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Arkansas General Assembly· SB 560Notification that SB560 is now Act 740

An act TO DECREASE THE BASE CONTRIBUTION RATE, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas        As Engrossed: S4/1/25
2 95th General Assembly
                                A Bill

3 Regular Session, 2025                                             SENATE BILL 560

4

5 By: Senator J. English

6 By: Representative Tosh

7

8                          For An Act To Be Entitled

9   AN ACT TO DECREASE THE BASE CONTRIBUTION RATE; TO

10  INCREASE THE ADMINISTRATIVE ASSESSMENT RATE; TO

11  INCREASE FUNDING FOR THE SKILLED WORKFORCE IN THIS

12  STATE; TO AMEND THE DIVISION OF WORKFORCE SERVICES

13  TRAINING TRUST FUND; AND FOR OTHER PURPOSES.

14

15

16                         Subtitle

17                        TO DECREASE THE BASE CONTRIBUTION RATE;

18                        TO INCREASE THE ADMINISTRATIVE

19                        ASSESSMENT RATE; TO INCREASE FUNDING FOR

20                        THE SKILLED WORKFORCE IN THIS STATE; AND

21                        TO AMEND THE DIVISION OF WORKFORCE

22                        SERVICES TRAINING TRUST FUND.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

25

26  SECTION 1. Arkansas Code � 11-10-704(c), concerning contribution rates

27 of each employer, is amended to read as follows:

28  (c)(1) The director shall determine the contribution rates of each

29 employer according to the requirements of this section and � 11-10-705.

30  (2)(A) For any calendar year beginning on or after January 1,

31 2024, each employer's rate shall be one and nine-tenths percent (1.9%) except

32 as otherwise provided in this subchapter.

33                         (B)(i)(a) An employer's rate shall not be less than one

34 and nine-tenths percent (1.9%) unless and until there have been three (3)

35 years immediately preceding the computation date throughout which an

36 individual in the employer's employ could have received benefits, if

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    As Engrossed: S4/1/25                                                    SB560

1 eligible.

2                          (b) Provided, however, an employer who, at the

3 time of establishing an account, is in business in another state or states

4 and who is not currently doing business in Arkansas may elect to receive a

5 beginning contribution rate of one and nine-tenths percent (1.9%) or a

6 contribution rate based on the rate schedule in � 11-10-705(b)(1), whichever

7 is lower, but in no event less than one percent (1%), provided:

8                          (1) The employer has been in operation

9 in the other state or states for at least three (3) years immediately

10 preceding the date of becoming a liable employer in Arkansas, throughout

11 which an individual in the employer's employ could have received benefits, if

12 eligible;

13                         (2) The employer must provide the

14 authenticated account history from information accumulated from operations in

15 the other state or states to compute a current Arkansas rate; and

16                         (3) The employer's business operations

17 established in Arkansas are of the same nature as conducted in the other

18 state or states, as defined by the North American Industry Classification

19 System.

20                         (ii)(a) The election authorized in subdivision

21 (c)(2)(B)(i) of this section must be made in writing within thirty (30) days

22 after receiving notice of Arkansas liability.

23                         (b) A one-and-nine-tenths-percent rate

24 will be assigned unless a timely election has been made.

25                         (iii)(a) If the election is timely made, the

26 employer's account will receive the rate elected for the remainder of that

27 rate year.

28                         (b) The rate assigned for the next and

29 subsequent years will be determined by the condition of the account on the

30 computation date.

31                    (C) However, any employer having no covered employment

32 under this chapter for any calendar year shall have a rate equal to his or

33 her most recently determined contribution rate until the employer has one (1)

34 full year of benefit risk experience immediately preceding the computation

35 date.

36             (3)(A) For any calendar year beginning on or after January 1,

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    As Engrossed: S4/1/25                                                    SB560

1 2026, each employer's rate shall be one and eighth-tenths percent (1.8%)

2 except as otherwise provided in this subchapter.

3                     (B)(i)(a) An employer's rate shall not be less than one

4 and eighth-tenths percent (1.8%) unless and until there have been three (3)

5 years immediately preceding the computation date throughout which an

6 individual in the employer's employ could have received benefits, if

7 eligible.

8                          (b) Provided, however, an employer who, at the

9 time of establishing an account, is in business in another state or states

10 and who is not currently doing business in Arkansas may elect to receive a

11 beginning contribution rate of one and eighth-tenths percent (1.8%) or a

12 contribution rate based on the rate schedule in � 11-10-705(b)(1), whichever

13 is lower, but in no event less than one percent (1%), provided:

14                         (1) The employer has been in operation

15 in the other state or states for at least three (3) years immediately

16 preceding the date of becoming a liable employer in Arkansas, throughout

17 which an individual in the employer's employ could have received benefits, if

18 eligible;

19                         (2) The employer must provide the

20 authenticated account history from information accumulated from operations in

21 the other state or states to compute a current Arkansas rate; and

22                         (3) The employer's business operations

23 established in Arkansas are of the same nature as conducted in the other

24 state or states, as defined by the North American Industry Classification

25 System.

26                         (ii)(a) The election authorized in subdivision

27 (c)(3)(B)(i) of this section must be made in writing within thirty (30) days

28 after receiving notice of Arkansas liability.

29                         (b) A one-and-eighth-tenths-percent (1.8%)

30 rate will be assigned unless a timely election has been made.

31                         (iii)(a) If the election is timely made, the

32 employer's account will receive the rate elected for the remainder of that

33 rate year.

34                         (b) The rate assigned for the next and

35 subsequent years will be determined by the condition of the account on the

36 computation date.

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    As Engrossed: S4/1/25                                                    SB560

1               (C) However, an employer having no covered employment

2 under this chapter for any calendar year shall have a rate equal to his or

3 her most recently determined contribution rate until the employer has one (1)

4 full year of benefit risk experience immediately preceding the computation

5 date.

6               (4)(A) Notwithstanding any other provisions of �� 11-10-701 --

7 11-10-715, if the director determines that an employer has willfully

8 submitted false information that is material with respect to the employment

9 or separation from employment of any claimant, employee, or former employee,

10 for the purpose of preventing regular benefit charges to the employer's

11 account, the employer shall be assessed a penalty equivalent to twice the

12 amount of the claimant's maximum potential benefit amount.

13              (B) This penalty shall be charged against the employer's

14 account for experience rating purposes, regardless of whether or not the

15 employer is a base-period employer and irrespective of the identity or number

16 of the base-period employer.

17              (4)(5) An employer who changes from reimbursement to the

18 contributory method of financing shall be considered a new or newly covered

19 employer and can be entitled to an experience rate only when the new or newly

20 covered employer has met the requirements of this subsection.

21              (5)(6) Each employer's rate beginning January 1 for each twelve-

22 month period shall be determined on the basis of the employer's record

23 through June 30 of the previous calendar year.

24

25       SECTION 2. Arkansas Code � 11-10-705(b)(1)(B), concerning the reserve

26 ratio schedule table under the Workers' Compensation Law, is amended to read

27 as follows:

28              (B) The reserve ratio in the following schedule is

29 determined by dividing the difference in contributions paid and regular

30 benefits charged by the annual taxable payroll:

31 CONTRIBUTION RESERVE RATIO

32 RATE

33 0.1%(0.0%)   9.95% or more

34 0.3%(0.2%)   9.35% but less than 9.95%

35 0.5%(0.4%)   8.85% but less than 9.35%

36 0.8%(0.7%)   8.65% but less than 8.85%

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    As Engrossed: S4/1/25                                                    SB560

1 1.2%(1.1%)    8.35% but less than 8.65%

2 1.6%(1.5%)    7.95% but less than 8.35%

3 2.0%(1.9%)    7.35% but less than 7.95%

4 2.4%(2.3%)    6.75% but less than 7.35%

5 2.8%(2.7%)    5.45% but less than 6.75%

6 3.2%(3.1%)    2.45% but less than 5.45%

7 4.0%(3.9%)    1.35% but less than 2.45%

8 5.0%(4.9%)    Less than 1.35% with a positive

9               reserve balance

10 6.0%(5.9%)   Less than 0.00%

11

12  SECTION 3. Arkansas Code � 11-10-706 is amended to read as follows:

13  11-10-706. Future rates -- Administrative assessment.

14  (a)(1) Effective July 1, 2023, each employer shall be required to pay

15 an administrative assessment on wages paid by the employer with respect to

16 employment.

17              (2) This administrative assessment shall not be credited to the

18 separate account of each employer.

19  (b)(1) For the period July 1, 2023, through June 30, 2024, the

20 administrative assessment shall be twelve and one-half hundredths of one

21 percent (0.125%).

22              (2) For the period beginning on and after July 1, 2024, the

23 administrative assessment shall be one-tenth of one percent (0.1%).

24              (3) For the period beginning on and after January 1, 2026, the

25 administrative assessment shall be two-tenths of one percent (0.2%).

26  (c)(1) Each fiscal year, sixty percent (60%) of the proceeds of the

27 administrative assessment, up to six million dollars ($6,000,000), shall be

28 deposited and credited to the Division of Workforce Services Unemployment

29 Insurance Administration Fund, there to be used for personal services and

30 operating expenses of the unemployment insurance program necessary for the

31 proper administration of the Division of Workforce Services Law, � 11-10-101

32 et seq., as determined by the Director of the Division of Workforce Services.

33              (2)(A) After collection of the proceeds of the administrative

34 assessment specified in subdivision (c)(1) of this section, only for the

35 period from July 1, 2023, through June 30, 2024, the remaining proceeds, if

36 any, of the administrative assessment shall be deposited and credited to the

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    As Engrossed: S4/1/25                                                    SB560

1 Division of Workforce Services Unemployment Insurance Administration Fund,

2 there to be used solely for the purpose of modernizing information technology

3 systems and hardware utilized in the administration of the unemployment

4 insurance program.

5            (B) The maximum amount to be deposited and credited under

6 subdivision (c)(2)(A) of this section shall not exceed the difference between

7 thirty-five million dollars ($35,000,000) and the amounts deposited and

8 credited in previous state fiscal years to the Division of Workforce Services

9 Unemployment Insurance Administration Fund for the purpose of modernizing

10 information technology systems and hardware utilized in the administration of

11 the unemployment insurance program.

12           (3)(2) Each fiscal year, after collection of the proceeds of the

13 administrative assessment specified in subdivisions (c)(1) and (2)

14 subdivision (c)(1) of this section, the remaining proceeds, if any, of the

15 administrative assessment in an amount up to two million five hundred

16 thousand dollars ($2,500,000) shall be deposited and credited to the Division

17 of Workforce Services Training Trust Fund, there to be used for personal

18 services, operating expenses, construction, grants, and worker training.

19           (4) Each fiscal year, after collection of the proceeds of the

20 administrative assessment specified under subdivisions (c)(1)-(3) of this

21 section, the remaining proceeds, if any, of the administrative assessment

22 shall be deposited and credited to the Unemployment Compensation Fund.

23           (5)(3) The director shall report to the Legislative Council on a

24 quarterly basis as to any uses of the Division of Workforce Services Training

25 Trust Fund and the Division of Workforce Services Unemployment Insurance

26 Administration Fund.

27

28  SECTION 4. Arkansas Code � 19-5-1131(b)(2), concerning the uses of the

29 Division of Workforce Services Training Trust Fund, is amended to read as

30 follows:

31           (2) The fund shall be used for personal services, operating

32 expenses, construction, grants, and worker training under rules promulgated

33 by the Director of the Division of Workforce Services.

34

35                         /s/J. English

36

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