Ark. Code Ann. § 15-22-1112 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1112
Interest rates on loans
Status: in_force

(a) The loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account shall bear interest at rates of interest, including without limitation negative rates of interest, established by the Arkansas Natural Resources Commission. (b) However, the commission may establish negative rates of interest only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of these. (c) Notwithstanding any other provision of law, loans, bonds, notes, and other evidences of indebtedness issued by owners may bear interest at a negative rate if they are purchased with moneys in the Drinking Water State Revolving Loan Fund Account. Acts 2009, No. 457, § 13.

(a) The loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account shall bear interest at rates of interest, including without limitation negative rates of interest, established by the Arkansas Natural Resources Commission.

(b) However, the commission may establish negative rates of interest only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of these.

(c) Notwithstanding any other provision of law, loans, bonds, notes, and other evidences of indebtedness issued by owners may bear interest at a negative rate if they are purchased with moneys in the Drinking Water State Revolving Loan Fund Account.

Acts 2009, No. 457, § 13.
Ark. Code Ann. § 15-56-202 — AR Code / Title 15 / Chapter 56 / Subchapter 2 / Section 15-56-202
Recording fees
Status: in_force

(a) The fees for recording mining location notices shall be one dollar ($1.00) for notice, to be paid in United States currency, one-half (1/2) of which shall go into the county treasury to the credit of the record fund. (b) The fees for recording all other mining notices shall be the same as allowed by law for recording deeds. Acts 1895, No. 88, § 2, p. 116; C. & M. Dig., § 7327; Pope's Dig., § 9383; A.S.A. 1947, § 52-102.

(a) The fees for recording mining location notices shall be one dollar ($1.00) for notice, to be paid in United States currency, one-half (1/2) of which shall go into the county treasury to the credit of the record fund.

(b) The fees for recording all other mining notices shall be the same as allowed by law for recording deeds.

Acts 1895, No. 88, § 2, p. 116; C. & M. Dig., § 7327; Pope's Dig., § 9383; A.S.A. 1947, § 52-102.
Ark. Code Ann. § 15-57-311 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-311
Application for permit - Fee - Bond
Status: in_force

(a) Any person desiring to engage in open-cut mining shall make written application to the Division of Environmental Quality for a permit. The application shall be made upon a form furnished by the division. (b) The applicant shall fully state the information required on the form and provide a legal description of the area of land to be permitted and proof that the applicant has the right to mine the area. (c) The perimeter of the area to be permitted must be clearly marked on the ground at all times until such time as the permitted area is released from reclamation liability by the division. (d) The application shall be accompanied by the applicant's detailed plan of reclamation of the area to be affected. The plan shall include a time schedule for the completion of each phase of reclamation and an estimate of the cost of each phase of reclamation. (e) The application for a mining permit shall be accompanied by a bond or substituted security for the affected or the proposed affected area in favor of the State of Arkansas through the division, to be effective from and after the time that the operator has affected land in the process of open-cut mining or after the time that a permit is granted and which shall meet the requirements of § 15-57-316 . (f) The application for a permit shall be accompanied by a fee of ten dollars ($10.00) per acre with a two-hundred-dollar minimum. (g) The division may approve a permit for mining and reclaiming the permitted area in increments, provided that the permit application contains an acceptable incremental mining plan and is accompanied by a bond or substituted security to cover reclamation of each successive increment prior to affecting it. (h) The permit shall require a bond or substituted security to be submitted for the cost of reclamation of each successive increment prior to the time that any area within the increment is affected by the operator. (i) Variances and interim authority issued under this subchapter shall comply with the requirements of § 8-4-230 . (j) (1) (A) After notice and opportunity for a public hearing, the division may develop and issue general permits for any category of activities involving open-cut mining operations if the division determines that the activities in a category: (i) Are similar in nature; (ii) Will cause only minimal temporary adverse environmental effects if performed separately; and (iii) Will have only minimal cumulative adverse effects on the environment. (B) To qualify for inclusion under the general permit, applicants shall submit a notice of intent and supporting documentation on forms developed by the division. (C) Facilities and practices not qualifying for inclusion under the conditions of a general permit shall obtain an individual permit. (2) The Director of the Division of Environmental Quality at his or her discretion may require an applicant to seek coverage under an individual permit. (3) (A) Unless extended by the director, no general permit issued under this subsection shall be effective for a period of more than five (5) years after the date of its issuance. (B) The general permit may be revoked or modified by the division if after opportunity for a public hearing the division determines that the activities authorized by the general permit: (i) May have an adverse impact on the environment; or (ii) Are more appropriately authorized by individual permits. (4) Before issuing general permits, the Arkansas Pollution Control and Ecology Commission shall promulgate rules necessary to implement and administer the provisions of this subsection. Amended by Act 2019, No. 910,§ 3091, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3090, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3089, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3088, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3087, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3086, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3085, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3084, eff. 7/1/2019. Acts 1991, No. 827, § 10; 1999, No. 1526, § 5; 2001, No. 550, § 3; 2005, No. 855, § 1.

(a) Any person desiring to engage in open-cut mining shall make written application to the Division of Environmental Quality for a permit. The application shall be made upon a form furnished by the division.

(b) The applicant shall fully state the information required on the form and provide a legal description of the area of land to be permitted and proof that the applicant has the right to mine the area.

(c) The perimeter of the area to be permitted must be clearly marked on the ground at all times until such time as the permitted area is released from reclamation liability by the division.

(d) The application shall be accompanied by the applicant's detailed plan of reclamation of the area to be affected. The plan shall include a time schedule for the completion of each phase of reclamation and an estimate of the cost of each phase of reclamation.

(e) The application for a mining permit shall be accompanied by a bond or substituted security for the affected or the proposed affected area in favor of the State of Arkansas through the division, to be effective from and after the time that the operator has affected land in the process of open-cut mining or after the time that a permit is granted and which shall meet the requirements of § 15-57-316 .

(f) The application for a permit shall be accompanied by a fee of ten dollars ($10.00) per acre with a two-hundred-dollar minimum.

(g) The division may approve a permit for mining and reclaiming the permitted area in increments, provided that the permit application contains an acceptable incremental mining plan and is accompanied by a bond or substituted security to cover reclamation of each successive increment prior to affecting it.

(h) The permit shall require a bond or substituted security to be submitted for the cost of reclamation of each successive increment prior to the time that any area within the increment is affected by the operator.

(i) Variances and interim authority issued under this subchapter shall comply with the requirements of § 8-4-230 .

(j) (1) (A) After notice and opportunity for a public hearing, the division may develop and issue general permits for any category of activities involving open-cut mining operations if the division determines that the activities in a category: (i) Are similar in nature; (ii) Will cause only minimal temporary adverse environmental effects if performed separately; and (iii) Will have only minimal cumulative adverse effects on the environment. (B) To qualify for inclusion under the general permit, applicants shall submit a notice of intent and supporting documentation on forms developed by the division. (C) Facilities and practices not qualifying for inclusion under the conditions of a general permit shall obtain an individual permit. (2) The Director of the Division of Environmental Quality at his or her discretion may require an applicant to seek coverage under an individual permit. (3) (A) Unless extended by the director, no general permit issued under this subsection shall be effective for a period of more than five (5) years after the date of its issuance. (B) The general permit may be revoked or modified by the division if after opportunity for a public hearing the division determines that the activities authorized by the general permit: (i) May have an adverse impact on the environment; or (ii) Are more appropriately authorized by individual permits. (4) Before issuing general permits, the Arkansas Pollution Control and Ecology Commission shall promulgate rules necessary to implement and administer the provisions of this subsection.

(1) (A) After notice and opportunity for a public hearing, the division may develop and issue general permits for any category of activities involving open-cut mining operations if the division determines that the activities in a category: (i) Are similar in nature; (ii) Will cause only minimal temporary adverse environmental effects if performed separately; and (iii) Will have only minimal cumulative adverse effects on the environment. (B) To qualify for inclusion under the general permit, applicants shall submit a notice of intent and supporting documentation on forms developed by the division. (C) Facilities and practices not qualifying for inclusion under the conditions of a general permit shall obtain an individual permit.

(A) After notice and opportunity for a public hearing, the division may develop and issue general permits for any category of activities involving open-cut mining operations if the division determines that the activities in a category: (i) Are similar in nature; (ii) Will cause only minimal temporary adverse environmental effects if performed separately; and (iii) Will have only minimal cumulative adverse effects on the environment.

(i) Are similar in nature;

(ii) Will cause only minimal temporary adverse environmental effects if performed separately; and

(iii) Will have only minimal cumulative adverse effects on the environment.

(B) To qualify for inclusion under the general permit, applicants shall submit a notice of intent and supporting documentation on forms developed by the division.

(C) Facilities and practices not qualifying for inclusion under the conditions of a general permit shall obtain an individual permit.

(2) The Director of the Division of Environmental Quality at his or her discretion may require an applicant to seek coverage under an individual permit.

(3) (A) Unless extended by the director, no general permit issued under this subsection shall be effective for a period of more than five (5) years after the date of its issuance. (B) The general permit may be revoked or modified by the division if after opportunity for a public hearing the division determines that the activities authorized by the general permit: (i) May have an adverse impact on the environment; or (ii) Are more appropriately authorized by individual permits.

(A) Unless extended by the director, no general permit issued under this subsection shall be effective for a period of more than five (5) years after the date of its issuance.

(B) The general permit may be revoked or modified by the division if after opportunity for a public hearing the division determines that the activities authorized by the general permit: (i) May have an adverse impact on the environment; or (ii) Are more appropriately authorized by individual permits.

(i) May have an adverse impact on the environment; or

(ii) Are more appropriately authorized by individual permits.

(4) Before issuing general permits, the Arkansas Pollution Control and Ecology Commission shall promulgate rules necessary to implement and administer the provisions of this subsection.

Amended by Act 2019, No. 910,§ 3091, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3090, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3089, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3088, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3087, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3086, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3085, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3084, eff. 7/1/2019.

Acts 1991, No. 827, § 10; 1999, No. 1526, § 5; 2001, No. 550, § 3; 2005, No. 855, § 1.
Ark. Code Ann. § 15-5-707 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-707
Small Business Revolving Loan Fund - Investment of funds
Status: in_force

(a) (1) The Arkansas Development Finance Authority is authorized to establish a Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in an Arkansas financial institution or institutions that are members of the Federal Deposit Insurance Corporation. (2) The account shall be in the name of the authority, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by, and the authority is authorized to invest account funds in: (A) Direct obligations of or obligations which are guaranteed by the United States; (B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Farmers Home Administration [abolished]; (iv) Federal Financing Bank; (v) Federal Home Loan Bank System; (vi) Federal Home Loan Mortgage Corporation; (vii) Federal Housing Administration; (viii) Federal Intermediate Credit Bank; (ix) Federal Land Bank; (x) Federal National Mortgage Association; or (xi) Government National Mortgage Association; (C) Repurchase agreements with financial institutions acting as principal or agent for securities described in subdivisions (a)(1) and (2) of this section, if the securities are delivered to the authority or trustee on its behalf; (D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks insured by the Federal Deposit Insurance Corporation; and (F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies thereof approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof. (b) (1) All moneys received by the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the Small Business Revolving Loan Fund. (2) It is the intent of this subchapter that idle funds in the fund shall be invested as provided in this section, in order that maximum interest return may be received by the fund. (c) All moneys now or hereafter deposited into or paid to the authority for deposit into the fund are specifically declared to be cash funds, received from sources other than taxes, restricted in their use and shall not be deposited into the State Treasury but shall be deposited into one (1) or more banks as set forth in subsection (a) of this section. Acts 1989, No. 623, § 6; 1991, No. 775, § 5; 1991, No. 874, § 5.

(a) (1) The Arkansas Development Finance Authority is authorized to establish a Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in an Arkansas financial institution or institutions that are members of the Federal Deposit Insurance Corporation. (2) The account shall be in the name of the authority, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by, and the authority is authorized to invest account funds in: (A) Direct obligations of or obligations which are guaranteed by the United States; (B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Farmers Home Administration [abolished]; (iv) Federal Financing Bank; (v) Federal Home Loan Bank System; (vi) Federal Home Loan Mortgage Corporation; (vii) Federal Housing Administration; (viii) Federal Intermediate Credit Bank; (ix) Federal Land Bank; (x) Federal National Mortgage Association; or (xi) Government National Mortgage Association; (C) Repurchase agreements with financial institutions acting as principal or agent for securities described in subdivisions (a)(1) and (2) of this section, if the securities are delivered to the authority or trustee on its behalf; (D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks insured by the Federal Deposit Insurance Corporation; and (F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies thereof approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof.

(1) The Arkansas Development Finance Authority is authorized to establish a Bond Guaranty Reserve Account, sometimes referred to in this subchapter as the "account", in an Arkansas financial institution or institutions that are members of the Federal Deposit Insurance Corporation.

(2) The account shall be in the name of the authority, and the amount thereof in excess of that insured by the Federal Deposit Insurance Corporation must be secured by, and the authority is authorized to invest account funds in: (A) Direct obligations of or obligations which are guaranteed by the United States; (B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Farmers Home Administration [abolished]; (iv) Federal Financing Bank; (v) Federal Home Loan Bank System; (vi) Federal Home Loan Mortgage Corporation; (vii) Federal Housing Administration; (viii) Federal Intermediate Credit Bank; (ix) Federal Land Bank; (x) Federal National Mortgage Association; or (xi) Government National Mortgage Association; (C) Repurchase agreements with financial institutions acting as principal or agent for securities described in subdivisions (a)(1) and (2) of this section, if the securities are delivered to the authority or trustee on its behalf; (D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States; (E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks insured by the Federal Deposit Insurance Corporation; and (F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies thereof approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof.

(A) Direct obligations of or obligations which are guaranteed by the United States;

(B) Obligations, debentures, notes, or other evidences of indebtedness issued or guaranteed by any of the following: (i) Bank for Cooperatives; (ii) Export-Import Bank of the United States; (iii) Farmers Home Administration [abolished]; (iv) Federal Financing Bank; (v) Federal Home Loan Bank System; (vi) Federal Home Loan Mortgage Corporation; (vii) Federal Housing Administration; (viii) Federal Intermediate Credit Bank; (ix) Federal Land Bank; (x) Federal National Mortgage Association; or (xi) Government National Mortgage Association;

(i) Bank for Cooperatives;

(ii) Export-Import Bank of the United States;

(iii) Farmers Home Administration [abolished];

(iv) Federal Financing Bank;

(v) Federal Home Loan Bank System;

(vi) Federal Home Loan Mortgage Corporation;

(vii) Federal Housing Administration;

(viii) Federal Intermediate Credit Bank;

(ix) Federal Land Bank;

(x) Federal National Mortgage Association; or

(xi) Government National Mortgage Association;

(C) Repurchase agreements with financial institutions acting as principal or agent for securities described in subdivisions (a)(1) and (2) of this section, if the securities are delivered to the authority or trustee on its behalf;

(D) Obligations issued by public agencies or municipalities and fully secured as to the payment of both principal and interest by a pledge of annual contributions under an annual contributions contract or contracts with the United States or temporary notes, preliminary loan notes, or project notes issued by public agencies or municipalities, in each case fully secured as to the payment of both principal and interest by a requisition or payment agreement with the United States;

(E) Certificates of deposit or time deposits or similar banking arrangements with a bank or banks insured by the Federal Deposit Insurance Corporation; and

(F) Investment agreements, capital notes, or banking arrangements with financial institutions or holding companies thereof approved by the Board of Directors of the Arkansas Development Finance Authority, and to provide for the sale of any such investment and for the reinvestment of the proceeds thereof.

(b) (1) All moneys received by the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the Small Business Revolving Loan Fund. (2) It is the intent of this subchapter that idle funds in the fund shall be invested as provided in this section, in order that maximum interest return may be received by the fund.

(1) All moneys received by the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the Small Business Revolving Loan Fund.

(2) It is the intent of this subchapter that idle funds in the fund shall be invested as provided in this section, in order that maximum interest return may be received by the fund.

(c) All moneys now or hereafter deposited into or paid to the authority for deposit into the fund are specifically declared to be cash funds, received from sources other than taxes, restricted in their use and shall not be deposited into the State Treasury but shall be deposited into one (1) or more banks as set forth in subsection (a) of this section.

Acts 1989, No. 623, § 6; 1991, No. 775, § 5; 1991, No. 874, § 5.
Ark. Code Ann. § 15-58-309 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-309
Right of private action
Status: in_force

(a) Any person having an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this chapter or the rules issued pursuant to this chapter: (1) Against the State of Arkansas or any other state instrumentality or agency which is alleged to be in violation of the provisions of this chapter or of any rule, order, or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, order, or permit issued pursuant to this chapter; or (2) Against the Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission where there is alleged a failure of the director or the commission to perform any act or duty under this chapter which is not discretionary with the director or with the commission. (b) No action may be commenced: (1) Under subdivision (a)(1) of this section: (A) Prior to sixty (60) days after the plaintiff has given notice in writing of the violation: (i) To the director; (ii) To the Attorney General; and (iii) To any alleged violator; or (B) If the director has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this chapter, or any rule, order, or permit issued pursuant to this chapter, but in any such action any person may intervene as a matter of right; or (2) Under subdivision (a)(2) of this section prior to sixty (60) days after the plaintiff has given notice in writing of the action to the director in such manner as the commission shall by rule prescribe, or to the commission, except that the action may be brought immediately after notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff. (c) (1) Any action respecting a violation of this chapter or the rules thereunder may be brought only in the Pulaski County Circuit Court if the action is filed against the State of Arkansas, the commission, the director, or any other state instrumentality or agency, and in Pulaski County or in the county in which the greater part of the surface coal mining operation complained of is located if the action is filed against any other person. (2) In any action under this section, the director, the commission, or the Division of Environmental Quality, if not a party, may intervene as a matter of right. (d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation, including attorney and expert witness fees, to any party whenever the court determines the award is appropriate. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security, provided that no bond shall be required if the temporary restraining order or preliminary injunction is sought by the director, the commission, or the division. (e) Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek enforcement of any of the provisions of this chapter and the rules thereunder or to seek any other relief, including relief against the director, the commission, or the division. (f) Any person who is injured in his or her person or property through the violation by any operation of any rule, order, or permit issued pursuant to this chapter may bring an action for damages, including reasonable attorney and expert witness fees only in the judicial district in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the Workers' Compensation Law, § 11-9-101 et seq. Amended by Act 2019, No. 315,§ 1206, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1205, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1204, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1203, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1202, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3155, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3154, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3153, eff. 7/1/2019. Acts 1979, No. 134, § 32; A.S.A. 1947, § 52-966; Acts 1999, No. 1164, § 148.

(a) Any person having an interest which is or may be adversely affected may commence a civil action on his or her own behalf to compel compliance with this chapter or the rules issued pursuant to this chapter: (1) Against the State of Arkansas or any other state instrumentality or agency which is alleged to be in violation of the provisions of this chapter or of any rule, order, or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, order, or permit issued pursuant to this chapter; or (2) Against the Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission where there is alleged a failure of the director or the commission to perform any act or duty under this chapter which is not discretionary with the director or with the commission.

(1) Against the State of Arkansas or any other state instrumentality or agency which is alleged to be in violation of the provisions of this chapter or of any rule, order, or permit issued pursuant thereto, or against any other person who is alleged to be in violation of any rule, order, or permit issued pursuant to this chapter; or

(2) Against the Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission where there is alleged a failure of the director or the commission to perform any act or duty under this chapter which is not discretionary with the director or with the commission.

(b) No action may be commenced: (1) Under subdivision (a)(1) of this section: (A) Prior to sixty (60) days after the plaintiff has given notice in writing of the violation: (i) To the director; (ii) To the Attorney General; and (iii) To any alleged violator; or (B) If the director has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this chapter, or any rule, order, or permit issued pursuant to this chapter, but in any such action any person may intervene as a matter of right; or (2) Under subdivision (a)(2) of this section prior to sixty (60) days after the plaintiff has given notice in writing of the action to the director in such manner as the commission shall by rule prescribe, or to the commission, except that the action may be brought immediately after notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

(1) Under subdivision (a)(1) of this section: (A) Prior to sixty (60) days after the plaintiff has given notice in writing of the violation: (i) To the director; (ii) To the Attorney General; and (iii) To any alleged violator; or (B) If the director has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this chapter, or any rule, order, or permit issued pursuant to this chapter, but in any such action any person may intervene as a matter of right; or

(A) Prior to sixty (60) days after the plaintiff has given notice in writing of the violation: (i) To the director; (ii) To the Attorney General; and (iii) To any alleged violator; or

(i) To the director;

(ii) To the Attorney General; and

(iii) To any alleged violator; or

(B) If the director has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this chapter, or any rule, order, or permit issued pursuant to this chapter, but in any such action any person may intervene as a matter of right; or

(2) Under subdivision (a)(2) of this section prior to sixty (60) days after the plaintiff has given notice in writing of the action to the director in such manner as the commission shall by rule prescribe, or to the commission, except that the action may be brought immediately after notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.

(c) (1) Any action respecting a violation of this chapter or the rules thereunder may be brought only in the Pulaski County Circuit Court if the action is filed against the State of Arkansas, the commission, the director, or any other state instrumentality or agency, and in Pulaski County or in the county in which the greater part of the surface coal mining operation complained of is located if the action is filed against any other person. (2) In any action under this section, the director, the commission, or the Division of Environmental Quality, if not a party, may intervene as a matter of right.

(1) Any action respecting a violation of this chapter or the rules thereunder may be brought only in the Pulaski County Circuit Court if the action is filed against the State of Arkansas, the commission, the director, or any other state instrumentality or agency, and in Pulaski County or in the county in which the greater part of the surface coal mining operation complained of is located if the action is filed against any other person.

(2) In any action under this section, the director, the commission, or the Division of Environmental Quality, if not a party, may intervene as a matter of right.

(d) The court, in issuing any final order in any action brought pursuant to subsection (a) of this section, may award costs of litigation, including attorney and expert witness fees, to any party whenever the court determines the award is appropriate. If a temporary restraining order or preliminary injunction is sought, the court may require the filing of a bond or equivalent security, provided that no bond shall be required if the temporary restraining order or preliminary injunction is sought by the director, the commission, or the division.

(e) Nothing in this section shall restrict any right which any person or class of persons may have under any statute or common law to seek enforcement of any of the provisions of this chapter and the rules thereunder or to seek any other relief, including relief against the director, the commission, or the division.

(f) Any person who is injured in his or her person or property through the violation by any operation of any rule, order, or permit issued pursuant to this chapter may bring an action for damages, including reasonable attorney and expert witness fees only in the judicial district in which the surface coal mining operation complained of is located. Nothing in this subsection shall affect the rights established by or limits imposed under the Workers' Compensation Law, § 11-9-101 et seq.

Amended by Act 2019, No. 315,§ 1206, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1205, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1204, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1203, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1202, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3155, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3154, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3153, eff. 7/1/2019.

Acts 1979, No. 134, § 32; A.S.A. 1947, § 52-966; Acts 1999, No. 1164, § 148.
Ark. Code Ann. § 15-32-604 — AR Code / Title 15 / Chapter 32 / Subchapter 6 / Section 15-32-604
Defenses
Status: in_force

It is an affirmative defense to prosecution under this subchapter that: (1) The trustee paid the beneficiaries all trust money to which the beneficiaries were entitled not later than the fifteenth calendar day after the date written notice was given to the trustee, at the trustee's most recent address known, that a criminal complaint has been filed against the trustee or that a criminal investigation of the trustee is pending; (2) Two (2) or more persons claim to be beneficiaries of the same trust money and the trustee has deposited the amount of the disputed trust money into the registry of the circuit court of the county in which the standing timber was located by action in interpleader or other appropriate legal proceeding for the benefit of persons the circuit court determines to be entitled to the trust money; or (3) The trustee paid to the beneficiaries all trust money to which the beneficiaries were entitled not later than thirty (30) days after the date contractually agreed upon in writing. Acts 2001, No. 1247, § 4.

It is an affirmative defense to prosecution under this subchapter that:

(1) The trustee paid the beneficiaries all trust money to which the beneficiaries were entitled not later than the fifteenth calendar day after the date written notice was given to the trustee, at the trustee's most recent address known, that a criminal complaint has been filed against the trustee or that a criminal investigation of the trustee is pending;

(2) Two (2) or more persons claim to be beneficiaries of the same trust money and the trustee has deposited the amount of the disputed trust money into the registry of the circuit court of the county in which the standing timber was located by action in interpleader or other appropriate legal proceeding for the benefit of persons the circuit court determines to be entitled to the trust money; or

(3) The trustee paid to the beneficiaries all trust money to which the beneficiaries were entitled not later than thirty (30) days after the date contractually agreed upon in writing.

Acts 2001, No. 1247, § 4.
Ark. Code Ann. § 15-4-920 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-920
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 20; A.S.A. 1947, § 67-1620.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 20; A.S.A. 1947, § 67-1620.
Ark. Code Ann. § 15-5-1607 — AR Code / Title 15 / Chapter 5 / Subchapter 16 / Section 15-5-1607
[Repealed]
Status: repealed

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019. Amended by Act 2015, No. 1149,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1060,§ 17, eff. 4/4/2015. Amended by Act 2013, No. 1095,§ 10, eff. 4/11/2013. Acts 2007, No. 1025, § 1; 2009, No. 791, § 5.

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019.

Amended by Act 2015, No. 1149,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 1060,§ 17, eff. 4/4/2015.

Amended by Act 2013, No. 1095,§ 10, eff. 4/11/2013.

Acts 2007, No. 1025, § 1; 2009, No. 791, § 5.
Ark. Code Ann. § 15-22-1201 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1201
Title
Status: in_force

This subchapter may be known and cited as the "Sparta Aquifer Critical Groundwater Counties' Remediation Act". Acts 1999, No. 1050, § 1.

This subchapter may be known and cited as the "Sparta Aquifer Critical Groundwater Counties' Remediation Act".

Acts 1999, No. 1050, § 1.
Ark. Code Ann. § 15-74-303 — AR Code / Title 15 / Chapter 74 / Subchapter 3 / Section 15-74-303
Determination of specific gravity and flowing temperature
Status: in_force

(a) The Oil and Gas Commission is authorized and empowered, in the absence of the availability of satisfactory actual data based upon observed or recorded specific gravity and flowing temperature determinations, to determine the average specific gravity and average flowing temperature of the gas at the point of measurement, as produced in each oil or gas field or pool in Arkansas which, after being so determined, shall be used to calculate the standard cubic foot. (b) If for any reason the commission has not so determined the average specific gravity and average flowing temperature of the gas produced in any oil or gas field or pool in Arkansas, the average specific gravity shall be assumed to be six-tenths (6/10) and the average flowing temperature shall be assumed to be sixty degrees Fahrenheit (60°F). (c) In the event that the commission finds the necessity therefor or upon the request of any interested party, the commission shall give notice and hold a public hearing before making those determinations. (d) Promptly upon those determinations, the commission shall make and publish the findings and promulgate reasonable field rules as necessary to effectuate the provisions of this subchapter. (e) Any person, association of persons, or corporation shall be permitted to use the findings and field rules of the commission for all purposes under this subchapter, but if such findings or field rules are not so used in determining volumes under this subchapter, the volumes so otherwise determined shall be corrected to the basis of the "standard cubic foot of gas" as defined in § 15-74-302 . However, nothing in this subchapter shall ever prevent the use of actual recorded values and actual test data, where available, for all purposes whatsoever under this statute. Acts 1951, No. 214, § 3; A.S.A. 1947, § 53-518.

(a) The Oil and Gas Commission is authorized and empowered, in the absence of the availability of satisfactory actual data based upon observed or recorded specific gravity and flowing temperature determinations, to determine the average specific gravity and average flowing temperature of the gas at the point of measurement, as produced in each oil or gas field or pool in Arkansas which, after being so determined, shall be used to calculate the standard cubic foot.

(b) If for any reason the commission has not so determined the average specific gravity and average flowing temperature of the gas produced in any oil or gas field or pool in Arkansas, the average specific gravity shall be assumed to be six-tenths (6/10) and the average flowing temperature shall be assumed to be sixty degrees Fahrenheit (60°F).

(c) In the event that the commission finds the necessity therefor or upon the request of any interested party, the commission shall give notice and hold a public hearing before making those determinations.

(d) Promptly upon those determinations, the commission shall make and publish the findings and promulgate reasonable field rules as necessary to effectuate the provisions of this subchapter.

(e) Any person, association of persons, or corporation shall be permitted to use the findings and field rules of the commission for all purposes under this subchapter, but if such findings or field rules are not so used in determining volumes under this subchapter, the volumes so otherwise determined shall be corrected to the basis of the "standard cubic foot of gas" as defined in § 15-74-302 . However, nothing in this subchapter shall ever prevent the use of actual recorded values and actual test data, where available, for all purposes whatsoever under this statute.

Acts 1951, No. 214, § 3; A.S.A. 1947, § 53-518.
Ark. Code Ann. § 15-22-608 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-608
Bonds - Purpose of issuance and application of proceeds
Status: in_force

Bonds issued under this subchapter shall be issued for the purpose of financing the development of water resources projects, and the proceeds of any bonds issued under this subchapter shall be applied for the payment of project costs. Acts 1981, No. 496, § 5; A.S.A. 1947, § 21-2305.

Bonds issued under this subchapter shall be issued for the purpose of financing the development of water resources projects, and the proceeds of any bonds issued under this subchapter shall be applied for the payment of project costs.

Acts 1981, No. 496, § 5; A.S.A. 1947, § 21-2305.
Ark. Code Ann. § 15-4-703 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-703
Authority to issue bonds - Arkansas Economic Development Council determinations
Status: in_force

(a) If at the time there are no other available moneys to meet the then-present or reasonably projected obligations of the Revenue Bond Guaranty Account, the Arkansas Economic Development Council shall proceed promptly to issue bonds, as authorized in this subchapter, in such principal amounts as may be necessary to enable the council to meet, as and when due, all obligations of the account. (b) The authority to issue bonds shall be a continuing authority that may be exercised from time to time. (c) Determination of when additional moneys will be needed for the account, the amounts that will be needed, the availability or unavailability of other moneys, the necessity for the issuance of bonds, and the principal amounts of bonds to be issued shall be made solely by the council in the exercise of its discretion. Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567.

(a) If at the time there are no other available moneys to meet the then-present or reasonably projected obligations of the Revenue Bond Guaranty Account, the Arkansas Economic Development Council shall proceed promptly to issue bonds, as authorized in this subchapter, in such principal amounts as may be necessary to enable the council to meet, as and when due, all obligations of the account.

(b) The authority to issue bonds shall be a continuing authority that may be exercised from time to time.

(c) Determination of when additional moneys will be needed for the account, the amounts that will be needed, the availability or unavailability of other moneys, the necessity for the issuance of bonds, and the principal amounts of bonds to be issued shall be made solely by the council in the exercise of its discretion.

Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567.
Ark. Code Ann. § 15-74-304 — AR Code / Title 15 / Chapter 74 / Subchapter 3 / Section 15-74-304
Reports of gas production
Status: in_force

Any person required to report volumes of gas production under the laws of this state shall report such volumes in number of thousands of standard cubic feet calculated and determined under the provisions of this subchapter. Acts 1951, No. 214, § 4; A.S.A. 1947, § 53-519.

Any person required to report volumes of gas production under the laws of this state shall report such volumes in number of thousands of standard cubic feet calculated and determined under the provisions of this subchapter.

Acts 1951, No. 214, § 4; A.S.A. 1947, § 53-519.
Ark. Code Ann. § 15-5-213 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-213
Correction Facilities Construction Fund
Status: in_force

(a) There is established on the books of the Arkansas Development Finance Authority a special restricted fund to be known as the "Correction Facilities Construction Fund". This fund shall be administered in accordance with the provisions of this section. (b) The fund shall receive moneys payable from the Treasurer of State in accordance with § 15-5-422 . All moneys deposited into the fund and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated and are to be used solely for acquisition and construction of regional correction facilities for use by the Division of Correction, specifically including a regional correction facility in Chicot County, which facility will be leased to and utilized by the division. (c) The fund shall be held and the amounts therein invested by the authority only in accordance with this section. The moneys in the fund shall be invested by the authority in accordance with the restrictions established for the Bond Guaranty Reserve Account provided for in § 15-5-407 . The fund and the moneys in the fund shall not be part of the general funds of the authority subject to claims of the general creditors of the authority. The fund may be pledged by the authority upon proper authorization of the Board of Directors of the Arkansas Development Finance Authority only to secure repayment of obligations of the authority, the proceeds of which are used to construct or acquire correction facilities as specified in subsection (b) of this section. (d) After July 1, 2008, as the authority no longer has outstanding obligations, the proceeds of which have been used to construct and acquire correction facilities as specified in subsection (b) of this section, all amounts remaining in the fund shall be paid by the authority to the Treasurer of State. (e) (1) There is created within the fund an account entitled the "Correction Facilities Privatization Account", and the Correction Facilities Privatization Account shall receive: (A) Moneys payable from funds in the division as established in § 12-27-128 ; (B) Such moneys as are transferred pursuant to § 22-3-1210(c) ; and (C) Such cash funds of the division as are deemed necessary by the Chief Fiscal Officer of the State for the purposes established herein. (2) All moneys deposited into the Correction Facilities Privatization Account and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated to be used solely for acquisition, construction, and rehabilitation of correction facilities for the use and benefit of the division or for payments to private contractors for the use of correction facilities by the division. (3) The moneys deposited into the Correction Facilities Privatization Account shall not be subject to the provisions of subsection (d) of this section. (4) The Correction Facilities Privatization Account shall not be subject to distribution to the Treasurer of State, and the Correction Facilities Privatization Account shall remain as an account of the authority. Amended by Act 2019, No. 910,§ 851, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 850, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 849, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 848, eff. 7/1/2019. Acts 1988 (3rd Ex. Sess.), No. 31, § 1; 1995 (1st Ex. Sess.), No. 9, § 3.

(a) There is established on the books of the Arkansas Development Finance Authority a special restricted fund to be known as the "Correction Facilities Construction Fund". This fund shall be administered in accordance with the provisions of this section.

(b) The fund shall receive moneys payable from the Treasurer of State in accordance with § 15-5-422 . All moneys deposited into the fund and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated and are to be used solely for acquisition and construction of regional correction facilities for use by the Division of Correction, specifically including a regional correction facility in Chicot County, which facility will be leased to and utilized by the division.

(c) The fund shall be held and the amounts therein invested by the authority only in accordance with this section. The moneys in the fund shall be invested by the authority in accordance with the restrictions established for the Bond Guaranty Reserve Account provided for in § 15-5-407 . The fund and the moneys in the fund shall not be part of the general funds of the authority subject to claims of the general creditors of the authority. The fund may be pledged by the authority upon proper authorization of the Board of Directors of the Arkansas Development Finance Authority only to secure repayment of obligations of the authority, the proceeds of which are used to construct or acquire correction facilities as specified in subsection (b) of this section.

(d) After July 1, 2008, as the authority no longer has outstanding obligations, the proceeds of which have been used to construct and acquire correction facilities as specified in subsection (b) of this section, all amounts remaining in the fund shall be paid by the authority to the Treasurer of State.

(e) (1) There is created within the fund an account entitled the "Correction Facilities Privatization Account", and the Correction Facilities Privatization Account shall receive: (A) Moneys payable from funds in the division as established in § 12-27-128 ; (B) Such moneys as are transferred pursuant to § 22-3-1210(c) ; and (C) Such cash funds of the division as are deemed necessary by the Chief Fiscal Officer of the State for the purposes established herein. (2) All moneys deposited into the Correction Facilities Privatization Account and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated to be used solely for acquisition, construction, and rehabilitation of correction facilities for the use and benefit of the division or for payments to private contractors for the use of correction facilities by the division. (3) The moneys deposited into the Correction Facilities Privatization Account shall not be subject to the provisions of subsection (d) of this section. (4) The Correction Facilities Privatization Account shall not be subject to distribution to the Treasurer of State, and the Correction Facilities Privatization Account shall remain as an account of the authority.

(1) There is created within the fund an account entitled the "Correction Facilities Privatization Account", and the Correction Facilities Privatization Account shall receive: (A) Moneys payable from funds in the division as established in § 12-27-128 ; (B) Such moneys as are transferred pursuant to § 22-3-1210(c) ; and (C) Such cash funds of the division as are deemed necessary by the Chief Fiscal Officer of the State for the purposes established herein.

(A) Moneys payable from funds in the division as established in § 12-27-128 ;

(B) Such moneys as are transferred pursuant to § 22-3-1210(c) ; and

(C) Such cash funds of the division as are deemed necessary by the Chief Fiscal Officer of the State for the purposes established herein.

(2) All moneys deposited into the Correction Facilities Privatization Account and all income, interest, and earnings therefrom are declared to be cash funds restricted in their use and dedicated to be used solely for acquisition, construction, and rehabilitation of correction facilities for the use and benefit of the division or for payments to private contractors for the use of correction facilities by the division.

(3) The moneys deposited into the Correction Facilities Privatization Account shall not be subject to the provisions of subsection (d) of this section.

(4) The Correction Facilities Privatization Account shall not be subject to distribution to the Treasurer of State, and the Correction Facilities Privatization Account shall remain as an account of the authority.

Amended by Act 2019, No. 910,§ 851, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 850, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 849, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 848, eff. 7/1/2019.

Acts 1988 (3rd Ex. Sess.), No. 31, § 1; 1995 (1st Ex. Sess.), No. 9, § 3.
Ark. Code Ann. § 15-72-1002 — AR Code / Title 15 / Chapter 72 / Subchapter 10 / Section 15-72-1002
Tax incentives - Reestablishment of inactive wells and fields
Status: in_force

(a) Any oil well which has been inactive and has failed to produce any volume of crude oil for a period of at least twelve (12) consecutive calendar months which is restored and reestablished as a producer of crude oil shall be exempt from the payment of severance taxes on the volume of production for a period of ten (10) years from and after the date upon which the production is reestablished. (b) Any oil field established by the Oil and Gas Commission which has become inactive by the cessation of production for a period of not less than twelve (12) consecutive calendar months shall be exempt from the payment of severance taxes in the event production of crude oil from the field is reestablished with respect to all crude oil subsequently produced from the zones, horizons, and formations which had previously been productive but subsequently ceased to produce. Acts 1995, No. 1093, §§ 2, 3.

(a) Any oil well which has been inactive and has failed to produce any volume of crude oil for a period of at least twelve (12) consecutive calendar months which is restored and reestablished as a producer of crude oil shall be exempt from the payment of severance taxes on the volume of production for a period of ten (10) years from and after the date upon which the production is reestablished.

(b) Any oil field established by the Oil and Gas Commission which has become inactive by the cessation of production for a period of not less than twelve (12) consecutive calendar months shall be exempt from the payment of severance taxes in the event production of crude oil from the field is reestablished with respect to all crude oil subsequently produced from the zones, horizons, and formations which had previously been productive but subsequently ceased to produce.

Acts 1995, No. 1093, §§ 2, 3.
Ark. Code Ann. § 15-20-404 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-404
Creation, conveyance, etc
Status: in_force

Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.

Except as otherwise provided in this subchapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements.

Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Ark. Code Ann. § 15-75-405 — AR Code / Title 15 / Chapter 75 / Subchapter 4 / Section 15-75-405
Use of unapproved containers and systems
Status: in_force

(a) No person shall use, install, or operate or cause to be used, installed, or operated any container or system until approved by the Liquefied Petroleum Gas Board. (b) No person shall sell, service, or deliver any gases for use in any container or system prior to approval of the containers or system by the board, nor shall any person sell, service, or deliver gases for use in any container or system, the approval of which has been denied by the board. Acts 1965, No. 31, § 20; A.S.A. 1947, § 53-719.

(a) No person shall use, install, or operate or cause to be used, installed, or operated any container or system until approved by the Liquefied Petroleum Gas Board.

(b) No person shall sell, service, or deliver any gases for use in any container or system prior to approval of the containers or system by the board, nor shall any person sell, service, or deliver gases for use in any container or system, the approval of which has been denied by the board.

Acts 1965, No. 31, § 20; A.S.A. 1947, § 53-719.
Ark. Code Ann. § 15-20-903 — AR Code / Title 15 / Chapter 20 / Subchapter 9 / Section 15-20-903
Definitions
Status: in_force

As used in this subchapter: (1) "Land application" means the application of litter, in whole or in part, to land; (2) "Litter" means byproducts associated with the confinement of poultry, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof; (3) "Litter management system" means any method used to dispose or utilize litter; (4) "Person" means any individual, partnership, company, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (5) "Poultry" means chickens, turkeys, ducks, geese, and any other domesticated birds; (6) (A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period. (B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility; (7) "Poultry processor" means an entity that processes poultry or eggs for commercial sale; and (8) "Waters within the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state. Amended by Act 2023, No. 600,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 61, eff. 7/1/2019. Acts 2003, No. 1060, § 1; 2005, No. 1962, § 66.

As used in this subchapter:

(1) "Land application" means the application of litter, in whole or in part, to land;

(2) "Litter" means byproducts associated with the confinement of poultry, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof;

(3) "Litter management system" means any method used to dispose or utilize litter;

(4) "Person" means any individual, partnership, company, association, fiduciary, corporation, or any organized group of persons whether incorporated or not;

(5) "Poultry" means chickens, turkeys, ducks, geese, and any other domesticated birds;

(6) (A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period. (B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility;

(A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period.

(B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility;

(7) "Poultry processor" means an entity that processes poultry or eggs for commercial sale; and

(8) "Waters within the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state.

Amended by Act 2023, No. 600,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 61, eff. 7/1/2019.

Acts 2003, No. 1060, § 1; 2005, No. 1962, § 66.
Ark. Code Ann. § 15-57-306 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-306
Administration
Status: in_force

The Division of Environmental Quality through the Director of the Division of Environmental Quality, and any representatives designated by the director, shall administer and enforce the provisions of this subchapter, except for those provisions specifically designated to the Arkansas Pollution Control and Ecology Commission. Amended by Act 2019, No. 910,§ 3079, eff. 7/1/2019. Acts 1991, No. 827, § 5.

The Division of Environmental Quality through the Director of the Division of Environmental Quality, and any representatives designated by the director, shall administer and enforce the provisions of this subchapter, except for those provisions specifically designated to the Arkansas Pollution Control and Ecology Commission.

Amended by Act 2019, No. 910,§ 3079, eff. 7/1/2019.

Acts 1991, No. 827, § 5.
Ark. Code Ann. § 15-4-925 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-925
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 23; A.S.A. 1947, § 67-1623.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 23; A.S.A. 1947, § 67-1623.
Ark. Code Ann. § 15-13-101 — AR Code / Title 15 / Chapter 13 / Subchapter 1 / Section 15-13-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Alternative Fuels Development Act". Acts 2007, No. 699, § 1; 2007, No. 873, § 1.

This chapter shall be known and may be cited as the "Arkansas Alternative Fuels Development Act".

Acts 2007, No. 699, § 1; 2007, No. 873, § 1.
Ark. Code Ann. § 15-5-714 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-714
Entrepreneur Fee Waiver Pilot Program - Definition
Status: in_force

(a) There is created a program to be known as the "Entrepreneur Fee Waiver Pilot Program". (b) The program shall be developed, implemented, and administered by the Arkansas Development Finance Authority. (c) The purpose of the program is to encourage and assist entrepreneurs by providing a waiver of state filing fees, state permit fees, or state licensing fees associated with the formation of a small business in this state. (d) As used in this section, "entrepreneur" means an individual starting a small business and who meets the eligibility criteria established by the authority for the program. (e) The authority shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for the review and approval of applications for the program. (f) A entrepreneur shall apply to the authority, using the form prescribed by the authority, before the formation of the small business for which the entrepreneur seeks waiver of the state filing fees, state permit fees, or state licensing fees. (g) Any waivers or vouchers under this section shall be provided in the manner determined by the authority. (h) The total amount waived by the authority under this section shall not exceed five hundred thousand dollars ($500,000) per fiscal year. (i) The Secretary of State shall provide notice of the program to an entrepreneur filing for the formation of a small business in this state. Added by Act 2017, No. 857,§ 2, eff. 8/1/2017.

(a) There is created a program to be known as the "Entrepreneur Fee Waiver Pilot Program".

(b) The program shall be developed, implemented, and administered by the Arkansas Development Finance Authority.

(c) The purpose of the program is to encourage and assist entrepreneurs by providing a waiver of state filing fees, state permit fees, or state licensing fees associated with the formation of a small business in this state.

(d) As used in this section, "entrepreneur" means an individual starting a small business and who meets the eligibility criteria established by the authority for the program.

(e) The authority shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to establish criteria for the review and approval of applications for the program.

(f) A entrepreneur shall apply to the authority, using the form prescribed by the authority, before the formation of the small business for which the entrepreneur seeks waiver of the state filing fees, state permit fees, or state licensing fees.

(g) Any waivers or vouchers under this section shall be provided in the manner determined by the authority.

(h) The total amount waived by the authority under this section shall not exceed five hundred thousand dollars ($500,000) per fiscal year.

(i) The Secretary of State shall provide notice of the program to an entrepreneur filing for the formation of a small business in this state.

Added by Act 2017, No. 857,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 15-3-108 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-108
Nature, powers, and duties generally
Status: in_force

(a) The Division of Science and Technology of the Arkansas Economic Development Commission shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated and additional powers as conferred upon it by the General Assembly, the Director of the Arkansas Economic Development Commission, or the people of this state. (b) The director, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, is authorized and designated to engage in undertakings, programs, enterprises, and activities involving agriculture, manufacturing, medical and healthcare, transportation, public utility services, research and development, and other programs involving the establishment and encouragement of science and technological research. (c) The director, the division, and its board, employees, and agents shall be immune from civil liability for performing the duties under this subchapter. (d) In the furtherance of the division's purposes, the director shall have all the powers necessary to carry out the division's purposes, which shall include, but not be limited to: (1) Make, amend, and repeal bylaws and rules for the management of the affairs of the division; (2) Adopt an official seal for the division; (3) Sue and be sued in his or her own name; (4) Make contracts and execute all instruments necessary or convenient for carrying out the business of the division; (5) Acquire, own, hold, dispose of, and encumber real or personal property of any nature, both tangible and intangible, or any interest therein; (6) Enter into agreements or other transactions with any federal, state, county, or municipal agency and with any individual, corporation, firm, association, or any other entity involving science and technology; (7) Acquire real property or an interest in real property by purchase or foreclosure when such an acquisition is necessary or appropriate to protect or secure any investment or loan in which the division has an interest; (8) Sell, transfer, and convey any such property to a buyer, and in the event the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, lease the property to a tenant; (9) Invest any funds appropriated by the state and held in reserve in funds not required for immediate disbursement, in investments that may be lawful for fiduciaries in the State of Arkansas, and invest funds received from gifts, grants, donations, and other operations of the division in investments that would be lawful for a private corporation having purposes similar to the division; (10) Borrow money and give guaranties, provided that the indebtedness and other obligations of the division shall be payable solely out of its own resources and shall not constitute a pledge of the full faith and credit of the State of Arkansas or any of its revenues; (11) [Repealed.] (12) Appear on behalf of the division before boards, commissions, departments, or other agencies of municipal, county, state, or federal government; (13) Procure insurance against any losses in connection with the properties of the division in amounts from insurers that may be necessary or desirable; (14) Consent, subject to the provisions of any contract with noteholders, whenever he or she deems it necessary or desirable in the fulfillment of the purposes of this subchapter, to the modifications with respect to the rate of interest, time payment, or of any installment, of principal and interest, or any terms of any contract or agreement of any kind to which the division is a party; (15) (A) Accept any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, services, or other things of value that may be received from the United States Government or any agency thereof, any governmental agency, or any institution, person, firm, or corporation, public or private, to be held, used, or applied for any or all of the purposes specified in this subchapter in accordance with the terms and conditions of any such grant. (B) Receipt of each such donation or grant shall be detailed in the annual report of the division. (C) This report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto; (16) Trade, buy, or sell qualified securities; (17) Finance, conduct, or cooperate in the financing or conducting of scientific, technological, business, financial, or other investigations that are related or likely to lead to business and economic development involving science and technology by making and entering into contracts or other appropriate arrangements, including the provision of grants, loans, and other forms of assistance; (18) Solicit, study, and assist in the preparation of business plans and proposals of new or established science and technologically oriented businesses and advance the state of science in Arkansas for those purposes; (19) Prepare, publish, and distribute, with or without charge as the director may determine, such technological studies, reports, bulletins, and other materials as he or she deems appropriate, subject only to the maintenance and responsibility for confidentiality of the client's proprietary information; (20) Organize, conduct, sponsor, or cooperate in and assist the conduct of special institutes, conferences, demonstrations, and studies relating to the stimulation and formulation of basic science, applied science, and technologically oriented businesses and studies relating to the formulation of scientific or technologically oriented business and industry endeavors; (21) Own and possess patents, copyrights, and proprietary processes and enter into contracts and establish charges for the use of such patents, copyrights, and proprietary processes involving science or technology; (22) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of this subchapter; (23) Exercise any other powers necessary for the operation and functioning of the division within the purposes authorized in this subchapter; (24) (A) Provide scientific and technological data and information required by the Governor, the General Assembly, or its committees, to state agencies and cities, counties, and school districts, and to private citizens and groups, within the limitations of the resources available to the division. (B) This service shall be in addition to any services currently being provided to the General Assembly by any higher education institution, committee, or any other organization; and (25) Prepare, publish, amend, and distribute a research and development plan to guide investments in research and commercialization, strategic research, and technology-based enterprises. Amended by Act 2019, No. 315,§ 1050, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 335, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 334, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 333, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, §§ 3, 4; 1985, No. 409, §§ 3-6; A.S.A. 1947, §§ 6-1603, 6-1604; Acts 2005, No. 183, § 1; 2007, No. 988, § 1.

(a) The Division of Science and Technology of the Arkansas Economic Development Commission shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated and additional powers as conferred upon it by the General Assembly, the Director of the Arkansas Economic Development Commission, or the people of this state.

(b) The director, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, is authorized and designated to engage in undertakings, programs, enterprises, and activities involving agriculture, manufacturing, medical and healthcare, transportation, public utility services, research and development, and other programs involving the establishment and encouragement of science and technological research.

(c) The director, the division, and its board, employees, and agents shall be immune from civil liability for performing the duties under this subchapter.

(d) In the furtherance of the division's purposes, the director shall have all the powers necessary to carry out the division's purposes, which shall include, but not be limited to: (1) Make, amend, and repeal bylaws and rules for the management of the affairs of the division; (2) Adopt an official seal for the division; (3) Sue and be sued in his or her own name; (4) Make contracts and execute all instruments necessary or convenient for carrying out the business of the division; (5) Acquire, own, hold, dispose of, and encumber real or personal property of any nature, both tangible and intangible, or any interest therein; (6) Enter into agreements or other transactions with any federal, state, county, or municipal agency and with any individual, corporation, firm, association, or any other entity involving science and technology; (7) Acquire real property or an interest in real property by purchase or foreclosure when such an acquisition is necessary or appropriate to protect or secure any investment or loan in which the division has an interest; (8) Sell, transfer, and convey any such property to a buyer, and in the event the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, lease the property to a tenant; (9) Invest any funds appropriated by the state and held in reserve in funds not required for immediate disbursement, in investments that may be lawful for fiduciaries in the State of Arkansas, and invest funds received from gifts, grants, donations, and other operations of the division in investments that would be lawful for a private corporation having purposes similar to the division; (10) Borrow money and give guaranties, provided that the indebtedness and other obligations of the division shall be payable solely out of its own resources and shall not constitute a pledge of the full faith and credit of the State of Arkansas or any of its revenues; (11) [Repealed.] (12) Appear on behalf of the division before boards, commissions, departments, or other agencies of municipal, county, state, or federal government; (13) Procure insurance against any losses in connection with the properties of the division in amounts from insurers that may be necessary or desirable; (14) Consent, subject to the provisions of any contract with noteholders, whenever he or she deems it necessary or desirable in the fulfillment of the purposes of this subchapter, to the modifications with respect to the rate of interest, time payment, or of any installment, of principal and interest, or any terms of any contract or agreement of any kind to which the division is a party; (15) (A) Accept any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, services, or other things of value that may be received from the United States Government or any agency thereof, any governmental agency, or any institution, person, firm, or corporation, public or private, to be held, used, or applied for any or all of the purposes specified in this subchapter in accordance with the terms and conditions of any such grant. (B) Receipt of each such donation or grant shall be detailed in the annual report of the division. (C) This report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto; (16) Trade, buy, or sell qualified securities; (17) Finance, conduct, or cooperate in the financing or conducting of scientific, technological, business, financial, or other investigations that are related or likely to lead to business and economic development involving science and technology by making and entering into contracts or other appropriate arrangements, including the provision of grants, loans, and other forms of assistance; (18) Solicit, study, and assist in the preparation of business plans and proposals of new or established science and technologically oriented businesses and advance the state of science in Arkansas for those purposes; (19) Prepare, publish, and distribute, with or without charge as the director may determine, such technological studies, reports, bulletins, and other materials as he or she deems appropriate, subject only to the maintenance and responsibility for confidentiality of the client's proprietary information; (20) Organize, conduct, sponsor, or cooperate in and assist the conduct of special institutes, conferences, demonstrations, and studies relating to the stimulation and formulation of basic science, applied science, and technologically oriented businesses and studies relating to the formulation of scientific or technologically oriented business and industry endeavors; (21) Own and possess patents, copyrights, and proprietary processes and enter into contracts and establish charges for the use of such patents, copyrights, and proprietary processes involving science or technology; (22) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of this subchapter; (23) Exercise any other powers necessary for the operation and functioning of the division within the purposes authorized in this subchapter; (24) (A) Provide scientific and technological data and information required by the Governor, the General Assembly, or its committees, to state agencies and cities, counties, and school districts, and to private citizens and groups, within the limitations of the resources available to the division. (B) This service shall be in addition to any services currently being provided to the General Assembly by any higher education institution, committee, or any other organization; and (25) Prepare, publish, amend, and distribute a research and development plan to guide investments in research and commercialization, strategic research, and technology-based enterprises.

(1) Make, amend, and repeal bylaws and rules for the management of the affairs of the division;

(2) Adopt an official seal for the division;

(3) Sue and be sued in his or her own name;

(4) Make contracts and execute all instruments necessary or convenient for carrying out the business of the division;

(5) Acquire, own, hold, dispose of, and encumber real or personal property of any nature, both tangible and intangible, or any interest therein;

(6) Enter into agreements or other transactions with any federal, state, county, or municipal agency and with any individual, corporation, firm, association, or any other entity involving science and technology;

(7) Acquire real property or an interest in real property by purchase or foreclosure when such an acquisition is necessary or appropriate to protect or secure any investment or loan in which the division has an interest;

(8) Sell, transfer, and convey any such property to a buyer, and in the event the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, lease the property to a tenant;

(9) Invest any funds appropriated by the state and held in reserve in funds not required for immediate disbursement, in investments that may be lawful for fiduciaries in the State of Arkansas, and invest funds received from gifts, grants, donations, and other operations of the division in investments that would be lawful for a private corporation having purposes similar to the division;

(10) Borrow money and give guaranties, provided that the indebtedness and other obligations of the division shall be payable solely out of its own resources and shall not constitute a pledge of the full faith and credit of the State of Arkansas or any of its revenues;

(11) [Repealed.]

(12) Appear on behalf of the division before boards, commissions, departments, or other agencies of municipal, county, state, or federal government;

(13) Procure insurance against any losses in connection with the properties of the division in amounts from insurers that may be necessary or desirable;

(14) Consent, subject to the provisions of any contract with noteholders, whenever he or she deems it necessary or desirable in the fulfillment of the purposes of this subchapter, to the modifications with respect to the rate of interest, time payment, or of any installment, of principal and interest, or any terms of any contract or agreement of any kind to which the division is a party;

(15) (A) Accept any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, services, or other things of value that may be received from the United States Government or any agency thereof, any governmental agency, or any institution, person, firm, or corporation, public or private, to be held, used, or applied for any or all of the purposes specified in this subchapter in accordance with the terms and conditions of any such grant. (B) Receipt of each such donation or grant shall be detailed in the annual report of the division. (C) This report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto;

(A) Accept any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, services, or other things of value that may be received from the United States Government or any agency thereof, any governmental agency, or any institution, person, firm, or corporation, public or private, to be held, used, or applied for any or all of the purposes specified in this subchapter in accordance with the terms and conditions of any such grant.

(B) Receipt of each such donation or grant shall be detailed in the annual report of the division.

(C) This report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto;

(16) Trade, buy, or sell qualified securities;

(17) Finance, conduct, or cooperate in the financing or conducting of scientific, technological, business, financial, or other investigations that are related or likely to lead to business and economic development involving science and technology by making and entering into contracts or other appropriate arrangements, including the provision of grants, loans, and other forms of assistance;

(18) Solicit, study, and assist in the preparation of business plans and proposals of new or established science and technologically oriented businesses and advance the state of science in Arkansas for those purposes;

(19) Prepare, publish, and distribute, with or without charge as the director may determine, such technological studies, reports, bulletins, and other materials as he or she deems appropriate, subject only to the maintenance and responsibility for confidentiality of the client's proprietary information;

(20) Organize, conduct, sponsor, or cooperate in and assist the conduct of special institutes, conferences, demonstrations, and studies relating to the stimulation and formulation of basic science, applied science, and technologically oriented businesses and studies relating to the formulation of scientific or technologically oriented business and industry endeavors;

(21) Own and possess patents, copyrights, and proprietary processes and enter into contracts and establish charges for the use of such patents, copyrights, and proprietary processes involving science or technology;

(22) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of this subchapter;

(23) Exercise any other powers necessary for the operation and functioning of the division within the purposes authorized in this subchapter;

(24) (A) Provide scientific and technological data and information required by the Governor, the General Assembly, or its committees, to state agencies and cities, counties, and school districts, and to private citizens and groups, within the limitations of the resources available to the division. (B) This service shall be in addition to any services currently being provided to the General Assembly by any higher education institution, committee, or any other organization; and

(A) Provide scientific and technological data and information required by the Governor, the General Assembly, or its committees, to state agencies and cities, counties, and school districts, and to private citizens and groups, within the limitations of the resources available to the division.

(B) This service shall be in addition to any services currently being provided to the General Assembly by any higher education institution, committee, or any other organization; and

(25) Prepare, publish, amend, and distribute a research and development plan to guide investments in research and commercialization, strategic research, and technology-based enterprises.

Amended by Act 2019, No. 315,§ 1050, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 335, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 334, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 333, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015.

Acts 1983, No. 859, §§ 3, 4; 1985, No. 409, §§ 3-6; A.S.A. 1947, §§ 6-1603, 6-1604; Acts 2005, No. 183, § 1; 2007, No. 988, § 1.
Ark. Code Ann. § 15-22-1313 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1313
Withholding general revenue turnback
Status: in_force

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more than ninety (90) days past the due date in accordance with the written instrument for the repayment of its bonds, notes, or other evidences of indebtedness purchased by the Arkansas Natural Resources Commission with proceeds of the commission's bonds issued under this subchapter, after notification to the city, town, county, or political subdivision, the commission may certify to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the: (1) Name of the city, town, county, or political subdivision; and (2) Amount of deficiencies ninety (90) days or more past due. (b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback as the share is defined in the Revenue Stabilization Law, § 19-5-101 et seq., the amount so certified as due the commission and to transfer the amount as directed by the commission for use as provided by law. Acts 2003, No. 598, § 1; 2005, No. 1962, § 68.

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more than ninety (90) days past the due date in accordance with the written instrument for the repayment of its bonds, notes, or other evidences of indebtedness purchased by the Arkansas Natural Resources Commission with proceeds of the commission's bonds issued under this subchapter, after notification to the city, town, county, or political subdivision, the commission may certify to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the: (1) Name of the city, town, county, or political subdivision; and (2) Amount of deficiencies ninety (90) days or more past due.

(1) Name of the city, town, county, or political subdivision; and

(2) Amount of deficiencies ninety (90) days or more past due.

(b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback as the share is defined in the Revenue Stabilization Law, § 19-5-101 et seq., the amount so certified as due the commission and to transfer the amount as directed by the commission for use as provided by law.

Acts 2003, No. 598, § 1; 2005, No. 1962, § 68.
Ark. Code Ann. § 15-4-1908 — AR Code / Title 15 / Chapter 4 / Subchapter 19 / Section 15-4-1908
Effect of participation
Status: in_force

Receiving benefits for a project pursuant to this subchapter will preclude a business from receiving benefits under any other tax incentive program for that same project. Acts 1995, No. 831, § 8.

Receiving benefits for a project pursuant to this subchapter will preclude a business from receiving benefits under any other tax incentive program for that same project.

Acts 1995, No. 831, § 8.
Ark. Code Ann. § 15-72-318 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-318
Order requiring salt water disposal unit operation - Contents
Status: in_force

The order requiring salt water disposal unit operation shall be fair and reasonable under all circumstances and shall include: (1) A description of the salt water disposal unit area; (2) An allocation, whereby the portion of production allocated to the owner of each tract included in the unit operating agreement shall be a basis for such charges to be made against each tract for the disposal of salt water produced by the operation of the unit as a whole and shall be considered as expenses of unit operation for the disposal of salt water; (3) The time at which the salt water disposal unit operation shall commence; and (4) Those additional provisions, not in conflict with or inconsistent with the salt water disposal unit operating agreement, which the Oil and Gas Commission determines to be appropriate for the prevention of waste, water pollution, and the protection of all interested parties. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; 1973, No. 22, § 1; A.S.A. 1947, § 53-115.

The order requiring salt water disposal unit operation shall be fair and reasonable under all circumstances and shall include:

(1) A description of the salt water disposal unit area;

(2) An allocation, whereby the portion of production allocated to the owner of each tract included in the unit operating agreement shall be a basis for such charges to be made against each tract for the disposal of salt water produced by the operation of the unit as a whole and shall be considered as expenses of unit operation for the disposal of salt water;

(3) The time at which the salt water disposal unit operation shall commence; and

(4) Those additional provisions, not in conflict with or inconsistent with the salt water disposal unit operating agreement, which the Oil and Gas Commission determines to be appropriate for the prevention of waste, water pollution, and the protection of all interested parties.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; 1973, No. 22, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-60-108 — AR Code / Title 15 / Chapter 60 / Section 15-60-108
License issuance and expiration
Status: in_force

Every license granted shall date from the first day of the month in which it is issued and expire on the following December 31. Acts 1943, No. 86, § 5; A.S.A. 1947, § 52-805.

Every license granted shall date from the first day of the month in which it is issued and expire on the following December 31.

Acts 1943, No. 86, § 5; A.S.A. 1947, § 52-805.
Ark. Code Ann. § 15-11-208 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-208
Effect of sections 15-11-201 and 15-11-202
Status: in_force

Nothing in §§ 15-11-201 and 15-11-202 shall be deemed to affect in any manner the placing of the State Parks, Recreation, and Travel Commission under any other principal department or subdivision of a principal department by any law now or hereafter enacted. Acts 1971, No. 86, § 3; A.S.A. 1947, § 9-202.3.

Nothing in §§ 15-11-201 and 15-11-202 shall be deemed to affect in any manner the placing of the State Parks, Recreation, and Travel Commission under any other principal department or subdivision of a principal department by any law now or hereafter enacted.

Acts 1971, No. 86, § 3; A.S.A. 1947, § 9-202.3.
Ark. Code Ann. § 15-45-210 — AR Code / Title 15 / Chapter 45 / Subchapter 2 / Section 15-45-210
Entire state as wild fowl sanctuary - Permits for scientific study, etc
Status: in_force

(a) The entire State of Arkansas is designated, and shall constitute, a sanctuary for wild fowl of all species except black birds, crows, and starlings. No person shall catch, kill, injure, pursue, or have in his or her possession, either dead or alive, or purchase, expose for sale, transport, or ship to a point within or without the state, or receive or deliver for transportation any species of wild fowl except black birds, crows, and starlings unless authorized to do so by a validly adopted regulation of the Arkansas State Game and Fish Commission or by a federal regulation constitutionally adopted and imposed. However, sparrows and pigeons shall be excluded from the provisions of this section, provided that the exemption of pigeons from the provisions of this section shall not apply to Birmingham roller pigeons. (b) (1) Nothing contained in this section shall prohibit any person or institution from collecting wild birds or their nests or eggs, except birds protected by federal or state game laws, for scientific study, school instruction, or other educational uses. (2) Any person desiring to collect birds or their nests or eggs by authority of this section shall make application with the Director of the Arkansas State Game and Fish Commission for a scientific collecting permit on a form furnished by the director. (3) This application shall state the interest and need of the applicant in collection and the species and the number desired to be collected. (4) Upon issuance of the permit, the holder shall carry the permit at all times while engaged in collecting and shall exhibit the permit upon demand to any law enforcement officer or person in lawful control of the land upon which he or she is collecting. (5) A record shall be kept at all times by the permit holder of the number and variety of birds or their nests or eggs collected by authority of the permit, and a copy shall be sent to the Director of the Arkansas State Game and Fish Commission on or before June 30 of each year or upon demand by the director. (6) Each permit shall be issued for a period of one (1) year from date and shall be issued without charge. (c) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed fifty dollars ($50.00). Acts 1967, No. 78, §§ 1, 2, 4; A.S.A. 1947, §§ 47-709 -- 47-711.

(a) The entire State of Arkansas is designated, and shall constitute, a sanctuary for wild fowl of all species except black birds, crows, and starlings. No person shall catch, kill, injure, pursue, or have in his or her possession, either dead or alive, or purchase, expose for sale, transport, or ship to a point within or without the state, or receive or deliver for transportation any species of wild fowl except black birds, crows, and starlings unless authorized to do so by a validly adopted regulation of the Arkansas State Game and Fish Commission or by a federal regulation constitutionally adopted and imposed. However, sparrows and pigeons shall be excluded from the provisions of this section, provided that the exemption of pigeons from the provisions of this section shall not apply to Birmingham roller pigeons.

(b) (1) Nothing contained in this section shall prohibit any person or institution from collecting wild birds or their nests or eggs, except birds protected by federal or state game laws, for scientific study, school instruction, or other educational uses. (2) Any person desiring to collect birds or their nests or eggs by authority of this section shall make application with the Director of the Arkansas State Game and Fish Commission for a scientific collecting permit on a form furnished by the director. (3) This application shall state the interest and need of the applicant in collection and the species and the number desired to be collected. (4) Upon issuance of the permit, the holder shall carry the permit at all times while engaged in collecting and shall exhibit the permit upon demand to any law enforcement officer or person in lawful control of the land upon which he or she is collecting. (5) A record shall be kept at all times by the permit holder of the number and variety of birds or their nests or eggs collected by authority of the permit, and a copy shall be sent to the Director of the Arkansas State Game and Fish Commission on or before June 30 of each year or upon demand by the director. (6) Each permit shall be issued for a period of one (1) year from date and shall be issued without charge.

(1) Nothing contained in this section shall prohibit any person or institution from collecting wild birds or their nests or eggs, except birds protected by federal or state game laws, for scientific study, school instruction, or other educational uses.

(2) Any person desiring to collect birds or their nests or eggs by authority of this section shall make application with the Director of the Arkansas State Game and Fish Commission for a scientific collecting permit on a form furnished by the director.

(3) This application shall state the interest and need of the applicant in collection and the species and the number desired to be collected.

(4) Upon issuance of the permit, the holder shall carry the permit at all times while engaged in collecting and shall exhibit the permit upon demand to any law enforcement officer or person in lawful control of the land upon which he or she is collecting.

(5) A record shall be kept at all times by the permit holder of the number and variety of birds or their nests or eggs collected by authority of the permit, and a copy shall be sent to the Director of the Arkansas State Game and Fish Commission on or before June 30 of each year or upon demand by the director.

(6) Each permit shall be issued for a period of one (1) year from date and shall be issued without charge.

(c) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed fifty dollars ($50.00).

Acts 1967, No. 78, §§ 1, 2, 4; A.S.A. 1947, §§ 47-709 -- 47-711.
Ark. Code Ann. § 15-42-130 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-130
Anatomical gift option for online license purchases
Status: in_force

(a) The Arkansas State Game and Fish Commission may allow a resident who applies for a license to hunt or fish through the commission's online sales system to indicate a desire to make an anatomical gift on his or her online application. (b) If the commission authorizes an anatomical gift option through its online sales system, the online sales system shall contain statements sufficient to comply with the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., so that execution of the application makes the anatomical gift effective for a resident indicating a desire to make an anatomical gift. (c) The commission may: (1) Provide a link on its website to a federally designated organ procurement organization website that contains information describing: (A) Arkansas laws regarding anatomical gifts; (B) The need for and benefits of anatomical gifts; and (C) The legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts; (2) Provide education to Arkansas residents who hunt and fish by distributing information regarding anatomical gifts and how to register to make an anatomical gift; (3) Distribute information regarding an anatomical gift through print and digital communications targeting Arkansas residents who hunt and fish; and (4) Prepare the information regarding an anatomical gift in conjunction with an organ procurement organization created, organized, and existing under the laws of the state. (d) (1) If the commission authorizes an anatomical gift option through the commission's online sales system, the commission is not required to keep the physical record of the donor's application after issuing the license in order for the anatomical gift indication to be valid. (2) (A) However, the commission shall provide information required under § 20-17-618 for an individual who has indicated consent on an online sales system transaction to share private data for the record of registered donors. (B) The information submitted under subdivision (d)(2)(A) of this section is classified as private information and is required to be shared only as provided in § 20-17-618 . Added by Act 2019, No. 793,§ 2, eff. 7/24/2019.

(a) The Arkansas State Game and Fish Commission may allow a resident who applies for a license to hunt or fish through the commission's online sales system to indicate a desire to make an anatomical gift on his or her online application.

(b) If the commission authorizes an anatomical gift option through its online sales system, the online sales system shall contain statements sufficient to comply with the Revised Arkansas Anatomical Gift Act, § 20-17-1201 et seq., so that execution of the application makes the anatomical gift effective for a resident indicating a desire to make an anatomical gift.

(c) The commission may: (1) Provide a link on its website to a federally designated organ procurement organization website that contains information describing: (A) Arkansas laws regarding anatomical gifts; (B) The need for and benefits of anatomical gifts; and (C) The legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts; (2) Provide education to Arkansas residents who hunt and fish by distributing information regarding anatomical gifts and how to register to make an anatomical gift; (3) Distribute information regarding an anatomical gift through print and digital communications targeting Arkansas residents who hunt and fish; and (4) Prepare the information regarding an anatomical gift in conjunction with an organ procurement organization created, organized, and existing under the laws of the state.

(1) Provide a link on its website to a federally designated organ procurement organization website that contains information describing: (A) Arkansas laws regarding anatomical gifts; (B) The need for and benefits of anatomical gifts; and (C) The legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts;

(A) Arkansas laws regarding anatomical gifts;

(B) The need for and benefits of anatomical gifts; and

(C) The legal implications of making an anatomical gift, including the law governing revocation of anatomical gifts;

(2) Provide education to Arkansas residents who hunt and fish by distributing information regarding anatomical gifts and how to register to make an anatomical gift;

(3) Distribute information regarding an anatomical gift through print and digital communications targeting Arkansas residents who hunt and fish; and

(4) Prepare the information regarding an anatomical gift in conjunction with an organ procurement organization created, organized, and existing under the laws of the state.

(d) (1) If the commission authorizes an anatomical gift option through the commission's online sales system, the commission is not required to keep the physical record of the donor's application after issuing the license in order for the anatomical gift indication to be valid. (2) (A) However, the commission shall provide information required under § 20-17-618 for an individual who has indicated consent on an online sales system transaction to share private data for the record of registered donors. (B) The information submitted under subdivision (d)(2)(A) of this section is classified as private information and is required to be shared only as provided in § 20-17-618 .

(1) If the commission authorizes an anatomical gift option through the commission's online sales system, the commission is not required to keep the physical record of the donor's application after issuing the license in order for the anatomical gift indication to be valid.

(2) (A) However, the commission shall provide information required under § 20-17-618 for an individual who has indicated consent on an online sales system transaction to share private data for the record of registered donors. (B) The information submitted under subdivision (d)(2)(A) of this section is classified as private information and is required to be shared only as provided in § 20-17-618 .

(A) However, the commission shall provide information required under § 20-17-618 for an individual who has indicated consent on an online sales system transaction to share private data for the record of registered donors.

(B) The information submitted under subdivision (d)(2)(A) of this section is classified as private information and is required to be shared only as provided in § 20-17-618 .

Added by Act 2019, No. 793,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 15-20-1003 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission; (2) "Crop" means any vegetative cover; (3) [Repealed.] (4) "Litter" means byproducts associated with the confinement of livestock, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof; (5) "Livestock" means animals kept or raised for use or pleasure, especially farm animals kept for use and profit, including horses, cattle, swine, and poultry; (6) (A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value. (B) "Nutrient" includes litter, compost as fertilizer, commercially manufactured chemical or organic fertilizers, sewage sludge, or combinations thereof; (7) "Nutrient application" means the process by which humans apply nutrients to soil or associated crops; (8) "Nutrient applicator" means any person who applies nutrients to soil or associated crops; (9) "Nutrient management plan" means any plan prepared to assist landowners and operators in the proper management and utilization of nutrient sources for maximum soil fertility and protection of the waters within the state; (10) (A) "Nutrient surplus area" means the: (i) Illinois River watershed, included within Benton, Crawford, and Washington counties; (ii) Spavinaw Creek watershed, included within Benton County; (iii) Honey Creek watershed, included within Benton County; (iv) Little Sugar Creek watershed, included within Benton County; (v) Upper Arkansas River watershed, which includes Lee Creek within Crawford and Washington counties and Massard Creek within Sebastian County; (vi) Poteau River watershed, included within Polk, Scott, and Sebastian counties; (vii) Mountain Fork of the Little River watershed, included within Polk County; and (viii) Upper White River watershed above its confluence with the Crooked Creek. (B) No additional areas may be added unless the areas are added as nutrient surplus areas pursuant to the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.; (11) "Person" means any natural person; and (12) "Waters within the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, including surface and underground, natural or artificial, and public or private, that are contained within, flow through, or border upon this state or any portion of the state. Amended by Act 2019, No. 910,§ 65, eff. 7/1/2019. Acts 2003, No. 1059, § 1; 2005, No. 253, § 1.

As used in this subchapter:

(1) "Commission" means the Arkansas Natural Resources Commission;

(2) "Crop" means any vegetative cover;

(3) [Repealed.]

(4) "Litter" means byproducts associated with the confinement of livestock, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof;

(5) "Livestock" means animals kept or raised for use or pleasure, especially farm animals kept for use and profit, including horses, cattle, swine, and poultry;

(6) (A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value. (B) "Nutrient" includes litter, compost as fertilizer, commercially manufactured chemical or organic fertilizers, sewage sludge, or combinations thereof;

(A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value.

(B) "Nutrient" includes litter, compost as fertilizer, commercially manufactured chemical or organic fertilizers, sewage sludge, or combinations thereof;

(7) "Nutrient application" means the process by which humans apply nutrients to soil or associated crops;

(8) "Nutrient applicator" means any person who applies nutrients to soil or associated crops;

(9) "Nutrient management plan" means any plan prepared to assist landowners and operators in the proper management and utilization of nutrient sources for maximum soil fertility and protection of the waters within the state;

(10) (A) "Nutrient surplus area" means the: (i) Illinois River watershed, included within Benton, Crawford, and Washington counties; (ii) Spavinaw Creek watershed, included within Benton County; (iii) Honey Creek watershed, included within Benton County; (iv) Little Sugar Creek watershed, included within Benton County; (v) Upper Arkansas River watershed, which includes Lee Creek within Crawford and Washington counties and Massard Creek within Sebastian County; (vi) Poteau River watershed, included within Polk, Scott, and Sebastian counties; (vii) Mountain Fork of the Little River watershed, included within Polk County; and (viii) Upper White River watershed above its confluence with the Crooked Creek. (B) No additional areas may be added unless the areas are added as nutrient surplus areas pursuant to the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.;

(A) "Nutrient surplus area" means the: (i) Illinois River watershed, included within Benton, Crawford, and Washington counties; (ii) Spavinaw Creek watershed, included within Benton County; (iii) Honey Creek watershed, included within Benton County; (iv) Little Sugar Creek watershed, included within Benton County; (v) Upper Arkansas River watershed, which includes Lee Creek within Crawford and Washington counties and Massard Creek within Sebastian County; (vi) Poteau River watershed, included within Polk, Scott, and Sebastian counties; (vii) Mountain Fork of the Little River watershed, included within Polk County; and (viii) Upper White River watershed above its confluence with the Crooked Creek.

(i) Illinois River watershed, included within Benton, Crawford, and Washington counties;

(ii) Spavinaw Creek watershed, included within Benton County;

(iii) Honey Creek watershed, included within Benton County;

(iv) Little Sugar Creek watershed, included within Benton County;

(v) Upper Arkansas River watershed, which includes Lee Creek within Crawford and Washington counties and Massard Creek within Sebastian County;

(vi) Poteau River watershed, included within Polk, Scott, and Sebastian counties;

(vii) Mountain Fork of the Little River watershed, included within Polk County; and

(viii) Upper White River watershed above its confluence with the Crooked Creek.

(B) No additional areas may be added unless the areas are added as nutrient surplus areas pursuant to the Arkansas Soil Nutrient Application and Poultry Litter Utilization Act, § 15-20-1101 et seq.;

(11) "Person" means any natural person; and

(12) "Waters within the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, including surface and underground, natural or artificial, and public or private, that are contained within, flow through, or border upon this state or any portion of the state.

Amended by Act 2019, No. 910,§ 65, eff. 7/1/2019.

Acts 2003, No. 1059, § 1; 2005, No. 253, § 1.
Ark. Code Ann. § 15-23-904 — AR Code / Title 15 / Chapter 23 / Subchapter 9 / Section 15-23-904
Authority to establish programs
Status: in_force

(a) The Arkansas Waterways Commission, working in partnership with the Arkansas Economic Development Commission, may establish by rule the criteria of eligibility for awarding funds to any public port authority to aid in the development of port infrastructure, including the engineering and construction costs. (b) The rules shall be reviewed by the House Committee on Public Transportation and the Senate Committee on Public Transportation, Technology, and Legislative Affairs. Amended by Act 2019, No. 315,§ 1145, eff. 7/24/2019. Acts 2001, No. 1546, § 1.

(a) The Arkansas Waterways Commission, working in partnership with the Arkansas Economic Development Commission, may establish by rule the criteria of eligibility for awarding funds to any public port authority to aid in the development of port infrastructure, including the engineering and construction costs.

(b) The rules shall be reviewed by the House Committee on Public Transportation and the Senate Committee on Public Transportation, Technology, and Legislative Affairs.

Amended by Act 2019, No. 315,§ 1145, eff. 7/24/2019.

Acts 2001, No. 1546, § 1.
Ark. Code Ann. § 15-75-303 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-303
Certification of competency required
Status: in_force

(a) No person shall transport, deliver, or handle liquefied petroleum gases or install any container or system, or connect any container to any liquefied petroleum gas system unless and until he or she shall have been certified by the Liquefied Petroleum Gas Board, which shall conduct an examination to determine whether he or she has sufficient knowledge and skill to perform the work in a safe and satisfactory manner. (b) No certificate or permit shall be required for the storing and handling of portable containers or cylinders constructed in compliance with federal Department of Transportation regulations at cylinder exchange stations set up and established by authorized liquefied petroleum gas dealers as a means of furnishing adequate facilities for the convenient exchange of exhausted containers for fully serviced ones by their customers if: (1) The water gallon capacity of any container does not exceed thirty (30) gallons; (2) All cylinders are serviced by the authorized dealer at approved cylinder filling plants and transported to the exchange station by accepted methods; (3) There is no sale of containers or their contents to the exchange station for resale to the user; (4) The exchange station operator is properly instructed by the dealer in the appropriate safety procedures necessary for the operation of the station. Acts 1965, No. 31, § 22; A.S.A. 1947, § 53-721; Acts 1987, No. 375, § 1; 1987, No. 842, § 1.

(a) No person shall transport, deliver, or handle liquefied petroleum gases or install any container or system, or connect any container to any liquefied petroleum gas system unless and until he or she shall have been certified by the Liquefied Petroleum Gas Board, which shall conduct an examination to determine whether he or she has sufficient knowledge and skill to perform the work in a safe and satisfactory manner.

(b) No certificate or permit shall be required for the storing and handling of portable containers or cylinders constructed in compliance with federal Department of Transportation regulations at cylinder exchange stations set up and established by authorized liquefied petroleum gas dealers as a means of furnishing adequate facilities for the convenient exchange of exhausted containers for fully serviced ones by their customers if: (1) The water gallon capacity of any container does not exceed thirty (30) gallons; (2) All cylinders are serviced by the authorized dealer at approved cylinder filling plants and transported to the exchange station by accepted methods; (3) There is no sale of containers or their contents to the exchange station for resale to the user; (4) The exchange station operator is properly instructed by the dealer in the appropriate safety procedures necessary for the operation of the station.

(1) The water gallon capacity of any container does not exceed thirty (30) gallons;

(2) All cylinders are serviced by the authorized dealer at approved cylinder filling plants and transported to the exchange station by accepted methods;

(3) There is no sale of containers or their contents to the exchange station for resale to the user;

(4) The exchange station operator is properly instructed by the dealer in the appropriate safety procedures necessary for the operation of the station.

Acts 1965, No. 31, § 22; A.S.A. 1947, § 53-721; Acts 1987, No. 375, § 1; 1987, No. 842, § 1.
Ark. Code Ann. § 15-20-1402 — AR Code / Title 15 / Chapter 20 / Subchapter 14 / Section 15-20-1402
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Biosolid" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works and includes without restriction: (i) Domestic septage; (ii) Scum or solids removed in a primary, secondary, or advanced wastewater treatment process; and (iii) Material derived from a biosolid. (B) "Biosolid" does not include the following: (i) Ash generated during the firing of a biosolid in a biosolid incinerator; or (ii) Grit and screenings generated during preliminary treatment of domestic sewage in a treatment works; (2) (A) "Domestic septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, marine sanitation device designed to prevent overboard discharge of sewage, or similar treatment works that receives only domestic sewage. (B) "Domestic septage" does not include the following: (i) Liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives commercial wastewater or industrial wastewater; and (ii) Grease removed from a grease trap at a restaurant; (3) "Domestic sewage" means waste and wastewater from a human or a residence that is discharged to or otherwise enters a treatment works; (4) "Eligible premium biosolid" means a premium biosolid that is sold: (A) In bulk and not in bags or other containers or vehicles having a capacity of one (1) metric ton or less; (B) By a farm supply dealer or other retailer located in the state; and (C) For application to land in a location and manner not likely to cause water pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.; (5) "Incentive certification" means a written certification that contains the following information with respect to the sale and purchase of an eligible premium biosolid: (A) The name and business address of the: (i) Seller; and (ii) Purchaser; (B) The date of the sale; (C) The amount of the eligible premium biosolid, stated in tons and rounded up to the nearest one tenth (1/10) of a ton; (D) The type of land on which the eligible premium biosolid is to be applied; (E) The approximate number of acres of the land on which the eligible premium biosolid is to be applied; (F) The county of the location of the land on which the eligible premium biosolid is to be applied; (G) A statement that the purchaser has taken delivery of the eligible premium biosolid and has received from the seller a credit against the purchase price equal to the amount of the cost-share incentive due the seller from the Arkansas Water Development Fund under this subchapter; and (H) The signature of the: (i) Seller; and (ii) Purchaser; (6) "Land" means land located within the state and includes without restriction: (A) Agricultural land; (B) Pasture land; (C) Forest land; (D) A reclamation site; (E) A public park; and (F) A golf course; (7) "Premium biosolid" means a biosolid fertilizer that meets the pollutant concentration limits of Table 3 of 40 C.F.R. § 503.13 as it existed on November 1, 2010, Class A pathogen reduction limits, and one (1) of the vector attraction reduction requirements of 40 C.F.R. § 503.33(b)(1) - (8) , as it existed on November 1, 2010; and (8) "Treatment works" means a federally owned, publicly owned, or privately owned device or system used to treat, recycle, or reclaim domestic sewage or a combination of domestic sewage and liquid industrial waste. Acts 2011, No. 333, § 1.

As used in this subchapter:

(1) (A) "Biosolid" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works and includes without restriction: (i) Domestic septage; (ii) Scum or solids removed in a primary, secondary, or advanced wastewater treatment process; and (iii) Material derived from a biosolid. (B) "Biosolid" does not include the following: (i) Ash generated during the firing of a biosolid in a biosolid incinerator; or (ii) Grit and screenings generated during preliminary treatment of domestic sewage in a treatment works;

(A) "Biosolid" means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works and includes without restriction: (i) Domestic septage; (ii) Scum or solids removed in a primary, secondary, or advanced wastewater treatment process; and (iii) Material derived from a biosolid.

(i) Domestic septage;

(ii) Scum or solids removed in a primary, secondary, or advanced wastewater treatment process; and

(iii) Material derived from a biosolid.

(B) "Biosolid" does not include the following: (i) Ash generated during the firing of a biosolid in a biosolid incinerator; or (ii) Grit and screenings generated during preliminary treatment of domestic sewage in a treatment works;

(i) Ash generated during the firing of a biosolid in a biosolid incinerator; or

(ii) Grit and screenings generated during preliminary treatment of domestic sewage in a treatment works;

(2) (A) "Domestic septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, marine sanitation device designed to prevent overboard discharge of sewage, or similar treatment works that receives only domestic sewage. (B) "Domestic septage" does not include the following: (i) Liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives commercial wastewater or industrial wastewater; and (ii) Grease removed from a grease trap at a restaurant;

(A) "Domestic septage" means liquid or solid material removed from a septic tank, cesspool, portable toilet, marine sanitation device designed to prevent overboard discharge of sewage, or similar treatment works that receives only domestic sewage.

(B) "Domestic septage" does not include the following: (i) Liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives commercial wastewater or industrial wastewater; and (ii) Grease removed from a grease trap at a restaurant;

(i) Liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives commercial wastewater or industrial wastewater; and

(ii) Grease removed from a grease trap at a restaurant;

(3) "Domestic sewage" means waste and wastewater from a human or a residence that is discharged to or otherwise enters a treatment works;

(4) "Eligible premium biosolid" means a premium biosolid that is sold: (A) In bulk and not in bags or other containers or vehicles having a capacity of one (1) metric ton or less; (B) By a farm supply dealer or other retailer located in the state; and (C) For application to land in a location and manner not likely to cause water pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.;

(A) In bulk and not in bags or other containers or vehicles having a capacity of one (1) metric ton or less;

(B) By a farm supply dealer or other retailer located in the state; and

(C) For application to land in a location and manner not likely to cause water pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.;

(5) "Incentive certification" means a written certification that contains the following information with respect to the sale and purchase of an eligible premium biosolid: (A) The name and business address of the: (i) Seller; and (ii) Purchaser; (B) The date of the sale; (C) The amount of the eligible premium biosolid, stated in tons and rounded up to the nearest one tenth (1/10) of a ton; (D) The type of land on which the eligible premium biosolid is to be applied; (E) The approximate number of acres of the land on which the eligible premium biosolid is to be applied; (F) The county of the location of the land on which the eligible premium biosolid is to be applied; (G) A statement that the purchaser has taken delivery of the eligible premium biosolid and has received from the seller a credit against the purchase price equal to the amount of the cost-share incentive due the seller from the Arkansas Water Development Fund under this subchapter; and (H) The signature of the: (i) Seller; and (ii) Purchaser;

(A) The name and business address of the: (i) Seller; and (ii) Purchaser;

(i) Seller; and

(ii) Purchaser;

(B) The date of the sale;

(C) The amount of the eligible premium biosolid, stated in tons and rounded up to the nearest one tenth (1/10) of a ton;

(D) The type of land on which the eligible premium biosolid is to be applied;

(E) The approximate number of acres of the land on which the eligible premium biosolid is to be applied;

(F) The county of the location of the land on which the eligible premium biosolid is to be applied;

(G) A statement that the purchaser has taken delivery of the eligible premium biosolid and has received from the seller a credit against the purchase price equal to the amount of the cost-share incentive due the seller from the Arkansas Water Development Fund under this subchapter; and

(H) The signature of the: (i) Seller; and (ii) Purchaser;

(i) Seller; and

(ii) Purchaser;

(6) "Land" means land located within the state and includes without restriction: (A) Agricultural land; (B) Pasture land; (C) Forest land; (D) A reclamation site; (E) A public park; and (F) A golf course;

(A) Agricultural land;

(B) Pasture land;

(C) Forest land;

(D) A reclamation site;

(E) A public park; and

(F) A golf course;

(7) "Premium biosolid" means a biosolid fertilizer that meets the pollutant concentration limits of Table 3 of 40 C.F.R. § 503.13 as it existed on November 1, 2010, Class A pathogen reduction limits, and one (1) of the vector attraction reduction requirements of 40 C.F.R. § 503.33(b)(1) - (8) , as it existed on November 1, 2010; and

(8) "Treatment works" means a federally owned, publicly owned, or privately owned device or system used to treat, recycle, or reclaim domestic sewage or a combination of domestic sewage and liquid industrial waste.

Acts 2011, No. 333, § 1.
Ark. Code Ann. § 15-43-316 — AR Code / Title 15 / Chapter 43 / Subchapter 3 / Section 15-43-316
Use of electrical device for stunning and taking fish
Status: in_force

(a) It shall be unlawful for any person to use, possess, transport, or attempt to use any electrical device for the purpose of stunning, stupefying, or taking fish from any of the waters of this state. (b) Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) or imprisoned in the county jail not exceeding one (1) year, or both fine and imprisonment. Acts 1955, No. 46, §§ 1, 2; A.S.A. 1947, §§ 47-419, 47-420.

(a) It shall be unlawful for any person to use, possess, transport, or attempt to use any electrical device for the purpose of stunning, stupefying, or taking fish from any of the waters of this state.

(b) Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than one thousand dollars ($1,000) or imprisoned in the county jail not exceeding one (1) year, or both fine and imprisonment.

Acts 1955, No. 46, §§ 1, 2; A.S.A. 1947, §§ 47-419, 47-420.
Ark. Code Ann. § 15-10-305 — AR Code / Title 15 / Chapter 10 / Subchapter 3 / Section 15-10-305
Coordinator of Atomic Development Activities
Status: in_force

(a) (1) The Governor may appoint a citizen of this state as the Coordinator of Atomic Development Activities. (2) The person appointed shall serve as: (A) Advisor to the Governor with respect to atomic industrial development within the state; (B) Coordinator of the development and regulatory activities of the state relating to the industrial and commercial uses of atomic energy; and (C) Deputy of the Governor in matters relating to atomic energy, including cooperation with other states and with the United States Government. (b) (1) The coordinator shall have the duty of coordinating the studies, recommendations, and proposals of the several departments and agencies of the state and its political subdivisions required by § 15-10-304 with each other and also with the programs and activities of the Arkansas Economic Development Council. (2) So far as may be practicable, he or she shall coordinate the studies conducted and the recommendations and proposals made in this state with like activities in other states and with the policies and regulations of the United States Nuclear Regulatory Commission. (3) In carrying out his or her duties, he or she shall proceed in close cooperation with the council. (c) (1) The several departments and agencies of the state and its political subdivisions that are directed by § 15-10-304 to initiate and pursue continuing studies are further directed to keep the coordinator fully and currently informed as to their activities relating to atomic energy. (2) No rule or amendment to a rule applying specifically to an atomic energy matter which any such department or agency may propose to issue shall become effective until thirty (30) days after it has been submitted to the coordinator unless, upon a finding of emergency need, the Governor by order waives all or any part of this thirty-day period. (d) The coordinator shall keep the Governor and the several interested departments and agencies informed as to private and public activities affecting atomic industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety, and general welfare of this state. Amended by Act 2019, No. 315,§ 1097, eff. 7/24/2019. Acts 1957, No. 386, § 4; A.S.A. 1947, § 82-1404; Acts 1997, No. 540, § 37.

(a) (1) The Governor may appoint a citizen of this state as the Coordinator of Atomic Development Activities. (2) The person appointed shall serve as: (A) Advisor to the Governor with respect to atomic industrial development within the state; (B) Coordinator of the development and regulatory activities of the state relating to the industrial and commercial uses of atomic energy; and (C) Deputy of the Governor in matters relating to atomic energy, including cooperation with other states and with the United States Government.

(1) The Governor may appoint a citizen of this state as the Coordinator of Atomic Development Activities.

(2) The person appointed shall serve as: (A) Advisor to the Governor with respect to atomic industrial development within the state; (B) Coordinator of the development and regulatory activities of the state relating to the industrial and commercial uses of atomic energy; and (C) Deputy of the Governor in matters relating to atomic energy, including cooperation with other states and with the United States Government.

(A) Advisor to the Governor with respect to atomic industrial development within the state;

(B) Coordinator of the development and regulatory activities of the state relating to the industrial and commercial uses of atomic energy; and

(C) Deputy of the Governor in matters relating to atomic energy, including cooperation with other states and with the United States Government.

(b) (1) The coordinator shall have the duty of coordinating the studies, recommendations, and proposals of the several departments and agencies of the state and its political subdivisions required by § 15-10-304 with each other and also with the programs and activities of the Arkansas Economic Development Council. (2) So far as may be practicable, he or she shall coordinate the studies conducted and the recommendations and proposals made in this state with like activities in other states and with the policies and regulations of the United States Nuclear Regulatory Commission. (3) In carrying out his or her duties, he or she shall proceed in close cooperation with the council.

(1) The coordinator shall have the duty of coordinating the studies, recommendations, and proposals of the several departments and agencies of the state and its political subdivisions required by § 15-10-304 with each other and also with the programs and activities of the Arkansas Economic Development Council.

(2) So far as may be practicable, he or she shall coordinate the studies conducted and the recommendations and proposals made in this state with like activities in other states and with the policies and regulations of the United States Nuclear Regulatory Commission.

(3) In carrying out his or her duties, he or she shall proceed in close cooperation with the council.

(c) (1) The several departments and agencies of the state and its political subdivisions that are directed by § 15-10-304 to initiate and pursue continuing studies are further directed to keep the coordinator fully and currently informed as to their activities relating to atomic energy. (2) No rule or amendment to a rule applying specifically to an atomic energy matter which any such department or agency may propose to issue shall become effective until thirty (30) days after it has been submitted to the coordinator unless, upon a finding of emergency need, the Governor by order waives all or any part of this thirty-day period.

(1) The several departments and agencies of the state and its political subdivisions that are directed by § 15-10-304 to initiate and pursue continuing studies are further directed to keep the coordinator fully and currently informed as to their activities relating to atomic energy.

(2) No rule or amendment to a rule applying specifically to an atomic energy matter which any such department or agency may propose to issue shall become effective until thirty (30) days after it has been submitted to the coordinator unless, upon a finding of emergency need, the Governor by order waives all or any part of this thirty-day period.

(d) The coordinator shall keep the Governor and the several interested departments and agencies informed as to private and public activities affecting atomic industrial development and shall enlist their cooperation in taking action to further such development as is consistent with the health, safety, and general welfare of this state.

Amended by Act 2019, No. 315,§ 1097, eff. 7/24/2019.

Acts 1957, No. 386, § 4; A.S.A. 1947, § 82-1404; Acts 1997, No. 540, § 37.
Ark. Code Ann. § 15-4-907 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-907
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 3; A.S.A. 1947, § 67-1603.

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017.

Acts 1957, No. 567, § 3; A.S.A. 1947, § 67-1603.
Ark. Code Ann. § 15-4-3606 — AR Code / Title 15 / Chapter 4 / Subchapter 36 / Section 15-4-3606
Letter rulings
Status: in_force

(a) Subject to the requirements and limitations of this section, the Arkansas Economic Development Commission shall issue letter rulings regarding the tax credit program authorized under this subchapter. (b) (1) The commission shall respond to a request for a letter ruling within sixty (60) days of receiving the request. (2) (A) However, the commission may deny a request for a letter ruling for good cause. (B) If the commission denies a request for a letter ruling for good cause, it shall list the specific reasons for refusing to issue the letter ruling. (C) Good cause for denying a request for a letter ruling under this subsection includes without limitation the following: (i) The applicant requests the commission to determine whether a statute is constitutional or a rule is lawful; (ii) The request involves a hypothetical situation or alternative plans; (iii) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and (iv) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may resolve the issue. (3) In rendering letter rulings under this subchapter, the commission shall look for guidance to 26 U.S.C. § 45D and 26 C.F.R. § 1.45D-1 , as they existed on January 1, 2013, and to the extent they are applicable. (c) An applicant may: (1) Provide a draft letter ruling for the commission's consideration; and (2) Withdraw a request for a letter ruling, in writing, before the issuance of the letter ruling. (d) Letter rulings bind all state agencies, including the commission and the commission's agents and successors until the qualified community development entity or its shareholders, members, or partners claim all of the applicable tax credits under this subchapter on a Arkansas tax return or report. (e) (1) A letter ruling issued under this section applies only to the applicant that requested the letter ruling. (2) However, a taxpayer identified in a letter ruling may rely on the letter ruling to the extent the letter ruling applies to the taxpayer. Amended by Act 2019, No. 315,§ 1076, eff. 7/24/2019. Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.

(a) Subject to the requirements and limitations of this section, the Arkansas Economic Development Commission shall issue letter rulings regarding the tax credit program authorized under this subchapter.

(b) (1) The commission shall respond to a request for a letter ruling within sixty (60) days of receiving the request. (2) (A) However, the commission may deny a request for a letter ruling for good cause. (B) If the commission denies a request for a letter ruling for good cause, it shall list the specific reasons for refusing to issue the letter ruling. (C) Good cause for denying a request for a letter ruling under this subsection includes without limitation the following: (i) The applicant requests the commission to determine whether a statute is constitutional or a rule is lawful; (ii) The request involves a hypothetical situation or alternative plans; (iii) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and (iv) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may resolve the issue. (3) In rendering letter rulings under this subchapter, the commission shall look for guidance to 26 U.S.C. § 45D and 26 C.F.R. § 1.45D-1 , as they existed on January 1, 2013, and to the extent they are applicable.

(1) The commission shall respond to a request for a letter ruling within sixty (60) days of receiving the request.

(2) (A) However, the commission may deny a request for a letter ruling for good cause. (B) If the commission denies a request for a letter ruling for good cause, it shall list the specific reasons for refusing to issue the letter ruling. (C) Good cause for denying a request for a letter ruling under this subsection includes without limitation the following: (i) The applicant requests the commission to determine whether a statute is constitutional or a rule is lawful; (ii) The request involves a hypothetical situation or alternative plans; (iii) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and (iv) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may resolve the issue.

(A) However, the commission may deny a request for a letter ruling for good cause.

(B) If the commission denies a request for a letter ruling for good cause, it shall list the specific reasons for refusing to issue the letter ruling.

(C) Good cause for denying a request for a letter ruling under this subsection includes without limitation the following: (i) The applicant requests the commission to determine whether a statute is constitutional or a rule is lawful; (ii) The request involves a hypothetical situation or alternative plans; (iii) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and (iv) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may resolve the issue.

(i) The applicant requests the commission to determine whether a statute is constitutional or a rule is lawful;

(ii) The request involves a hypothetical situation or alternative plans;

(iii) The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and

(iv) The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may resolve the issue.

(3) In rendering letter rulings under this subchapter, the commission shall look for guidance to 26 U.S.C. § 45D and 26 C.F.R. § 1.45D-1 , as they existed on January 1, 2013, and to the extent they are applicable.

(c) An applicant may: (1) Provide a draft letter ruling for the commission's consideration; and (2) Withdraw a request for a letter ruling, in writing, before the issuance of the letter ruling.

(1) Provide a draft letter ruling for the commission's consideration; and

(2) Withdraw a request for a letter ruling, in writing, before the issuance of the letter ruling.

(d) Letter rulings bind all state agencies, including the commission and the commission's agents and successors until the qualified community development entity or its shareholders, members, or partners claim all of the applicable tax credits under this subchapter on a Arkansas tax return or report.

(e) (1) A letter ruling issued under this section applies only to the applicant that requested the letter ruling. (2) However, a taxpayer identified in a letter ruling may rely on the letter ruling to the extent the letter ruling applies to the taxpayer.

(1) A letter ruling issued under this section applies only to the applicant that requested the letter ruling.

(2) However, a taxpayer identified in a letter ruling may rely on the letter ruling to the extent the letter ruling applies to the taxpayer.

Amended by Act 2019, No. 315,§ 1076, eff. 7/24/2019.

Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Ark. Code Ann. § 15-9-103 — AR Code / Title 15 / Chapter 9 / Section 15-9-103
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017. Acts 1999, No. 712, § 3.

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017.

Acts 1999, No. 712, § 3.
Ark. Code Ann. § 15-5-313 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-313
Pledge valid and binding - Lien
Status: in_force

(a) Any pledge of revenues, moneys, funds, or other property made by the Arkansas Development Finance Authority shall be valid and binding from the time when the pledge is made and the revenues, moneys, funds, or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without the physical delivery thereof or further act on the part of the authority, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof. (b) Neither the authorizing resolution nor any other instrument by which a pledge is created need be filed or recorded, except in the records of the authority. Acts 1985, No. 1062, § 11.00; A.S.A. 1947, § 13-2911.

(a) Any pledge of revenues, moneys, funds, or other property made by the Arkansas Development Finance Authority shall be valid and binding from the time when the pledge is made and the revenues, moneys, funds, or other property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without the physical delivery thereof or further act on the part of the authority, and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether the parties have notice thereof.

(b) Neither the authorizing resolution nor any other instrument by which a pledge is created need be filed or recorded, except in the records of the authority.

Acts 1985, No. 1062, § 11.00; A.S.A. 1947, § 13-2911.
Ark. Code Ann. § 15-20-302 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-302
State policy
Status: in_force

To the end that the environment and resources of the State of Arkansas shall be used and preserved for the welfare of all people, it is the policy of the State of Arkansas to: (1) Preserve, manage, and enhance the lands, waters, and air of the state with full recognition that this generation is a trustee of the environment for succeeding generations; (2) Preserve, to the fullest extent possible, areas of historical, geological, archeological, paleontological, ecological, biological, and recreational importance; (3) Promote as wide a range of choice as possible among beneficial uses of the environment; and (4) Strike a proper balance among population growth, economic development, environmental preservation, and ecological diversity. Acts 1973, No. 112, § 2; A.S.A. 1947, § 9-1402.

To the end that the environment and resources of the State of Arkansas shall be used and preserved for the welfare of all people, it is the policy of the State of Arkansas to:

(1) Preserve, manage, and enhance the lands, waters, and air of the state with full recognition that this generation is a trustee of the environment for succeeding generations;

(2) Preserve, to the fullest extent possible, areas of historical, geological, archeological, paleontological, ecological, biological, and recreational importance;

(3) Promote as wide a range of choice as possible among beneficial uses of the environment; and

(4) Strike a proper balance among population growth, economic development, environmental preservation, and ecological diversity.

Acts 1973, No. 112, § 2; A.S.A. 1947, § 9-1402.
Ark. Code Ann. § 15-21-211 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-211
Abstractors unaffected
Status: in_force

Nothing in this subchapter shall prohibit abstractors from preparing legal land descriptions. Acts 1975, No. 579, § 5; 1977, No. 214, § 5; A.S.A. 1947, §§ 10-1317, 10-1323.

Nothing in this subchapter shall prohibit abstractors from preparing legal land descriptions.

Acts 1975, No. 579, § 5; 1977, No. 214, § 5; A.S.A. 1947, §§ 10-1317, 10-1323.
Ark. Code Ann. § 15-4-309 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-309
Exempt contracts
Status: in_force

Upon the approval of the Minority and Women-owned Business Advisory Council, the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Office of State Procurement shall determine the classifications of state contracts to be exempted from the goals established by this subchapter whenever there exists an insufficient number of minority business enterprises or women-owned business enterprises to ensure adequate competition. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 2009, No. 1222, § 6.

Upon the approval of the Minority and Women-owned Business Advisory Council, the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Office of State Procurement shall determine the classifications of state contracts to be exempted from the goals established by this subchapter whenever there exists an insufficient number of minority business enterprises or women-owned business enterprises to ensure adequate competition.

Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017.

Acts 2009, No. 1222, § 6.
Ark. Code Ann. § 15-20-1301 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007". Acts 2007, No. 631, § 1.

This subchapter shall be known and may be cited as the "Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007".

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-58-404 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-404
Abatement of adverse effects - Lien
Status: in_force

(a) The Director of the Division of Environmental Quality or his or her authorized representative, under the state abandoned mine reclamation program, shall make a finding of fact that: (1) Land or water resources have been adversely affected by past coal mining practices; (2) The adverse effects are at a state in which, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (3) (A) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or (B) The owners will not give permission for the state or political subdivisions of the state or their agents, employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices. (b) (1) If the director determines that the conditions listed in subsection (a) of this section exist, the director or his or her authorized representative upon giving notice by mail to the owners, if known, or if not known, by posting notice upon the premises and advertising one (1) time in a newspaper of general circulation in the county in which the land lies, may enter upon the property adversely affected by past coal mining practice and any other property to have access to the property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent adverse effects. (2) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. (3) (A) The moneys expended for the work and the benefits accruing to any premises so entered upon shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. (B) Subdivision (b)(3)(A) of this section does not create a new right of action or eliminate existing immunities. (c) (1) A lien exists against the property so reclaimed under this section if the moneys expended for reclamation result in a significant increase in property value. (2) (A) The lien under subdivision (c)(1) of this section is effective upon the filing by the director of a notice of lien with the circuit clerk of the county in which the land is located and in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. (B) However, the notice shall constitute a lien upon the land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land. (d) (1) The lien obtained under this section shall not exceed the amount determined by an independent appraisal to be the increase in the market value of the land as a result of the reclamation undertaken. (2) The commission by rule shall establish procedures for determining the amount of the lien. (3) The landowner or any parties aggrieved by the decision determining the amount of the lien may request an adjudicatory hearing before the commission under §§ 15-58-209 - 15-58-211 . (e) No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to, participated in, nor exercised control over the mining operation which necessitated the reclamation performed hereunder. Amended by Act 2019, No. 315,§ 1208, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1207, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3157, eff. 7/1/2019. Acts 1979, No. 134, § 9; A.S.A. 1947, § 52-943; Acts 2011, No. 279, § 7.

(a) The Director of the Division of Environmental Quality or his or her authorized representative, under the state abandoned mine reclamation program, shall make a finding of fact that: (1) Land or water resources have been adversely affected by past coal mining practices; (2) The adverse effects are at a state in which, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and (3) (A) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or (B) The owners will not give permission for the state or political subdivisions of the state or their agents, employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(1) Land or water resources have been adversely affected by past coal mining practices;

(2) The adverse effects are at a state in which, in the public interest, action to restore, reclaim, abate, control, or prevent should be taken; and

(3) (A) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or (B) The owners will not give permission for the state or political subdivisions of the state or their agents, employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(A) The owners of the land or water resources where entry must be made to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices are not known or readily available; or

(B) The owners will not give permission for the state or political subdivisions of the state or their agents, employees, or contractors to enter upon the property to restore, reclaim, abate, control, or prevent the adverse effects of past coal mining practices.

(b) (1) If the director determines that the conditions listed in subsection (a) of this section exist, the director or his or her authorized representative upon giving notice by mail to the owners, if known, or if not known, by posting notice upon the premises and advertising one (1) time in a newspaper of general circulation in the county in which the land lies, may enter upon the property adversely affected by past coal mining practice and any other property to have access to the property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent adverse effects. (2) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon. (3) (A) The moneys expended for the work and the benefits accruing to any premises so entered upon shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. (B) Subdivision (b)(3)(A) of this section does not create a new right of action or eliminate existing immunities.

(1) If the director determines that the conditions listed in subsection (a) of this section exist, the director or his or her authorized representative upon giving notice by mail to the owners, if known, or if not known, by posting notice upon the premises and advertising one (1) time in a newspaper of general circulation in the county in which the land lies, may enter upon the property adversely affected by past coal mining practice and any other property to have access to the property to do all things necessary or expedient to restore, reclaim, abate, control, or prevent adverse effects.

(2) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property nor of trespass thereon.

(3) (A) The moneys expended for the work and the benefits accruing to any premises so entered upon shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry. (B) Subdivision (b)(3)(A) of this section does not create a new right of action or eliminate existing immunities.

(A) The moneys expended for the work and the benefits accruing to any premises so entered upon shall be chargeable against the land and shall mitigate or offset any claim in or any action brought by any owner of any interest in the premises for any alleged damages by virtue of the entry.

(B) Subdivision (b)(3)(A) of this section does not create a new right of action or eliminate existing immunities.

(c) (1) A lien exists against the property so reclaimed under this section if the moneys expended for reclamation result in a significant increase in property value. (2) (A) The lien under subdivision (c)(1) of this section is effective upon the filing by the director of a notice of lien with the circuit clerk of the county in which the land is located and in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. (B) However, the notice shall constitute a lien upon the land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.

(1) A lien exists against the property so reclaimed under this section if the moneys expended for reclamation result in a significant increase in property value.

(2) (A) The lien under subdivision (c)(1) of this section is effective upon the filing by the director of a notice of lien with the circuit clerk of the county in which the land is located and in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. (B) However, the notice shall constitute a lien upon the land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.

(A) The lien under subdivision (c)(1) of this section is effective upon the filing by the director of a notice of lien with the circuit clerk of the county in which the land is located and in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission.

(B) However, the notice shall constitute a lien upon the land as of the date of the expenditure of the moneys and shall have priority as a lien second only to the lien of real estate taxes imposed upon the land.

(d) (1) The lien obtained under this section shall not exceed the amount determined by an independent appraisal to be the increase in the market value of the land as a result of the reclamation undertaken. (2) The commission by rule shall establish procedures for determining the amount of the lien. (3) The landowner or any parties aggrieved by the decision determining the amount of the lien may request an adjudicatory hearing before the commission under §§ 15-58-209 - 15-58-211 .

(1) The lien obtained under this section shall not exceed the amount determined by an independent appraisal to be the increase in the market value of the land as a result of the reclamation undertaken.

(2) The commission by rule shall establish procedures for determining the amount of the lien.

(3) The landowner or any parties aggrieved by the decision determining the amount of the lien may request an adjudicatory hearing before the commission under §§ 15-58-209 - 15-58-211 .

(e) No lien shall be filed against the property of any person, in accordance with this subsection, who owned the surface prior to May 2, 1977, and who neither consented to, participated in, nor exercised control over the mining operation which necessitated the reclamation performed hereunder.

Amended by Act 2019, No. 315,§ 1208, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1207, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3157, eff. 7/1/2019.

Acts 1979, No. 134, § 9; A.S.A. 1947, § 52-943; Acts 2011, No. 279, § 7.
Ark. Code Ann. § 15-5-1807 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1807
Refunding bonds
Status: in_force

(a) The Arkansas Development Finance Authority may provide by resolution for the issuance of refunding bonds to refund outstanding bonds issued under this subchapter and any accrued interest on those bonds. (b) The authority may: (1) Sell the refunding bonds and use the proceeds to retire the outstanding bonds issued under this subchapter; (2) Exchange the refunding bonds for the outstanding bonds; and (3) Refund the bonds in the manner provided by any other applicable statute. Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

(a) The Arkansas Development Finance Authority may provide by resolution for the issuance of refunding bonds to refund outstanding bonds issued under this subchapter and any accrued interest on those bonds.

(b) The authority may: (1) Sell the refunding bonds and use the proceeds to retire the outstanding bonds issued under this subchapter; (2) Exchange the refunding bonds for the outstanding bonds; and (3) Refund the bonds in the manner provided by any other applicable statute.

(1) Sell the refunding bonds and use the proceeds to retire the outstanding bonds issued under this subchapter;

(2) Exchange the refunding bonds for the outstanding bonds; and

(3) Refund the bonds in the manner provided by any other applicable statute.

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-3-106 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-106
Executive committee
Status: in_force

(a) The directors shall establish an Executive Committee of the Division of Science and Technology of the Arkansas Economic Development Commission, to be composed of the chair, the vice chair, the secretary, and two (2) additional members to be chosen by the chair from the remaining directors. (b) The committee, in intervals between meetings of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, may transact any business of the board that has been delegated to the committee. (c) A majority of the committee may conduct business, and a favorable vote of three (3) members shall be deemed consent of the committee. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, § 6-1602.

(a) The directors shall establish an Executive Committee of the Division of Science and Technology of the Arkansas Economic Development Commission, to be composed of the chair, the vice chair, the secretary, and two (2) additional members to be chosen by the chair from the remaining directors.

(b) The committee, in intervals between meetings of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, may transact any business of the board that has been delegated to the committee.

(c) A majority of the committee may conduct business, and a favorable vote of three (3) members shall be deemed consent of the committee.

Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015.

Acts 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, § 6-1602.
Ark. Code Ann. § 15-4-220 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-220
Audit of economic incentive programs
Status: in_force

(a) In order to provide information to the General Assembly regarding the benefits of certain economic incentive programs, Arkansas Legislative Audit shall prepare annually a cost-benefit analysis of the projects provided incentives under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq. (b) The analysis may include without limitation: (1) The dollar amount of incentives actually provided; (2) The direct, indirect, and induced state tax benefits associated with each project, including without limitation: (A) Estimated tax revenues; (B) Full-time equivalent jobs created; (C) Wages; and (D) Investment; and (3) The safeguards to protect noneconomic influences in the award of incentives. (c) (1) The analysis required under subsection (a) of this section may be conducted on a rotating basis so that each project is evaluated at least one (1) time before the completion of the financial incentive agreement under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq. (2) If the staff of Arkansas Legislative Audit is insufficient to conduct the scheduled analysis in a given year, the executive committee of the Legislative Joint Auditing Committee may establish the priority and number of projects that can be reasonably analyzed with the available resources for a particular year. (d) (1) All records, data, and other information from whatever source that the Legislative Auditor deems necessary in the examination of the incentive programs shall be made available to Arkansas Legislative Audit. (2) However, this subsection does not authorize publication of information protected from publication by law. (3) Records and information exempt from public disclosure shall remain exempt in the custody of Arkansas Legislative Audit. (e) Arkansas Legislative Audit and the Arkansas Economic Development Commission shall enter into a memorandum of understanding concerning the need for common definitions and rules for evaluating economic incentive projects. Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 2005, No. 1769, § 1.

(a) In order to provide information to the General Assembly regarding the benefits of certain economic incentive programs, Arkansas Legislative Audit shall prepare annually a cost-benefit analysis of the projects provided incentives under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq.

(b) The analysis may include without limitation: (1) The dollar amount of incentives actually provided; (2) The direct, indirect, and induced state tax benefits associated with each project, including without limitation: (A) Estimated tax revenues; (B) Full-time equivalent jobs created; (C) Wages; and (D) Investment; and (3) The safeguards to protect noneconomic influences in the award of incentives.

(1) The dollar amount of incentives actually provided;

(2) The direct, indirect, and induced state tax benefits associated with each project, including without limitation: (A) Estimated tax revenues; (B) Full-time equivalent jobs created; (C) Wages; and (D) Investment; and

(A) Estimated tax revenues;

(B) Full-time equivalent jobs created;

(C) Wages; and

(D) Investment; and

(3) The safeguards to protect noneconomic influences in the award of incentives.

(c) (1) The analysis required under subsection (a) of this section may be conducted on a rotating basis so that each project is evaluated at least one (1) time before the completion of the financial incentive agreement under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq. (2) If the staff of Arkansas Legislative Audit is insufficient to conduct the scheduled analysis in a given year, the executive committee of the Legislative Joint Auditing Committee may establish the priority and number of projects that can be reasonably analyzed with the available resources for a particular year.

(1) The analysis required under subsection (a) of this section may be conducted on a rotating basis so that each project is evaluated at least one (1) time before the completion of the financial incentive agreement under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq.

(2) If the staff of Arkansas Legislative Audit is insufficient to conduct the scheduled analysis in a given year, the executive committee of the Legislative Joint Auditing Committee may establish the priority and number of projects that can be reasonably analyzed with the available resources for a particular year.

(d) (1) All records, data, and other information from whatever source that the Legislative Auditor deems necessary in the examination of the incentive programs shall be made available to Arkansas Legislative Audit. (2) However, this subsection does not authorize publication of information protected from publication by law. (3) Records and information exempt from public disclosure shall remain exempt in the custody of Arkansas Legislative Audit.

(1) All records, data, and other information from whatever source that the Legislative Auditor deems necessary in the examination of the incentive programs shall be made available to Arkansas Legislative Audit.

(2) However, this subsection does not authorize publication of information protected from publication by law.

(3) Records and information exempt from public disclosure shall remain exempt in the custody of Arkansas Legislative Audit.

(e) Arkansas Legislative Audit and the Arkansas Economic Development Commission shall enter into a memorandum of understanding concerning the need for common definitions and rules for evaluating economic incentive projects.

Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013.

Acts 2005, No. 1769, § 1.
Ark. Code Ann. § 15-6-104 — AR Code / Title 15 / Chapter 6 / Section 15-6-104
Arkansas Rural Development Commission
Status: in_force

(a) There is established the Arkansas Rural Development Commission, which shall consist of eleven (11) members from rural areas. (b) The members shall be appointed as follows: (1) (A) (i) There shall be seven (7) members of the Arkansas Rural Development Commission appointed by the Governor to serve for terms of five (5) years. (ii) One (1) member shall be appointed from each of the four (4) congressional districts of the state as constituted January 1, 1990, and shall be a resident of a rural area of that congressional district. (iii) Three (3) members shall be appointed from the state at large and shall be residents of a rural area. (B) In the event of a vacancy on the Arkansas Rural Development Commission in one (1) of the Governor's appointee positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment by the Governor of a person meeting the same qualifications required for initial appointment. (C) (i) Except as provided in subdivisions (b)(1)(C)(ii)-(iv) of this section, members of the Arkansas Rural Development Commission shall not be eligible for reappointment. (ii) A member appointed to fill the unexpired portion of a term may be reappointed to serve a five-year term. (iii) A member appointed to a five-year term by the Governor shall not be eligible for reappointment by the Governor but may be appointed by the President Pro Tempore of the Senate or the Speaker of the House of Representatives. (iv) The Governor may appoint to a five-year term a person previously appointed to the Arkansas Rural Development Commission by the President Pro Tempore of the Senate or the Speaker of the House of Representatives; and (2) Two (2) members shall be appointed by and shall serve at the pleasure of the President Pro Tempore of the Senate, and two (2) members shall be appointed by and shall serve at the pleasure of the Speaker of the House of Representatives. (c) The Arkansas Rural Development Commission shall select by majority vote one (1) of its members to serve as chair and one (1) to serve as vice chair. (d) Members of the Arkansas Rural Development Commission shall serve without compensation, provided that, in the event funds shall be appropriated for such purposes, the members may receive expense reimbursement in accordance with § 25-16-902 . (e) The Arkansas Rural Development Commission shall advise and assist the Director of the Arkansas Economic Development Commission in the performance of his or her duties under this subchapter. Amended by Act 2019, No. 910,§ 444, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 126, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 126, eff. 7/1/2015. Acts 1991, No. 302, § 4; 1993, No. 448, § 1; 1997, No. 250, § 99; 1997, No. 1354, § 32; 2001, No. 1288, § 8; 2009, No. 541, § 1.

(a) There is established the Arkansas Rural Development Commission, which shall consist of eleven (11) members from rural areas.

(b) The members shall be appointed as follows: (1) (A) (i) There shall be seven (7) members of the Arkansas Rural Development Commission appointed by the Governor to serve for terms of five (5) years. (ii) One (1) member shall be appointed from each of the four (4) congressional districts of the state as constituted January 1, 1990, and shall be a resident of a rural area of that congressional district. (iii) Three (3) members shall be appointed from the state at large and shall be residents of a rural area. (B) In the event of a vacancy on the Arkansas Rural Development Commission in one (1) of the Governor's appointee positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment by the Governor of a person meeting the same qualifications required for initial appointment. (C) (i) Except as provided in subdivisions (b)(1)(C)(ii)-(iv) of this section, members of the Arkansas Rural Development Commission shall not be eligible for reappointment. (ii) A member appointed to fill the unexpired portion of a term may be reappointed to serve a five-year term. (iii) A member appointed to a five-year term by the Governor shall not be eligible for reappointment by the Governor but may be appointed by the President Pro Tempore of the Senate or the Speaker of the House of Representatives. (iv) The Governor may appoint to a five-year term a person previously appointed to the Arkansas Rural Development Commission by the President Pro Tempore of the Senate or the Speaker of the House of Representatives; and (2) Two (2) members shall be appointed by and shall serve at the pleasure of the President Pro Tempore of the Senate, and two (2) members shall be appointed by and shall serve at the pleasure of the Speaker of the House of Representatives.

(1) (A) (i) There shall be seven (7) members of the Arkansas Rural Development Commission appointed by the Governor to serve for terms of five (5) years. (ii) One (1) member shall be appointed from each of the four (4) congressional districts of the state as constituted January 1, 1990, and shall be a resident of a rural area of that congressional district. (iii) Three (3) members shall be appointed from the state at large and shall be residents of a rural area. (B) In the event of a vacancy on the Arkansas Rural Development Commission in one (1) of the Governor's appointee positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment by the Governor of a person meeting the same qualifications required for initial appointment. (C) (i) Except as provided in subdivisions (b)(1)(C)(ii)-(iv) of this section, members of the Arkansas Rural Development Commission shall not be eligible for reappointment. (ii) A member appointed to fill the unexpired portion of a term may be reappointed to serve a five-year term. (iii) A member appointed to a five-year term by the Governor shall not be eligible for reappointment by the Governor but may be appointed by the President Pro Tempore of the Senate or the Speaker of the House of Representatives. (iv) The Governor may appoint to a five-year term a person previously appointed to the Arkansas Rural Development Commission by the President Pro Tempore of the Senate or the Speaker of the House of Representatives; and

(A) (i) There shall be seven (7) members of the Arkansas Rural Development Commission appointed by the Governor to serve for terms of five (5) years. (ii) One (1) member shall be appointed from each of the four (4) congressional districts of the state as constituted January 1, 1990, and shall be a resident of a rural area of that congressional district. (iii) Three (3) members shall be appointed from the state at large and shall be residents of a rural area.

(i) There shall be seven (7) members of the Arkansas Rural Development Commission appointed by the Governor to serve for terms of five (5) years.

(ii) One (1) member shall be appointed from each of the four (4) congressional districts of the state as constituted January 1, 1990, and shall be a resident of a rural area of that congressional district.

(iii) Three (3) members shall be appointed from the state at large and shall be residents of a rural area.

(B) In the event of a vacancy on the Arkansas Rural Development Commission in one (1) of the Governor's appointee positions due to death, resignation, or other reason, the vacancy shall be filled for the unexpired portion of the term by appointment by the Governor of a person meeting the same qualifications required for initial appointment.

(C) (i) Except as provided in subdivisions (b)(1)(C)(ii)-(iv) of this section, members of the Arkansas Rural Development Commission shall not be eligible for reappointment. (ii) A member appointed to fill the unexpired portion of a term may be reappointed to serve a five-year term. (iii) A member appointed to a five-year term by the Governor shall not be eligible for reappointment by the Governor but may be appointed by the President Pro Tempore of the Senate or the Speaker of the House of Representatives. (iv) The Governor may appoint to a five-year term a person previously appointed to the Arkansas Rural Development Commission by the President Pro Tempore of the Senate or the Speaker of the House of Representatives; and

(i) Except as provided in subdivisions (b)(1)(C)(ii)-(iv) of this section, members of the Arkansas Rural Development Commission shall not be eligible for reappointment.

(ii) A member appointed to fill the unexpired portion of a term may be reappointed to serve a five-year term.

(iii) A member appointed to a five-year term by the Governor shall not be eligible for reappointment by the Governor but may be appointed by the President Pro Tempore of the Senate or the Speaker of the House of Representatives.

(iv) The Governor may appoint to a five-year term a person previously appointed to the Arkansas Rural Development Commission by the President Pro Tempore of the Senate or the Speaker of the House of Representatives; and

(2) Two (2) members shall be appointed by and shall serve at the pleasure of the President Pro Tempore of the Senate, and two (2) members shall be appointed by and shall serve at the pleasure of the Speaker of the House of Representatives.

(c) The Arkansas Rural Development Commission shall select by majority vote one (1) of its members to serve as chair and one (1) to serve as vice chair.

(d) Members of the Arkansas Rural Development Commission shall serve without compensation, provided that, in the event funds shall be appropriated for such purposes, the members may receive expense reimbursement in accordance with § 25-16-902 .

(e) The Arkansas Rural Development Commission shall advise and assist the Director of the Arkansas Economic Development Commission in the performance of his or her duties under this subchapter.

Amended by Act 2019, No. 910,§ 444, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 126, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 126, eff. 7/1/2015.

Acts 1991, No. 302, § 4; 1993, No. 448, § 1; 1997, No. 250, § 99; 1997, No. 1354, § 32; 2001, No. 1288, § 8; 2009, No. 541, § 1.
Ark. Code Ann. § 15-3-303 — AR Code / Title 15 / Chapter 3 / Subchapter 3 / Section 15-3-303
Definitions
Status: in_force

As used in this subchapter: (1) "Job-creating research" means basic and applied laboratory research that may reasonably be expected to lead to the creation of knowledge-based and high-technology jobs in Arkansas; (2) "Knowledge-based and high-technology jobs" means employment opportunities in positions that pay more than one and seventy-five hundredths (1.75) times the average annual wage in the state according to the most recent data available; (3) "Research alliance" means the collaborative functions of research universities for the purpose of: (A) Enhancing research infrastructure; (B) Increasing the number of talented researchers at research universities; and (C) Expanding knowledge-based and high-technology job-creating research activities; (4) "Research infrastructure" means the equipment, buildings, information technology connectivity, and software of research universities within which talented researchers conduct their work; and (5) "Research university" means any university campus in Arkansas that receives significant federal funding of job-creating research. Acts 2007, No. 563, § 1.

As used in this subchapter:

(1) "Job-creating research" means basic and applied laboratory research that may reasonably be expected to lead to the creation of knowledge-based and high-technology jobs in Arkansas;

(2) "Knowledge-based and high-technology jobs" means employment opportunities in positions that pay more than one and seventy-five hundredths (1.75) times the average annual wage in the state according to the most recent data available;

(3) "Research alliance" means the collaborative functions of research universities for the purpose of: (A) Enhancing research infrastructure; (B) Increasing the number of talented researchers at research universities; and (C) Expanding knowledge-based and high-technology job-creating research activities;

(A) Enhancing research infrastructure;

(B) Increasing the number of talented researchers at research universities; and

(C) Expanding knowledge-based and high-technology job-creating research activities;

(4) "Research infrastructure" means the equipment, buildings, information technology connectivity, and software of research universities within which talented researchers conduct their work; and

(5) "Research university" means any university campus in Arkansas that receives significant federal funding of job-creating research.

Acts 2007, No. 563, § 1.
Ark. Code Ann. § 15-22-212 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-212
Permits - Notice of application - Hearing
Status: in_force

(a) (1) Upon receipt of the application and before granting or denying the permit, the Arkansas Natural Resources Commission shall cause notice of the filing thereof to be published for two (2) weeks in a newspaper published and having a general circulation in each county wherein the dam and area necessary for the impounding of water by means thereof is located. (2) The notice, with reasonable definiteness, shall describe the size and location of the proposed dam and reservoir and shall call upon all interested persons having questions or objections pertaining thereto and desiring public hearing thereon to make their questions or objections known within twenty (20) days after publication of the notice to the commission in writing, including their names and post office addresses. (b) (1) Upon the expiration of twenty (20) days after the notice provided in subsection (a) of this section, the commission shall grant the permit. (2) However, should a hearing be requested as provided in subsection (a) of this section or desired by the commission, the commission shall schedule a public hearing and, by certified mail, return receipt requested, shall notify the applicant and all interested persons of the date, time, and place thereof, after which it shall either grant or, for good cause shown, deny the permit. Acts 1957, No. 81, § 6; 1969, No. 180, § 1; A.S.A. 1947, § 21-1306.

(a) (1) Upon receipt of the application and before granting or denying the permit, the Arkansas Natural Resources Commission shall cause notice of the filing thereof to be published for two (2) weeks in a newspaper published and having a general circulation in each county wherein the dam and area necessary for the impounding of water by means thereof is located. (2) The notice, with reasonable definiteness, shall describe the size and location of the proposed dam and reservoir and shall call upon all interested persons having questions or objections pertaining thereto and desiring public hearing thereon to make their questions or objections known within twenty (20) days after publication of the notice to the commission in writing, including their names and post office addresses.

(1) Upon receipt of the application and before granting or denying the permit, the Arkansas Natural Resources Commission shall cause notice of the filing thereof to be published for two (2) weeks in a newspaper published and having a general circulation in each county wherein the dam and area necessary for the impounding of water by means thereof is located.

(2) The notice, with reasonable definiteness, shall describe the size and location of the proposed dam and reservoir and shall call upon all interested persons having questions or objections pertaining thereto and desiring public hearing thereon to make their questions or objections known within twenty (20) days after publication of the notice to the commission in writing, including their names and post office addresses.

(b) (1) Upon the expiration of twenty (20) days after the notice provided in subsection (a) of this section, the commission shall grant the permit. (2) However, should a hearing be requested as provided in subsection (a) of this section or desired by the commission, the commission shall schedule a public hearing and, by certified mail, return receipt requested, shall notify the applicant and all interested persons of the date, time, and place thereof, after which it shall either grant or, for good cause shown, deny the permit.

(1) Upon the expiration of twenty (20) days after the notice provided in subsection (a) of this section, the commission shall grant the permit.

(2) However, should a hearing be requested as provided in subsection (a) of this section or desired by the commission, the commission shall schedule a public hearing and, by certified mail, return receipt requested, shall notify the applicant and all interested persons of the date, time, and place thereof, after which it shall either grant or, for good cause shown, deny the permit.

Acts 1957, No. 81, § 6; 1969, No. 180, § 1; A.S.A. 1947, § 21-1306.
Ark. Code Ann. § 15-20-603 — AR Code / Title 15 / Chapter 20 / Subchapter 6 / Section 15-20-603
Vandalism - Penalties
Status: in_force

(a) It shall be unlawful for any person, without express permission of the owner, to purposefully or recklessly: (1) Break, carve, mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, or any man-made material within the cave which constitutes an archeological site or was placed within the cave under permission of the owner; (2) Remove from the cave any material protected by this subchapter; (3) Damage in any way any lock, gate, door, or other obstruction designed to control access to any cave, even though entry thereto may not be gained; (4) Remove or deface any sign stating that the cave is posted or citing provisions of this subchapter; and (5) Excavate, deface, or disrupt the integrity of any identifiable archeological or paleontological site which may be found in any cave. (b) (1) The entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section. (2) Any permission obtained under the provisions of this subchapter shall be deemed sufficient compliance with any law relating to recreational use of private lands. (3) Subject to any restrictions imposed by the owner, it shall not be a violation of this subchapter to move any dangerous or obstructive material or to place shoring or anchorage where necessary for safe passage or to place small isolated marks where necessary to recover a location critical to a measurement or study. (c) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor. Acts 1989, No. 523, § 3.

(a) It shall be unlawful for any person, without express permission of the owner, to purposefully or recklessly: (1) Break, carve, mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, or any man-made material within the cave which constitutes an archeological site or was placed within the cave under permission of the owner; (2) Remove from the cave any material protected by this subchapter; (3) Damage in any way any lock, gate, door, or other obstruction designed to control access to any cave, even though entry thereto may not be gained; (4) Remove or deface any sign stating that the cave is posted or citing provisions of this subchapter; and (5) Excavate, deface, or disrupt the integrity of any identifiable archeological or paleontological site which may be found in any cave.

(1) Break, carve, mark upon, or deface the natural rock surface of any cave, whether wall, ceiling, or floor, any speleothem, whether attached or previously broken, or any man-made material within the cave which constitutes an archeological site or was placed within the cave under permission of the owner;

(2) Remove from the cave any material protected by this subchapter;

(3) Damage in any way any lock, gate, door, or other obstruction designed to control access to any cave, even though entry thereto may not be gained;

(4) Remove or deface any sign stating that the cave is posted or citing provisions of this subchapter; and

(5) Excavate, deface, or disrupt the integrity of any identifiable archeological or paleontological site which may be found in any cave.

(b) (1) The entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section. (2) Any permission obtained under the provisions of this subchapter shall be deemed sufficient compliance with any law relating to recreational use of private lands. (3) Subject to any restrictions imposed by the owner, it shall not be a violation of this subchapter to move any dangerous or obstructive material or to place shoring or anchorage where necessary for safe passage or to place small isolated marks where necessary to recover a location critical to a measurement or study.

(1) The entering or remaining in a cave which has not been posted by the owner shall not by itself constitute a violation of this section.

(2) Any permission obtained under the provisions of this subchapter shall be deemed sufficient compliance with any law relating to recreational use of private lands.

(3) Subject to any restrictions imposed by the owner, it shall not be a violation of this subchapter to move any dangerous or obstructive material or to place shoring or anchorage where necessary for safe passage or to place small isolated marks where necessary to recover a location critical to a measurement or study.

(c) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor.

Acts 1989, No. 523, § 3.
Ark. Code Ann. § 15-72-702 — AR Code / Title 15 / Chapter 72 / Subchapter 7 / Section 15-72-702
Bonus for discovery of oil pool
Status: in_force

Any person who discovers a commercial oil pool in this state not heretofore discovered shall be entitled to the bonus herein provided upon compliance with the provisions hereof. Acts 1957, No. 258, § 3; A.S.A. 1947, § 53-132.

Any person who discovers a commercial oil pool in this state not heretofore discovered shall be entitled to the bonus herein provided upon compliance with the provisions hereof.

Acts 1957, No. 258, § 3; A.S.A. 1947, § 53-132.