Ark. Code Ann. § 21-5-204 (2020)

1. Except as provided in subsection (b) of this section, this subchapter does not apply to:
   1. The employees of:
      1. Elected constitutional officers of this state;
      2. The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; and
      3. Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;
   2. The Arkansas Department of Transportation;
   3. Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the federal government;
   4. The Arkansas State Game and Fish Commission; and
   5. State-supported institutions of higher education.
2. 1. An employee described in subsection (a) of this section may receive:
      1. A salary increase or a line item maximum increase under § 21-5-211; and
      2. A merit pay increase under § 21-5-1101.
   2. Section 21-5-214 does not apply to the salary increase authorized by subdivision (b)(1)(A) of this section.

History. Acts 1969, No. 199, § 3; 1979, No. 828, § 1; 1981, No. 198, § 1; 1981, No. 650, § 1; A.S.A. 1947, § 12-3203; Acts 1989, No. 793, § 3; 2015, No. 1007, § 1; 2017, No. 365, § 9; 2017, No. 707, § 72.

Amendments. The 2015 amendment, in (a), substituted “Except as provided in subsection (c) of this section” for “The provisions of,” substituted “does not” for “shall not,” and deleted “the following agencies” following “apply to”; inserted “employees of” in (a)(1); inserted the (a)(1)(A) designation and deleted “and their employees” at the end; redesignated former (a)(2) and (3) as (a)(1)(B) and (C); deleted “and its employees” following “General Assembly” in (a)(1)(B); deleted “and employees” following “members” in (a)(1)(C); redesignated (a)(4) and (5) as (a)(2) and (3); and added (c).

The 2017 amendment by No. 365 substituted “subsection (b)” for “subsection (c)” in the introductory language of (a); added (a)(4) and (a)(5); deleted former (b); redesignated former (c)(1) and (2) as (b)(1) and (2); deleted “or subsection (b)” following “subsection (a)” in (b)(1); substituted “or a line item maximum increase” for “a line item maximum increase, or a cost-of-living adjustment” in (b)(1)(A); and, in (b)(2), deleted “line item maximum increase, or cost-of-living adjustment” following “increase” and substituted “(b)(1)(A)” for “(c)(1)(A)”.

The 2017 amendment by No. 707 substituted “Department of Transportation” for “State Highway and Transportation Department” in (a)(2).