Arkansas SB 278: TO REPEAL THE STATUTES CONCERNING THE OCCUPATIONAL AUTHORIZATION AND LICENSURE OF CERTAIN EMPLOYMENT OFFICES AND AGENCIES; AND TO REPEAL THE ARKANSAS PRIVATE EMPLOYMENT AGENCY ACT OF 1975.

Bill Text

Stricken language would be deleted from and underlined language would be added to present law.
Act 438 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 278 3
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By: Senator J. English 5
By: Representative S. Meeks 6
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For An Act To Be Entitled 8
AN ACT TO REPEAL THE STATUTES CONCERNING THE 9
OCCUPATIONAL AUTHORIZATION AND LICENSURE OF PRIVATE 10
EMPLOYMENT AGENCIES, EMPLOYMENT COUNSELORS, AND 11
EMPLOYMENT AGENCY MANAGERS; TO REPEAL THE ARKANSAS 12
PRIVATE EMPLOYMENT AGENCY ACT OF 1975; AND FOR OTHER 13
PURPOSES. 14
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Subtitle 17
TO REPEAL THE STATUTES CONCERNING THE 18
OCCUPATIONAL AUTHORIZATION AND LICENSURE 19
OF CERTAIN EMPLOYMENT OFFICES AND 20
AGENCIES; AND TO REPEAL THE ARKANSAS 21
PRIVATE EMPLOYMENT AGENCY ACT OF 1975. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code Title 11, Chapter 11, is repealed. 26
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CHAPTER 11 — EMPLOYMENT OFFICES AND AGENCIES 28
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Subchapter 1 — General Provisions 30
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11-11-101. Recruitment of labor by foreign labor agents. 32
(a) No foreign labor agent, labor bureau or employment agency, or any 33
other person shall enter this state and attempt to hire, induce, or take from 34
this state any labor, singularly or in groups, for any purpose, whether or 35
not a fee or charge is extracted from the worker, without first applying to 36

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the Director of the Division of Labor for a license to do so and filing with 1
the director: 2
(1) A statement as to where the labor is to be taken, for what 3
purpose, for what length of time, and whether transportation is to be paid to 4
and from the destination, if temporary; 5
(2) A statement of the financial standing of the employer 6
desiring the labor; 7
(3) An affidavit of authority to represent the employer in this 8
state; and 9
(4) Whatever other information the director may require. 10
(b)(1) The director shall determine whether the person desiring the 11
labor from this state is a labor agent, labor bureau, or employment agency 12
and, if so, whether the applicant is qualified to be licensed under the laws 13
of this state and according to the provisions of this section. 14
(2) The director, after the investigation, may refuse to license 15
or register the applicant until the applicant has complied with the 16
provisions of this section. 17
(3) The applicant shall, in the event of unfavorable action by 18
the director, have the right of appeal to the proper court. 19
(c) This section is cumulative to all existing laws affecting the 20
hiring or employment of labor. 21
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Subchapter 2 — Private Employment Agencies 23
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11-11-201. Title. 25
This subchapter may be cited as the “Arkansas Private Employment Agency 26
Act of 1975”. 27
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11-11-202. Definitions. 29
As used in this subchapter, unless the context otherwise requires: 30
(1) “Agency manager” means the individual designated by the 31
employment agency to conduct the general management, administration, and 32
operation of a designated employment agency office. Every employment agency 33
must maintain a licensed agency manager at each of its separate office 34
locations; 35
(2) “Applicant” except when used to describe an applicant for an 36

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employment agency or agency manager's or counselor's license means any 1
person, whether employed or unemployed, seeking or entering into an 2
arrangement for employment or change of employment through the medium or 3
service of an employment agency; 4
(5) “Employee” means a person performing or seeking to perform 5
work or service of any kind or character for compensation; 6
(6) “Employer” means a person employing or seeking to employ a 7
person for compensation; 8
(7)(A) “Employment agent” or “employment agency” means any 9
person engaged for hire, compensation, gain, or profit in the business of 10
furnishing persons seeking employment with information or other service 11
enabling the persons to procure employment by or through employers or 12
furnishing any other person who may be seeking to employ or may be in the 13
market for help of any kind with information enabling the other person to 14
procure help. 15
(B) However, “employment agent” or “employment agency” 16
does not mean: 17
(i) Any person who prepares resumes for individuals 18
for employment purposes if the person who prepares the resumes does not refer 19
or purport to refer prospective employees to employers or employers to 20
prospective employees, does not represent himself or herself as an employment 21
agency, or does not have any financial connection with any employment agency; 22
(ii) Any person who employs individuals to render 23
part-time or temporary services to, for, or under the direction of a third 24
person if the person employing the individuals, in addition to paying wages 25
or salaries, pays federal Social Security taxes and stat