Ark. Code Ann. § 11-10-322 (2026)
Employment Security Administration Fund — Reimbursement of the fund
- If any money in the Employment Security Administration Fund, paid to this state under Title III of the Social Security Act or the Wagner-Peyser Act, is found by the United States Secretary of Labor, because of any action or contingency, to have been lost or to have been expended for purposes other than, or in amounts in excess of, those found necessary by the United States Secretary of Labor for the proper administration of the employment security program, it is the policy of this state that the money shall be replaced by money appropriated for that purpose by the state to the fund for expenditure as provided in this chapter.
- Upon receipt of such a finding by the United States Secretary of Labor, the Director of the Division of Workforce Services shall promptly report the amount required for the replacement to the Governor, and the Governor shall, at the earliest opportunity, submit to the General Assembly a request for the appropriation of that amount.
History. Acts 1941, No. 391, § 13; 1953, No. 325, § 1; 1959, No. 142, § 2; 1985, No. 8, § 24; 1985, No. 9, § 24; A.S.A. 1947, § 81-1116; Acts 1991, No. 100, § 23; 2019, No. 910, § 228.
Amendments. The 2019 amendment substituted “Director of the Division of Workforce Services” for “Director of the Department of Workforce Services” in (b).
U.S. Code. Title III of the Social Security Act referred to in this section is codified as 42 U.S.C. § 501 et seq. The Wagner-Peyser Act is codified as 29 U.S.C. § 49 et seq.
11-10-323, 11-10-324. [Repealed.]
Publisher's Notes. These sections, concerning compliance with other laws, and agreements authorized, were repealed by Acts 2011, No. 115, § 1. They were derived from the following sources:
11-10-323. Acts 1975 (Extended Sess., 1976), No. 1205, § 3; A.S.A. 1947, § 81-1010.3.
11-10-324. Acts 1975 (Extended Sess., 1976), No. 1205, §§ 1, 2; A.S.A. 1947, §§ 81-1010.1, 81-1010.2; reen. Acts 1987, No. 1003, §§ 1, 2; 2007, No. 186, § 2.
Subchapter 4 — Employer Coverage
Effective Dates. Acts 1971, No. 35, § 25: approved Feb. 3, 1971. Emergency clause provided: “It is determined by the General Assembly of the State of Arkansas that an unemployment crisis exists in this State and in order to give better protection to the unemployed and their families extended benefits of the unemployment insurance program should be made available and to alleviate as much as possible the suffering and distress caused by unemployment, it is necessary to work in cooperation with the federal government; and in order to receive the benefits of federal law and comply with the mandate of the United States Congress as provided in United States Public Law 91-373, an emergency is hereby declared and this Act being necessary for the immediate preservation of the public peace, health and safety, this Act shall take effect and be in force from and after its passage.”
Acts 1977, No. 376, § 21: approved Mar. 8, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that in order to receive the benefits of Federal law and to comply with the mandate of the United States Congress as provided in United States Public Law 94-566 and in order to give better protection to the unemployed workers and their families, an emergency is hereby declared and this Act being necessary for the immediate preservation of the public peace, health, and safety, this Act shall take effect and be in force from and after its passage.”
Acts 1991, No. 100, § 58: July 1, 1991. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of this act should become effective at the beginning of the next fiscal year; that the next fiscal year begins on July 1, 1991 and this act may not go into effect until after July 1, 1991 unless an emergency is declared. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1991.”
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.
Research References
Am. Jur. 76 Am. Jur. 2d, Unemp. Comp., § 31.
C.J.S. 81 C.J.S., Soc. Sec., etc., § 172 et seq.
U. Ark. Little Rock L.J.
Johnson, Survey of Arkansas Law: Labor Law, 2 U. Ark. Little Rock L.J. 259.