Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 93rd General Assembly A Bill
3 Regular Session, 2021 HOUSE BILL 1192
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5 By: Representative M. Gray
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7 For An Act To Be Entitled
8 AN ACT TO AMEND THE DIVISION OF WORKFORCE SERVICES
9 LAW; TO AMEND AN EXCLUSION FROM THE DEFINITION OF
10 "EMPLOYMENT" WITHIN THE DIVISION OF WORKFORCE
11 SERVICES LAW; AND FOR OTHER PURPOSES.
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14 Subtitle
15 TO AMEND THE DIVISION OF WORKFORCE
16 SERVICES LAW; AND TO AMEND AN EXCLUSION
17 FROM THE DEFINITION OF "EMPLOYMENT"
18 WITHIN THE DIVISION OF WORKFORCE SERVICES
19 LAW.
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22 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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24 SECTION 1. Arkansas Code 11-10-210(f)(21), concerning exclusions
25 from the definition of "employment" in the Division of Workforce Services
26 Law, is repealed.
27 (21)(A) Services performed as personal care services for a
28 certified home- and community-based health services provider licensed under
29 20-10-2301 et seq., unless the provider is a state or local government entity
30 or federally recognized Indian tribe as described in 26 U.S.C 3306(c)(7) or
31 a nonprofit organization as described in 26 U.S.C 3309(a)(1).
32 (B) Subdivision (f)(21)(A) of this section is retroactive
33 to January 1, 2010;
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35 SECTION 2. DO NOT CODIFY. Legislative intent.
36 The General Assembly intends that, on and after the effective date of
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 HB1192
1 this act, personal care services performed by an individual for a home- and
2 community-based service provider are no longer excluded from the definition
3 of employment and that an individual performing personal care services for a
4 home- and community-based service provider is an employee of the home- and
5 community-based service provider and not an independent contractor.
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Statutes affected:
HB 1192: 11-10-210(f)