Ark. Code Ann. § 15-11-506 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-506
Contracts
Status: in_force

(a) Upon granting final approval, the Director of the Arkansas Economic Development Commission may enter into an agreement with an approved company with respect to its tourism attraction project. (b) The terms and provisions of each agreement shall include, but shall not be limited to: (1) The amount of approved costs, which shall be determined by negotiations between the director and the approved company; (2) (A) (i) The eligibility date for incurring tourism attraction project costs. (ii) The eligibility date shall be the date by which the approved company shall have completed the tourism attraction project. (B) Within three (3) months of the completion date, the approved company shall document the actual cost of the tourism attraction project through a certification of such costs by an independent certified public accountant acceptable to the director; and (3) The following provisions: (A) (i) The term shall be ten (10) years from the later of: (a) The date of the final approval of the tourism attraction project; or (b) The completion date specified in the agreement, if the completion date is within two (2) years of the date of the final approval of the tourism attraction project. (ii) However, the term of the agreement may be extended for up to two (2) additional years by the director with the advice and consent of the Secretary of the Department of Finance and Administration, if the director determines that: (a) The failure to complete the tourism attraction project within two (2) years resulted from unanticipated and unavoidable delay in the construction of the tourism attraction project; (b) The tourism attraction project as originally planned will require more than two (2) years to complete; or (c) The failure to complete the tourism attraction project within two (2) years resulted from a merger, acquisition, or other change in business ownership or business structure; (B) In any sales tax reporting period during which an agreement is in effect, if the increased state sales tax liability of the approved company exceeds the state sales tax credit available to the approved company, then the approved company shall pay the excess to the state as sales tax; (C) Within forty-five (45) days after the end of each calendar year, the approved company shall supply the director with such reports and certifications as the director may request, demonstrating to the satisfaction of the director that the approved company is in compliance with the provisions of this subchapter; and (D) The approved company shall not receive a credit against the Arkansas sales tax imposed by § 26-52-301 et seq., with respect to any calendar year if in any calendar year following the first year of the agreement the tourism attraction project is not operating and open to the public on a regular and persistent basis. (c) The agreement shall not be transferable or assignable by the approved company without the written consent of the director. (d) If the approved company utilizes sales tax credits which are subsequently disallowed, then the approved company will be liable for the payment to the secretary of all taxes resulting from the disallowance of the credits, plus applicable penalties and interest. (e) The director shall provide a copy of each agreement entered into with an approved company to the secretary. Amended by Act 2019, No. 910,§ 460, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 459, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 458, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 457, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 456, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 455, eff. 7/1/2019. Acts 1997, No. 291, § 6; 2001, No. 899, § 2; 2005, No. 2308, § 4; 2007, No. 827, § 136.

(a) Upon granting final approval, the Director of the Arkansas Economic Development Commission may enter into an agreement with an approved company with respect to its tourism attraction project.

(b) The terms and provisions of each agreement shall include, but shall not be limited to: (1) The amount of approved costs, which shall be determined by negotiations between the director and the approved company; (2) (A) (i) The eligibility date for incurring tourism attraction project costs. (ii) The eligibility date shall be the date by which the approved company shall have completed the tourism attraction project. (B) Within three (3) months of the completion date, the approved company shall document the actual cost of the tourism attraction project through a certification of such costs by an independent certified public accountant acceptable to the director; and (3) The following provisions: (A) (i) The term shall be ten (10) years from the later of: (a) The date of the final approval of the tourism attraction project; or (b) The completion date specified in the agreement, if the completion date is within two (2) years of the date of the final approval of the tourism attraction project. (ii) However, the term of the agreement may be extended for up to two (2) additional years by the director with the advice and consent of the Secretary of the Department of Finance and Administration, if the director determines that: (a) The failure to complete the tourism attraction project within two (2) years resulted from unanticipated and unavoidable delay in the construction of the tourism attraction project; (b) The tourism attraction project as originally planned will require more than two (2) years to complete; or (c) The failure to complete the tourism attraction project within two (2) years resulted from a merger, acquisition, or other change in business ownership or business structure; (B) In any sales tax reporting period during which an agreement is in effect, if the increased state sales tax liability of the approved company exceeds the state sales tax credit available to the approved company, then the approved company shall pay the excess to the state as sales tax; (C) Within forty-five (45) days after the end of each calendar year, the approved company shall supply the director with such reports and certifications as the director may request, demonstrating to the satisfaction of the director that the approved company is in compliance with the provisions of this subchapter; and (D) The approved company shall not receive a credit against the Arkansas sales tax imposed by § 26-52-301 et seq., with respect to any calendar year if in any calendar year following the first year of the agreement the tourism attraction project is not operating and open to the public on a regular and persistent basis.

(1) The amount of approved costs, which shall be determined by negotiations between the director and the approved company;

(2) (A) (i) The eligibility date for incurring tourism attraction project costs. (ii) The eligibility date shall be the date by which the approved company shall have completed the tourism attraction project. (B) Within three (3) months of the completion date, the approved company shall document the actual cost of the tourism attraction project through a certification of such costs by an independent certified public accountant acceptable to the director; and

(A) (i) The eligibility date for incurring tourism attraction project costs. (ii) The eligibility date shall be the date by which the approved company shall have completed the tourism attraction project.

(i) The eligibility date for incurring tourism attraction project costs.

(ii) The eligibility date shall be the date by which the approved company shall have completed the tourism attraction project.

(B) Within three (3) months of the completion date, the approved company shall document the actual cost of the tourism attraction project through a certification of such costs by an independent certified public accountant acceptable to the director; and

(3) The following provisions: (A) (i) The term shall be ten (10) years from the later of: (a) The date of the final approval of the tourism attraction project; or (b) The completion date specified in the agreement, if the completion date is within two (2) years of the date of the final approval of the tourism attraction project. (ii) However, the term of the agreement may be extended for up to two (2) additional years by the director with the advice and consent of the Secretary of the Department of Finance and Administration, if the director determines that: (a) The failure to complete the tourism attraction project within two (2) years resulted from unanticipated and unavoidable delay in the construction of the tourism attraction project; (b) The tourism attraction project as originally planned will require more than two (2) years to complete; or (c) The failure to complete the tourism attraction project within two (2) years resulted from a merger, acquisition, or other change in business ownership or business structure; (B) In any sales tax reporting period during which an agreement is in effect, if the increased state sales tax liability of the approved company exceeds the state sales tax credit available to the approved company, then the approved company shall pay the excess to the state as sales tax; (C) Within forty-five (45) days after the end of each calendar year, the approved company shall supply the director with such reports and certifications as the director may request, demonstrating to the satisfaction of the director that the approved company is in compliance with the provisions of this subchapter; and (D) The approved company shall not receive a credit against the Arkansas sales tax imposed by § 26-52-301 et seq., with respect to any calendar year if in any calendar year following the first year of the agreement the tourism attraction project is not operating and open to the public on a regular and persistent basis.

(A) (i) The term shall be ten (10) years from the later of: (a) The date of the final approval of the tourism attraction project; or (b) The completion date specified in the agreement, if the completion date is within two (2) years of the date of the final approval of the tourism attraction project. (ii) However, the term of the agreement may be extended for up to two (2) additional years by the director with the advice and consent of the Secretary of the Department of Finance and Administration, if the director determines that: (a) The failure to complete the tourism attraction project within two (2) years resulted from unanticipated and unavoidable delay in the construction of the tourism attraction project; (b) The tourism attraction project as originally planned will require more than two (2) years to complete; or (c) The failure to complete the tourism attraction project within two (2) years resulted from a merger, acquisition, or other change in business ownership or business structure;

(i) The term shall be ten (10) years from the later of: (a) The date of the final approval of the tourism attraction project; or (b) The completion date specified in the agreement, if the completion date is within two (2) years of the date of the final approval of the tourism attraction project.

(a) The date of the final approval of the tourism attraction project; or

(b) The completion date specified in the agreement, if the completion date is within two (2) years of the date of the final approval of the tourism attraction project.

(ii) However, the term of the agreement may be extended for up to two (2) additional years by the director with the advice and consent of the Secretary of the Department of Finance and Administration, if the director determines that: (a) The failure to complete the tourism attraction project within two (2) years resulted from unanticipated and unavoidable delay in the construction of the tourism attraction project; (b) The tourism attraction project as originally planned will require more than two (2) years to complete; or (c) The failure to complete the tourism attraction project within two (2) years resulted from a merger, acquisition, or other change in business ownership or business structure;

(a) The failure to complete the tourism attraction project within two (2) years resulted from unanticipated and unavoidable delay in the construction of the tourism attraction project;

(b) The tourism attraction project as originally planned will require more than two (2) years to complete; or

(c) The failure to complete the tourism attraction project within two (2) years resulted from a merger, acquisition, or other change in business ownership or business structure;

(B) In any sales tax reporting period during which an agreement is in effect, if the increased state sales tax liability of the approved company exceeds the state sales tax credit available to the approved company, then the approved company shall pay the excess to the state as sales tax;

(C) Within forty-five (45) days after the end of each calendar year, the approved company shall supply the director with such reports and certifications as the director may request, demonstrating to the satisfaction of the director that the approved company is in compliance with the provisions of this subchapter; and

(D) The approved company shall not receive a credit against the Arkansas sales tax imposed by § 26-52-301 et seq., with respect to any calendar year if in any calendar year following the first year of the agreement the tourism attraction project is not operating and open to the public on a regular and persistent basis.

(c) The agreement shall not be transferable or assignable by the approved company without the written consent of the director.

(d) If the approved company utilizes sales tax credits which are subsequently disallowed, then the approved company will be liable for the payment to the secretary of all taxes resulting from the disallowance of the credits, plus applicable penalties and interest.

(e) The director shall provide a copy of each agreement entered into with an approved company to the secretary.

Amended by Act 2019, No. 910,§ 460, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 459, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 458, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 457, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 456, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 455, eff. 7/1/2019.

Acts 1997, No. 291, § 6; 2001, No. 899, § 2; 2005, No. 2308, § 4; 2007, No. 827, § 136.
Ark. Code Ann. § 15-20-206 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-206
Rules - Meetings - Oaths, subpoenas, etc. - Judicial review
Status: in_force

(a) For the purpose of carrying out its functions, the Arkansas Natural Resources Commission shall have authority to make and amend and enforce all necessary or desirable rules and orders not inconsistent with law. (b) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public. (c) Meetings of the commission shall be called by the Chair of the Arkansas Natural Resources Commission or by four (4) members of the commission. (d) A quorum shall consist of a majority of the commission membership present at any regular or special meetings, and a majority vote of those members present shall be required for any action of the commission. (e) The commission shall meet or hold hearings at such times and places as in each instance may suit the commission's convenience, and all such meetings and hearings shall be open to the public. (f) In all matters coming before the commission, the commission shall have the power to administer oaths, issue subpoenas, and enforce its decisions and orders pursuant to procedures set out in § 15-22-201 et seq. (g) Any rule or order made by the commission shall be subject to judicial review pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (h) (1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under § 17-50-201 et seq. (2) A water well contractor member of the commission designated under § 15-20-202(g) shall chair the committee. (3) The Chair of the Arkansas Natural Resources Commission may also designate other Arkansas-licensed water well contractors to serve on the committee on an ad hoc basis. Amended by Act 2023, No. 691,§ 67, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 66, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1112, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1111, eff. 7/24/2019. Acts 1963, No. 14, § 7; A.S.A. 1947, § 9-124; Acts 1989, No. 258, § 1.

(a) For the purpose of carrying out its functions, the Arkansas Natural Resources Commission shall have authority to make and amend and enforce all necessary or desirable rules and orders not inconsistent with law.

(b) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public.

(c) Meetings of the commission shall be called by the Chair of the Arkansas Natural Resources Commission or by four (4) members of the commission.

(d) A quorum shall consist of a majority of the commission membership present at any regular or special meetings, and a majority vote of those members present shall be required for any action of the commission.

(e) The commission shall meet or hold hearings at such times and places as in each instance may suit the commission's convenience, and all such meetings and hearings shall be open to the public.

(f) In all matters coming before the commission, the commission shall have the power to administer oaths, issue subpoenas, and enforce its decisions and orders pursuant to procedures set out in § 15-22-201 et seq.

(g) Any rule or order made by the commission shall be subject to judicial review pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(h) (1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under § 17-50-201 et seq. (2) A water well contractor member of the commission designated under § 15-20-202(g) shall chair the committee. (3) The Chair of the Arkansas Natural Resources Commission may also designate other Arkansas-licensed water well contractors to serve on the committee on an ad hoc basis.

(1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under § 17-50-201 et seq.

(A) Rulemaking;

(B) Disciplinary issues;

(C) Ethical complaints; and

(D) Evaluation of applications under § 17-50-201 et seq.

(2) A water well contractor member of the commission designated under § 15-20-202(g) shall chair the committee.

(3) The Chair of the Arkansas Natural Resources Commission may also designate other Arkansas-licensed water well contractors to serve on the committee on an ad hoc basis.

Amended by Act 2023, No. 691,§ 67, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 66, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1112, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1111, eff. 7/24/2019.

Acts 1963, No. 14, § 7; A.S.A. 1947, § 9-124; Acts 1989, No. 258, § 1.
Ark. Code Ann. § 15-3-503 — AR Code / Title 15 / Chapter 3 / Subchapter 5 / Section 15-3-503
Advice and recommendations
Status: in_force

(a) The Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission shall advise the Governor, the General Assembly, the Arkansas Economic Development Commission, and other agencies responsible for programs enumerated in subsection (b) of this section. (b) (1) The board shall make recommendations regarding support and assistance for the accelerated growth of knowledge-based and high-technology jobs in the state through focused funding of the state's initiatives and programs. (2) For funds in or allocated to the Arkansas Acceleration Fund, § 19-5-1243 , the board shall make recommendations to the commission regarding the allocation or reallocation of funds and moneys for programs and initiatives authorized by the: (A) Arkansas Research Alliance Act, § 15-3-301 et seq.; (B) Innovate Arkansas Fund, § 19-5-1237 ; (C) Venture Capital Investment Act of 2001, § 15-5-1401 et seq.; (D) Supplemental science, technology, engineering, and math fund grants under § 6-17-2701 et seq.; (E) Existing programs of the commission authorized under § 15-3-101 et seq., § 15-3-201 et seq., and § 15-3-401 et seq.; (F) [Repealed.] (G) Any other programs or activities aimed at the creation of knowledge-based and high-technology jobs; (H) Arkansas Business and Technology Accelerator Act, § 15-3-601 et seq.; and (I) Arkansas Small Business Innovation Research Matching Grant Program, § 15-3-701 et seq. Amended by Act 2019, No. 925,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 237,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 166,§ 1, eff. 10/1/2017. Amended by Act 2017, No. 165,§ 1, eff. 10/1/2017. Amended by Act 2017, No. 167,§ 2, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 88, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 88, eff. 7/1/2015. Amended by Act 2013, No. 1095,§ 1, eff. 4/11/2013. Acts 2011, No. 706, § 1.

(a) The Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission shall advise the Governor, the General Assembly, the Arkansas Economic Development Commission, and other agencies responsible for programs enumerated in subsection (b) of this section.

(b) (1) The board shall make recommendations regarding support and assistance for the accelerated growth of knowledge-based and high-technology jobs in the state through focused funding of the state's initiatives and programs. (2) For funds in or allocated to the Arkansas Acceleration Fund, § 19-5-1243 , the board shall make recommendations to the commission regarding the allocation or reallocation of funds and moneys for programs and initiatives authorized by the: (A) Arkansas Research Alliance Act, § 15-3-301 et seq.; (B) Innovate Arkansas Fund, § 19-5-1237 ; (C) Venture Capital Investment Act of 2001, § 15-5-1401 et seq.; (D) Supplemental science, technology, engineering, and math fund grants under § 6-17-2701 et seq.; (E) Existing programs of the commission authorized under § 15-3-101 et seq., § 15-3-201 et seq., and § 15-3-401 et seq.; (F) [Repealed.] (G) Any other programs or activities aimed at the creation of knowledge-based and high-technology jobs; (H) Arkansas Business and Technology Accelerator Act, § 15-3-601 et seq.; and (I) Arkansas Small Business Innovation Research Matching Grant Program, § 15-3-701 et seq.

(1) The board shall make recommendations regarding support and assistance for the accelerated growth of knowledge-based and high-technology jobs in the state through focused funding of the state's initiatives and programs.

(2) For funds in or allocated to the Arkansas Acceleration Fund, § 19-5-1243 , the board shall make recommendations to the commission regarding the allocation or reallocation of funds and moneys for programs and initiatives authorized by the: (A) Arkansas Research Alliance Act, § 15-3-301 et seq.; (B) Innovate Arkansas Fund, § 19-5-1237 ; (C) Venture Capital Investment Act of 2001, § 15-5-1401 et seq.; (D) Supplemental science, technology, engineering, and math fund grants under § 6-17-2701 et seq.; (E) Existing programs of the commission authorized under § 15-3-101 et seq., § 15-3-201 et seq., and § 15-3-401 et seq.; (F) [Repealed.] (G) Any other programs or activities aimed at the creation of knowledge-based and high-technology jobs; (H) Arkansas Business and Technology Accelerator Act, § 15-3-601 et seq.; and (I) Arkansas Small Business Innovation Research Matching Grant Program, § 15-3-701 et seq.

(A) Arkansas Research Alliance Act, § 15-3-301 et seq.;

(B) Innovate Arkansas Fund, § 19-5-1237 ;

(C) Venture Capital Investment Act of 2001, § 15-5-1401 et seq.;

(D) Supplemental science, technology, engineering, and math fund grants under § 6-17-2701 et seq.;

(E) Existing programs of the commission authorized under § 15-3-101 et seq., § 15-3-201 et seq., and § 15-3-401 et seq.;

(F) [Repealed.]

(G) Any other programs or activities aimed at the creation of knowledge-based and high-technology jobs;

(H) Arkansas Business and Technology Accelerator Act, § 15-3-601 et seq.; and

(I) Arkansas Small Business Innovation Research Matching Grant Program, § 15-3-701 et seq.

Amended by Act 2019, No. 925,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 237,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 166,§ 1, eff. 10/1/2017.

Amended by Act 2017, No. 165,§ 1, eff. 10/1/2017.

Amended by Act 2017, No. 167,§ 2, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 88, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 88, eff. 7/1/2015.

Amended by Act 2013, No. 1095,§ 1, eff. 4/11/2013.

Acts 2011, No. 706, § 1.
Ark. Code Ann. § 15-5-203 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-203
Board officers and employees
Status: in_force

(a) Annually and at such other times as may be deemed appropriate by the Board of Directors of the Arkansas Development Finance Authority, the board shall elect from the public members of the board appointed by the Governor one (1) of its members as chair and one (1) of its members as vice chair. (b) The board shall also employ a president who shall serve at the will of the Governor. (c) The board shall in consultation with the Secretary of the Department of Commerce appoint and employ such additional officers, accountants, financial advisors or experts, bond counsel, or other attorneys, agents, and employees as it may require and shall determine their qualifications, duties, and compensation. Periodically, the Arkansas Development Finance Authority will review selection of bond counsel or other attorneys to ensure that legal representatives are selected in a manner that will provide the authority with competent, economical legal representation that furthers the best interest of the authority. (d) The President of the Arkansas Development Finance Authority shall be an ex officio nonvoting member of the board and may be elected secretary of the board. Amended by Act 2019, No. 910,§ 437, eff. 7/1/2019. Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.

(a) Annually and at such other times as may be deemed appropriate by the Board of Directors of the Arkansas Development Finance Authority, the board shall elect from the public members of the board appointed by the Governor one (1) of its members as chair and one (1) of its members as vice chair.

(b) The board shall also employ a president who shall serve at the will of the Governor.

(c) The board shall in consultation with the Secretary of the Department of Commerce appoint and employ such additional officers, accountants, financial advisors or experts, bond counsel, or other attorneys, agents, and employees as it may require and shall determine their qualifications, duties, and compensation. Periodically, the Arkansas Development Finance Authority will review selection of bond counsel or other attorneys to ensure that legal representatives are selected in a manner that will provide the authority with competent, economical legal representation that furthers the best interest of the authority.

(d) The President of the Arkansas Development Finance Authority shall be an ex officio nonvoting member of the board and may be elected secretary of the board.

Amended by Act 2019, No. 910,§ 437, eff. 7/1/2019.

Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.
Ark. Code Ann. § 15-4-704 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-704
Authorizing resolution - Bond issuance, form, and contents
Status: in_force

(a) The bonds shall be authorized by resolution of the Arkansas Economic Development Council. (b) The bonds may be issued at one (1) time or in series from time to time. If in series, the initial series shall be designated "Series A" and subsequent series shall be designated in alphabetical order. (c) All bonds issued under this subchapter, regardless of series, shall be on a parity as to lien, pledge, and security. (d) The bonds may: (1) (A) Be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination. (B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons; and (2) Be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding ten percent (10%) per annum, may be made payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the council shall determine. (e) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in subsection (d) of this section. (f) The authorizing resolution may contain any other terms, covenants, and conditions that the council determines are desirable, including, without limitation, those pertaining to the: (1) Maintenance of various funds and reserves; (2) Nature and extent of the security; (3) Custody and application of the proceeds of the bonds; (4) Collection and disposition of revenues; and (5) Rights, duties, and obligations of the council and of the holders and registered owners of the bonds. Acts 1969, No. 397, § 1; 1971, No. 209, § 1; A.S.A. 1947, § 9-567.

(a) The bonds shall be authorized by resolution of the Arkansas Economic Development Council.

(b) The bonds may be issued at one (1) time or in series from time to time. If in series, the initial series shall be designated "Series A" and subsequent series shall be designated in alphabetical order.

(c) All bonds issued under this subchapter, regardless of series, shall be on a parity as to lien, pledge, and security.

(d) The bonds may: (1) (A) Be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination. (B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons; and (2) Be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding ten percent (10%) per annum, may be made payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the council shall determine.

(1) (A) Be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination. (B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons; and

(A) Be coupon bonds payable to bearer or may be registrable as to principal only with interest coupons or may be registrable as to both principal and interest without coupons, and may be made exchangeable for bonds of another denomination.

(B) The bonds of another denomination may in turn be either coupon bonds payable to bearer or coupon bonds registrable as to principal only or bonds registrable as to both principal and interest without coupons; and

(2) Be in such form and denomination, may have such date or dates, may be stated to mature at such times, may bear interest payable at such times and at such rate or rates, provided that no bond may bear interest at a rate exceeding ten percent (10%) per annum, may be made payable at such places within or without the State of Arkansas, may be made subject to such terms of redemption in advance of maturity at such prices, and may contain such terms and conditions, all as the council shall determine.

(e) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in subsection (d) of this section.

(f) The authorizing resolution may contain any other terms, covenants, and conditions that the council determines are desirable, including, without limitation, those pertaining to the: (1) Maintenance of various funds and reserves; (2) Nature and extent of the security; (3) Custody and application of the proceeds of the bonds; (4) Collection and disposition of revenues; and (5) Rights, duties, and obligations of the council and of the holders and registered owners of the bonds.

(1) Maintenance of various funds and reserves;

(2) Nature and extent of the security;

(3) Custody and application of the proceeds of the bonds;

(4) Collection and disposition of revenues; and

(5) Rights, duties, and obligations of the council and of the holders and registered owners of the bonds.

Acts 1969, No. 397, § 1; 1971, No. 209, § 1; A.S.A. 1947, § 9-567.
Ark. Code Ann. § 15-72-307 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-307
Formation of units not in restraint of trade
Status: in_force

The formation of any drilling unit or salt water disposal unit as provided in this subchapter and the operation of that unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; 1965, No. 41, § 1; A.S.A. 1947, § 53-115.

The formation of any drilling unit or salt water disposal unit as provided in this subchapter and the operation of that unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; 1965, No. 41, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-4-1214 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1214
Powers of the company
Status: in_force

(a) The purposes of each company organized under the provisions of this subchapter shall be to: (1) Promote, stimulate, develop, and advance the business prosperity and economic welfare of the county or region where it is located and its citizens; (2) Encourage and assist through loans, investments, or other business transactions in the location of new business and industry in that county or region, and to assist the growth and expansion of existing business and industry; (3) Stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of the county or region, provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of that county or region; (4) Cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, technological, scientific, commercial, agricultural, and recreational development in that county or region; and (5) Provide venture financing for the promotion, development, and conduct of all kinds of business activity in that county or region on terms and conditions that would not otherwise be available from existing financial institutions. (b) In furtherance of such purposes, each company organized under this subchapter shall have the power to: (1) Sue and be sued and to complain and defend in its corporate or limited liability company name; (2) Have perpetual succession, in the case of corporations, unless a limited period of duration is stated in its articles of incorporation; (3) Adopt a company seal, which may be altered at pleasure, and to use it or a facsimile thereof as permitted by law; (4) Within the limitations imposed in this subchapter and in the manner prescribed in this subchapter, borrow money and otherwise contract indebtedness, to issue its bonds, notes, debentures, or other obligations with or without security, and, if with security, to secure the payment thereof by mortgage, pledge, or deed of trust on all or any part of its property, assets, revenues, or income; (5) Purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property or any interest therein; (6) Sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property or assets; (7) Make loans to any qualifying person within its county or region and to establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected with those loans, consistent with the provisions of this subchapter; (8) Purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of: (A) Bonds, securities, or evidences of indebtedness created by any other corporation or corporations of this state or any other state or government or created by any individual, unincorporated association, limited liability company, limited partnership, general partnership, limited liability partnership, limited liability limited partnership, trust estate, improvement district, municipality, or governmental or municipal agency of any character; (B) Shares of the capital stock of any other corporation or corporations of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the corporation may do business, and, while owner of such stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote that stock; and (C) The units of interest of limited liability companies, partnerships, joint ventures, or other business entities of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the business entity may do business, and, while owner of such units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote those units of interest; (9) Make any and all contracts necessary or convenient for the exercise of the powers granted in this subchapter; (10) Elect or appoint officers, agents, and employees of the company and to define their duties and fix their compensation; (11) Conduct its business and to have officers within or without the state; (12) Accept gifts or grants of money, service, or property, real or personal; (13) With the approval of the board of directors or the management committee by action of those persons, make and alter bylaws and regulations not inconsistent with the articles of incorporation or the articles of organization and operating agreement or with the laws of this state for the administration and regulation of the affairs of the company; (14) Encourage and promote the cultural, industrial, technological, scientific, economic, and recreational development of the county or region where it is located; (15) (A) Assist minority businesses in obtaining loans or other means of financial assistance. (B) The terms and conditions of such loans or financial assistance, including the charges for interest and other services, will be consistent with the provisions of this subchapter. (C) Efforts must be made to solicit for review and analysis proposed minority business ventures. (D) Be it further provided that basic loan underwriting standards will not be changed to inconsistently favor or disfavor minority persons or businesses, or both, from the intent of the company's lending practices; and (16) Do and perform any and all acts and things and to have and exercise any and all powers as may be necessary, convenient, or appropriate to effectuate the purpose for which the company is organized. Acts 1991, No. 1029, § 12; 1999, No. 37, § 13.

(a) The purposes of each company organized under the provisions of this subchapter shall be to: (1) Promote, stimulate, develop, and advance the business prosperity and economic welfare of the county or region where it is located and its citizens; (2) Encourage and assist through loans, investments, or other business transactions in the location of new business and industry in that county or region, and to assist the growth and expansion of existing business and industry; (3) Stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of the county or region, provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of that county or region; (4) Cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, technological, scientific, commercial, agricultural, and recreational development in that county or region; and (5) Provide venture financing for the promotion, development, and conduct of all kinds of business activity in that county or region on terms and conditions that would not otherwise be available from existing financial institutions.

(1) Promote, stimulate, develop, and advance the business prosperity and economic welfare of the county or region where it is located and its citizens;

(2) Encourage and assist through loans, investments, or other business transactions in the location of new business and industry in that county or region, and to assist the growth and expansion of existing business and industry;

(3) Stimulate and assist in the expansion of all kinds of business activity which will tend to promote the business development and maintain the economic stability of the county or region, provide maximum opportunities for employment, encourage thrift, and improve the standard of living of the citizens of that county or region;

(4) Cooperate and act in conjunction with other organizations, public or private, in the promotion and advancement of industrial, technological, scientific, commercial, agricultural, and recreational development in that county or region; and

(5) Provide venture financing for the promotion, development, and conduct of all kinds of business activity in that county or region on terms and conditions that would not otherwise be available from existing financial institutions.

(b) In furtherance of such purposes, each company organized under this subchapter shall have the power to: (1) Sue and be sued and to complain and defend in its corporate or limited liability company name; (2) Have perpetual succession, in the case of corporations, unless a limited period of duration is stated in its articles of incorporation; (3) Adopt a company seal, which may be altered at pleasure, and to use it or a facsimile thereof as permitted by law; (4) Within the limitations imposed in this subchapter and in the manner prescribed in this subchapter, borrow money and otherwise contract indebtedness, to issue its bonds, notes, debentures, or other obligations with or without security, and, if with security, to secure the payment thereof by mortgage, pledge, or deed of trust on all or any part of its property, assets, revenues, or income; (5) Purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property or any interest therein; (6) Sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property or assets; (7) Make loans to any qualifying person within its county or region and to establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected with those loans, consistent with the provisions of this subchapter; (8) Purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of: (A) Bonds, securities, or evidences of indebtedness created by any other corporation or corporations of this state or any other state or government or created by any individual, unincorporated association, limited liability company, limited partnership, general partnership, limited liability partnership, limited liability limited partnership, trust estate, improvement district, municipality, or governmental or municipal agency of any character; (B) Shares of the capital stock of any other corporation or corporations of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the corporation may do business, and, while owner of such stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote that stock; and (C) The units of interest of limited liability companies, partnerships, joint ventures, or other business entities of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the business entity may do business, and, while owner of such units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote those units of interest; (9) Make any and all contracts necessary or convenient for the exercise of the powers granted in this subchapter; (10) Elect or appoint officers, agents, and employees of the company and to define their duties and fix their compensation; (11) Conduct its business and to have officers within or without the state; (12) Accept gifts or grants of money, service, or property, real or personal; (13) With the approval of the board of directors or the management committee by action of those persons, make and alter bylaws and regulations not inconsistent with the articles of incorporation or the articles of organization and operating agreement or with the laws of this state for the administration and regulation of the affairs of the company; (14) Encourage and promote the cultural, industrial, technological, scientific, economic, and recreational development of the county or region where it is located; (15) (A) Assist minority businesses in obtaining loans or other means of financial assistance. (B) The terms and conditions of such loans or financial assistance, including the charges for interest and other services, will be consistent with the provisions of this subchapter. (C) Efforts must be made to solicit for review and analysis proposed minority business ventures. (D) Be it further provided that basic loan underwriting standards will not be changed to inconsistently favor or disfavor minority persons or businesses, or both, from the intent of the company's lending practices; and (16) Do and perform any and all acts and things and to have and exercise any and all powers as may be necessary, convenient, or appropriate to effectuate the purpose for which the company is organized.

(1) Sue and be sued and to complain and defend in its corporate or limited liability company name;

(2) Have perpetual succession, in the case of corporations, unless a limited period of duration is stated in its articles of incorporation;

(3) Adopt a company seal, which may be altered at pleasure, and to use it or a facsimile thereof as permitted by law;

(4) Within the limitations imposed in this subchapter and in the manner prescribed in this subchapter, borrow money and otherwise contract indebtedness, to issue its bonds, notes, debentures, or other obligations with or without security, and, if with security, to secure the payment thereof by mortgage, pledge, or deed of trust on all or any part of its property, assets, revenues, or income;

(5) Purchase, receive, lease as lessee, or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property or any interest therein;

(6) Sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property or assets;

(7) Make loans to any qualifying person within its county or region and to establish and regulate the terms and conditions with respect to those loans and the charges for interest and service connected with those loans, consistent with the provisions of this subchapter;

(8) Purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of: (A) Bonds, securities, or evidences of indebtedness created by any other corporation or corporations of this state or any other state or government or created by any individual, unincorporated association, limited liability company, limited partnership, general partnership, limited liability partnership, limited liability limited partnership, trust estate, improvement district, municipality, or governmental or municipal agency of any character; (B) Shares of the capital stock of any other corporation or corporations of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the corporation may do business, and, while owner of such stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote that stock; and (C) The units of interest of limited liability companies, partnerships, joint ventures, or other business entities of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the business entity may do business, and, while owner of such units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote those units of interest;

(A) Bonds, securities, or evidences of indebtedness created by any other corporation or corporations of this state or any other state or government or created by any individual, unincorporated association, limited liability company, limited partnership, general partnership, limited liability partnership, limited liability limited partnership, trust estate, improvement district, municipality, or governmental or municipal agency of any character;

(B) Shares of the capital stock of any other corporation or corporations of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the corporation may do business, and, while owner of such stock, to exercise all the rights, powers, and privileges of ownership, including the right to vote that stock; and

(C) The units of interest of limited liability companies, partnerships, joint ventures, or other business entities of this or any other state or government, subject to such restrictions and limitations, if any, as may be imposed by the laws of this or any other state in which the business entity may do business, and, while owner of such units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote those units of interest;

(9) Make any and all contracts necessary or convenient for the exercise of the powers granted in this subchapter;

(10) Elect or appoint officers, agents, and employees of the company and to define their duties and fix their compensation;

(11) Conduct its business and to have officers within or without the state;

(12) Accept gifts or grants of money, service, or property, real or personal;

(13) With the approval of the board of directors or the management committee by action of those persons, make and alter bylaws and regulations not inconsistent with the articles of incorporation or the articles of organization and operating agreement or with the laws of this state for the administration and regulation of the affairs of the company;

(14) Encourage and promote the cultural, industrial, technological, scientific, economic, and recreational development of the county or region where it is located;

(15) (A) Assist minority businesses in obtaining loans or other means of financial assistance. (B) The terms and conditions of such loans or financial assistance, including the charges for interest and other services, will be consistent with the provisions of this subchapter. (C) Efforts must be made to solicit for review and analysis proposed minority business ventures. (D) Be it further provided that basic loan underwriting standards will not be changed to inconsistently favor or disfavor minority persons or businesses, or both, from the intent of the company's lending practices; and

(A) Assist minority businesses in obtaining loans or other means of financial assistance.

(B) The terms and conditions of such loans or financial assistance, including the charges for interest and other services, will be consistent with the provisions of this subchapter.

(C) Efforts must be made to solicit for review and analysis proposed minority business ventures.

(D) Be it further provided that basic loan underwriting standards will not be changed to inconsistently favor or disfavor minority persons or businesses, or both, from the intent of the company's lending practices; and

(16) Do and perform any and all acts and things and to have and exercise any and all powers as may be necessary, convenient, or appropriate to effectuate the purpose for which the company is organized.

Acts 1991, No. 1029, § 12; 1999, No. 37, § 13.
Ark. Code Ann. § 15-76-317 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-317
Liability for unit expenses
Status: in_force

(a) The liability of each owner in a unit for the payment of unit expenses shall at all times be several and not joint or collective. (b) In no event shall an owner in a unit be chargeable with, directly or indirectly, more than the amount charged to his or her interests in such unit pursuant to the order of the Oil and Gas Commission requiring the operation of the area as a brine production unit or brine expansion unit. Amended by Act 2015, No. 89,§ 12, eff. 2/13/2015. Acts 1979, No. 937, § 10; A.S.A. 1947, § 53-1310.

(a) The liability of each owner in a unit for the payment of unit expenses shall at all times be several and not joint or collective.

(b) In no event shall an owner in a unit be chargeable with, directly or indirectly, more than the amount charged to his or her interests in such unit pursuant to the order of the Oil and Gas Commission requiring the operation of the area as a brine production unit or brine expansion unit.

Amended by Act 2015, No. 89,§ 12, eff. 2/13/2015.

Acts 1979, No. 937, § 10; A.S.A. 1947, § 53-1310.
Ark. Code Ann. § 15-11-101 — AR Code / Title 15 / Chapter 11 / Subchapter 1 / Section 15-11-101
Publicity generally
Status: in_force

It shall be the duty of the Secretary of the Department of Parks, Heritage, and Tourism to: (1) Make available and make use of the materials and information assembled by state agencies and gather additional information and materials concerning the state's resources, its departments and divisions of government, and its institutions; (2) Make this information available to the newspapers, magazines, and other media of publicity for the preparation of articles and stories favorable to the state, its resources, its institutions, and its departments and divisions of government; (3) Prepare paid advertisements favorable to the State of Arkansas and, subject to the approval of the State Parks, Recreation, and Travel Commission, expend such state funds as may be made available for this purpose in the publication of advertisements in magazines, newspapers, and traditional and digital media, either directly with advertising media or through the services of a recognized advertising agency on a commission basis regularly allowed by the advertising media; (4) Assemble and prepare material for the publication of pamphlets, booklets, folders, maps, brochures, and other similar advertising matter concerning the State of Arkansas and contract, subject to the approval of the commission, for the reproduction of advertising matter; (5) Distribute advertising matter to the general public or to special groups for which it is intended, either by mail or other method; and (6) Assist and aid the various departments and divisions of state in the preparation and distribution of pamphlets, booklets, folders, etc., when it may be deemed advisable to give publicity to the activities of any department or division or to inform the public of the activities, rules, or requirements of the state government. Amended by Act 2019, No. 315,§ 1098, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5624, eff. 7/1/2019. Acts 1937, No. 265, § 5; Pope's Dig., § 12030; A.S.A. 1947, § 9-201.

It shall be the duty of the Secretary of the Department of Parks, Heritage, and Tourism to:

(1) Make available and make use of the materials and information assembled by state agencies and gather additional information and materials concerning the state's resources, its departments and divisions of government, and its institutions;

(2) Make this information available to the newspapers, magazines, and other media of publicity for the preparation of articles and stories favorable to the state, its resources, its institutions, and its departments and divisions of government;

(3) Prepare paid advertisements favorable to the State of Arkansas and, subject to the approval of the State Parks, Recreation, and Travel Commission, expend such state funds as may be made available for this purpose in the publication of advertisements in magazines, newspapers, and traditional and digital media, either directly with advertising media or through the services of a recognized advertising agency on a commission basis regularly allowed by the advertising media;

(4) Assemble and prepare material for the publication of pamphlets, booklets, folders, maps, brochures, and other similar advertising matter concerning the State of Arkansas and contract, subject to the approval of the commission, for the reproduction of advertising matter;

(5) Distribute advertising matter to the general public or to special groups for which it is intended, either by mail or other method; and

(6) Assist and aid the various departments and divisions of state in the preparation and distribution of pamphlets, booklets, folders, etc., when it may be deemed advisable to give publicity to the activities of any department or division or to inform the public of the activities, rules, or requirements of the state government.

Amended by Act 2019, No. 315,§ 1098, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5624, eff. 7/1/2019.

Acts 1937, No. 265, § 5; Pope's Dig., § 12030; A.S.A. 1947, § 9-201.
Ark. Code Ann. § 15-22-1106 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1106
Fees for services provided by commission
Status: in_force

(a) (1) The Arkansas Natural Resources Commission may establish and collect fees for its technical and administrative services in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of water systems or parts of water systems financed in whole or in part with moneys in the Safe Drinking Water Fund. (2) The authority granted in this section is supplemental to the authority granted to the commission under other laws to establish fees for its services. (b) The fees shall be payable in any one (1) or more of the following methods from: (1) Proceeds of loans, bonds, notes, or other evidences of indebtedness of an owner purchased from moneys in the fund; (2) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority in connection with the fund; or (3) Periodic payments due on the loans, bonds, notes, or other evidences of indebtedness of an owner purchased with moneys in the fund. Acts 1997, No. 772, § 6; 2003, No. 465, § 2; 2009, No. 457, § 8.

(a) (1) The Arkansas Natural Resources Commission may establish and collect fees for its technical and administrative services in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of water systems or parts of water systems financed in whole or in part with moneys in the Safe Drinking Water Fund. (2) The authority granted in this section is supplemental to the authority granted to the commission under other laws to establish fees for its services.

(1) The Arkansas Natural Resources Commission may establish and collect fees for its technical and administrative services in connection with the planning, design, acquisition, construction, expansion, equipping, or rehabilitation of water systems or parts of water systems financed in whole or in part with moneys in the Safe Drinking Water Fund.

(2) The authority granted in this section is supplemental to the authority granted to the commission under other laws to establish fees for its services.

(b) The fees shall be payable in any one (1) or more of the following methods from: (1) Proceeds of loans, bonds, notes, or other evidences of indebtedness of an owner purchased from moneys in the fund; (2) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority in connection with the fund; or (3) Periodic payments due on the loans, bonds, notes, or other evidences of indebtedness of an owner purchased with moneys in the fund.

(1) Proceeds of loans, bonds, notes, or other evidences of indebtedness of an owner purchased from moneys in the fund;

(2) Proceeds of bonds issued by the commission or the Arkansas Development Finance Authority in connection with the fund; or

(3) Periodic payments due on the loans, bonds, notes, or other evidences of indebtedness of an owner purchased with moneys in the fund.

Acts 1997, No. 772, § 6; 2003, No. 465, § 2; 2009, No. 457, § 8.
Ark. Code Ann. § 15-4-2711 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2711
Administration
Status: in_force

(a) A person claiming an incentive under this subchapter is a "taxpayer" within the meaning of § 26-18-104 and is subject to all applicable provisions of that section. (b) Administration of § 15-4-2706(c) shall be under the Arkansas Tax Procedure Act, § 26-18-101 et seq., and the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (c) (1) All claims for sales and use tax refunds under § 15-4-2706(d) and (e) shall be filed annually with the Department of Finance and Administration within three (3) years from the date of the qualified purchase or purchases. (2) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be denied. (d) (1) The time limitation for § 15-4-2706(d) and (e) for filing claims shall be tolled if: (A) A qualified business fails to pay sales tax on an item that was taxable; and (B) The applicable tax is subsequently assessed as a result of an audit by the department. (2) All claims for sales and use tax refunds relating to an audited purchase are entitled to a refund of interest paid on the amount of tax assessed on the audited purchase if a refund is approved for the purchase. (e) A qualified business shall reach the investment thresholds under § 15-4-2706 within four (4) years from the date of the approved financial incentive agreement. (f) (1) All claims for payroll rebate payments under § 15-4-2707 shall be certified to the department and shall be recertified annually thereafter during the term of the financial incentive agreement. (2) Failure to annually certify or recertify payroll figures and claim the rebate payment shall result in: (A) A ten-percent reduction of the earned rebate if not claimed within one (1) year from the end of the tax year in which the rebate was earned; (B) A one hundred percent (100%) forfeiture of the earned rebate if not claimed within two (2) years from the end of the tax year in which the rebate was earned; or (C) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the Director of the Arkansas Economic Development Commission. (g) (1) If the annual payroll of the business applying for incentives under this subchapter is not met within two (2) years after signing the financial incentive agreement, the business may request in writing an extension of time to reach the required payroll threshold. (2) (A) If the director and the Secretary of the Department of Finance and Administration find that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed four (4) years from the effective date of the financial incentive agreement. (B) However, the extension on projects applying for incentives under § 15-4-2705 is limited to a two-year extension. (3) (A) If a qualified business fails to reach the annual payroll threshold required under the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met. (B) If a qualified business fails to reach the annual payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions. (h) (1) If a qualified business fails to reach the investment threshold before the expiration of the four-year time limit, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the investment threshold was not met. (2) If a qualified business fails to reach the investment threshold of this subchapter under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the investment threshold has not been met or file a lawsuit to enforce the repayment provisions. (i) (1) If the annual payroll of a qualified business receiving incentives under this subchapter falls below the payroll threshold for qualification in a year subsequent to the year in which it initially qualified for the incentive, the incentives outlined in the financial incentive agreement shall be terminated unless a written application for an extension of incentives explaining why the payroll has fallen below the level required for qualification has been filed with and approved by the Arkansas Economic Development Commission. (2) The director and the secretary may approve the request for extension of time, not to exceed two (2) years, for the qualified business to bring the payroll back up to the requisite threshold amount and may approve the continuation of incentives during the period the extension is granted. (3) (A) If a qualified business fails to reach the payroll threshold before the expiration of the two (2) years or the time period established by a subsequent extension of time, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met. (B) If a qualified business fails to reach the payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions. (j) (1) If a qualified business fails to reach the average hourly wage threshold for incentives under this subchapter as specified in an approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business for which the average hourly wage threshold has not been met. (2) If a qualified business fails to meet the hourly wage threshold, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the average hourly wage threshold has not been met or file a lawsuit to enforce the repayment provisions. (k) (1) Eligible businesses whose qualification depends on receiving either fifty-one percent (51%) or seventy-five percent (75%) of their sales revenue from out-of-state customers shall meet this requirement within three (3) years from the approval date of their financial incentive agreement. (2) (A) If the requirement under subdivision (k)(1) of this section is not met within three (3) years of the approved financial incentive agreement, the qualified business may request in writing an extension of time to reach the required sales threshold. (B) If the director finds that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed an additional two (2) years. (l) (1) If a qualified business fails to meet the out-of-state revenue requirements of this subchapter under the specified deadlines in the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the sales threshold has not been met. (2) If a qualified business fails to meet the out-of-state revenue requirements, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the sales threshold has not been met or file a lawsuit to enforce the repayment provisions. (m) (1) If a qualified business fails to notify the department that the annual payroll of the qualified business has fallen below the payroll threshold for qualification for and retention of any incentive authorized by this subchapter, the qualified business is liable for the repayment of all incentives that were paid to the qualified business and that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met after it no longer qualified for the incentives. (2) If a qualified business fails to notify the department that the qualified business has fallen below the payroll threshold, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met or file a lawsuit to enforce the repayment provisions. (3) Interest shall also be due at the rate of ten percent (10%) per annum. (n) (1) For a qualified business taking advantage of one (1) or more of the investment incentives offered in § 15-4-2706 , if the project costs exceed the initial project cost estimate included in the approved financial incentive agreement, the qualified business shall submit an amended project plan to include updated cost figures as soon as the cost overrun is recognized. (2) (A) An amendment that exceeds twenty-five percent (25%) of the original financial incentive agreement estimate shall not be approved and shall be submitted as a new project. (B) An amendment shall not change the start date of the original project. (o) (1) The department may obtain whatever information is necessary from a qualified business and from the Division of Workforce Services to verify that a qualified business is complying with the terms of the financial incentive agreements and reporting accurate information concerning investments, payrolls, wages, and out-of-state revenues to the department. (2) The department shall provide the information obtained under subdivision (o)(1) of this section to the director upon request by the director. (p) The department may file a lawsuit in the Pulaski County Circuit Court or the circuit court in any county where a qualified business is located to enforce the repayment provisions of this subchapter. (q) (1) If a qualified business fails to satisfy or maintain any other requirement or threshold of this subchapter, the qualified business is liable for the repayment of all incentives that were paid to the qualified business after it no longer qualified. (2) If a qualified business fails to comply with the requirements or thresholds of this subchapter, the department has two (2) years to collect incentives previously received by the qualified business for noncompliant financial incentive agreements or file a lawsuit to enforce the repayment provisions. (r) If a repayment is required as a result of not complying with the requirements or thresholds of this subchapter, interest shall be due at the rate of ten percent (10%) per annum. Amended by Act 2021, No. 593,§ 1, eff. 1/1/2023. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 417, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 416, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 415, eff. 7/1/2019. Acts 2003, No. 182, § 1; 2005, No. 1296, §§ 9-12; 2009, No. 625, § 2; 2009, No. 716, § 12.

(a) A person claiming an incentive under this subchapter is a "taxpayer" within the meaning of § 26-18-104 and is subject to all applicable provisions of that section.

(b) Administration of § 15-4-2706(c) shall be under the Arkansas Tax Procedure Act, § 26-18-101 et seq., and the Independent Tax Appeals Commission Act, § 26-18-1101 et seq.

(c) (1) All claims for sales and use tax refunds under § 15-4-2706(d) and (e) shall be filed annually with the Department of Finance and Administration within three (3) years from the date of the qualified purchase or purchases. (2) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be denied.

(1) All claims for sales and use tax refunds under § 15-4-2706(d) and (e) shall be filed annually with the Department of Finance and Administration within three (3) years from the date of the qualified purchase or purchases.

(2) Claims filed after three (3) years from the date of the qualified purchase or purchases shall be denied.

(d) (1) The time limitation for § 15-4-2706(d) and (e) for filing claims shall be tolled if: (A) A qualified business fails to pay sales tax on an item that was taxable; and (B) The applicable tax is subsequently assessed as a result of an audit by the department. (2) All claims for sales and use tax refunds relating to an audited purchase are entitled to a refund of interest paid on the amount of tax assessed on the audited purchase if a refund is approved for the purchase.

(1) The time limitation for § 15-4-2706(d) and (e) for filing claims shall be tolled if: (A) A qualified business fails to pay sales tax on an item that was taxable; and (B) The applicable tax is subsequently assessed as a result of an audit by the department.

(A) A qualified business fails to pay sales tax on an item that was taxable; and

(B) The applicable tax is subsequently assessed as a result of an audit by the department.

(2) All claims for sales and use tax refunds relating to an audited purchase are entitled to a refund of interest paid on the amount of tax assessed on the audited purchase if a refund is approved for the purchase.

(e) A qualified business shall reach the investment thresholds under § 15-4-2706 within four (4) years from the date of the approved financial incentive agreement.

(f) (1) All claims for payroll rebate payments under § 15-4-2707 shall be certified to the department and shall be recertified annually thereafter during the term of the financial incentive agreement. (2) Failure to annually certify or recertify payroll figures and claim the rebate payment shall result in: (A) A ten-percent reduction of the earned rebate if not claimed within one (1) year from the end of the tax year in which the rebate was earned; (B) A one hundred percent (100%) forfeiture of the earned rebate if not claimed within two (2) years from the end of the tax year in which the rebate was earned; or (C) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the Director of the Arkansas Economic Development Commission.

(1) All claims for payroll rebate payments under § 15-4-2707 shall be certified to the department and shall be recertified annually thereafter during the term of the financial incentive agreement.

(2) Failure to annually certify or recertify payroll figures and claim the rebate payment shall result in: (A) A ten-percent reduction of the earned rebate if not claimed within one (1) year from the end of the tax year in which the rebate was earned; (B) A one hundred percent (100%) forfeiture of the earned rebate if not claimed within two (2) years from the end of the tax year in which the rebate was earned; or (C) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the Director of the Arkansas Economic Development Commission.

(A) A ten-percent reduction of the earned rebate if not claimed within one (1) year from the end of the tax year in which the rebate was earned;

(B) A one hundred percent (100%) forfeiture of the earned rebate if not claimed within two (2) years from the end of the tax year in which the rebate was earned; or

(C) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the Director of the Arkansas Economic Development Commission.

(g) (1) If the annual payroll of the business applying for incentives under this subchapter is not met within two (2) years after signing the financial incentive agreement, the business may request in writing an extension of time to reach the required payroll threshold. (2) (A) If the director and the Secretary of the Department of Finance and Administration find that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed four (4) years from the effective date of the financial incentive agreement. (B) However, the extension on projects applying for incentives under § 15-4-2705 is limited to a two-year extension. (3) (A) If a qualified business fails to reach the annual payroll threshold required under the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met. (B) If a qualified business fails to reach the annual payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(1) If the annual payroll of the business applying for incentives under this subchapter is not met within two (2) years after signing the financial incentive agreement, the business may request in writing an extension of time to reach the required payroll threshold.

(2) (A) If the director and the Secretary of the Department of Finance and Administration find that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed four (4) years from the effective date of the financial incentive agreement. (B) However, the extension on projects applying for incentives under § 15-4-2705 is limited to a two-year extension.

(A) If the director and the Secretary of the Department of Finance and Administration find that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed four (4) years from the effective date of the financial incentive agreement.

(B) However, the extension on projects applying for incentives under § 15-4-2705 is limited to a two-year extension.

(3) (A) If a qualified business fails to reach the annual payroll threshold required under the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met. (B) If a qualified business fails to reach the annual payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(A) If a qualified business fails to reach the annual payroll threshold required under the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met.

(B) If a qualified business fails to reach the annual payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(h) (1) If a qualified business fails to reach the investment threshold before the expiration of the four-year time limit, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the investment threshold was not met. (2) If a qualified business fails to reach the investment threshold of this subchapter under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the investment threshold has not been met or file a lawsuit to enforce the repayment provisions.

(1) If a qualified business fails to reach the investment threshold before the expiration of the four-year time limit, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the investment threshold was not met.

(2) If a qualified business fails to reach the investment threshold of this subchapter under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the investment threshold has not been met or file a lawsuit to enforce the repayment provisions.

(i) (1) If the annual payroll of a qualified business receiving incentives under this subchapter falls below the payroll threshold for qualification in a year subsequent to the year in which it initially qualified for the incentive, the incentives outlined in the financial incentive agreement shall be terminated unless a written application for an extension of incentives explaining why the payroll has fallen below the level required for qualification has been filed with and approved by the Arkansas Economic Development Commission. (2) The director and the secretary may approve the request for extension of time, not to exceed two (2) years, for the qualified business to bring the payroll back up to the requisite threshold amount and may approve the continuation of incentives during the period the extension is granted. (3) (A) If a qualified business fails to reach the payroll threshold before the expiration of the two (2) years or the time period established by a subsequent extension of time, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met. (B) If a qualified business fails to reach the payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(1) If the annual payroll of a qualified business receiving incentives under this subchapter falls below the payroll threshold for qualification in a year subsequent to the year in which it initially qualified for the incentive, the incentives outlined in the financial incentive agreement shall be terminated unless a written application for an extension of incentives explaining why the payroll has fallen below the level required for qualification has been filed with and approved by the Arkansas Economic Development Commission.

(2) The director and the secretary may approve the request for extension of time, not to exceed two (2) years, for the qualified business to bring the payroll back up to the requisite threshold amount and may approve the continuation of incentives during the period the extension is granted.

(3) (A) If a qualified business fails to reach the payroll threshold before the expiration of the two (2) years or the time period established by a subsequent extension of time, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met. (B) If a qualified business fails to reach the payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(A) If a qualified business fails to reach the payroll threshold before the expiration of the two (2) years or the time period established by a subsequent extension of time, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met.

(B) If a qualified business fails to reach the payroll threshold required under an approved financial incentive agreement, the department has two (2) years to collect incentives previously received by the qualified business or file a lawsuit to enforce the repayment provisions.

(j) (1) If a qualified business fails to reach the average hourly wage threshold for incentives under this subchapter as specified in an approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business for which the average hourly wage threshold has not been met. (2) If a qualified business fails to meet the hourly wage threshold, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the average hourly wage threshold has not been met or file a lawsuit to enforce the repayment provisions.

(1) If a qualified business fails to reach the average hourly wage threshold for incentives under this subchapter as specified in an approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business for which the average hourly wage threshold has not been met.

(2) If a qualified business fails to meet the hourly wage threshold, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the average hourly wage threshold has not been met or file a lawsuit to enforce the repayment provisions.

(k) (1) Eligible businesses whose qualification depends on receiving either fifty-one percent (51%) or seventy-five percent (75%) of their sales revenue from out-of-state customers shall meet this requirement within three (3) years from the approval date of their financial incentive agreement. (2) (A) If the requirement under subdivision (k)(1) of this section is not met within three (3) years of the approved financial incentive agreement, the qualified business may request in writing an extension of time to reach the required sales threshold. (B) If the director finds that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed an additional two (2) years.

(1) Eligible businesses whose qualification depends on receiving either fifty-one percent (51%) or seventy-five percent (75%) of their sales revenue from out-of-state customers shall meet this requirement within three (3) years from the approval date of their financial incentive agreement.

(2) (A) If the requirement under subdivision (k)(1) of this section is not met within three (3) years of the approved financial incentive agreement, the qualified business may request in writing an extension of time to reach the required sales threshold. (B) If the director finds that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed an additional two (2) years.

(A) If the requirement under subdivision (k)(1) of this section is not met within three (3) years of the approved financial incentive agreement, the qualified business may request in writing an extension of time to reach the required sales threshold.

(B) If the director finds that the qualified business has presented compelling reasons for an extension of time, the director may grant an extension of time not to exceed an additional two (2) years.

(l) (1) If a qualified business fails to meet the out-of-state revenue requirements of this subchapter under the specified deadlines in the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the sales threshold has not been met. (2) If a qualified business fails to meet the out-of-state revenue requirements, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the sales threshold has not been met or file a lawsuit to enforce the repayment provisions.

(1) If a qualified business fails to meet the out-of-state revenue requirements of this subchapter under the specified deadlines in the approved financial incentive agreement, the qualified business is liable for the repayment of all incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the sales threshold has not been met.

(2) If a qualified business fails to meet the out-of-state revenue requirements, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the sales threshold has not been met or file a lawsuit to enforce the repayment provisions.

(m) (1) If a qualified business fails to notify the department that the annual payroll of the qualified business has fallen below the payroll threshold for qualification for and retention of any incentive authorized by this subchapter, the qualified business is liable for the repayment of all incentives that were paid to the qualified business and that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met after it no longer qualified for the incentives. (2) If a qualified business fails to notify the department that the qualified business has fallen below the payroll threshold, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met or file a lawsuit to enforce the repayment provisions. (3) Interest shall also be due at the rate of ten percent (10%) per annum.

(1) If a qualified business fails to notify the department that the annual payroll of the qualified business has fallen below the payroll threshold for qualification for and retention of any incentive authorized by this subchapter, the qualified business is liable for the repayment of all incentives that were paid to the qualified business and that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met after it no longer qualified for the incentives.

(2) If a qualified business fails to notify the department that the qualified business has fallen below the payroll threshold, the department has two (2) years to collect incentives previously received by the qualified business that were conditioned on the approved financial incentive agreement for which the payroll threshold has not been met or file a lawsuit to enforce the repayment provisions.

(3) Interest shall also be due at the rate of ten percent (10%) per annum.

(n) (1) For a qualified business taking advantage of one (1) or more of the investment incentives offered in § 15-4-2706 , if the project costs exceed the initial project cost estimate included in the approved financial incentive agreement, the qualified business shall submit an amended project plan to include updated cost figures as soon as the cost overrun is recognized. (2) (A) An amendment that exceeds twenty-five percent (25%) of the original financial incentive agreement estimate shall not be approved and shall be submitted as a new project. (B) An amendment shall not change the start date of the original project.

(1) For a qualified business taking advantage of one (1) or more of the investment incentives offered in § 15-4-2706 , if the project costs exceed the initial project cost estimate included in the approved financial incentive agreement, the qualified business shall submit an amended project plan to include updated cost figures as soon as the cost overrun is recognized.

(2) (A) An amendment that exceeds twenty-five percent (25%) of the original financial incentive agreement estimate shall not be approved and shall be submitted as a new project. (B) An amendment shall not change the start date of the original project.

(A) An amendment that exceeds twenty-five percent (25%) of the original financial incentive agreement estimate shall not be approved and shall be submitted as a new project.

(B) An amendment shall not change the start date of the original project.

(o) (1) The department may obtain whatever information is necessary from a qualified business and from the Division of Workforce Services to verify that a qualified business is complying with the terms of the financial incentive agreements and reporting accurate information concerning investments, payrolls, wages, and out-of-state revenues to the department. (2) The department shall provide the information obtained under subdivision (o)(1) of this section to the director upon request by the director.

(1) The department may obtain whatever information is necessary from a qualified business and from the Division of Workforce Services to verify that a qualified business is complying with the terms of the financial incentive agreements and reporting accurate information concerning investments, payrolls, wages, and out-of-state revenues to the department.

(2) The department shall provide the information obtained under subdivision (o)(1) of this section to the director upon request by the director.

(p) The department may file a lawsuit in the Pulaski County Circuit Court or the circuit court in any county where a qualified business is located to enforce the repayment provisions of this subchapter.

(q) (1) If a qualified business fails to satisfy or maintain any other requirement or threshold of this subchapter, the qualified business is liable for the repayment of all incentives that were paid to the qualified business after it no longer qualified. (2) If a qualified business fails to comply with the requirements or thresholds of this subchapter, the department has two (2) years to collect incentives previously received by the qualified business for noncompliant financial incentive agreements or file a lawsuit to enforce the repayment provisions.

(1) If a qualified business fails to satisfy or maintain any other requirement or threshold of this subchapter, the qualified business is liable for the repayment of all incentives that were paid to the qualified business after it no longer qualified.

(2) If a qualified business fails to comply with the requirements or thresholds of this subchapter, the department has two (2) years to collect incentives previously received by the qualified business for noncompliant financial incentive agreements or file a lawsuit to enforce the repayment provisions.

(r) If a repayment is required as a result of not complying with the requirements or thresholds of this subchapter, interest shall be due at the rate of ten percent (10%) per annum.

Amended by Act 2021, No. 593,§ 1, eff. 1/1/2023.

Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 417, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 416, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 415, eff. 7/1/2019.

Acts 2003, No. 182, § 1; 2005, No. 1296, §§ 9-12; 2009, No. 625, § 2; 2009, No. 716, § 12.
Ark. Code Ann. § 15-23-313 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-313
Specific designations - Prohibitions - Policy - Exemptions
Status: in_force

(a) (1) Notwithstanding any other provisions of this subchapter, the following segments of rivers or streams are designated as components of the Arkansas Natural and Scenic Rivers System: (A) The Cossatot River, from Gillham Reservoir, Section 8, Township 5 South, Range 30 West, upstream to its headwaters near Baker Mountain, South Line of Section 15, Township 3 South, Range 30 West; (B) The Strawberry River, from the line dividing Sharp County and Izard County, Section 12, Township 17 North, Range 7 West, upstream to its headwaters near Byron, North Line of Section 3, Township 19 North, Range 9 West; (C) The Saline River, from its confluence with the Ouachita River, Section 9, Township 18 South, Range 10 West, upstream to the Saline-Grant County line; and (D) The Little Missouri River, from the upper end of Lake Greeson, South Line of Section 31, Township 5 South, Range 26 West, upstream to its headwaters south of Big Fork, Center of Section 32, Township 3 South, Range 28 West. (2) The requirement of establishing an advisory committee or developing a management plan as specified in §§ 15-23-308 , 15-23-311 , and 15-23-312 are waived for the segments of rivers or streams designated as components of the system pursuant to this section. (b) The following provisions shall apply only to river segments and stream segments designated as components of the system pursuant to this section: (1) (A) It shall be unlawful for any person to construct any permanent dam or other structure that would impound waters in the principal bed of any of the river segments or stream segments designated as components of the system pursuant to subsection (a) of this section. (B) However, the establishment or maintenance of a water gap fence or low water bridge shall not be deemed a dam obstruction of the flow of such a river or stream unless the water gap fence results in impoundment of the waters of the river or stream; and (2) (A) It shall be unlawful for any person to channelize or realign the principal channel of any of the river segments designated as components of the system pursuant to subsection (a) of this section. (B) However, the clearing, snagging, or removing of river channel blockages caused by floods or other acts of nature shall not be deemed channelization. (c) A violation of subsection (b) of this section shall be a Class C misdemeanor. (d) (1) The Arkansas Natural Heritage Commission is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this section or any rule promulgated under this section, notwithstanding the existence of other remedies at law. (2) The injunction shall be issued without bond. (e) (1) This section shall be construed so as to obtain reasonable conservation of waters in the streams designated in this section. (2) The policy of this state is to: (A) Protect the designated streams and the fish and wildlife in and around those streams; (B) Maintain proper ecological balance; (C) Protect water quality; (D) Protect natural and scenic beauty; (E) Protect riparian landowner rights; and (F) Protect and preserve the designated streams in their natural and scenic state for future generations. (f) None of the provisions of this section shall: (1) Prohibit the continued use of all existing water intake structures and appurtenances for the purpose of withdrawal of surface water for any and all beneficial uses; (2) Prohibit the construction of water intake structures in the future; or (3) Be deemed to in any way impair or interfere with the continuation of the present uses of lands along any river or stream. Amended by Act 2019, No. 315,§ 1144, eff. 7/24/2019. Acts 1979, No. 257, § 17 as added by Acts 1985, No. 689, § 2; 1985, No. 689, §§ 1, 3; A.S.A. 1947, §§ 9-1215 -- 9-1217; Acts 1997, No. 1023, § 9; 1997 No. 1049, § 1.

(a) (1) Notwithstanding any other provisions of this subchapter, the following segments of rivers or streams are designated as components of the Arkansas Natural and Scenic Rivers System: (A) The Cossatot River, from Gillham Reservoir, Section 8, Township 5 South, Range 30 West, upstream to its headwaters near Baker Mountain, South Line of Section 15, Township 3 South, Range 30 West; (B) The Strawberry River, from the line dividing Sharp County and Izard County, Section 12, Township 17 North, Range 7 West, upstream to its headwaters near Byron, North Line of Section 3, Township 19 North, Range 9 West; (C) The Saline River, from its confluence with the Ouachita River, Section 9, Township 18 South, Range 10 West, upstream to the Saline-Grant County line; and (D) The Little Missouri River, from the upper end of Lake Greeson, South Line of Section 31, Township 5 South, Range 26 West, upstream to its headwaters south of Big Fork, Center of Section 32, Township 3 South, Range 28 West. (2) The requirement of establishing an advisory committee or developing a management plan as specified in §§ 15-23-308 , 15-23-311 , and 15-23-312 are waived for the segments of rivers or streams designated as components of the system pursuant to this section.

(1) Notwithstanding any other provisions of this subchapter, the following segments of rivers or streams are designated as components of the Arkansas Natural and Scenic Rivers System: (A) The Cossatot River, from Gillham Reservoir, Section 8, Township 5 South, Range 30 West, upstream to its headwaters near Baker Mountain, South Line of Section 15, Township 3 South, Range 30 West; (B) The Strawberry River, from the line dividing Sharp County and Izard County, Section 12, Township 17 North, Range 7 West, upstream to its headwaters near Byron, North Line of Section 3, Township 19 North, Range 9 West; (C) The Saline River, from its confluence with the Ouachita River, Section 9, Township 18 South, Range 10 West, upstream to the Saline-Grant County line; and (D) The Little Missouri River, from the upper end of Lake Greeson, South Line of Section 31, Township 5 South, Range 26 West, upstream to its headwaters south of Big Fork, Center of Section 32, Township 3 South, Range 28 West.

(A) The Cossatot River, from Gillham Reservoir, Section 8, Township 5 South, Range 30 West, upstream to its headwaters near Baker Mountain, South Line of Section 15, Township 3 South, Range 30 West;

(B) The Strawberry River, from the line dividing Sharp County and Izard County, Section 12, Township 17 North, Range 7 West, upstream to its headwaters near Byron, North Line of Section 3, Township 19 North, Range 9 West;

(C) The Saline River, from its confluence with the Ouachita River, Section 9, Township 18 South, Range 10 West, upstream to the Saline-Grant County line; and

(D) The Little Missouri River, from the upper end of Lake Greeson, South Line of Section 31, Township 5 South, Range 26 West, upstream to its headwaters south of Big Fork, Center of Section 32, Township 3 South, Range 28 West.

(2) The requirement of establishing an advisory committee or developing a management plan as specified in §§ 15-23-308 , 15-23-311 , and 15-23-312 are waived for the segments of rivers or streams designated as components of the system pursuant to this section.

(b) The following provisions shall apply only to river segments and stream segments designated as components of the system pursuant to this section: (1) (A) It shall be unlawful for any person to construct any permanent dam or other structure that would impound waters in the principal bed of any of the river segments or stream segments designated as components of the system pursuant to subsection (a) of this section. (B) However, the establishment or maintenance of a water gap fence or low water bridge shall not be deemed a dam obstruction of the flow of such a river or stream unless the water gap fence results in impoundment of the waters of the river or stream; and (2) (A) It shall be unlawful for any person to channelize or realign the principal channel of any of the river segments designated as components of the system pursuant to subsection (a) of this section. (B) However, the clearing, snagging, or removing of river channel blockages caused by floods or other acts of nature shall not be deemed channelization.

(1) (A) It shall be unlawful for any person to construct any permanent dam or other structure that would impound waters in the principal bed of any of the river segments or stream segments designated as components of the system pursuant to subsection (a) of this section. (B) However, the establishment or maintenance of a water gap fence or low water bridge shall not be deemed a dam obstruction of the flow of such a river or stream unless the water gap fence results in impoundment of the waters of the river or stream; and

(A) It shall be unlawful for any person to construct any permanent dam or other structure that would impound waters in the principal bed of any of the river segments or stream segments designated as components of the system pursuant to subsection (a) of this section.

(B) However, the establishment or maintenance of a water gap fence or low water bridge shall not be deemed a dam obstruction of the flow of such a river or stream unless the water gap fence results in impoundment of the waters of the river or stream; and

(2) (A) It shall be unlawful for any person to channelize or realign the principal channel of any of the river segments designated as components of the system pursuant to subsection (a) of this section. (B) However, the clearing, snagging, or removing of river channel blockages caused by floods or other acts of nature shall not be deemed channelization.

(A) It shall be unlawful for any person to channelize or realign the principal channel of any of the river segments designated as components of the system pursuant to subsection (a) of this section.

(B) However, the clearing, snagging, or removing of river channel blockages caused by floods or other acts of nature shall not be deemed channelization.

(c) A violation of subsection (b) of this section shall be a Class C misdemeanor.

(d) (1) The Arkansas Natural Heritage Commission is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this section or any rule promulgated under this section, notwithstanding the existence of other remedies at law. (2) The injunction shall be issued without bond.

(1) The Arkansas Natural Heritage Commission is authorized to apply for and the court is authorized to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this section or any rule promulgated under this section, notwithstanding the existence of other remedies at law.

(2) The injunction shall be issued without bond.

(e) (1) This section shall be construed so as to obtain reasonable conservation of waters in the streams designated in this section. (2) The policy of this state is to: (A) Protect the designated streams and the fish and wildlife in and around those streams; (B) Maintain proper ecological balance; (C) Protect water quality; (D) Protect natural and scenic beauty; (E) Protect riparian landowner rights; and (F) Protect and preserve the designated streams in their natural and scenic state for future generations.

(1) This section shall be construed so as to obtain reasonable conservation of waters in the streams designated in this section.

(2) The policy of this state is to: (A) Protect the designated streams and the fish and wildlife in and around those streams; (B) Maintain proper ecological balance; (C) Protect water quality; (D) Protect natural and scenic beauty; (E) Protect riparian landowner rights; and (F) Protect and preserve the designated streams in their natural and scenic state for future generations.

(A) Protect the designated streams and the fish and wildlife in and around those streams;

(B) Maintain proper ecological balance;

(C) Protect water quality;

(D) Protect natural and scenic beauty;

(E) Protect riparian landowner rights; and

(F) Protect and preserve the designated streams in their natural and scenic state for future generations.

(f) None of the provisions of this section shall: (1) Prohibit the continued use of all existing water intake structures and appurtenances for the purpose of withdrawal of surface water for any and all beneficial uses; (2) Prohibit the construction of water intake structures in the future; or (3) Be deemed to in any way impair or interfere with the continuation of the present uses of lands along any river or stream.

(1) Prohibit the continued use of all existing water intake structures and appurtenances for the purpose of withdrawal of surface water for any and all beneficial uses;

(2) Prohibit the construction of water intake structures in the future; or

(3) Be deemed to in any way impair or interfere with the continuation of the present uses of lands along any river or stream.

Amended by Act 2019, No. 315,§ 1144, eff. 7/24/2019.

Acts 1979, No. 257, § 17 as added by Acts 1985, No. 689, § 2; 1985, No. 689, §§ 1, 3; A.S.A. 1947, §§ 9-1215 -- 9-1217; Acts 1997, No. 1023, § 9; 1997 No. 1049, § 1.
Ark. Code Ann. § 15-72-212 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-212
Failure to control wild wells
Status: in_force

(a) In order to protect the natural gas fields and oil fields in this state, it is declared to be unlawful for any person to negligently permit any gas or oil well to go wild or to get out of control. (b) The owner of any wild well shall, after twenty-four (24) hours' written notice by the Oil and Gas Commission given to him or her or to the person in possession of the well, make reasonable effort to control such well. (c) The commission shall have the right to take charge of the work of controlling any wild well and shall have the right to proceed through its own agents or by contract with a responsible contractor to control the well or otherwise to prevent the escape or loss of gas or oil from the well all at the reasonable expense of the owner of the well if the owner of the well fails within twenty-four (24) hours after service of the notice provided for in subsection (b) of this section to: (1) Control the well if control could reasonably be achieved within the period; or (2) Begin in good faith upon service of the notice operations to control the well; or (3) Prosecute diligently such operations. (d) In order to secure to the commission the payment of the reasonable cost and expense of controlling or plugging the well, the commission shall retain the possession of the well and shall be entitled to receive and retain the rents, revenues, and incomes therefrom until the costs and expense incurred by the commission shall be repaid. When all costs and expenses have been repaid, the commission shall restore possession of the well to the owner. However, in the event the income received by the commission shall not be sufficient to reimburse the commission as provided for in this section, the commission shall have a lien or privilege upon all of the property of the owner of the well, except property exempt by law. The commission shall then proceed to enforce the lien or privilege by suit brought in any court of competent jurisdiction the same as any other civil action and the judgment so obtained shall be executed in the same manner now provided by law for execution of judgments. Any excess over the amount due the commission which the property seized and sold may bring, after payment of court costs, shall be paid over to the owner of the well. Acts 1939, No. 105, § 26; A.S.A. 1947, § 53-126.

(a) In order to protect the natural gas fields and oil fields in this state, it is declared to be unlawful for any person to negligently permit any gas or oil well to go wild or to get out of control.

(b) The owner of any wild well shall, after twenty-four (24) hours' written notice by the Oil and Gas Commission given to him or her or to the person in possession of the well, make reasonable effort to control such well.

(c) The commission shall have the right to take charge of the work of controlling any wild well and shall have the right to proceed through its own agents or by contract with a responsible contractor to control the well or otherwise to prevent the escape or loss of gas or oil from the well all at the reasonable expense of the owner of the well if the owner of the well fails within twenty-four (24) hours after service of the notice provided for in subsection (b) of this section to: (1) Control the well if control could reasonably be achieved within the period; or (2) Begin in good faith upon service of the notice operations to control the well; or (3) Prosecute diligently such operations.

(1) Control the well if control could reasonably be achieved within the period; or

(2) Begin in good faith upon service of the notice operations to control the well; or

(3) Prosecute diligently such operations.

(d) In order to secure to the commission the payment of the reasonable cost and expense of controlling or plugging the well, the commission shall retain the possession of the well and shall be entitled to receive and retain the rents, revenues, and incomes therefrom until the costs and expense incurred by the commission shall be repaid. When all costs and expenses have been repaid, the commission shall restore possession of the well to the owner. However, in the event the income received by the commission shall not be sufficient to reimburse the commission as provided for in this section, the commission shall have a lien or privilege upon all of the property of the owner of the well, except property exempt by law. The commission shall then proceed to enforce the lien or privilege by suit brought in any court of competent jurisdiction the same as any other civil action and the judgment so obtained shall be executed in the same manner now provided by law for execution of judgments. Any excess over the amount due the commission which the property seized and sold may bring, after payment of court costs, shall be paid over to the owner of the well.

Acts 1939, No. 105, § 26; A.S.A. 1947, § 53-126.
Ark. Code Ann. § 15-11-205 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-205
Secretary of the Department of Parks, Heritage, and Tourism
Status: in_force

(a) The Secretary of the Department of Parks, Heritage, and Tourism shall be charged with the duty of administering the provisions of this subchapter and the rules and orders established thereunder. (b) The State Parks, Recreation, and Travel Commission, by resolution duly adopted, may delegate to the secretary any of the powers or duties vested in or imposed upon it by this subchapter, and the delegated powers and duties may be exercised by the secretary in the name of the commission. (c) (1) The secretary shall employ, upon the recommendation of the commission, a Director of the State Parks Division and a Director of the Tourism Division, and such assistants and other personnel as necessary to properly administer the provisions of this subchapter, with the duties of both the Director of the State Parks Division and the Director of the Tourism Division, and such assistants as appointed to be independent of the other, but the Director of the State Parks Division and the Director of the Tourism Division shall cooperate as necessary for the proper performance of the commission and the Department of Parks, Heritage, and Tourism. (2) The Director of the Tourism Division, as appointed by the secretary, shall be a person with a background in the travel service industry or editorial experience in news media with a minimum of three (3) years' experience in news media or travel service, with special consideration being given to a background in advertising. (d) (1) The department may enter into contracts with department employees for the provision of golf lessons at the department's golf courses if the: (A) Lessons occur outside of the employee's normal working hours; (B) Employee is a Class A member or apprentice of the Professional Golfers' Association of America or the Ladies Professional Golf Association; and (C) Director of the State Parks Division has approved the contract as being in accordance with department standards and procedures for concession and operating contracts. (2) Compensation to employees under subdivision (d)(1) of this section does not count toward determining retirement system benefits. Amended by Act 2023, No. 344,§ 24, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1099, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5627, eff. 7/1/2019. Acts 1955, No. 330, § 7; 1969, No. 85, § 3; A.S.A. 1947, § 9-208.

(a) The Secretary of the Department of Parks, Heritage, and Tourism shall be charged with the duty of administering the provisions of this subchapter and the rules and orders established thereunder.

(b) The State Parks, Recreation, and Travel Commission, by resolution duly adopted, may delegate to the secretary any of the powers or duties vested in or imposed upon it by this subchapter, and the delegated powers and duties may be exercised by the secretary in the name of the commission.

(c) (1) The secretary shall employ, upon the recommendation of the commission, a Director of the State Parks Division and a Director of the Tourism Division, and such assistants and other personnel as necessary to properly administer the provisions of this subchapter, with the duties of both the Director of the State Parks Division and the Director of the Tourism Division, and such assistants as appointed to be independent of the other, but the Director of the State Parks Division and the Director of the Tourism Division shall cooperate as necessary for the proper performance of the commission and the Department of Parks, Heritage, and Tourism. (2) The Director of the Tourism Division, as appointed by the secretary, shall be a person with a background in the travel service industry or editorial experience in news media with a minimum of three (3) years' experience in news media or travel service, with special consideration being given to a background in advertising.

(1) The secretary shall employ, upon the recommendation of the commission, a Director of the State Parks Division and a Director of the Tourism Division, and such assistants and other personnel as necessary to properly administer the provisions of this subchapter, with the duties of both the Director of the State Parks Division and the Director of the Tourism Division, and such assistants as appointed to be independent of the other, but the Director of the State Parks Division and the Director of the Tourism Division shall cooperate as necessary for the proper performance of the commission and the Department of Parks, Heritage, and Tourism.

(2) The Director of the Tourism Division, as appointed by the secretary, shall be a person with a background in the travel service industry or editorial experience in news media with a minimum of three (3) years' experience in news media or travel service, with special consideration being given to a background in advertising.

(d) (1) The department may enter into contracts with department employees for the provision of golf lessons at the department's golf courses if the: (A) Lessons occur outside of the employee's normal working hours; (B) Employee is a Class A member or apprentice of the Professional Golfers' Association of America or the Ladies Professional Golf Association; and (C) Director of the State Parks Division has approved the contract as being in accordance with department standards and procedures for concession and operating contracts. (2) Compensation to employees under subdivision (d)(1) of this section does not count toward determining retirement system benefits.

(1) The department may enter into contracts with department employees for the provision of golf lessons at the department's golf courses if the: (A) Lessons occur outside of the employee's normal working hours; (B) Employee is a Class A member or apprentice of the Professional Golfers' Association of America or the Ladies Professional Golf Association; and (C) Director of the State Parks Division has approved the contract as being in accordance with department standards and procedures for concession and operating contracts.

(A) Lessons occur outside of the employee's normal working hours;

(B) Employee is a Class A member or apprentice of the Professional Golfers' Association of America or the Ladies Professional Golf Association; and

(C) Director of the State Parks Division has approved the contract as being in accordance with department standards and procedures for concession and operating contracts.

(2) Compensation to employees under subdivision (d)(1) of this section does not count toward determining retirement system benefits.

Amended by Act 2023, No. 344,§ 24, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 1099, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5627, eff. 7/1/2019.

Acts 1955, No. 330, § 7; 1969, No. 85, § 3; A.S.A. 1947, § 9-208.
Ark. Code Ann. § 15-44-108 — AR Code / Title 15 / Chapter 44 / Section 15-44-108
Storage regulations
Status: in_force

(a) Any person, firm, or corporation owning or operating any cold storage plant or facility therefor who permits or authorizes the storing of any game animals or birds therein shall keep a complete list of the game animals or birds as are placed in storage, together with the name of the owners thereof, and any owner before placing any game birds or animals in cold storage shall attach thereto a card bearing his or her name, the number of birds or animals owned by him or her, and the date placed therein. This tag shall remain attached thereto during the period of storage. The animals, birds, and records shall be subject to inspection by a duly qualified officer at any and all times. (b) A violation of any provision of subsection (a) of this section shall constitute a misdemeanor. Persons or concerns convicted under this section shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500). Acts 1943, No. 146, § 9; A.S.A. 1947, § 47-502.

(a) Any person, firm, or corporation owning or operating any cold storage plant or facility therefor who permits or authorizes the storing of any game animals or birds therein shall keep a complete list of the game animals or birds as are placed in storage, together with the name of the owners thereof, and any owner before placing any game birds or animals in cold storage shall attach thereto a card bearing his or her name, the number of birds or animals owned by him or her, and the date placed therein. This tag shall remain attached thereto during the period of storage. The animals, birds, and records shall be subject to inspection by a duly qualified officer at any and all times.

(b) A violation of any provision of subsection (a) of this section shall constitute a misdemeanor. Persons or concerns convicted under this section shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500).

Acts 1943, No. 146, § 9; A.S.A. 1947, § 47-502.
Ark. Code Ann. § 15-72-1101 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Oil and Gas Owners' Lien Act of 2021". Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

This subchapter shall be known and may be cited as the "Oil and Gas Owners' Lien Act of 2021".

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-42-105 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-105
Free or discounted licenses
Status: in_force

The Arkansas State Game and Fish Commission shall not issue a free or discounted hunting or fishing license to any person except as is specifically authorized or directed by law. Acts 1989, No. 219, § 2.

The Arkansas State Game and Fish Commission shall not issue a free or discounted hunting or fishing license to any person except as is specifically authorized or directed by law.

Acts 1989, No. 219, § 2.
Ark. Code Ann. § 15-23-303 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-303
Definitions
Status: in_force

As used in this subchapter: (1) "Arkansas Natural and Scenic Rivers System" means those rivers or sections thereof designated as natural and scenic rivers by act of the General Assembly; (2) "Natural rivers" means those rivers or sections thereof that are generally free from man-made impoundments and may have primitive, undeveloped roads whose lands are essentially primitive, i.e., with a minimal amount of disturbance by people. The water shall have the use classification AA according to the 1976 Arkansas water quality inventory report by the Arkansas Department of Environmental Quality, now known as the "Division of Environmental Quality"; (3) "Pastoral rivers" means rivers or sections thereof which are readily accessible, have some housing or other development near their shorelines, have preexisting impoundments that do not substantially alter the character and quality of the stream, partially or predominantly flow through agricultural areas, and have the use classification B according to the 1976 Arkansas water quality inventory report by the Arkansas Department of Environmental Quality, now known as the "Division of Environmental Quality"; (4) (A) "River" or "stream" means a natural body of water having a natural channel with a discernible bed and banks, including springs, lakes, marshes, swamps, sloughs, and brakes through which it may flow. (B) The flow of a stream may be intermittent and at such irregular intervals as is characteristic of stream water resources in the surrounding area; and (5) (A) "Scenic rivers" means rivers or sections thereof that are largely free of impoundments. (B) The scenic rivers' shorelines may have a moderate amount of human disturbance which does not substantially interfere with the public use or fish and wildlife, natural vegetation, or water quality of the river. Amended by Act 2019, No. 910,§ 3067, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3066, eff. 7/1/2019. Acts 1979, No. 257, § 8; A.S.A. 1947, § 9-1208; Acts 1999, No. 1164, §§ 134, 135.

As used in this subchapter:

(1) "Arkansas Natural and Scenic Rivers System" means those rivers or sections thereof designated as natural and scenic rivers by act of the General Assembly;

(2) "Natural rivers" means those rivers or sections thereof that are generally free from man-made impoundments and may have primitive, undeveloped roads whose lands are essentially primitive, i.e., with a minimal amount of disturbance by people. The water shall have the use classification AA according to the 1976 Arkansas water quality inventory report by the Arkansas Department of Environmental Quality, now known as the "Division of Environmental Quality";

(3) "Pastoral rivers" means rivers or sections thereof which are readily accessible, have some housing or other development near their shorelines, have preexisting impoundments that do not substantially alter the character and quality of the stream, partially or predominantly flow through agricultural areas, and have the use classification B according to the 1976 Arkansas water quality inventory report by the Arkansas Department of Environmental Quality, now known as the "Division of Environmental Quality";

(4) (A) "River" or "stream" means a natural body of water having a natural channel with a discernible bed and banks, including springs, lakes, marshes, swamps, sloughs, and brakes through which it may flow. (B) The flow of a stream may be intermittent and at such irregular intervals as is characteristic of stream water resources in the surrounding area; and

(A) "River" or "stream" means a natural body of water having a natural channel with a discernible bed and banks, including springs, lakes, marshes, swamps, sloughs, and brakes through which it may flow.

(B) The flow of a stream may be intermittent and at such irregular intervals as is characteristic of stream water resources in the surrounding area; and

(5) (A) "Scenic rivers" means rivers or sections thereof that are largely free of impoundments. (B) The scenic rivers' shorelines may have a moderate amount of human disturbance which does not substantially interfere with the public use or fish and wildlife, natural vegetation, or water quality of the river.

(A) "Scenic rivers" means rivers or sections thereof that are largely free of impoundments.

(B) The scenic rivers' shorelines may have a moderate amount of human disturbance which does not substantially interfere with the public use or fish and wildlife, natural vegetation, or water quality of the river.

Amended by Act 2019, No. 910,§ 3067, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3066, eff. 7/1/2019.

Acts 1979, No. 257, § 8; A.S.A. 1947, § 9-1208; Acts 1999, No. 1164, §§ 134, 135.
Ark. Code Ann. § 15-20-1401 — AR Code / Title 15 / Chapter 20 / Subchapter 14 / Section 15-20-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Premium Biosolid Marketing Incentive Act". Acts 2011, No. 333, § 1.

This subchapter shall be known and may be cited as the "Premium Biosolid Marketing Incentive Act".

Acts 2011, No. 333, § 1.
Ark. Code Ann. § 15-20-1406 — AR Code / Title 15 / Chapter 20 / Subchapter 14 / Section 15-20-1406
Source of program funding
Status: in_force

The Arkansas Natural Resources Commission may use the Arkansas Water Development Fund to finance the cost-share incentives under this subchapter. Acts 2011, No. 333, § 1.

The Arkansas Natural Resources Commission may use the Arkansas Water Development Fund to finance the cost-share incentives under this subchapter.

Acts 2011, No. 333, § 1.
Ark. Code Ann. § 15-57-303 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-303
Definitions
Status: in_force

As used in this subchapter: (1) "Affected land" means the area of land where open-cut mining has been or is taking place or upon which spoil has been deposited or any other surface disturbance, including haul roads, processing and loading facilities, or appurtenances related to the mining operations on or after July 1, 1977, until the land is reclaimed; (2) "Commercial purposes" means the sale of material from an open-cut mine as either a cash transaction, part of a contractual agreement involving payment for materials provided, or for use in another process to create a product with value; (3) "Commission" means the Arkansas Pollution Control and Ecology Commission or such commission or other entity as may lawfully succeed to the powers and duties of the commission; (4) [Repealed.] (5) [Repealed.] (6) "Final cut" means the last pit created in an open-cut mined area; (7) "High wall" means that side of the pit adjacent to unmined land; (8) "Open-cut mining" means the surface extraction of clay, bauxite, sand, gravel, soil, shale, or other materials for commercial purposes; (9) "Operator" means any person engaged in or controlling an open-cut mining operation; (10) "Peak" means a projecting point of spoil created in the open-cut mining process; (11) "Permit term" means the period of time beginning with the date upon which a permit is granted for open-cut mining of lands under the provisions of this subchapter and ending on the date requested by the operator and specified by the Division of Environmental Quality, though not to exceed five (5) years; (12) "Person" means any individual, partnership, firm, company, public or private corporation, cooperative, association, joint-stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or any other legal entity recognized by law as the subject of rights and duties; (13) "Pit" means a tract of land where open-cut mining is taking place; (14) "Reclamation for productive use" means conditioning areas affected by open-cut mining to make them suitable for any uses or purposes consistent with those enumerated in the declaration policy; (15) "Ridge" means a lengthened elevation of spoil created in the open-cut mining process; (16) "Right-of-way" means the portion of land over or under which certain facilities, including, but not limited to, roadways, pipelines, or power lines, are built; and (17) "Spoil" means all waste material and debris connected with open-cut mining and with the mechanical removal, cleaning, and preparation of materials at the mine site. Amended by Act 2019, No. 910,§ 3073, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3072, eff. 7/1/2019. Acts 1991, No. 827, § 3; 1999, No. 1164, § 139; 1999, No. 1526, § 1.

As used in this subchapter:

(1) "Affected land" means the area of land where open-cut mining has been or is taking place or upon which spoil has been deposited or any other surface disturbance, including haul roads, processing and loading facilities, or appurtenances related to the mining operations on or after July 1, 1977, until the land is reclaimed;

(2) "Commercial purposes" means the sale of material from an open-cut mine as either a cash transaction, part of a contractual agreement involving payment for materials provided, or for use in another process to create a product with value;

(3) "Commission" means the Arkansas Pollution Control and Ecology Commission or such commission or other entity as may lawfully succeed to the powers and duties of the commission;

(4) [Repealed.]

(5) [Repealed.]

(6) "Final cut" means the last pit created in an open-cut mined area;

(7) "High wall" means that side of the pit adjacent to unmined land;

(8) "Open-cut mining" means the surface extraction of clay, bauxite, sand, gravel, soil, shale, or other materials for commercial purposes;

(9) "Operator" means any person engaged in or controlling an open-cut mining operation;

(10) "Peak" means a projecting point of spoil created in the open-cut mining process;

(11) "Permit term" means the period of time beginning with the date upon which a permit is granted for open-cut mining of lands under the provisions of this subchapter and ending on the date requested by the operator and specified by the Division of Environmental Quality, though not to exceed five (5) years;

(12) "Person" means any individual, partnership, firm, company, public or private corporation, cooperative, association, joint-stock company, trust, estate, political subdivision, or any agency, board, department, or bureau of the state or any other legal entity recognized by law as the subject of rights and duties;

(13) "Pit" means a tract of land where open-cut mining is taking place;

(14) "Reclamation for productive use" means conditioning areas affected by open-cut mining to make them suitable for any uses or purposes consistent with those enumerated in the declaration policy;

(15) "Ridge" means a lengthened elevation of spoil created in the open-cut mining process;

(16) "Right-of-way" means the portion of land over or under which certain facilities, including, but not limited to, roadways, pipelines, or power lines, are built; and

(17) "Spoil" means all waste material and debris connected with open-cut mining and with the mechanical removal, cleaning, and preparation of materials at the mine site.

Amended by Act 2019, No. 910,§ 3073, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3072, eff. 7/1/2019.

Acts 1991, No. 827, § 3; 1999, No. 1164, § 139; 1999, No. 1526, § 1.
Ark. Code Ann. § 15-41-105 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-105
Programs for migratory waterfowl
Status: in_force

The Arkansas State Game and Fish Commission is directed to emphasize programs for migratory waterfowl. Acts 1979, No. 930, § 7.

The Arkansas State Game and Fish Commission is directed to emphasize programs for migratory waterfowl.

Acts 1979, No. 930, § 7.
Ark. Code Ann. § 15-4-2707 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2707
Economic Development Incentive Fund - Payroll rebate
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Economic Development Incentive Fund" of the Arkansas Economic Development Commission. (b) The fund shall consist of revenues designated for this fund by the Department of Finance and Administration pursuant to approved financial incentive agreements entered into by the commission with qualified businesses. (c) After the department has received and verified the certification of the payrolls of the qualified businesses for the payroll rebate authorized by this section, the department shall transfer the appropriate amount of money designated by the financial incentive agreements out of general revenues into a special account designated as special revenue for the fund. (d) (1) The award of this incentive is at the discretion of the Director of the Arkansas Economic Development Commission and may be offered for a period of up to ten (10) years. (2) (A) To receive an incentive under this section, a qualified business shall meet minimum annual payroll thresholds for new full-time permanent employees for the county tier in which the project is located, as follows: (i) For tier 1 counties, the annual payroll threshold is at least two million dollars ($2,000,000); (ii) For tier 2 counties, the annual payroll threshold is at least one million seven hundred fifty thousand dollars ($1,750,000); (iii) For tier 3 counties, the annual payroll threshold is at least one million five hundred thousand dollars ($1,500,000); and (iv) For tier 4 counties, the annual payroll threshold is at least one million two hundred fifty thousand dollars ($1,250,000). (B) A qualified business approved for an incentive under this subsection shall certify or recertify payroll annually by filing the appropriate documents with the department. (C) The qualified business claiming incentives under this subsection shall claim the rebate payment on an annual basis by certifying or recertifying payroll figures meeting the requisite threshold by filing the appropriate claim forms with the department. (D) Failure to certify or recertify payroll figures and claim the earned rebate payment annually shall result in: (i) A ten-percent reduction of the earned rebate if not claimed within twelve (12) months from the end of the tax year in which the rebate was earned; (ii) A one hundred-percent forfeiture of the earned rebate if not claimed within twenty-four (24) months from the end of the tax year in which the rebate was earned; or (iii) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the director. (3) Payments are subject to the following conditions: (A) For tier 1 counties, the incentive is three and nine-tenths percent (3.9%) of the annual payroll of new full-time permanent employees; (B) For tier 2 counties, the incentive is four and twenty-five-hundredths percent (4.25%) of the annual payroll of new full-time permanent employees; (C) For tier 3 counties, the incentive is four and five-tenths percent (4.5%) of the annual payroll of new full-time permanent employees; (D) For tier 4 counties, the incentive is five percent (5%) of the annual payroll of new full-time permanent employees; and (E) The director may authorize an enhanced incentive to a prospective eligible business of up to five percent (5%) of the payroll of new full-time permanent employees if the following conditions exist: (i) The prospective eligible business is considering a location in another state; (ii) The prospective eligible business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (iii) The prospective eligible business is proposing to pay wages in excess of one hundred percent (100%) of the county average hourly wage of the county in which it locates. (4) To qualify for an incentive under this subsection, except for the enhanced incentive in subdivision (d)(3)(E) of this section, the average hourly wage paid to employees whose payroll is subject to incentives shall be at least equal to the greater of the lowest county average hourly wage as calculated by the commission based on the most recent calendar year data published by the Division of Workforce Services, or twelve dollars and fifty cents ($12.50). (5) A qualified business shall receive an additional incentive of one percent (1%) of the payroll of new full-time permanent employees if the average hourly wage paid to employees subject to incentives exceeds the lesser of one hundred twenty-five percent (125%) of the county or state average hourly wage for the county in which the business locates or expands. (e) (1) Technology-based enterprises, as defined in § 14-164-203 , may earn, at the discretion of the director, a payroll rebate equal to five percent (5%) of the payroll for new full-time permanent employees for a period not to exceed ten (10) years. (2) To qualify for the payroll rebate: (A) The average hourly wage of the payroll for new full-time permanent employees must be at least one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the technology-based enterprise locates or expands; (B) The payroll for new full-time permanent employees must exceed two hundred fifty thousand dollars ($250,000); and (C) The payroll rebate authorized by this subsection shall not be used in combination with the income tax credit based on payroll authorized by § 15-4-2709 . Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 410, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 409, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 408, eff. 7/1/2019. Acts 2003, No. 182, § 1; 2005, No. 1296, § 5; 2007, No. 1596, § 3; 2009, No. 625, § 1.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Economic Development Incentive Fund" of the Arkansas Economic Development Commission.

(b) The fund shall consist of revenues designated for this fund by the Department of Finance and Administration pursuant to approved financial incentive agreements entered into by the commission with qualified businesses.

(c) After the department has received and verified the certification of the payrolls of the qualified businesses for the payroll rebate authorized by this section, the department shall transfer the appropriate amount of money designated by the financial incentive agreements out of general revenues into a special account designated as special revenue for the fund.

(d) (1) The award of this incentive is at the discretion of the Director of the Arkansas Economic Development Commission and may be offered for a period of up to ten (10) years. (2) (A) To receive an incentive under this section, a qualified business shall meet minimum annual payroll thresholds for new full-time permanent employees for the county tier in which the project is located, as follows: (i) For tier 1 counties, the annual payroll threshold is at least two million dollars ($2,000,000); (ii) For tier 2 counties, the annual payroll threshold is at least one million seven hundred fifty thousand dollars ($1,750,000); (iii) For tier 3 counties, the annual payroll threshold is at least one million five hundred thousand dollars ($1,500,000); and (iv) For tier 4 counties, the annual payroll threshold is at least one million two hundred fifty thousand dollars ($1,250,000). (B) A qualified business approved for an incentive under this subsection shall certify or recertify payroll annually by filing the appropriate documents with the department. (C) The qualified business claiming incentives under this subsection shall claim the rebate payment on an annual basis by certifying or recertifying payroll figures meeting the requisite threshold by filing the appropriate claim forms with the department. (D) Failure to certify or recertify payroll figures and claim the earned rebate payment annually shall result in: (i) A ten-percent reduction of the earned rebate if not claimed within twelve (12) months from the end of the tax year in which the rebate was earned; (ii) A one hundred-percent forfeiture of the earned rebate if not claimed within twenty-four (24) months from the end of the tax year in which the rebate was earned; or (iii) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the director. (3) Payments are subject to the following conditions: (A) For tier 1 counties, the incentive is three and nine-tenths percent (3.9%) of the annual payroll of new full-time permanent employees; (B) For tier 2 counties, the incentive is four and twenty-five-hundredths percent (4.25%) of the annual payroll of new full-time permanent employees; (C) For tier 3 counties, the incentive is four and five-tenths percent (4.5%) of the annual payroll of new full-time permanent employees; (D) For tier 4 counties, the incentive is five percent (5%) of the annual payroll of new full-time permanent employees; and (E) The director may authorize an enhanced incentive to a prospective eligible business of up to five percent (5%) of the payroll of new full-time permanent employees if the following conditions exist: (i) The prospective eligible business is considering a location in another state; (ii) The prospective eligible business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (iii) The prospective eligible business is proposing to pay wages in excess of one hundred percent (100%) of the county average hourly wage of the county in which it locates. (4) To qualify for an incentive under this subsection, except for the enhanced incentive in subdivision (d)(3)(E) of this section, the average hourly wage paid to employees whose payroll is subject to incentives shall be at least equal to the greater of the lowest county average hourly wage as calculated by the commission based on the most recent calendar year data published by the Division of Workforce Services, or twelve dollars and fifty cents ($12.50). (5) A qualified business shall receive an additional incentive of one percent (1%) of the payroll of new full-time permanent employees if the average hourly wage paid to employees subject to incentives exceeds the lesser of one hundred twenty-five percent (125%) of the county or state average hourly wage for the county in which the business locates or expands.

(1) The award of this incentive is at the discretion of the Director of the Arkansas Economic Development Commission and may be offered for a period of up to ten (10) years.

(2) (A) To receive an incentive under this section, a qualified business shall meet minimum annual payroll thresholds for new full-time permanent employees for the county tier in which the project is located, as follows: (i) For tier 1 counties, the annual payroll threshold is at least two million dollars ($2,000,000); (ii) For tier 2 counties, the annual payroll threshold is at least one million seven hundred fifty thousand dollars ($1,750,000); (iii) For tier 3 counties, the annual payroll threshold is at least one million five hundred thousand dollars ($1,500,000); and (iv) For tier 4 counties, the annual payroll threshold is at least one million two hundred fifty thousand dollars ($1,250,000). (B) A qualified business approved for an incentive under this subsection shall certify or recertify payroll annually by filing the appropriate documents with the department. (C) The qualified business claiming incentives under this subsection shall claim the rebate payment on an annual basis by certifying or recertifying payroll figures meeting the requisite threshold by filing the appropriate claim forms with the department. (D) Failure to certify or recertify payroll figures and claim the earned rebate payment annually shall result in: (i) A ten-percent reduction of the earned rebate if not claimed within twelve (12) months from the end of the tax year in which the rebate was earned; (ii) A one hundred-percent forfeiture of the earned rebate if not claimed within twenty-four (24) months from the end of the tax year in which the rebate was earned; or (iii) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the director.

(A) To receive an incentive under this section, a qualified business shall meet minimum annual payroll thresholds for new full-time permanent employees for the county tier in which the project is located, as follows: (i) For tier 1 counties, the annual payroll threshold is at least two million dollars ($2,000,000); (ii) For tier 2 counties, the annual payroll threshold is at least one million seven hundred fifty thousand dollars ($1,750,000); (iii) For tier 3 counties, the annual payroll threshold is at least one million five hundred thousand dollars ($1,500,000); and (iv) For tier 4 counties, the annual payroll threshold is at least one million two hundred fifty thousand dollars ($1,250,000).

(i) For tier 1 counties, the annual payroll threshold is at least two million dollars ($2,000,000);

(ii) For tier 2 counties, the annual payroll threshold is at least one million seven hundred fifty thousand dollars ($1,750,000);

(iii) For tier 3 counties, the annual payroll threshold is at least one million five hundred thousand dollars ($1,500,000); and

(iv) For tier 4 counties, the annual payroll threshold is at least one million two hundred fifty thousand dollars ($1,250,000).

(B) A qualified business approved for an incentive under this subsection shall certify or recertify payroll annually by filing the appropriate documents with the department.

(C) The qualified business claiming incentives under this subsection shall claim the rebate payment on an annual basis by certifying or recertifying payroll figures meeting the requisite threshold by filing the appropriate claim forms with the department.

(D) Failure to certify or recertify payroll figures and claim the earned rebate payment annually shall result in: (i) A ten-percent reduction of the earned rebate if not claimed within twelve (12) months from the end of the tax year in which the rebate was earned; (ii) A one hundred-percent forfeiture of the earned rebate if not claimed within twenty-four (24) months from the end of the tax year in which the rebate was earned; or (iii) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the director.

(i) A ten-percent reduction of the earned rebate if not claimed within twelve (12) months from the end of the tax year in which the rebate was earned;

(ii) A one hundred-percent forfeiture of the earned rebate if not claimed within twenty-four (24) months from the end of the tax year in which the rebate was earned; or

(iii) Termination of the financial incentive agreement if an initial certification has not been filed with the department within four (4) years after the date of the approved financial incentive agreement, unless the date has been extended by the director.

(3) Payments are subject to the following conditions: (A) For tier 1 counties, the incentive is three and nine-tenths percent (3.9%) of the annual payroll of new full-time permanent employees; (B) For tier 2 counties, the incentive is four and twenty-five-hundredths percent (4.25%) of the annual payroll of new full-time permanent employees; (C) For tier 3 counties, the incentive is four and five-tenths percent (4.5%) of the annual payroll of new full-time permanent employees; (D) For tier 4 counties, the incentive is five percent (5%) of the annual payroll of new full-time permanent employees; and (E) The director may authorize an enhanced incentive to a prospective eligible business of up to five percent (5%) of the payroll of new full-time permanent employees if the following conditions exist: (i) The prospective eligible business is considering a location in another state; (ii) The prospective eligible business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (iii) The prospective eligible business is proposing to pay wages in excess of one hundred percent (100%) of the county average hourly wage of the county in which it locates.

(A) For tier 1 counties, the incentive is three and nine-tenths percent (3.9%) of the annual payroll of new full-time permanent employees;

(B) For tier 2 counties, the incentive is four and twenty-five-hundredths percent (4.25%) of the annual payroll of new full-time permanent employees;

(C) For tier 3 counties, the incentive is four and five-tenths percent (4.5%) of the annual payroll of new full-time permanent employees;

(D) For tier 4 counties, the incentive is five percent (5%) of the annual payroll of new full-time permanent employees; and

(E) The director may authorize an enhanced incentive to a prospective eligible business of up to five percent (5%) of the payroll of new full-time permanent employees if the following conditions exist: (i) The prospective eligible business is considering a location in another state; (ii) The prospective eligible business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (iii) The prospective eligible business is proposing to pay wages in excess of one hundred percent (100%) of the county average hourly wage of the county in which it locates.

(i) The prospective eligible business is considering a location in another state;

(ii) The prospective eligible business receives at least fifty-one percent (51%) of its sales revenue from out of state; and

(iii) The prospective eligible business is proposing to pay wages in excess of one hundred percent (100%) of the county average hourly wage of the county in which it locates.

(4) To qualify for an incentive under this subsection, except for the enhanced incentive in subdivision (d)(3)(E) of this section, the average hourly wage paid to employees whose payroll is subject to incentives shall be at least equal to the greater of the lowest county average hourly wage as calculated by the commission based on the most recent calendar year data published by the Division of Workforce Services, or twelve dollars and fifty cents ($12.50).

(5) A qualified business shall receive an additional incentive of one percent (1%) of the payroll of new full-time permanent employees if the average hourly wage paid to employees subject to incentives exceeds the lesser of one hundred twenty-five percent (125%) of the county or state average hourly wage for the county in which the business locates or expands.

(e) (1) Technology-based enterprises, as defined in § 14-164-203 , may earn, at the discretion of the director, a payroll rebate equal to five percent (5%) of the payroll for new full-time permanent employees for a period not to exceed ten (10) years. (2) To qualify for the payroll rebate: (A) The average hourly wage of the payroll for new full-time permanent employees must be at least one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the technology-based enterprise locates or expands; (B) The payroll for new full-time permanent employees must exceed two hundred fifty thousand dollars ($250,000); and (C) The payroll rebate authorized by this subsection shall not be used in combination with the income tax credit based on payroll authorized by § 15-4-2709 .

(1) Technology-based enterprises, as defined in § 14-164-203 , may earn, at the discretion of the director, a payroll rebate equal to five percent (5%) of the payroll for new full-time permanent employees for a period not to exceed ten (10) years.

(2) To qualify for the payroll rebate: (A) The average hourly wage of the payroll for new full-time permanent employees must be at least one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the technology-based enterprise locates or expands; (B) The payroll for new full-time permanent employees must exceed two hundred fifty thousand dollars ($250,000); and (C) The payroll rebate authorized by this subsection shall not be used in combination with the income tax credit based on payroll authorized by § 15-4-2709 .

(A) The average hourly wage of the payroll for new full-time permanent employees must be at least one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the technology-based enterprise locates or expands;

(B) The payroll for new full-time permanent employees must exceed two hundred fifty thousand dollars ($250,000); and

(C) The payroll rebate authorized by this subsection shall not be used in combination with the income tax credit based on payroll authorized by § 15-4-2709 .

Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 410, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 409, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 408, eff. 7/1/2019.

Acts 2003, No. 182, § 1; 2005, No. 1296, § 5; 2007, No. 1596, § 3; 2009, No. 625, § 1.
Ark. Code Ann. § 15-32-409 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-409
Failure to mark rafted logs
Status: in_force

(a) Every person rafting logs on any of the rivers of this state shall have the marks thereon on the upper side of every log when rafted, open to view and inspection to all persons interested. (b) Every person violating this section shall forfeit one dollar ($1.00) for each log, the mark of which shall not be so exposed: (1) One-half (1/2) to the use of the person prosecuting therefor; (2) One-fourth (1/4) to the state; and (3) The other one-fourth (1/4) to the prosecuting attorney. Acts 1883, No. 83, § 20, p. 140; C. & M. Dig., § 7000; Pope's Dig., § 8980; A.S.A. 1947, § 54-310.

(a) Every person rafting logs on any of the rivers of this state shall have the marks thereon on the upper side of every log when rafted, open to view and inspection to all persons interested.

(b) Every person violating this section shall forfeit one dollar ($1.00) for each log, the mark of which shall not be so exposed: (1) One-half (1/2) to the use of the person prosecuting therefor; (2) One-fourth (1/4) to the state; and (3) The other one-fourth (1/4) to the prosecuting attorney.

(1) One-half (1/2) to the use of the person prosecuting therefor;

(2) One-fourth (1/4) to the state; and

(3) The other one-fourth (1/4) to the prosecuting attorney.

Acts 1883, No. 83, § 20, p. 140; C. & M. Dig., § 7000; Pope's Dig., § 8980; A.S.A. 1947, § 54-310.
Ark. Code Ann. § 15-71-118 — AR Code / Title 15 / Chapter 71 / Section 15-71-118
Investments
Status: in_force

(a) All funds that are held in any trust or special revenue fund administered by the Oil and Gas Commission may be invested and reinvested subject to the written approval of the Treasurer of State. (b) All investments as authorized for use by the Treasurer of State may be available for the funds held in any trust fund administered by the commission. (c) The movement of funds into and out of investments under this section shall be by fund transfers as directed by the commission, or its designee. Added by Act 2023, No. 28,§ 7, eff. 7/1/2023.

(a) All funds that are held in any trust or special revenue fund administered by the Oil and Gas Commission may be invested and reinvested subject to the written approval of the Treasurer of State.

(b) All investments as authorized for use by the Treasurer of State may be available for the funds held in any trust fund administered by the commission.

(c) The movement of funds into and out of investments under this section shall be by fund transfers as directed by the commission, or its designee.

Added by Act 2023, No. 28,§ 7, eff. 7/1/2023.
Ark. Code Ann. § 15-57-305 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-305
Civil and administrative penalties
Status: in_force

(a) Civil Penalties. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) To restrain any violation of or to compel compliance with the provisions of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto; (2) To accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, including the reclamation of affected land; (3) To recover all costs, expenses, and damages to the division or any other agency of the state in enforcing the provisions of this subchapter and reclaiming affected land; (4) To assess civil penalties for violations of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto in an amount not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years; (5) To recover civil penalties assessed pursuant to subsections (b) and (c) of this section; or (6) To forfeit a reclamation bond. (b) Administrative Penalties. (1) Any person who engages in open-cut mining without first securing a permit as required by this subchapter or who fails to reclaim affected lands in accordance with this subchapter or who violates any provision of this or any order, rule, permit, or reclamation plan issued pursuant thereto, may be assessed an administrative civil penalty by the division not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years. (2) No administrative civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing and has exhausted all administrative appellate remedies. (3) The amount of the administrative civil penalty shall be determined in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission, including, but not limited to, the rules on civil penalties. (c) All hearings and appeals arising under this subchapter shall be conducted in accordance with the procedures described in §§ 8-4-218 - 8-4-229 and in accordance with rules adopted by the commission, including, but not limited to, the rules on administrative procedures. (d) As an alternative to the limits on civil or administrative penalties under subsection (a) or subsection (b) of this section, if a person who is found liable in an action brought under subsection (a) or subsection (b) of this section has derived pecuniary gain from the commission of mining without a permit or mining outside of the area authorized in the permit, then the person may be ordered to pay a civil penalty equal to the amount of the pecuniary gain. Amended by Act 2019, No. 315,§ 1159, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1158, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1157, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1156, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1155, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3078, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3077, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3076, eff. 7/1/2019. Acts 1991, No. 827, § 4; 1999, No. 1526, § 3; 2001, No. 550, § 1; 2011, No. 609, § 1.

(a) Civil Penalties. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) To restrain any violation of or to compel compliance with the provisions of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto; (2) To accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, including the reclamation of affected land; (3) To recover all costs, expenses, and damages to the division or any other agency of the state in enforcing the provisions of this subchapter and reclaiming affected land; (4) To assess civil penalties for violations of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto in an amount not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years; (5) To recover civil penalties assessed pursuant to subsections (b) and (c) of this section; or (6) To forfeit a reclamation bond.

(1) To restrain any violation of or to compel compliance with the provisions of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto;

(2) To accomplish remedial measures as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, including the reclamation of affected land;

(3) To recover all costs, expenses, and damages to the division or any other agency of the state in enforcing the provisions of this subchapter and reclaiming affected land;

(4) To assess civil penalties for violations of this subchapter or of any order, rule, permit, or reclamation plan issued pursuant thereto in an amount not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years;

(A) One thousand dollars ($1,000) for the first violation;

(B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and

(C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years;

(5) To recover civil penalties assessed pursuant to subsections (b) and (c) of this section; or

(6) To forfeit a reclamation bond.

(b) Administrative Penalties. (1) Any person who engages in open-cut mining without first securing a permit as required by this subchapter or who fails to reclaim affected lands in accordance with this subchapter or who violates any provision of this or any order, rule, permit, or reclamation plan issued pursuant thereto, may be assessed an administrative civil penalty by the division not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years. (2) No administrative civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing and has exhausted all administrative appellate remedies. (3) The amount of the administrative civil penalty shall be determined in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission, including, but not limited to, the rules on civil penalties.

(1) Any person who engages in open-cut mining without first securing a permit as required by this subchapter or who fails to reclaim affected lands in accordance with this subchapter or who violates any provision of this or any order, rule, permit, or reclamation plan issued pursuant thereto, may be assessed an administrative civil penalty by the division not to exceed: (A) One thousand dollars ($1,000) for the first violation; (B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and (C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years.

(A) One thousand dollars ($1,000) for the first violation;

(B) Two thousand five hundred dollars ($2,500) for a second separate violation of the same offense within two (2) years; and

(C) Five thousand dollars ($5,000) for a third separate or subsequent violation of the same offense within two (2) years.

(2) No administrative civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing and has exhausted all administrative appellate remedies.

(3) The amount of the administrative civil penalty shall be determined in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission, including, but not limited to, the rules on civil penalties.

(c) All hearings and appeals arising under this subchapter shall be conducted in accordance with the procedures described in §§ 8-4-218 - 8-4-229 and in accordance with rules adopted by the commission, including, but not limited to, the rules on administrative procedures.

(d) As an alternative to the limits on civil or administrative penalties under subsection (a) or subsection (b) of this section, if a person who is found liable in an action brought under subsection (a) or subsection (b) of this section has derived pecuniary gain from the commission of mining without a permit or mining outside of the area authorized in the permit, then the person may be ordered to pay a civil penalty equal to the amount of the pecuniary gain.

Amended by Act 2019, No. 315,§ 1159, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1158, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1157, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1156, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1155, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3078, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3077, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3076, eff. 7/1/2019.

Acts 1991, No. 827, § 4; 1999, No. 1526, § 3; 2001, No. 550, § 1; 2011, No. 609, § 1.
Ark. Code Ann. § 15-72-103 — AR Code / Title 15 / Chapter 72 / Subchapter 1 / Section 15-72-103
Penalty
Status: in_force

(a) (1) (A) A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation. (B) A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation. (2) (A) If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place. (B) The place of suit shall be selected by the commission. (3) The suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted. (b) The payment of any penalty as provided for in this section shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas, or illegal product into legal product, nor shall the payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product, but to the contrary, penalty shall be imposed for each prohibited transaction relating to the illegal oil, illegal gas, or illegal product. (c) Any person knowingly and willfully aiding or abetting any other person in the violation of any statute of this state relating to the conservation of oil or gas, or the violation of any provision of this act, or any rule or order made thereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person. Amended by Act 2019, No. 315,§ 1237, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1236, eff. 7/24/2019. Amended by Act 2013, No. 1262,§ 1, eff. 8/16/2013. Acts 1939, No. 105, § 22; 1981, No. 523, § 5; A.S.A. 1947, § 53-122; Acts 2007, No. 859, § 3.

(a) (1) (A) A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation. (B) A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation. (2) (A) If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place. (B) The place of suit shall be selected by the commission. (3) The suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted.

(1) (A) A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation. (B) A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation.

(A) A person who violates this subchapter or a rule or order of the Oil and Gas Commission made under this subchapter, in the event a penalty for the violation is not otherwise provided for in this subchapter, is subject to a penalty not to exceed two thousand five hundred dollars ($2,500) a day for each day of violation and for each violation.

(B) A person who transports a liquid or other substance and violates a rule or order of the commission by dumping or disposing of the liquid or other substance improperly or without authorization at a well or well site is subject to a penalty not to exceed one hundred thousand dollars ($100,000) for each violation.

(2) (A) If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place. (B) The place of suit shall be selected by the commission.

(A) If the penalty is not recovered by the commission within the time frame specified by the commission, the penalty may be recovered in a suit in the circuit court of the county where the defendant resides or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place.

(B) The place of suit shall be selected by the commission.

(3) The suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted.

(b) The payment of any penalty as provided for in this section shall not have the effect of changing illegal oil into legal oil, illegal gas into legal gas, or illegal product into legal product, nor shall the payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product, but to the contrary, penalty shall be imposed for each prohibited transaction relating to the illegal oil, illegal gas, or illegal product.

(c) Any person knowingly and willfully aiding or abetting any other person in the violation of any statute of this state relating to the conservation of oil or gas, or the violation of any provision of this act, or any rule or order made thereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person.

Amended by Act 2019, No. 315,§ 1237, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1236, eff. 7/24/2019.

Amended by Act 2013, No. 1262,§ 1, eff. 8/16/2013.

Acts 1939, No. 105, § 22; 1981, No. 523, § 5; A.S.A. 1947, § 53-122; Acts 2007, No. 859, § 3.