Arkansas Code Annotated

Ark. Code Ann. § 19-4-1601 (2026)

Regular Salary Procedures and Restrictions Act

✓ current as of May 2026
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  1. This section and § 21-5-101 shall be known as and may be cited as the “Regular Salary Procedures and Restrictions Act”.
  2. Arkansas Constitution, Article 16, § 4, provides: “Except as provided in Arkansas Constitution, Article 19, § 31, the General Assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employee, or other person, or at any rate other than par value; and the number and salaries of the clerks and employees of the different departments of the State shall be fixed by law.” Therefore, the following provisions shall be applicable to all authorized regular salary positions in appropriation acts unless specific exception is made otherwise by law:
    1. For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., are to be applicable, it is declared to be the intent of the General Assembly that the Uniform Classification and Compensation Act, § 21-5-201 et seq., shall govern with respect to:
      1. The entrance pay level;
      2. The procedures by which salary increases may be granted; and
      3. The maximum pay level that may be paid for the grade assigned each employee under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq.;
    2. For any position authorized by the General Assembly for the benefit of any department, agency, board, commission, institution, or program for which a maximum pay level is set out in dollars, it is the intent of the General Assembly that the position is to be paid at a rate of pay not to exceed the maximum established for the position during any one (1) fiscal year and that the maximum pay level authorized is for full-time employment;
      1. For all positions authorized by the General Assembly for any department, agency, board, commission, institution, or program, it is the intent of the General Assembly that in determining the annual salaries of these employees, the administrative head of the department, agency, board, commission, institution, or program shall take into consideration ability of the employee and length of service.
      2. It is not the intent of the General Assembly that the maximum pay level as authorized in the appropriation act, or any increases established for the various grades under the provisions of the Uniform Classification and Compensation Act, § 21-5-201 et seq., be paid unless the qualifications are complied with and then only within the limitations of the appropriations and funds available for this purpose.
      3. An employee authorized by the General Assembly shall not receive from appropriated or cash funds, either from state, federal, or other sources, compensation in an amount greater than that established by the General Assembly as the maximum pay level for the employee unless specific provisions are made therefor by law; and
    3. An employee of the State of Arkansas shall not be paid any additional cash allowances, including without limitation uniform allowance, clothing allowance, motor vehicle depreciation or replacement allowance, fixed transportation allowance, and meals and lodging allowance, other than for reimbursement for costs actually incurred by the employee unless the allowances are specifically set out by law as to eligibility of employees to receive the allowances, and the maximum amount of the allowances is established by law for each employee or for each class of employee eligible to receive the allowances.

History. Acts 1973, No. 876, § 23; A.S.A. 1947, § 13-349; Acts 2017, No. 365, § 3; 2019, No. 388, § 2.

Amendments. The 2017 amendment substituted “pay level” for “annual salary” and “annual salaries” throughout (b); substituted “pay level” for “salary step” in (b)(1)(A); substituted “The procedures by which salary” for “The frequency with which step” in (b)(1)(B); and substituted “step increases” for “any increases” in (b)(3)(B).

The 2019 amendment inserted “and § 21-5-101” in (a); in the introductory language of (b), substituted “Except as provided in Arkansas Constitution, Article 19, § 31” for “that”, substituted “State, and” for “state, that”, and deleted “that” preceding “the number”; in (b)(1), (b)(2), and twice in (b)(3)(A), inserted “department” and inserted “board, commission, institution”; substituted “the Uniform Classification and Compensation Act, § 21-5-201 et seq.” for “these statutes” in (b)(1)(C); added “and that the maximum pay level authorized is for full-time employment” in (b)(2); in (b)(3)(C) and (b)(4), substituted “An” for “No”, and inserted “not”; and, in (b)(4), substituted “without limitation” for “but not limited to”, substituted “the allowances” for “allowance” following “receive”, and substituted “is established” for “are established”; and made stylistic changes.

Cross References. State Health Department employees, reimbursement for automobile insurance, § 21-5-102.

Research References

Ark. L. Rev.

Ross E. Simpson, Case Note: “The Previous Pay is Under Further Review”: Payment Problems Arising from O'Bannon v. NCAA, 68 Ark. L. Rev. 1117 (2016).

Case Notes

In General.

Neither full-time or part-time state-salaried public defenders are eligible for additional compensation by the court for work done on appeal. Boston v. State, 341 Ark. 370, 16 S.W.3d 239 (2000) (decided under prior law).

Compensation of Public Defender.

The Regular Salary Procedures and Restrictions Act prohibits the public defender from receiving compensation from the State in an amount greater than that established by the General Assembly as the maximum annual salary for the state-salaried public defender. Rushing v. State, 340 Ark. 84, 8 S.W.3d 489 (2000) (decided under prior law), superseded by statute as stated in, Williams v. State, 347 Ark. 233, 60 S.W.3d 485 (2001), superseded by statute as stated in, Mills v. State, 347 Ark. 695, 66 S.W.3d 643 (2002), superseded by statute as stated in, Newman v. State, 350 Ark. 53, 84 S.W.3d 43 (2002).

Notes of Decisions
Cited in 5 cases, 2000–2002 · leading case: Rushing v. State, 8 S.W.3d 489 (Ark. 2000).
Rushing v. State, 8 S.W.3d 489 (Ark. 2000). · cites it 2× “See Act 1379 of 1999, § 1; Ark. Code Ann. §§ 19-4-1601 — 1615. As applied to a state-salaried public defender, this Act, in essence, prohibits the public defender from receiving compensation from the State in an amount greater than that established by the General Assembly as the…”
Hammon v. State, 65 S.W.3d 853 (Ark. 2002). · cites it 2× “See Act 1379 of 1999, § 1; Ark. Code Ann. §§ 19-4-1601 — 1615 (Repl.”
Boston v. State, 16 S.W.3d 239 (Ark. 2000). · cites it 7× “For that reason, both full-time and part-time public defenders are subject to the restrictions of the Regular Salary Procedures and Restrictions Act, codified at Ark. Code Ann. § 19-4-1601 et seq. It is this restriction which causes us to deny counsels’ motions for attorneys’…”
Jordan v. State, 13 S.W.3d 221 (Ark. Ct. App. 2000). · cites it 2× “Ligón would violate the Regular Salary Procedures and Restrictions Act, Act 1379 of 1999, § 1; Ark. Code Ann. §§ 19-4-1601 — 1615, and, under these circumstances, I would award a fee.”
Emery v. State, 15 S.W.3d 672 (Ark. 2000). · cites it 2× “See also, Ark. Code Ann. §§ 19-4-1601 — 1615. On February 22, 2000, Mr.”
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