comply with the provisions of §§ 1-3-103 and 1-3-105 — 1-3-108 shall be fined in any sum not exceeding one thousand dollars ($1,000).

History. Init. Meas. 1914, No. 2, § 13, Acts 1915, p. 1511; Pope's Dig., § 8801; A.S.A. 1947, § 15-212.

Publisher's Notes. Acts 1917, No. 471, p. 2172, provided:

“That Act No. 3 [2], known as the Publicity Act, initiated and adopted by the people at the general election held in September, 1914, be and the same is hereby repealed; provided, that this Act shall not go into effect until the next general election, when the same shall be submitted to the voters of each county for ratification or rejection; that at the next general election held for the election of State and county officers, there shall be printed on the ballot the words, ‘For Act No. 3’ [2] and ‘Against Act No. 3,’ [2] and in any county in which the majority of the voters voting on such question vote against Act No. 3 [2], then in such county said Act shall be repealed, and this Act shall be in full force and effect.” The results of the election are not known.

1-3-102. [Repealed.]

Publisher's Notes. This section, requiring the Secretary of State to print a synopsis of general laws, was repealed by Acts 1997, No. 256, § 1. The section was derived from Init. Meas. 1914, No. 2, § 2; Acts 1915, No. 104, § 2; Pope's Dig., § 8790; A.S.A. 1947, § 15-201.

1-3-103. Orders of Arkansas Public Service Commission and Arkansas Transportation Commission [abolished].

The respective secretaries of the Arkansas Public Service Commission and the Arkansas Transportation Commission [abolished] shall cause to be published one (1) time, in one (1) newspaper in each county in this state, all general orders of the respective commissions.

History. Init. Meas. 1914, No. 2, § 3, Acts 1915, p. 1511; Pope's Dig., § 8791; A.S.A. 1947, § 15-202.

Publisher's Notes. The Arkansas Transportation Commission was abolished and replaced by the Transportation Regulatory Board and the Transportation Safety Agency pursuant to Acts 1987, No. 572. However, Acts 1989 (1st Ex. Sess.), No. 67, § 23 and Acts 1989 (1st Ex. Sess.), No. 153, §§ 2, 3, abolished the board and the agency and transferred their powers, functions, and duties to the State Highway Commission and the Arkansas State Highway and Transportation Department [now the Arkansas Department of Transportation], respectively.

1-3-104. [Repealed.]

Publisher's Notes. This section, concerning a summary of assessment proceedings, was repealed by Acts 2005, No. 27, § 1. The section was derived from Init. Meas. 1914, No. 2, § 4, Acts 1915, p. 1511; Pope's Dig., § 8792; A.S.A. 1947, § 15-203.

1-3-105. Report of commissioners of special improvement districts.

All annual reports of the commissioners of special improvement districts shall be published one (1) time in one (1) newspaper published in the municipality in which the district exists.

History. Init. Meas. 1914, No. 2, § 8, Acts 1915, p. 1511; Pope's Dig., § 8796; A.S.A. 1947, § 15-207.

1-3-106. Newspapers eligible to publish notices.

In all counties in which there are cities of the first class, the publication provided for in this chapter may be made in one (1) daily newspaper of general circulation or in one (1) or more weekly newspapers of general circulation in the county.

History. Init. Meas. 1914, No. 2, § 12, Acts 1915, p. 1511; 1933, No. 239, § 1; Pope's Dig., § 8800; A.S.A. 1947, § 15-211.

1-3-107. Fees for publishing notices.

1. The fees allowed for the publications provided in this chapter shall not exceed one-half (½) of the legal rate provided by law for the publication of legal notices except in the case of a newspaper having a sworn circulation of more than five thousand (5,000) when full legal rates shall be paid.
2. 1. All accounts for publication required by § 1-3-102 [repealed] shall be paid by the state.
   2. All accounts under § 1-3-103 shall be paid by the state when approved by the Arkansas Public Service Commission or the Arkansas Transportation Commission [abolished], as appropriate.
   3. All accounts for publications required by § 1-3-104 [repealed] shall be paid by the county in which the publications are made, when the publications are approved by the county court, and the respective levying courts are authorized to make appropriation for that purpose.
   4. All accounts for publications under § 1-3-105 shall be paid by the improvement districts making the publications when the publications have been approved by the commissioners of the districts.

History. Init. Meas. 1914, No. 2, § 9, Acts 1915, p. 1511; Pope's Dig., § 8797; A.S.A. 1947, § 15-208.

Publisher's Notes. The Arkansas Transportation Commission was abolished and replaced by the Transportation Regulatory Board and the Transportation Safety Agency pursuant to Acts 1987, No. 572. However, Acts 1989 (1st Ex. Sess.), No. 67, § 23 and Acts 1989 (1st Ex. Sess.), No. 153, §§ 2, 3, abolished the board and the agency and transferred their powers, functions, and duties to the State Highway Commission and the Arkansas State Highway and Transportation Department [now the Arkansas Department of Transportation], respectively.

1-3-108. Publications in more than one newspaper.

The officials who are required by this chapter to cause publications to be made may cause them to be made in more than one (1) newspaper when it is possible to secure more general publicity without additional expense.

History. Init. Meas. 1914, No. 2, § 11, Acts 1915, p. 1511; Pope's Dig., § 8799; A.S.A. 1947, § 15-210.

1-3-109. Printing of publication cost.

1. All newspapers publishing anything under the provisions of §§ 1-3-101, 1-3-103, and 1-3-105 — 1-3-109 shall print free of charge at the head of each of the publications, in type of double the size of the publication itself, the following words: “The cost of this publication to the taxpayers is the sum of dollars.”
2. Any newspaper or proprietor or editor of any newspaper failing to comply with this section shall be guilty of a violation and upon conviction shall be fined in any sum not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

History. Acts 1915, No. 83, §§ 1, 2; A.S.A. 1947, § 15-201n; Acts 2005, No. 1994, § 1.

Amendments. The 2005 amendment substituted “violation” for “misdemeanor” in (b).

1-4-101. State flag.

1. 1. 1. The official state flag shall be a rectangle of red on which is placed a large white diamond, bordered by a wide band of blue on which are twenty-five (25) white stars.
      2. Across the diamond shall be the word “ARKANSAS” and four (4) blue stars, with one (1) star above and three (3) stars below the word “ARKANSAS”.
      3. The star above the word “ARKANSAS” shall be below the upper corner of the diamond.
      4. The three (3) stars below the word “ARKANSAS” shall be placed so that one (1) star shall be above the lower corner of the diamond and two (2) stars shall be placed symmetrically, parallel above and to the right and left of the star in the lower corner of the diamond.
   2. The colors used for the official state flag shall be the same as those used on the United States flag, specifically to include:
      1. Old Glory Red or its equivalent; and
      2. Old Glory Blue or its equivalent.
2. The three (3) stars so placed are designed to represent the three (3) nations, France, Spain, and the United States, which have successively exercised dominion over Arkansas. These stars also indicate that Arkansas was the third state carved out of the Louisiana Purchase. Of these three (3) stars, the twin stars parallel with each other signify that Arkansas and Michigan are twin states, having been admitted to the Union together on June 15, 1836. The twenty-five (25) white stars on the band of blue show that Arkansas was the twenty-fifth state admitted to the Union. The blue star above the word “ARKANSAS” is to commemorate the Confederate States of America. The diamond signifies that this state is the only diamond-bearing state in the Union.
3. An official state flag shall be made in the United States.

History. Acts 1987, No. 116, § 1; 2011, No. 1205, §§ 1, 2.

A.C.R.C. Notes. Former § 1-4-101, which concerned the state flag, is deemed to be superseded by this section. The former section was derived from the following sources: Senate Concurrent Resolution No. 11, Acts 1913, p. 1508; House Concurrent Resolution No. 4, Acts 1923, p. 815; House Concurrent Resolution No. 11, Acts 1924 (2nd Ex. Sess.), p. 27; A.S.A. 1947, § 5-107.

Amendments. The 2011 amendment inserted (a)(2); and added (c).

Cross References. Contempt for or desecration of the Arkansas flag, § 5-51-208.

1-4-102. Salute to state flag.

The following is adopted as the official salute to the Arkansas Flag: “I salute the Arkansas Flag with its diamond and stars. We pledge our loyalty to thee.”

History. House Concurrent Resolution No. 23, Acts 1953, p. 1510; A.S.A. 1947, § 5-108.

1-4-103. Lowering of flags upon death of public officials.

1. It shall be the policy of the State of Arkansas to honor and pay tribute to certain public officials by lowering the state flags located on public buildings and other public property to half-mast from the time notice of the official's death is received through the day on which funeral services are conducted for the deceased official.
2. This section shall apply with respect to the following officers:
   1. Current and past members of the United States Congress from the State of Arkansas;
   2. Current constitutional officers of the State of Arkansas;
   3. Former Governors of the State of Arkansas;
   4. Current members of the General Assembly; and
   5. Current members of the Supreme Court.
3. The provisions of this section shall not interfere with or restrict the authority of the Governor to order the state flag lowered to half-staff by executive proclamation at times other than those mentioned in this section.

History. Acts 1977, No. 534, §§ 1-3; A.S.A. 1947, §§ 5-108.1 — 5-108.3.

1-4-104. Distribution of flags.

1. 1. The Secretary of State shall obtain a sufficient quantity of flags of the United States and flags of the State of Arkansas in order that the flags that have been flown over the State Capitol Building may be made available to members of the House of Representatives and members of the Senate for distribution in their respective districts and to the Governor for statewide distribution, to:
      1. Civic groups;
      2. Schools;
      3. Organized youth groups; and
      4. An individual as an award in recognition of the individual's accomplishment.
   2. The flags described under this section and purchased by the Secretary of State shall be made in the United States.
2. A sufficient quantity of flags shall be obtained to permit the Secretary of State to make available for distribution in the manner authorized in this section:
   1. Thirty (30) Arkansas flags and twenty (20) United States flags per calendar year to each member of the House of Representatives and the Senate;
   2. One hundred (100) Arkansas flags and one hundred (100) United States flags per calendar year to the office of the Governor;
   3. One hundred (100) Arkansas flags and one hundred (100) United States flags to the office of the Secretary of State;
   4. Thirty-five (35) Arkansas flags and thirty-five (35) United States flags to the office of the President Pro Tempore of the Senate;
   5. Thirty-five (35) Arkansas flags and thirty-five (35) United States flags to the office of the Speaker of the House of Representatives;
   6. Twenty-five (25) Arkansas flags and twenty-five (25) United States flags per calendar year to the:
      1. Lieutenant Governor;
      2. Treasurer of State;
      3. Auditor of State; and
      4. Commissioner of State Lands; and
   7. Twenty-five (25) United States flags and twenty-five (25) Arkansas flags per calendar year to the Division of Emergency Medical Services of the Department of Health.
3. This section supersedes any other law of this state that provides for the Secretary of State to furnish copies of flags for distribution to groups and individuals as described in subdivision (a)(1) of this section.

History. Acts 1985, No. 414, §§ 1, 2; A.S.A. 1947, §§ 5-120, 5-121; Acts 1989 (1st Ex. Sess.), No. 123, § 14; 2003, No. 300, § 1; 2011, No. 1205, § 3; 2013, No. 955, § 1; 2015, No. 1184, § 1; 2019, No. 220, §§ 1, 2.

Amendments. The 2003 amendment rewrote (b).

The 2011 amendment inserted (a)(2); and substituted “shall” for “is authorized and directed to” in (a)(1).

The 2013 amendment, in (b)(1), substituted “Thirty (30)” for “Fifteen (15)” and “twenty (20)” for “ten (10)”; rewrote (b)(2); inserted present (b)(3) through (b)(5); redesignated former (b)(3) as present (b)(6); and rewrote present (b)(6).

The 2015 amendment added “the” at the end of the introductory language of (b)(6); deleted “The” at the beginning of (b)(6)(A) through (b)(6)(D); and added (b)(7).

The 2019 amendment, in the introductory language of (a)(1), inserted “for distribution in their respective districts” and “statewide”; redesignated existing provisions of (a)(1) as (a)(1)(A) through (a)(1)(C); deleted “in their respective areas” following “youth groups” in (a)(1)(C); added (a)(1)(D); rewrote (c); and made stylistic changes.

1-4-105. Pronunciation of state name.

Whereas, confusion of practice has arisen in the pronunciation of the name of our state and it is deemed important that the true pronunciation should be determined for use in oral official proceedings.

And, whereas, the matter has been thoroughly investigated by the Historical Society of the State of Arkansas and the Eclectic Society of Little Rock, which have agreed upon the correct pronunciation as derived from history and the early usage of the American immigrants.

Be it therefore resolved by both houses of the General Assembly, that the only true pronunciation of the name of the state, in the opinion of this body, is that received by the French from the native Indians and committed to writing in the French word representing the sound. It should be pronounced in three (3) syllables, with the final “s” silent, the “a” in each syllable with the Italian sound, and the accent on the first and last syllables. The pronunciation with the accent on the second syllable with the sound of “a” in “man” and the sounding of the terminal “s” is an innovation to be discouraged.

History. Concurrent Resolution No. 4, Acts 1881, p. 216; C. & M. Dig., § 9181a; Pope's Dig., § 11867; A.S.A. 1947, § 5-102.

1-4-106. State nickname.

Because of our unsurpassed scenery, clear lakes, free-flowing streams, magnificent rivers, meandering bayous, delta bottomlands, forested mountains, and abundant fish and wildlife, the official nickname for the State of Arkansas is proclaimed to be “The Natural State”.

History. House Concurrent Resolution No. 26, Acts 1953, p. 1511; A.S.A. 1947, § 5-110; Acts 1995, No. 1352, § 1.

1-4-107. State motto.

The motto of the State of Arkansas shall be “Regnat Populus”.

History. Acts 1907, No. 395, § 1, p. 987; C. & M. Dig., § 9181; Pope's Dig., § 11866; A.S.A. 1947, § 5-103.

1-4-108. Official seals.

1. It shall be the duty of the Governor to procure a seal for the State of Arkansas, which shall present the following impressions, devices, and emblems, to wit: An eagle at the bottom, holding a scroll in its beak, inscribed “Regnat Populus”, a bundle of arrows in one claw and an olive branch in the other; a shield covering the breast of the eagle, engraved with a steamboat at top, a beehive and plow in the middle, and sheaf of wheat at the bottom; the Goddess of Liberty at the top, holding a wreath in her right hand, a pole in the left hand, surmounted by a liberty cap, and surrounded by a circle of stars outside of which is a circle of rays; the figure of an angel on the left, inscribed “Mercy”, and a sword on the right hand, inscribed “Justice”, surrounded with the words “Seal of the State of Arkansas”.
2. The Secretary of State, Auditor of State, and Treasurer of State shall each have a seal of office presenting the impressions, devices, and emblems presented by the Seal of State except that the surrounding words on the Secretary of State's seal shall be “Seal of the Secretary of State, Arkansas”, on the Auditor of State's seal shall be “Seal of the Auditor of State, Arkansas”, and on the Treasurer of State's seal shall be “Seal of the Treasurer of State, Arkansas”.
3. All official seals used in the state shall present the same impressions, emblems, and devices presented by the Seal of State, except that the surrounding words shall be such as to indicate the office to which each seal belongs.

History. Acts 1864, No. 1, §§ 1-3, p. 31; C. & M. Dig., §§ 2096, 9142-9144; Pope's Dig., §§ 2700, 11804-11806; A.S.A. 1947, §§ 5-104 — 5-106.

Cross References. Governor to keep seal, Ark. Const., Art. 6, § 9.

Seal of state continued, Ark. Const., Art. 19, § 25.

1-4-109. State flower.

The apple blossom is declared to be the state floral emblem of Arkansas.

History. Senate Concurrent Resolution No. 1, Acts 1901, p. 408; A.S.A. 1947, § 5-109.

1-4-110. State insect.

The honeybee is designated as the official state insect for the State of Arkansas.

History. Acts 1973, No. 49, § 1; A.S.A. 1947, § 5-118.

1-4-111. State gem, mineral, and rock.

1. The diamond is adopted and designated the official state gem of the State of Arkansas.
2. Quartz crystal is adopted and designated the official state mineral of the State of Arkansas.
3. Bauxite is adopted and designated the official state rock of the State of Arkansas.

History. Acts 1967, No. 128, §§ 1-3; A.S.A. 1947, §§ 5-115 — 5-117.

1-4-112. State beverage.

Milk is designated as the state beverage of Arkansas.

History. Acts 1985, No. 998, § 1; A.S.A. 1947, § 5-127.

1-4-113. State musical instrument.

The fiddle is designated the official musical instrument of the State of Arkansas.

History. Acts 1985, No. 277, § 1; A.S.A. 1947, § 5-119.

1-4-114. Poet laureate.

1. The Governor is authorized to designate or appoint, by proclamation, a Poet Laureate of the State of Arkansas, which shall be an honorary title in recognition of outstanding accomplishments and contributions in poetry by a person who is a resident of the State of Arkansas.
2. 1. The person designated or appointed by the Governor as Poet Laureate of the State of Arkansas shall be a person whose name was selected from a list of names submitted to the Governor upon recommendation of a committee consisting of:
      1. Two (2) principal heads of English departments of state-supported universities or colleges who are selected by the Director of the Division of Higher Education; and
      2. Two (2) members of the Poets' Roundtable of Arkansas who are selected by the President of the Poets' Roundtable of Arkansas.
   2. 1. The person serving as Poet Laureate of the State of Arkansas on August 1, 2017, shall serve until the person's death or resignation from the position.
      2. The term of a Poet Laureate of the State of Arkansas appointed after August 1, 2017, is four (4) years.

History. Acts 1971, No. 90, § 1; A.S.A. 1947, § 5-111.1; Acts 2017, No. 292, § 1; 2019, No. 910, § 1031.

Amendments. The 2017 amendment redesignated former (b) as (b)(1); deleted “the principal heads of the English departments of all state-supported universities and colleges” from the end of the introductory language of (b)(1); and added (b)(1)(A), (b)(1)(B), and (b)(2).

The 2019 amendment substituted “Division of Higher Education” for “Department of Higher Education” in (b)(1)(A).

1-4-115. State fruit and vegetable.

It is found and determined by the General Assembly that the South Arkansas Vine Ripe Pink Tomato has a taste, texture, appearance, and aroma second to none and that the tomato is botanically a fruit and used as a vegetable. It is further determined by the General Assembly that Arkansas does not have a state fruit or a state vegetable. Therefore, the South Arkansas Vine Ripe Pink Tomato shall be the official state fruit and the official state vegetable.

History. Acts 1987, No. 255, § 1.

1-4-116. State songs and anthem.

1. 1. The songs “Arkansas (You Run Deep in Me)” and “Oh, Arkansas” shall each be designated and known as the official state song.
   2. The song “Arkansas”, written in 1916 by Mrs. Eva Ware Barnett, shall be known and designated as Arkansas' official state anthem.
   3. The song “The Arkansas Traveler”, as composed and approved by the State Song Commission in 1949 as the official state song, is adopted and designated as Arkansas’s official historical song. However, this designation shall not modify or affect the use of any song designated as the official song or anthem of this state if that designation has been appropriately adopted by an act or concurrent resolution of the General Assembly.
2. Recognizing that Arkansas has two (2) state songs, one (1) state anthem, and one (1) historical state song, the Secretary of State shall respond to requests for a copy of the Arkansas state song by furnishing copies of “Arkansas”, written by Mrs. Eva Ware Barnett.

History. Acts 1987, No. 850, § 1; House Concurrent Resolution No. 1003, Acts 1987; House Concurrent Resolution No. 1007, Acts 1987.

A.C.R.C. Notes. As enacted, subdivision (a)(1) of the section provided that in order for the songs “Arkansas (You Run Deep in Me)” and “Oh, Arkansas” to be designated as the official state song, the lyricists of the songs must file with the Secretary of State, by May 12, 1987, written consent for the use of each song as the state's official state song. Such consents were timely filed.

1-4-117. Official language.

1. The English language shall be the official language of the State of Arkansas.
2. This section shall not prohibit the public schools from performing their duty to provide equal educational opportunities to all children.

History. Acts 1987, No. 40, § 1; 1987, No. 77, § 1.

1-4-118. State bird.

The mockingbird is declared and everywhere recognized as the state bird of the State of Arkansas.

History. House Concurrent Resolution No. 22, Acts 1929.

1-4-119. State tree.

The pine tree is declared and everywhere recognized as the state tree of the State of Arkansas.

History. House Concurrent Resolution No. 2, Acts 1939.

1-4-120. State folk dance.

The dance known as the “square dance” is hereby designated and adopted as the American Folk Dance of the State of Arkansas.

History. Acts 1991, No. 93, § 1.

1-4-121. Purple martin capitals.

1. Since the purple martin, a bird known for its appetite for flying insects, is deemed by most as an attractive asset for its appearance, song, cleanliness, and diet — America's Most Wanted Bird, and since the City of Lake Village in Chicot County of southeastern Arkansas is located along the North-South Flyway, the major migration route for millions of birds, the City of Lake Village in Chicot County, shall be designated by the General Assembly to be known as the “Southeast Purple Martin Capital of the State of Arkansas”.
2. The City of Fort Smith is hereby designated as the “Northwest Purple Martin Capital of Arkansas”.

History. Acts 1993, No. 469, § 1; 1993, No. 871, § 1.

1-4-122. State mammal.

The white-tailed deer is hereby designated the official mammal of the State of Arkansas.

History. Acts 1993, No. 892, § 1.

1-4-123. Trout Capital of the U.S.A.

The City of Cotter, Arkansas, shall hereafter be known and may be referred to as the “Trout Capital of the U.S.A.”.

History. Acts 1993, No. 740, § 1.

1-4-124. State soil.

The Stuttgart soil series, member of a soil family of fine, smectitic, thermic albaquultic hapludalfs, is designated and declared as the official Arkansas state soil.

History. Acts 1997, No. 890, § 1.

1-4-125. State historic cooking vessel.

The Dutch oven is designated as the official historic cooking vessel of the State of Arkansas.

History. Acts 2001, No. 476, § 1.

1-4-126. State butterfly.

1. The Diana fritillary butterfly is designated the official butterfly of the State of Arkansas.
2. 1. This section does not require a state agency or office to republish a publication or brochure in order to list or display the state butterfly.
   2. A state agency or office may include the information concerning the state butterfly in future publications or brochures or in a scheduled update to a publication or brochure.
3. This section does not grant a protected status to the Diana fritillary butterfly.

History. Acts 2007, No. 156, § 1; 2009, No. 249, § 1.

A.C.R.C. Notes. Acts 2007, No. 156, § 2, provided: “Nothing in this act shall be construed to require a state agency or office to republish any publication or brochure in order to list or display the state butterfly. A state agency or office may include the information in future publications or brochures or in any scheduled update to a publication or brochure.”

Acts 2007, No. 156, § 3, provided: “This act shall not grant a protected status to the Diana fritillary butterfly.”

Amendments. The 2009 amendment inserted (b) and (c), and redesignated the remaining text accordingly.

1-4-127. State grain.

1. Rice is designated the official grain of the State of Arkansas.
2. 1. This section does not require a state agency or office to republish a publication or brochure in order to list or display the state grain.
   2. A state agency or office may include the information concerning the state grain in future publications or brochures or in a scheduled update to a publication or brochure.

History. Acts 2007, No. 513, § 1; 2009, No. 249, § 2.

A.C.R.C. Notes. Acts 2007, No. 513, § 2, provided: “Nothing in this act shall be construed to require a state agency or office to republish any publication or brochure in order to list or display the state grain. A state agency or office may include the information in future publications or brochures or in any scheduled update to a publication or brochure.”

Amendments. The 2009 amendment inserted (b) and redesignated the remaining text accordingly.

1-4-128. Lowering of state flags when member of armed services killed in action — Definition.

1. As used in this section, “public building” means a structure occupied by an agency of the State of Arkansas or its political subdivisions.
2. The State of Arkansas may honor and pay tribute to a member of the armed services who is killed in action by lowering a state flag located on a public building to half-staff any time after learning of the death of a member of the armed services for a period not to exceed three (3) days.
3. This section applies to a member of the armed services who was or has been a resident of the State of Arkansas.

History. Acts 2009, No. 30, § 1; 2011, No. 1182, § 1.

Amendments. The 2011 amendment substituted “when a member of the armed services is” for “upon death of a soldier” in the section heading; in (b), substituted “may honor” for “shall honor”, substituted “a state flag located on a public building” for “all state flags located on public buildings”, substituted “any time after learning of the death of a member of the armed services” for “from the time notice of the death of a member of the armed services is received”, and inserted “not to exceed”; and, in (c), deleted “only” following “This section”, inserted “or has been”, and deleted “at the time of his or her death” at the end.

1-4-129. State grape.

1. The Cynthiana grape, or Vitis Aestivalis, is designated the official grape of the State of Arkansas.
2. 1. This section does not require a state agency or office to republish a publication or brochure in order to list or display the state grape.
   2. A state agency or office may include the information concerning the state grape in future publications or brochures or in a scheduled update to a publication or brochure.
3. This section does not grant a protected status to the Cynthiana grape.

History. Acts 2009, No. 547, § 1.

1-4-130. State nut.

1. The pecan is designated the official nut of the State of Arkansas.
2. This section does not require a state agency or office to republish any publication or brochure in order to list or display the state nut. A state agency or office may include the information concerning the state nut in future publications or brochures or in any scheduled update to a publication or brochure.
3. This section does not grant a protected status to the pecan.

History. Acts 2009, No. 638, § 1.

1-4-131. Artist laureate.

1. The Governor may confer by proclamation the honorary title of “Artist Laureate of the State of Arkansas” in recognition of outstanding accomplishments and contributions in art by a person who is a resident of the State of Arkansas.
2. 1. The person designated or appointed by the Governor as Artist Laureate of the State of Arkansas shall be a visual, performing, or literary artist who was nominated by one (1) or more Arkansans.
   2. The Governor may consult with educational institutions, state agencies, and members of the public to facilitate the selection process.
3. The Artist Laureate of the State of Arkansas shall serve a term of four (4) years or until a successor has been appointed for this honorary designation.

History. Acts 2013, No. 167, § 1.

1-4-132. Poultry Capital of the World.

The City of Springdale, Arkansas, shall hereafter be known and may be referred to as the “Poultry Capital of the World”.

History. Acts 2013, No. 767, § 1.

1-4-133. Display of national motto.

1. 1. If funds under subsection (b) of this section are available, local school superintendents, local building administrators, or chief administrators of the public schools in this state, or institutions of higher education, or their respective designees, and the administrative officials of state agencies, or their respective designees, shall prominently display in a conspicuous place in a location described in subdivision (a)(2) of this section a durable poster or framed copy containing:
      1. 1. The national motto of the United States, “In God We Trust”.
         2. The national motto shall:
            1. Be easily readable on a poster or framed copy of at least eleven inches by fourteen inches (11" x 14");
            2. Be the central focus of the poster or framed copy; and
            3. Be displayed in a large font size;
      2. An accurate representation of the United States flag, which shall be under the national motto; and
      3. An accurate representation of the Arkansas state flag or flags.
   2. The durable posters or framed copies donated or purchased under subdivision (a)(1) of this section shall be displayed in each:
      1. Public institution of higher education and elementary and secondary school library and classroom in this state; and
      2. Public building or facility in this state that is maintained or operated by state funds.
2. The copies or posters authorized under this section shall either be donated or shall be purchased solely with funds made available through voluntary contributions to the local school boards, local building governing entity, or the Building Authority Division.

History. Acts 2017, No. 911, § 1; 2019, No. 604, § 1; 2019, No. 910, § 6052.

Amendments. The 2019 amendment by No. 604 rewrote (a); and inserted “local building governing entity” in (b).

The 2019 amendment by No. 910 deleted “of the Department of Finance and Administration” at the end of (b).

1-4-134. Arkansas's contribution to National Statuary Hall Collection — Legislative findings and intent.

1. The General Assembly finds that:
   1. Pursuant to an act of the United States Congress, Arkansas is entitled to have placed in the National Statuary Hall Collection in the United States Capitol statues, in marble or bronze, not exceeding two (2) in number, of deceased persons who were citizens of Arkansas, and illustrious for their historic renown, or for distinguished civil or military service, whom Arkansas deems to be worthy of this national commemoration;
   2. Arkansas has two (2) statues presently displayed in the National Statuary Hall Collection, one (1) dedicated to U.M. Rose by Senate Concurrent Resolution No. 6, Acts 1915, p. 1486, and one (1) dedicated to James P. Clarke by Acts 1917, No. 58;
   3. Agreement by the General Assembly is required by federal law to replace the existing statues of U.M. Rose and James P. Clarke with statues of Daisy Lee Gatson Bates and John R. “Johnny” Cash;
   4. Daisy Lee Gatson Bates, a citizen of Arkansas, served as a civil rights activist, writer, and publisher who worked and documented the struggle to end segregation in Arkansas;
   5. Daisy Lee Gatson Bates is an inspiration through her lifelong career of social activism and her dedication to ending segregation in Arkansas;
   6. John R. “Johnny” Cash, a citizen of Arkansas, is a legendary musician, who sold over ninety million (90,000,000) records, is one of the few people to be recognized in both the Country Music Hall of Fame and the Rock and Roll Hall of Fame, and who received numerous awards for his work; and
   7. John R. “Johnny” Cash articulated the story of his life in Arkansas through his music and made historic contributions to the musical history of our state and country.
2. The General Assembly finds and resolves that the statues of U.M. Rose and James P. Clarke located in the National Statuary Hall Collection in the United States Capitol should be removed and replaced with statues of Daisy Lee Gatson Bates and John R. “Johnny” Cash.
3. The Secretary of State shall:
   1. Submit to the person responsible for the National Statuary Hall Collection in the United States Capitol a written request to approve the replacement of both of the statues commemorating the distinguished service of Arkansas notable citizens and provided by the State of Arkansas currently on display in the National Statuary Hall Collection in the United States Capitol;
   2. Coordinate with Arkansas's congressional delegation to provide all documentation necessary to comply with federal law regarding the National Statuary Hall Collection in the United States Capitol; and
   3. Enter into all agreements required by federal law to replace both of the statues in the National Statuary Hall Collection in the United States Capitol.
4. The General Assembly designates the following citizens of Arkansas to be represented in the National Statuary Hall Collection in the United States Capitol:
   1. Daisy Lee Gatson Bates; and
   2. John R. “Johnny” Cash.
5. For the statues to be displayed in the National Statuary Hall Collection in the United States Capitol, the Secretary of State shall:
   1. Receive funds for the design, completion, transport, and display of the statue representing Daisy Lee Gatson Bates under subdivision (d)(1) of this section or the statue representing John R. “Johnny” Cash under subdivision (d)(2) of this section, or both, including without limitation:
      1. Appropriations made specific to this section; and
      2. Private gifts, grants, and donations from individuals and organizations to be deposited as trust funds into the National Statuary Hall Collection Trust Fund;
   2. Provide communication and outreach methods to fund the completion, transport, and display of the statue representing Daisy Lee Gatson Bates under subdivision (d)(1) of this section or the statue representing John R. “Johnny” Cash under subdivision (d)(2) of this section, or both;
   3. Enter into all necessary contracts for the design, completion, transport, and display of the statue representing Daisy Lee Gatson Bates under subdivision (d)(1) of this section or the statue representing John R. “Johnny” Cash under subdivision (d)(2) of this section, or both;
   4. Prior to the approval of the design, material, production, and method of display of the statue representing Daisy Lee Gatson Bates under subdivision (d)(1) of this section or the statue representing John R. “Johnny” Cash under subdivision (d)(2) of this section, or both, submit the proposed action for review by:
      1. The Legislative Council or the Joint Budget Committee if the General Assembly is in session;
      2. The Capitol Arts and Grounds Commission; and
      3. Any other commission established to facilitate the purposes of this section;
   5. Remove and relocate the existing statue representing U.M. Rose and the existing statue representing James P. Clarke in the National Statuary Hall Collection in the United States Capitol; and
   6. Organize an event unveiling the statue representing Daisy Lee Gatson Bates and the statue representing John R. “Johnny” Cash.
6. The Secretary of State and the Capitol Arts and Grounds Commission are not responsible for funding any costs specific to this section from sources not designated specifically to the placement and replacement of Arkansas statues in the National Statuary Hall Collection in the United States Capitol.

History. Acts 2019, No. 581, § 1; 2019, No. 1068, § 1.

A.C.R.C. Notes. Act 2019, No. 1068, § 4, provided: “Rules.

“(a) The Secretary of State may promulgate rules necessary to implement this act.

“(b)(1) If adopting necessary initial rules to implement this act, a final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):

“(A) On or before March 1, 2020; or

“(B) If approval under § 10-3-309 has not occurred by March 1, 2020, as soon as practicable after approval under § 10-3-309.

“(2) The Secretary of State shall file any necessary proposed rules with the Legislative Council under § 10-3-309 sufficiently in advance of March 1, 2020, so that the Legislative Council may consider the rule for approval before March 1, 2020.”

Amendments. The 2019 amendment added “Coordinate with Arkansas's congressional delegation to” in (c)(2); deleted (c)(4); rewrote (e); added (f); and made a stylistic change.

1-4-135. State dinosaur.

1. The Arkansaurus fridayi is designated as the official dinosaur of the State of Arkansas.
2. 1. This section does not require a state agency or office to republish a publication or brochure to list or display the state dinosaur.
   2. A state agency or office may include information concerning the state dinosaur in a future publication or brochure or in a scheduled update to a publication or brochure.

History. Acts 2019, No. 377, § 2.

1-4-136. State knife.

The Bowie knife is designated the official knife of the State of Arkansas.

History. Acts 2019, No. 510, § 2.

A.C.R.C. Notes. Acts 2019, No. 510, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that the:

“(1) Bowie knife has played an important part in Arkansas history;

“(2) Bowie knife was known as early as 1835 as an ‘Arkansas Toothpick’;

“(3) Bowie knife was used in Arkansas in 1836 when Arkansas was admitted to the union;

“(4) Bowie knife is regarded as Arkansas’s most famous weapon; and

“(5) Bowie knife continues to be produced by artisans for use by outdoorsmen and hunters in the state.

“(b) It is the intent of the General Assembly to recognize the significance of the Bowie knife in the history of Arkansas.”

1-4-137. State primitive fish.

1. The alligator gar is designated the official primitive fish of the State of Arkansas.
2. 1. This section does not require a state agency or office to republish a publication or brochure in order to list or display the alligator gar.
   2. A state agency or office may include the information concerning the state primitive fish in future publications or brochures or in a scheduled update to a publication or brochure.
3. This section does not grant a protected status to the alligator gar.

History. Acts 2019, No. 576, § 2.

A.C.R.C. Notes. Acts 2019, No. 576, § 1, provided: “Legislative intent. The General Assembly finds:

“(1) Arkansas is one (1) of only five (5) states that does not designate an official state fish;

“(2) The designation of an official state primitive fish provides conservation and educational benefits, increases interest in Arkansas's rich and diverse fauna, and promotes the important study of fisheries and ichthyology;

“(3) The alligator gar, Atractosteus spatula, is commonly recognized by most citizens of the State of Arkansas for its razor-sharp teeth and its stone-hard scales, which make it as tough as the Arkansas Razorback;

“(4) Alligator gar in Arkansas have been known to exceed eight feet (8') in length and two hundred forty pounds (240 lbs.) in weight, by far the largest fish in Arkansas;

“(5) The alligator gar has for centuries been one (1) of Arkansas's most remarkable resident creatures, with its scales used by Native Americans for arrowheads and its striking features likely noted by Spanish explorer Hernando De Soto, who described eating a fish ‘the size of a hog, with rows of teeth above and below’ in his exploration in the 1500s of what later became the State of Arkansas; and

“(6) While acknowledging the known diversity of fishes represented in Arkansas's lakes and rivers, the General Assembly concludes that the alligator gar shall represent the State of Arkansas as the official primitive fish of the State of Arkansas.”

1-4-138. State firearm.

The shotgun is designated the official firearm of the State of Arkansas.

History. Acts 2019, No. 685, § 2.

A.C.R.C. Notes. Acts 2019, No. 685, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) The right to hunt, fish, trap, and harvest wildlife is a right guaranteed by the Arkansas Constitution;

“(2) Hunting provides a recreational and economic benefit to the citizens of the state;

“(3) The shotgun is the primary weapon used for hunting waterfowl in the state; and

“(4) The shotgun was in use for hunting in the state before 1836 when Arkansas was admitted to the Union.

“(b) It is the intent of the General Assembly to recognize the important role the shotgun plays in hunting in Arkansas.”

1-4-139. Birthplace of the Bowie Knife, Arkansas Heritage Site — Legislative findings and intent.

1. The General Assembly finds that:
   1. The Bowie knife has been designated the official knife of the State of Arkansas;
   2. The Bowie knife is recognized as Arkansas's most famous blade weapon and the national American blade;
   3. Arkansas blacksmith James Black crafted an original Bowie knife in Washington, Hempstead County, Arkansas, in 1831;
   4. Washington, Arkansas, and James Black became almost immediately famous as the birthplace and creator of the Bowie knife, respectively;
   5. James Black continued to refine and improve his Bowie knife design into the world's toughest but most flexible knife from his shop in Washington, Arkansas; and
   6. Because of the Bowie knife's national reputation, Washington, Arkansas, later became the location of the world's first recognized school of bladesmithing.
2. 1. Washington, Hempstead County, Arkansas, is designated the “Birthplace of the Bowie Knife, Arkansas Heritage Site”.
   2. The designation of Washington, Hempstead County, Arkansas, as the “Birthplace of the Bowie Knife, Arkansas Heritage Site” is essential to:
      1. Celebrate, protect, and preserve the history and status of the Arkansas-created Bowie knife throughout Arkansas, the United States, and the world; and
      2. Preserve bladesmithing history and heritage, promote heritage arts and bladesmithing tourism in the area, and provide a historically accurate site designation for a heritage arts and bladesmithing enthusiast.
3. The University of Arkansas Community College at Hope-Texarkana is designated to develop and operate a school of bladesmithing located in Washington, Arkansas, to promote and protect the art of bladesmithing and the Bowie knife crafted there.
4. 1. The Arkansas Department of Transportation, in consultation with the Department of Parks, Heritage, and Tourism and the University of Arkansas Community College at Hope-Texarkana, shall design a sign that displays the words and any logo for the “Birthplace of the Bowie Knife, Arkansas Heritage Site”.
   2. The sign shall be placed on or about the location of the school of bladesmithing developed and operated in Washington, Arkansas, by the University of Arkansas Community College at Hope-Texarkana.
   3. Information regarding the proper placement of copies of the sign at additional locations to promote and direct tourism to Washington, Arkansas, shall be made available by the Arkansas Department of Transportation.
   4. The sign in appropriate scale shall be used as the symbol on the state highway map and in all tourism mediums published by the Department of Parks, Heritage, and Tourism to indicate the “Birthplace of the Bowie Knife, Arkansas Heritage Site”.
5. 1. The Division of Arkansas Heritage shall promulgate rules necessary to implement this section.
   2. 1. When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f):
         1. On or before January 1, 2020; or
         2. If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309.
      2. The division shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

History. Acts 2019, No. 818, § 1.

1-5-101. Official holidays.

1. The following days are declared to be the sole official holidays applicable to state government in Arkansas:
   1. New Year's Day — January 1;
   2. Dr. Martin Luther King Jr.'s Birthday — the third Monday in January;
   3. George Washington's Birthday and Daisy Gatson Bates Day — the third Monday in February;
   4. Memorial Day — the last Monday in May;
   5. Independence Day — July 4;
   6. Labor Day — the first Monday in September;
   7. Veterans Day — November 11;
   8. Thanksgiving Day — the fourth Thursday in November;
   9. Christmas Eve — December 24;
   10. Christmas Day — December 25; and
   11. An employee's birthday — an employee is granted one (1) holiday to observe his or her birthday.
2. A holiday falling on a Saturday will be observed on the preceding Friday. A holiday falling on a Sunday will be observed on the succeeding Monday.
3. It is the specific intent of the General Assembly that all state employees shall be entitled to eleven (11) paid holidays per year. The Office of Personnel Management shall promulgate rules and regulations to assure this legislative intent.

History. Acts 1943, No. 211, § 1; 1947, No. 215, § 1; 1955, No. 29, § 1; 1963, No. 216, § 1; 1969, No. 16, § 1; 1971, No. 370, § 1; 1973, No. 664, § 1; 1975, No. 976, §§ 1, 3, 6; 1983, No. 833, § 1; 1985, No. 985, § 1; A.S.A. 1947, §§ 69-101, 69-101.1, 69-115; Acts 2001, No. 304, § 1; 2017, No. 561, § 4.

A.C.R.C. Notes. Acts 2017, No. 561, § 6, provided: “Legislative findings — Intent.

“(a) The General Assembly finds that:

“(1) The State of Arkansas has a very proud and distinguished culture and heritage;

“(2) Robust recognition of history in the classroom is a priority; and

“(3) The state should maintain and celebrate its culture and heritage, including our state and national military leaders who are connected to Arkansas or have impacted the course of our state's history.

“(b) It is the intent of the General Assembly by the enactment of this act to maintain an awareness of and celebrate the unique cultural heritage of Arkansas by educating Arkansas youth regarding:

“(1) Historical events of state and national significance;

“(2) The contributions made to the history of this state by military and civilian leaders; and

“(3) The reasons for honoring such historical events and figures through the observance of days designated for their commemoration.”

Amendments. The 2017 amendment, in (a)(2), deleted “and Robert E. Lee's Birthday” following “Jr.'s Birthday”.

1-5-102. State offices to be closed on holidays — Exceptions.

1. All state offices shall be closed on all days declared to be legal holidays under the laws of this state, and all persons employed thereby shall not be required to work on legal holidays. However, this section shall not apply to those state government offices wherever located and to those employees that are essential to the preservation and protection of the public peace, health, and safety, nor to the offices of the various constitutional officers who may use their own discretion in the matter of closing their offices on legal holidays.
2. It is the specific intent of this section that all state offices be closed on all legal holidays even though one (1) or more legal holidays shall fall during a regular session, a fiscal session, or an extraordinary session of the General Assembly, provided that, with respect to state offices located in Pulaski County, those offices shall not be closed for any legal holiday during a regular session, a fiscal session, or an extraordinary session of the General Assembly unless they are permitted to close by resolution of the General Assembly, but those offices shall maintain only a minimum number of employees necessary to carry on the business of the offices.
3. Any state employee who is required to work on a legal holiday, for any reason, shall be entitled to equivalent time off at a later date.
4. Notwithstanding the provisions of subsection (a) of this section, state-supported institutions of higher education in this state may require the employees of the institutions to work on any of the holidays established in § 1-5-101, but if the employees are required to work on any day declared as a legal holiday, the employees shall be entitled to equivalent time off on another date.

History. Acts 1971, No. 370, §§ 2, 3; 1975, No. 976, §§ 2, 4; A.S.A. 1947, §§ 69-112, 69-113; Acts 2009, No. 962, § 2.

A.C.R.C. Notes. Section 10-2-128 provides that, for the observance of the Dr. Martin Luther King, Jr. holiday, the House of Representatives, the Senate, and their committees shall not convene in session or meet on the third Monday in January.

Amendments. The 2009 amendment, in (b), substituted “regular session, a fiscal session, or a” for “general or” and “a regular session, a fiscal session, or a” for “any general session or”.

1-5-103. State office closings by proclamation.

Nothing in §§ 1-5-101, 1-5-102, and 1-5-104 shall be construed as prohibiting the Governor from establishing by executive proclamation additional days when state offices shall be closed in observance of special events, or for other reasons at his or her discretion.

History. Acts 1975, No. 976, § 5; A.S.A. 1947, § 69-112.1.

1-5-104. Entitlement to paid holiday or equivalent time.

1. To be eligible for holiday pay, the employee must be on pay status his or her last scheduled work day before the holiday and his or her first scheduled work day after the holiday.
2. When a holiday falls while an employee is on annual or sick leave, that day is charged as a holiday and that day will not be charged against his or her annual or sick leave.
3. When a holiday falls on an employee's regular scheduled day off, he or she will be given equivalent time off.
4. The following provisions apply to employees who cannot take holidays as scheduled:
   1. Employees must work on holidays when the needs of the agency require it. Department or agency directors will determine the need;
   2. Days off for holidays worked may be taken at a time approved by the employee's supervisor. They are to be taken as soon as it is practical; and
   3. Supervisors are responsible for scheduling days off in lieu of holidays for their employees. Department heads and supervisors are responsible for informing their employees of the schedule and the observance of all provisions.

History. Acts 1975, No. 976, § 3; A.S.A. 1947, § 69-115.

1-5-105. Commercial paper payable day after holiday.

All bills of exchange, drafts, or promissory notes which shall become payable on a legal holiday shall be payable on the day next succeeding the holiday.

History. Acts 1943, No. 211, § 3; A.S.A. 1947, § 69-103.

Cross References. Banking business may be done on day following holiday, § 23-48-103.

1-5-106. Memorial days generally.

The following days shall not be legal holidays but shall be memorial days to be commemorated by the issuance of appropriate proclamations by the Governor:

1. General Douglas MacArthur Day — January 26;
2. Silas Hunt Day — February 2;
3. Abraham Lincoln's Birthday — February 12;
4. Arkansas Teachers' Day — First Tuesday in March;
5. Arbor Day — Third Monday in March;
6. Patriots' Day — April 19;
7. Arkansas Bird Day — April 26;
8. Good Friday — Friday preceding Easter;
9. Jefferson Davis' Birthday — June 3;
10. Columbus Day — October 12;
11. Senator Hattie W. Caraway Day — December 19;
12. Robert E. Lee Day — Second Saturday in October; and
13. John H. Johnson Day — November 1.

History. Acts 1943, No. 211, § 2; 1947, No. 215, § 2; 1967, No. 500, § 1; 1973, No. 7, § 1; 1975, No. 291, § 1; 1977, No. 372, § 1; 1977, No. 538, § 1; 1979, No. 385, § 1; A.S.A. 1947, §§ 69-102, 69-114, 69-116; Acts 2001, No. 1218, § 1; 2007, No. 374, § 1; 2017, No. 561, § 5; 2019, No. 1062, § 2.

A.C.R.C. Notes. Acts 2017, No. 561, § 6, provided: “Legislative findings — Intent.

“(a) The General Assembly finds that:

“(1) The State of Arkansas has a very proud and distinguished culture and heritage;

“(2) Robust recognition of history in the classroom is a priority; and

“(3) The state should maintain and celebrate its culture and heritage, including our state and national military leaders who are connected to Arkansas or have impacted the course of our state's history.

“(b) It is the intent of the General Assembly by the enactment of this act to maintain an awareness of and celebrate the unique cultural heritage of Arkansas by educating Arkansas youth regarding:

“(1) Historical events of state and national significance;

“(2) The contributions made to the history of this state by military and civilian leaders; and

“(3) The reasons for honoring such historical events and figures through the observance of days designated for their commemoration.”

Acts 2019, No. 1062, § 1, provided: “Legislative findings and intent.

“(a) The General Assembly finds that:

“(1) John H. Johnson is widely regarded as the most influential African-American publisher in United States history;

“(2) Mr. Johnson was born in Arkansas City, Arkansas, where he lived until he was in the eighth grade;

“(3) After moving to Chicago to attend high school and college, Mr. Johnson began his publishing career;

“(4) In 1945, Mr. Johnson launched Ebony which has remained a widely circulated African-American magazine in the world every year since its founding;

“(5) Mr. Johnson's publishing career expanded with the creation of Jet, the world’s largest African-American newsweekly magazine, and he later expanded his business interests to book publishing, television production, and other business enterprises;

“(6) In addition to his business and publishing careers, Mr. Johnson was highly involved in community service at both the local and the national level; and

“(7) Over the course of decades, Mr. Johnson served as a board member or trustee for numerous business, philanthropic, and cultural organizations, and received numerous awards, including the Presidential Medal of Freedom awarded in 1996 awarded by President Bill Clinton, and more than thirty honorary doctoral degrees from institutions across the country.

“(b) It is the intent of the General Assembly to recognize John H. Johnson and his achievements and contributions to the state and the nation by enacting a memorial day in his honor to be celebrated on November 1 each year.”

Amendments. The 2007 amendment added (2) and redesignated the remaining subsections accordingly.

The 2017 amendment added (12).

The 2019 amendment added (13).

1-5-107. Confederate Flag Day.

The Saturday immediately preceding Easter Sunday of each year is designated as “Confederate Flag Day” in this state.

History. Acts 1957, No. 124, § 1; 1967, No. 455, §§ 1, 2; A.S.A. 1947, §§ 69-110, 69-111; Acts 2005, No. 1994, § 490.

Amendments. The 2005 amendment deleted former (b) and (c) and made a related change.

1-5-108. White Cane Safety Day.

1. October 15 of each year is declared to be “White Cane Safety Day”.
2. The Governor shall annually prior to October 15 issue a proclamation proclaiming October 15 as “White Cane Safety Day” and in the proclamation shall:
   1. Comment upon the significance of the white cane;
   2. Call upon the citizens of the state to observe the provisions of § 20-14-301 et seq. and to take precautions necessary to the safety of the visually impaired, hearing impaired, and other persons with physical disabilities;
   3. Remind the citizens of the state of the policies of the state with respect to the visually impaired, hearing impaired, and other persons with physical disabilities, as prescribed by § 20-14-301 et seq., and urge the citizens to cooperate in carrying out those policies; and
   4. Emphasize the need for the citizens of this state to:
      1. Be aware of the presence of the visually impaired, hearing impaired, and other persons with physical disabilities in the community;
      2. Keep safe and functional for the visually impaired, hearing impaired, and other persons with physical disabilities the:
         1. Streets;
         2. Highways;
         3. Sidewalks;
         4. Walkways;
         5. Public buildings;
         6. Public facilities;
         7. Other public places;
         8. Places of public accommodation, amusement, and resort; and
         9. Other places to which the public is invited; and
      3. Offer assistance to the visually impaired, hearing impaired, and other persons with physical disabilities upon appropriate occasions.

History. Acts 1973, No. 484, § 7; 1979, No. 574, § 1; A.S.A. 1947, § 82-2907; Acts 1997, No. 208, § 2; 2001, No. 1553, § 1.

A.C.R.C. Notes. Acts 1997, No. 208, § 1, as reenacted by Acts 2017, No. 255, § 1, provided: “Legislative intent and purpose.

The General Assembly hereby acknowledges that many of the laws relating to individuals with disabilities are antiquated, functionally outmoded, derogatory, and ambiguous or are inconsistent with more recently enacted provisions of the law. Consequently, it is the intent of the General Assembly and the purpose of this act to clarify the relevant chapters of Titles 1, 6, 9, 13, 14, 16, 17, 20, 22, 23, and 27 of the Arkansas Code of 1987 Annotated.”

1-5-109. Prisoners of War Remembrance Day.

1. The ninth day of April of each year shall hereafter be known as “Prisoners of War Remembrance Day”.
2. On this day every Arkansan is encouraged to commemorate the sacrifices of those persons who suffered captivity in foreign lands while in the service of their country. Furthermore, all Arkansans are encouraged to devote some portion of Prisoners of War Remembrance Day in solemn contemplation on the plight of the men and women of this country who have been held prisoners of war.
3. The superintendent of each public school in this state shall arrange for appropriate exercises on campus to commemorate Prisoners of War Remembrance Day.

History. Acts 1989, No. 519, § 1.

1-5-110. National Garden Week.

The first full week in June is hereby established as “National Garden Week”.

History. Acts 1993, No. 351, § 1.

1-5-111. Arkansas Agriculture Recognition Day.

The first Friday in March of each year is designated as “Arkansas Agriculture Recognition Day” in this state.

History. Acts 1999, No. 13, § 1.

1-5-112. POW/MIA Recognition Day.

1. The third Friday in September shall be known as “POW/MIA Recognition Day” to honor American prisoners of war and those missing in action, all of whom have made extraordinary sacrifices on behalf of the United States of America.
2. POW/MIA Recognition Day shall not be a legal holiday, but shall be a memorial day to be commemorated by the issuance of an appropriate proclamation by the Governor.

History. Acts 1999, No. 917, § 1.

1-5-113. Native American Heritage Week.

1. The third week in September of each year shall be known in Arkansas as “Native American Heritage Week” to honor the integral role that Native Americans have played in the history of the state and the rich contributions Native Americans have made to the history of Arkansas, including the state's role as home to many of the roads and trails along the Trail of Tears.
2. The Governor shall annually, prior to the third week in September, issue a proclamation proclaiming Native American Heritage Week and in the proclamation shall:
   1. Comment on the significance that Native Americans have played in the state's history; and
   2. Call upon the citizens of the state to observe Native American Heritage Week and to commemorate Native Americans' cultural contributions to the heritage of Arkansas.

History. Acts 2001, No. 1117, § 1.

A.C.R.C. Notes. As enacted, subsection (a) began “Beginning with September 16 through 22, 2001 … .”

1-5-114. Juneteenth Independence Day.

1. The third Saturday in June shall be known as “Juneteenth Independence Day” to commemorate the end of over two hundred (200) years of slavery in the United States of America and to demonstrate racial reconciliation and healing from the legacy of slavery.
2. Juneteenth Independence Day shall not be a legal holiday but shall be a memorial day to be commemorated by the issuance of an appropriate proclamation by the Governor.

History. Acts 2005, No. 2101, § 1.

1-5-115. Firefighter Recognition Day.

1. January 27 of each year shall be known as “Firefighter Recognition Day” in order to honor the men and women who make extraordinary sacrifices on behalf of the citizens of the State of Arkansas while in the line of duty.
2. Firefighter Recognition Day shall not be a legal holiday but shall be a memorial day to be commemorated by the issuance of an appropriate proclamation by the Governor.

History. Acts 2005, No. 444, § 1.

1-5-116. Hemophilia Awareness Day.

1. The General Assembly finds that:
   1. Hemophilia is the name of several hereditary genetic illnesses that impair the body's ability to control bleeding;
   2. Hemophilia is characterized by excessive, uncontrollable bleeding caused by missing or low-level clotting factor in the blood;
   3. Hemophiliac bleeding may occur even when a sufferer has sustained no injury;
   4. Hemophiliac bleeding most often occurs in the joints and in the head;
   5. Approximately twenty thousand (20,000) citizens nationwide are suffering from hemophilia, and one (1) in each five thousand (5,000) live male births in the United States results in hemophilia;
   6. Hemophilia affects males almost exclusively, affecting one in five thousand (1 in 5,000) males;
   7. Hemophilia occurs in all demographic groups;
   8. There is no cure for hemophilia; and
   9. Hemophilia is a lifelong condition that can be controlled with regular injections of the deficient clotting factor.
2. The first Monday in May of each year shall be known in Arkansas as “Hemophilia Awareness Day”.
3. Hemophilia Awareness Day shall not be a legal holiday but shall be a memorial day to be commemorated by the issuance of an appropriate proclamation by the Governor.

History. Acts 2007, No. 203, § 1.

1-5-117. Arkansas Music Appreciation Day.

1. The General Assembly finds that Arkansas has a proud history of contributing music and musicians to the nation, including without limitation:
   1. Johnny Cash;
   2. B. B. King;
   3. Glen Campbell;
   4. Charlie Rich;
   5. Sister Rosetta Tharpe;
   6. Al Green;
   7. Conway Twitty; and
   8. Floyd Cramer.
2. September 1 of each year shall be known as “Arkansas Music Appreciation Day” to honor the contributions of Arkansas musicians.
3. 1. Arkansas Music Appreciation Day is not a legal holiday but is a memorial day.
   2. The Governor may issue the appropriate proclamation to commemorate Arkansas Music Appreciation Day each year.
4. Each year before September 1, the Governor shall issue a proclamation proclaiming September 1 as Arkansas Music Appreciation Day and in the proclamation shall:
   1. Comment on the significance of the contributions that Arkansas musicians have made to the nation's music; and
   2. Call upon the citizens of the state to observe Arkansas Music Appreciation Day.

History. Acts 2019, No. 546, § 1.

1-5-118. National Day of the Cowboy.

1. The General Assembly finds that:
   1. Pioneering men and women helped build the nation with their ranches and farms, and livestock and agriculture play a vital role in the economic well-being of Arkansas communities;
   2. The quintessential cowboy and cowgirl play a significant role in American culture, and embody integrity, respect, a strong work ethic, and patriotism, known as the “cowboy code”;
   3. The vaquero spirit of competition among ranch cowboys and cowgirls is reflected in rodeo events throughout the state that contribute to tourism and the economy;
   4. Many statewide organizations recognize and encourage young cowboys and cowgirls to be excellent stewards of the land and to preserve this foundation of American heritage;
   5. Arkansas is the birthplace of cowboy book and film icons, including:
      1. Charles Portis, who was born in El Dorado, educated at the University of Arkansas at Fayetteville, and authored the cowboy novel “True Grit”;
      2. Maxwell Henry Aronson, who was born in Little Rock, became the actor “Bronco Billy” Anderson, and was the first cowboy superstar, starring in over three hundred (300) movies and paving the way for other famous cowboy actors; and
      3. Betty Jeanne Grayson, who was also born in Little Rock, became actress Gail Davis, and inspired young cowgirls as “Annie Oakley” in the 1950s television series of the same name; and
   6. Many states have declared an annual day to commemorate cowboys.
2. The fourth Saturday in July shall be known as “National Day of the Cowboy” to commemorate America's cowboy heritage.
3. National Day of the Cowboy is not a legal holiday but is a memorial day to be commemorated by the issuance of an appropriate proclamation by the Governor.

History. Acts 2019, No. 601, § 1.

1-5-119. Sultana Disaster Remembrance Day.

1. The General Assembly finds that:
   1. The steamboat Sultana was launched from the John Litherbury Shipyard in Cincinnati, Ohio, in February 1863 as one of the largest and best business steamers ever constructed;
   2. Its capacity of three hundred seventy-six (376) passengers and crew members attracted the United States Army to commandeer it for use as a supply and soldier transport vessel during the Civil War;
   3. The United States Army chartered the Sultana at Vicksburg, Mississippi, to transport over two thousand three hundred (2,300) passengers, including over two thousand (2,000) recently released Union prisoners of war from the Andersonville and Cahaba prisons in the South back home to the North;
   4. On April 26, 1865, the Sultana stopped at Helena, Arkansas, the location at which photographer Thomas W. Bankes took the only photograph in existence of the grossly overcrowded vessel and its doomed passengers;
   5. 1. At 2:00 a.m. on April 27, 1865, the Sultana's boiler system erupted in a massive explosion just seven (7) miles north of Memphis, Tennessee, causing a conflagration of fire and flying shrapnel and the venting of deadly steam that resulted in over two thousand (2,000) casualties, of which more than one thousand two hundred (1,200) died from the explosion itself.
      2. Nearly seven hundred (700) more individuals were dragged to safety over several hours and taken to five (5) Memphis hospitals, with many perishing later from injuries, burns, and exposure to the frigid Mississippi River floodwaters;
   6. Several Crittenden County, Arkansas, citizens were officially credited with saving dozens of lives that night by wading into the flooded Mississippi River to retrieve victims of the tragedy as they floated downriver;
   7. The event was made all the more tragic by evidence of greed, corruption, malfeasance in office, and dereliction of officer duty, as noted by a following United States Army investigation into the disaster;
   8. The event occurred in the Mound City, Arkansas, and Marion, Arkansas, areas of the Mississippi River, places where the remains of the Sultana and its lost souls still rest today and where Arkansas citizens were the saviors of many survivors that night;
   9. The United States House of Representatives passed a resolution in 2009 acknowledging the explosion of the SS Sultana as the greatest maritime disaster in United States history; and
   10. The lives and service of all the soldiers, passengers, and local citizens involved in the tragedy are currently honored and recognized with a temporary exhibit of Sultana artifacts in Marion, Arkansas, with plans for a permanent Sultana Disaster Museum by 2020 in Marion, Arkansas.
2. April 27 each year shall be known as “Sultana Disaster Remembrance Day” to commemorate Arkansas's role in the greatest maritime disaster in United States history.
3. Sultana Disaster Remembrance Day is not a legal holiday but is a memorial day to be commemorated by the issuance of an appropriate proclamation by the Governor.

History. Acts 2019, No. 791, § 1.