Ark. Code Ann. § 15-22-505 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-505
Powers and duties of commission generally
Status: in_force

In addition to such other powers, authorities, and duties as are provided to it by law, the Arkansas Natural Resources Commission shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including, but not limited to, the following powers and duties: (1) To be responsible for the proper distribution and allocation of water stored in the ownership of the state as developed by the commission under the provisions of this subchapter; (2) To approve a reasonable method of delivery and measurement of water sold from storage; (3) To sell, assign, or lease water or water storage capacity at costs designed to return the investment to the state and to sufficiently discharge as they mature all obligations pertaining to the principal of and interest on any water development bonds issued by the commission; (4) (A) To make and execute contracts for financial assistance to political subdivisions of the State of Arkansas which are engaged as local sponsors of any water development project which is an integral part of the Arkansas Water Plan. (B) The financial assistance shall be funded by the Arkansas Water Development Fund established under § 15-22-507 and may consist of long-term loans designed to return the investment to the state, or the financial assistance may consist of the underwriting of local assurances for the payment of water development project costs; (5) To acquire by lease, purchase, gift, devise, or otherwise water rights, water storage capacity, and the facilities of any water development project, including lands, rights-of-way, and easements; (6) (A) To invest any cash funds of the fund by converting the funds into bonds of the United States or into certificates of deposit in banks or savings and loan associations qualifying for the deposit of public funds. (B) However, if any condition shall arise whereof the investment of federal funds is restricted by the United States Government, such federal funds may not be invested; (7) (A) To adopt and enforce such rules as are necessary for the proper and efficient administration of this subchapter. (B) However, all rules adopted by the commission are subject to judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and (8) To institute a civil action in the Pulaski County Circuit Court or in the circuit court of the county where the water development project is located to restrain any political subdivision or agency of the state from spending any state funds from any source on or engaging in any water development project which has not been approved as in compliance with the plan, to compel compliance with the provisions of this subchapter, and to recover all costs and expenses of the commission and any inappropriately spent state funds. Amended by Act 2019, No. 315,§ 1136, eff. 7/24/2019. Acts 1969, No. 217, § 5; 1973, No. 584, § 4; A.S.A. 1947, § 21-1321; Acts 1989, No. 469, § 4; 1997, No. 360, § 2.

In addition to such other powers, authorities, and duties as are provided to it by law, the Arkansas Natural Resources Commission shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this subchapter, including, but not limited to, the following powers and duties:

(1) To be responsible for the proper distribution and allocation of water stored in the ownership of the state as developed by the commission under the provisions of this subchapter;

(2) To approve a reasonable method of delivery and measurement of water sold from storage;

(3) To sell, assign, or lease water or water storage capacity at costs designed to return the investment to the state and to sufficiently discharge as they mature all obligations pertaining to the principal of and interest on any water development bonds issued by the commission;

(4) (A) To make and execute contracts for financial assistance to political subdivisions of the State of Arkansas which are engaged as local sponsors of any water development project which is an integral part of the Arkansas Water Plan. (B) The financial assistance shall be funded by the Arkansas Water Development Fund established under § 15-22-507 and may consist of long-term loans designed to return the investment to the state, or the financial assistance may consist of the underwriting of local assurances for the payment of water development project costs;

(A) To make and execute contracts for financial assistance to political subdivisions of the State of Arkansas which are engaged as local sponsors of any water development project which is an integral part of the Arkansas Water Plan.

(B) The financial assistance shall be funded by the Arkansas Water Development Fund established under § 15-22-507 and may consist of long-term loans designed to return the investment to the state, or the financial assistance may consist of the underwriting of local assurances for the payment of water development project costs;

(5) To acquire by lease, purchase, gift, devise, or otherwise water rights, water storage capacity, and the facilities of any water development project, including lands, rights-of-way, and easements;

(6) (A) To invest any cash funds of the fund by converting the funds into bonds of the United States or into certificates of deposit in banks or savings and loan associations qualifying for the deposit of public funds. (B) However, if any condition shall arise whereof the investment of federal funds is restricted by the United States Government, such federal funds may not be invested;

(A) To invest any cash funds of the fund by converting the funds into bonds of the United States or into certificates of deposit in banks or savings and loan associations qualifying for the deposit of public funds.

(B) However, if any condition shall arise whereof the investment of federal funds is restricted by the United States Government, such federal funds may not be invested;

(7) (A) To adopt and enforce such rules as are necessary for the proper and efficient administration of this subchapter. (B) However, all rules adopted by the commission are subject to judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(A) To adopt and enforce such rules as are necessary for the proper and efficient administration of this subchapter.

(B) However, all rules adopted by the commission are subject to judicial review in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; and

(8) To institute a civil action in the Pulaski County Circuit Court or in the circuit court of the county where the water development project is located to restrain any political subdivision or agency of the state from spending any state funds from any source on or engaging in any water development project which has not been approved as in compliance with the plan, to compel compliance with the provisions of this subchapter, and to recover all costs and expenses of the commission and any inappropriately spent state funds.

Amended by Act 2019, No. 315,§ 1136, eff. 7/24/2019.

Acts 1969, No. 217, § 5; 1973, No. 584, § 4; A.S.A. 1947, § 21-1321; Acts 1989, No. 469, § 4; 1997, No. 360, § 2.
Ark. Code Ann. § 15-22-222 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-222
Minimum stream flows
Status: in_force

(a) The Arkansas Natural Resources Commission shall establish and enforce minimum stream flows for the protection of instream water needs. (b) (1) Prior to the establishment of minimum stream flows, the Arkansas Natural Resources Commission shall notify by certified mail, return receipt requested, the Arkansas State Game and Fish Commission, the Division of Environmental Quality, and any other interested state boards and commissions. (2) Within thirty (30) days of receipt of notice, the Arkansas State Game and Fish Commission and the division shall file written comments with the Arkansas Natural Resources Commission. (c) In establishing minimum stream flows, the Arkansas Natural Resources Commission shall follow the procedure for rulemaking, including publishing notice and the conducting of a public hearing. (d) Nothing in this section shall be construed to override any other duties or powers of the Arkansas Natural Resources Commission. Amended by Act 2019, No. 910,§ 3062, eff. 7/1/2019. Acts 1989, No. 469, § 5.

(a) The Arkansas Natural Resources Commission shall establish and enforce minimum stream flows for the protection of instream water needs.

(b) (1) Prior to the establishment of minimum stream flows, the Arkansas Natural Resources Commission shall notify by certified mail, return receipt requested, the Arkansas State Game and Fish Commission, the Division of Environmental Quality, and any other interested state boards and commissions. (2) Within thirty (30) days of receipt of notice, the Arkansas State Game and Fish Commission and the division shall file written comments with the Arkansas Natural Resources Commission.

(1) Prior to the establishment of minimum stream flows, the Arkansas Natural Resources Commission shall notify by certified mail, return receipt requested, the Arkansas State Game and Fish Commission, the Division of Environmental Quality, and any other interested state boards and commissions.

(2) Within thirty (30) days of receipt of notice, the Arkansas State Game and Fish Commission and the division shall file written comments with the Arkansas Natural Resources Commission.

(c) In establishing minimum stream flows, the Arkansas Natural Resources Commission shall follow the procedure for rulemaking, including publishing notice and the conducting of a public hearing.

(d) Nothing in this section shall be construed to override any other duties or powers of the Arkansas Natural Resources Commission.

Amended by Act 2019, No. 910,§ 3062, eff. 7/1/2019.

Acts 1989, No. 469, § 5.
Ark. Code Ann. § 15-4-3608 — AR Code / Title 15 / Chapter 4 / Subchapter 36 / Section 15-4-3608
Cure period - Notice of noncompliance
Status: in_force

(a) Enforcement of each of the recapture provisions under § 15-4-3607 is subject to a six-month cure period. (b) Recapture shall not occur until the Arkansas Economic Development Commission has given the qualified community development entity written notice of its noncompliance and has afforded the qualified community development entity six (6) months from the date of the notice to cure the noncompliance. Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.

(a) Enforcement of each of the recapture provisions under § 15-4-3607 is subject to a six-month cure period.

(b) Recapture shall not occur until the Arkansas Economic Development Commission has given the qualified community development entity written notice of its noncompliance and has afforded the qualified community development entity six (6) months from the date of the notice to cure the noncompliance.

Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Ark. Code Ann. § 15-22-909 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-909
Water rights - Initiation of regulatory authority within critical groundwater areas
Status: in_force

(a) (1) When the Arkansas Natural Resources Commission determines such action to be necessary within a critical groundwater area, it will declare that water rights are required for groundwater withdrawal. (2) Before initiation of the regulatory program, the commission shall describe the proposed action, the reasons therefor, and the recommended boundaries if they differ from the previous critical groundwater area designation. (3) Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall be held in each county within the proposed critical groundwater area. (4) After such a declaration, no person shall withdraw groundwater from an existing well or construct a new well within the critical groundwater area without first obtaining a water right. (5) All determinations for the current water year shall have been made by March 1 of the preceding water year. (b) There will be no reduction or limitation for a period of four (4) years of the withdrawal of groundwater from an existing well or a well constructed during the first year following initiation of the regulatory authority and for which a water right is issued under the provisions of § 15-22-910(a) . Acts 1991, No. 154, § 7; 1991, No. 342, § 7; 2001, No. 1426, § 7.

(a) (1) When the Arkansas Natural Resources Commission determines such action to be necessary within a critical groundwater area, it will declare that water rights are required for groundwater withdrawal. (2) Before initiation of the regulatory program, the commission shall describe the proposed action, the reasons therefor, and the recommended boundaries if they differ from the previous critical groundwater area designation. (3) Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall be held in each county within the proposed critical groundwater area. (4) After such a declaration, no person shall withdraw groundwater from an existing well or construct a new well within the critical groundwater area without first obtaining a water right. (5) All determinations for the current water year shall have been made by March 1 of the preceding water year.

(1) When the Arkansas Natural Resources Commission determines such action to be necessary within a critical groundwater area, it will declare that water rights are required for groundwater withdrawal.

(2) Before initiation of the regulatory program, the commission shall describe the proposed action, the reasons therefor, and the recommended boundaries if they differ from the previous critical groundwater area designation.

(3) Public hearings shall be held in accord with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., and shall be held in each county within the proposed critical groundwater area.

(4) After such a declaration, no person shall withdraw groundwater from an existing well or construct a new well within the critical groundwater area without first obtaining a water right.

(5) All determinations for the current water year shall have been made by March 1 of the preceding water year.

(b) There will be no reduction or limitation for a period of four (4) years of the withdrawal of groundwater from an existing well or a well constructed during the first year following initiation of the regulatory authority and for which a water right is issued under the provisions of § 15-22-910(a) .

Acts 1991, No. 154, § 7; 1991, No. 342, § 7; 2001, No. 1426, § 7.
Ark. Code Ann. § 15-75-316 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-316
Class ten permit
Status: in_force

(a) Holders of class ten permits: (1) May engage in the installation of liquefied petroleum gas piping and appliances in any type building, but may not sell or install liquefied petroleum gas containers; and (2) Must pay an annual permit fee in the sum of one hundred dollars ($100). (b) Applicants for class ten permits: (1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (2) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; (3) Must provide full-time employment of qualified personnel whose competency shall be proved through a current written or oral examination; and (4) Must comply with all other applicable requirements. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 12; 1995, No. 477, § 8.

(a) Holders of class ten permits: (1) May engage in the installation of liquefied petroleum gas piping and appliances in any type building, but may not sell or install liquefied petroleum gas containers; and (2) Must pay an annual permit fee in the sum of one hundred dollars ($100).

(1) May engage in the installation of liquefied petroleum gas piping and appliances in any type building, but may not sell or install liquefied petroleum gas containers; and

(2) Must pay an annual permit fee in the sum of one hundred dollars ($100).

(b) Applicants for class ten permits: (1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (2) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; (3) Must provide full-time employment of qualified personnel whose competency shall be proved through a current written or oral examination; and (4) Must comply with all other applicable requirements.

(1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000

(A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000

(A) Manufacturers' and Contractors' Bodily Injury Liability Insurance

Each Person

$500,000

Each Accident

500,000

(B) Manufacturers' and Contractors' Property Damage Liability Insurance

Each Accident

$500,000

Aggregate

500,000

(2) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days;

(3) Must provide full-time employment of qualified personnel whose competency shall be proved through a current written or oral examination; and

(4) Must comply with all other applicable requirements.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 12; 1995, No. 477, § 8.
Ark. Code Ann. § 15-76-201 — AR Code / Title 15 / Chapter 76 / Subchapter 2 / Section 15-76-201
Improper disposal of salt water
Status: in_force

(a) It shall be unlawful for any firm, person, corporation, or individual to dispose of salt water produced in conjunction with the production of oil or gas into any of the streams, lakes, ponds, and other surface waters of the state from any oil or gas pools or fields. It is the intent of this section to make it mandatory that salt water produced from any newly discovered oil or gas field be disposed of by the producer of the salt water by either putting it in pits or recycling it back into the proper sand. (b) Should any firm, person, corporation, or individual violate the provisions of this section, he or she shall be fined in any sum not less than one hundred dollars ($100) and up to one thousand dollars ($1,000). Each separate day shall constitute a different violation. In addition to the fine imposed in this section, the circuit courts of this state may enjoin the violator from continuing the unlawful disposal. Acts 1957, No. 381, §§ 1, 2; A.S.A. 1947, §§ 53-211, 53-212.

(a) It shall be unlawful for any firm, person, corporation, or individual to dispose of salt water produced in conjunction with the production of oil or gas into any of the streams, lakes, ponds, and other surface waters of the state from any oil or gas pools or fields. It is the intent of this section to make it mandatory that salt water produced from any newly discovered oil or gas field be disposed of by the producer of the salt water by either putting it in pits or recycling it back into the proper sand.

(b) Should any firm, person, corporation, or individual violate the provisions of this section, he or she shall be fined in any sum not less than one hundred dollars ($100) and up to one thousand dollars ($1,000). Each separate day shall constitute a different violation. In addition to the fine imposed in this section, the circuit courts of this state may enjoin the violator from continuing the unlawful disposal.

Acts 1957, No. 381, §§ 1, 2; A.S.A. 1947, §§ 53-211, 53-212.
Ark. Code Ann. § 15-4-709 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-709
Arkansas Economic Development Council obligations - Deposit of revenues and net proceeds
Status: in_force

(a) All bonds issued under this subchapter shall be obligations of the Arkansas Economic Development Council only and shall not be obligations of the State of Arkansas and shall not be secured by a lien on any revenues of the State of Arkansas. (b) The bonds shall be payable from the Guaranty Bond Fund created by this subchapter and the revenues which, pursuant to the provisions of this subchapter, are to be deposited therein. (c) It shall be stated on the face of each bond that it has been issued under the provisions of this subchapter. (d) The net proceeds, meaning gross proceeds less all expenses of authorizing and issuing the bonds which shall be first paid out of the proceeds, of all bonds issued under this subchapter shall be deposited into the Revenue Bond Guaranty Reserve Account, except that accrued interest paid by the purchaser shall be deposited into the fund. Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567.

(a) All bonds issued under this subchapter shall be obligations of the Arkansas Economic Development Council only and shall not be obligations of the State of Arkansas and shall not be secured by a lien on any revenues of the State of Arkansas.

(b) The bonds shall be payable from the Guaranty Bond Fund created by this subchapter and the revenues which, pursuant to the provisions of this subchapter, are to be deposited therein.

(c) It shall be stated on the face of each bond that it has been issued under the provisions of this subchapter.

(d) The net proceeds, meaning gross proceeds less all expenses of authorizing and issuing the bonds which shall be first paid out of the proceeds, of all bonds issued under this subchapter shall be deposited into the Revenue Bond Guaranty Reserve Account, except that accrued interest paid by the purchaser shall be deposited into the fund.

Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567.
Ark. Code Ann. § 15-22-216 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-216
Right to take impounded water
Status: in_force

(a) Any person constructing a dam under permit issued under the provisions of this subchapter shall have the exclusive right to take water from the reservoir created by that dam so long as the dam is maintained and operated under permit from the Arkansas Natural Resources Commission, subject to his or her obligation to discharge water from the dam as provided in the permit, and shall have the right to exclude all persons from the water impounded by that dam. (b) (1) However, if the dam causes water to be impounded unlawfully on land which the person maintaining the dam does not own or have the right to occupy, the owner of the land so unlawfully occupied shall have the right to take water from the impoundment at a point on his or her land, so long as the water is unlawfully impounded on his or her land. (2) (A) The owner of land so unlawfully occupied by impounded waters, in addition to the right to use the water as provided in subdivision (b)(1) of this section, may have the right to recover in an action at law all damages resulting from the unlawful trespass. (B) The cause of action shall not accrue until the land shall be actually unlawfully occupied by water thus impounded. Acts 1957, No. 81, § 7; A.S.A. 1947, § 21-1307.

(a) Any person constructing a dam under permit issued under the provisions of this subchapter shall have the exclusive right to take water from the reservoir created by that dam so long as the dam is maintained and operated under permit from the Arkansas Natural Resources Commission, subject to his or her obligation to discharge water from the dam as provided in the permit, and shall have the right to exclude all persons from the water impounded by that dam.

(b) (1) However, if the dam causes water to be impounded unlawfully on land which the person maintaining the dam does not own or have the right to occupy, the owner of the land so unlawfully occupied shall have the right to take water from the impoundment at a point on his or her land, so long as the water is unlawfully impounded on his or her land. (2) (A) The owner of land so unlawfully occupied by impounded waters, in addition to the right to use the water as provided in subdivision (b)(1) of this section, may have the right to recover in an action at law all damages resulting from the unlawful trespass. (B) The cause of action shall not accrue until the land shall be actually unlawfully occupied by water thus impounded.

(1) However, if the dam causes water to be impounded unlawfully on land which the person maintaining the dam does not own or have the right to occupy, the owner of the land so unlawfully occupied shall have the right to take water from the impoundment at a point on his or her land, so long as the water is unlawfully impounded on his or her land.

(2) (A) The owner of land so unlawfully occupied by impounded waters, in addition to the right to use the water as provided in subdivision (b)(1) of this section, may have the right to recover in an action at law all damages resulting from the unlawful trespass. (B) The cause of action shall not accrue until the land shall be actually unlawfully occupied by water thus impounded.

(A) The owner of land so unlawfully occupied by impounded waters, in addition to the right to use the water as provided in subdivision (b)(1) of this section, may have the right to recover in an action at law all damages resulting from the unlawful trespass.

(B) The cause of action shall not accrue until the land shall be actually unlawfully occupied by water thus impounded.

Acts 1957, No. 81, § 7; A.S.A. 1947, § 21-1307.
Ark. Code Ann. § 15-4-211 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-211
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1975 (Extended Sess., 1976), No. 1015, § 2; 1983, No. 627, § 1; A.S.A. 1947, § 9-513.1; Acts 1989 (1st Ex. Sess.), No. 280, §§ 31, 37; 1995, No. 589, § 2; 1997, No. 540, § 21.

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

Acts 1975 (Extended Sess., 1976), No. 1015, § 2; 1983, No. 627, § 1; A.S.A. 1947, § 9-513.1; Acts 1989 (1st Ex. Sess.), No. 280, §§ 31, 37; 1995, No. 589, § 2; 1997, No. 540, § 21.
Ark. Code Ann. § 15-22-907 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-907
Water conservation education and information program
Status: in_force

(a) The Arkansas Natural Resources Commission or its designee shall develop and implement an education and information program to encourage water conservation by increasing the public's awareness of the need for and techniques available for conservation. (b) This shall include, as a minimum, the following components as the commission deems necessary: (1) Technology transfer; (2) Training; (3) Technical assistance; (4) Research; and (5) Demonstration projects. Acts 1991, No. 154, § 12; 1991, No. 342, § 12.

(a) The Arkansas Natural Resources Commission or its designee shall develop and implement an education and information program to encourage water conservation by increasing the public's awareness of the need for and techniques available for conservation.

(b) This shall include, as a minimum, the following components as the commission deems necessary: (1) Technology transfer; (2) Training; (3) Technical assistance; (4) Research; and (5) Demonstration projects.

(1) Technology transfer;

(2) Training;

(3) Technical assistance;

(4) Research; and

(5) Demonstration projects.

Acts 1991, No. 154, § 12; 1991, No. 342, § 12.
Ark. Code Ann. § 15-3-608 — AR Code / Title 15 / Chapter 3 / Subchapter 6 / Section 15-3-608
Rules
Status: in_force

The Division of Science and Technology of the Arkansas Economic Development Commission shall promulgate rules to implement and administer this subchapter. Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.

The Division of Science and Technology of the Arkansas Economic Development Commission shall promulgate rules to implement and administer this subchapter.

Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-22-614 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-614
Deposit of revenues - Trust funds
Status: in_force

(a) All revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish the purposes of this subchapter, specifically, in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of such a project into trust funds created and designated as follows: (1) Into the Water Resources Development Bond Fund to provide for payment of all or a part of debt service on bonds issued under this subchapter; (2) Into the Water Resources Development Debt Service Reserve Fund to provide a reserve for payment of debt service on the bonds; and (3) Into the Water Resources Development Operation and Maintenance Fund to provide for all or a part of the operation and maintenance needs of such a project or of other projects financed under this subchapter. (b) The Treasurer of State is authorized and directed to establish separate accounts within the funds to correspond to and reflect the various series of bonds to which attributable. Acts 1981, No. 496, § 9; A.S.A. 1947, § 21-2309.

(a) All revenues derived by the Arkansas Natural Resources Commission from any project financed under this subchapter shall be deposited by the commission, as received, into trust funds in the State Treasury to accomplish the purposes of this subchapter, specifically, in amounts or portions as set forth in the resolution or trust indenture authorizing or securing the bonds issued to finance the development of such a project into trust funds created and designated as follows: (1) Into the Water Resources Development Bond Fund to provide for payment of all or a part of debt service on bonds issued under this subchapter; (2) Into the Water Resources Development Debt Service Reserve Fund to provide a reserve for payment of debt service on the bonds; and (3) Into the Water Resources Development Operation and Maintenance Fund to provide for all or a part of the operation and maintenance needs of such a project or of other projects financed under this subchapter.

(1) Into the Water Resources Development Bond Fund to provide for payment of all or a part of debt service on bonds issued under this subchapter;

(2) Into the Water Resources Development Debt Service Reserve Fund to provide a reserve for payment of debt service on the bonds; and

(3) Into the Water Resources Development Operation and Maintenance Fund to provide for all or a part of the operation and maintenance needs of such a project or of other projects financed under this subchapter.

(b) The Treasurer of State is authorized and directed to establish separate accounts within the funds to correspond to and reflect the various series of bonds to which attributable.

Acts 1981, No. 496, § 9; A.S.A. 1947, § 21-2309.
Ark. Code Ann. § 15-23-503 — AR Code / Title 15 / Chapter 23 / Subchapter 5 / Section 15-23-503
Commissioners
Status: in_force

The two (2) commissioners representing the State of Arkansas as provided by Section 9.01 of the compact ratified by this subchapter shall be designated as follows: (1) The Secretary of the Department of Agriculture or such other state agency as may hereafter succeed to the powers and responsibilities of the Arkansas Natural Resources Commission; and (2) Any individual who resides within the basin of the Red River and its tributaries in Arkansas, to be appointed by the Governor with the advice and consent of the Senate and to serve a term of seven (7) years. Amended by Act 2019, No. 910,§ 86, eff. 7/1/2019. Acts 1979, No. 201, § 3; A.S.A. 1947, § 9-1603.

The two (2) commissioners representing the State of Arkansas as provided by Section 9.01 of the compact ratified by this subchapter shall be designated as follows:

(1) The Secretary of the Department of Agriculture or such other state agency as may hereafter succeed to the powers and responsibilities of the Arkansas Natural Resources Commission; and

(2) Any individual who resides within the basin of the Red River and its tributaries in Arkansas, to be appointed by the Governor with the advice and consent of the Senate and to serve a term of seven (7) years.

Amended by Act 2019, No. 910,§ 86, eff. 7/1/2019.

Acts 1979, No. 201, § 3; A.S.A. 1947, § 9-1603.
Ark. Code Ann. § 15-4-1223 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1223
Exemption from certain taxes
Status: in_force

(a) (1) County or regional industrial development companies shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq., and from the payment of any other income taxes levied by a county or a municipality. (2) Dividends on stock or distributions with respect to units of interest of any such company pursuant to § 15-4-1215 shall be exempt from all state, county, or municipal income tax. (3) Interest on bonds, notes, or other obligations of any company issued under and in accordance with the provisions of this subchapter shall be exempt from all state, county, or municipal income taxes. (b) Corporations and limited liability companies shall file income tax returns each year at the time provided for the filing of corporate or partnership income tax returns, respectively. (c) A company claiming exemption from income tax under this section shall attach to the return required in subsection (b) of this section a certification from the Bank Commissioner stating that the company has been incorporated or organized and is operating as a corporation or limited liability company in accordance with the provisions of this subchapter. Acts 1991, No. 1029, § 23; 1999, No. 37, § 22.

(a) (1) County or regional industrial development companies shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq., and from the payment of any other income taxes levied by a county or a municipality. (2) Dividends on stock or distributions with respect to units of interest of any such company pursuant to § 15-4-1215 shall be exempt from all state, county, or municipal income tax. (3) Interest on bonds, notes, or other obligations of any company issued under and in accordance with the provisions of this subchapter shall be exempt from all state, county, or municipal income taxes.

(1) County or regional industrial development companies shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq., and from the payment of any other income taxes levied by a county or a municipality.

(2) Dividends on stock or distributions with respect to units of interest of any such company pursuant to § 15-4-1215 shall be exempt from all state, county, or municipal income tax.

(3) Interest on bonds, notes, or other obligations of any company issued under and in accordance with the provisions of this subchapter shall be exempt from all state, county, or municipal income taxes.

(b) Corporations and limited liability companies shall file income tax returns each year at the time provided for the filing of corporate or partnership income tax returns, respectively.

(c) A company claiming exemption from income tax under this section shall attach to the return required in subsection (b) of this section a certification from the Bank Commissioner stating that the company has been incorporated or organized and is operating as a corporation or limited liability company in accordance with the provisions of this subchapter.

Acts 1991, No. 1029, § 23; 1999, No. 37, § 22.
Ark. Code Ann. § 15-5-419 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-419
Sale of bonds - Statement on face of bond
Status: in_force

(a) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effectuating the purposes for which the authority was created. (b) The bonds may be sold at such price as the authority may accept, including sale at a discount. (c) It shall be stated on the face of each bond that it has been issued under the provisions of this subchapter. Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.

(a) The bonds may be sold in such manner, either at public or private sale, and upon such terms as the Arkansas Development Finance Authority shall determine to be reasonable and expedient for effectuating the purposes for which the authority was created.

(b) The bonds may be sold at such price as the authority may accept, including sale at a discount.

(c) It shall be stated on the face of each bond that it has been issued under the provisions of this subchapter.

Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.
Ark. Code Ann. § 15-22-1310 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1310
Bonds - Refunding
Status: in_force

(a) Bonds may be issued for the purpose of refunding either at maturity or in advance of maturity any bonds issued under this subchapter or any bonds issued by the Arkansas Development Finance Authority to finance the Construction Assistance Revolving Loan Fund or the Safe Drinking Water Fund. (b) The refunding bonds may either be sold or delivered in exchange for the bonds being refunded. (c) If sold, proceeds of the bonds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded as specified by the Arkansas Natural Resources Commission and the authorizing resolution or trust indenture securing the refunding bonds. (d) The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded. (e) Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of bonds. Acts 2003, No. 598, § 1.

(a) Bonds may be issued for the purpose of refunding either at maturity or in advance of maturity any bonds issued under this subchapter or any bonds issued by the Arkansas Development Finance Authority to finance the Construction Assistance Revolving Loan Fund or the Safe Drinking Water Fund.

(b) The refunding bonds may either be sold or delivered in exchange for the bonds being refunded.

(c) If sold, proceeds of the bonds may either be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded as specified by the Arkansas Natural Resources Commission and the authorizing resolution or trust indenture securing the refunding bonds.

(d) The authorizing resolution or trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same security for their payment as provided for the bonds being refunded.

(e) Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of bonds.

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-72-107 — AR Code / Title 15 / Chapter 72 / Subchapter 1 / Section 15-72-107
Notice prerequisite to temporary restraining order or injunction
Status: in_force

(a) No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof, or against the Attorney General, or against any agent, employee, or representative of the commission, restraining the commission or any of its members, agents, employees, or representatives, or the Attorney General from enforcing any statute of this state or any rule or order made thereunder except after three (3) days' notice served upon some person in the principal office of the commission of the time, place, and court before which application for the order shall be made. (b) If the commission shall so request at the hearing, it shall be entitled to a trial on the merits within ten (10) days after the granting of any temporary order. If the plaintiff is not ready for trial at that time, the court shall be authorized to dissolve the temporary restraining order. Amended by Act 2019, No. 315,§ 1241, eff. 7/24/2019. Acts 1939, No. 105, § 18; A.S.A. 1947, § 53-118.

(a) No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof, or against the Attorney General, or against any agent, employee, or representative of the commission, restraining the commission or any of its members, agents, employees, or representatives, or the Attorney General from enforcing any statute of this state or any rule or order made thereunder except after three (3) days' notice served upon some person in the principal office of the commission of the time, place, and court before which application for the order shall be made.

(b) If the commission shall so request at the hearing, it shall be entitled to a trial on the merits within ten (10) days after the granting of any temporary order. If the plaintiff is not ready for trial at that time, the court shall be authorized to dissolve the temporary restraining order.

Amended by Act 2019, No. 315,§ 1241, eff. 7/24/2019.

Acts 1939, No. 105, § 18; A.S.A. 1947, § 53-118.
Ark. Code Ann. § 15-72-214 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-214
Surface owner's claim for damages caused by operator neglect
Status: in_force

(a) Each operator shall remain liable under the proof of financial responsibility as filed with the Oil and Gas Commission until released by the Director of Production and Conservation. (b) Any surface owner seeking to recover thereunder for damages caused by the neglect of the operator must file written notice of claim therefor with the commission within one (1) year of the date of issuance of the permit for such drilling operations. However, that claim shall be subordinate to the rights of the commission under the proof of financial responsibility to secure compliance by the operator with the provisions of §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 , as amended, and the rules of the commission promulgated thereunder. Amended by Act 2019, No. 315,§ 1245, eff. 7/24/2019. Acts 1985, No. 559, § 1; A.S.A. 1947, § 53-220.

(a) Each operator shall remain liable under the proof of financial responsibility as filed with the Oil and Gas Commission until released by the Director of Production and Conservation.

(b) Any surface owner seeking to recover thereunder for damages caused by the neglect of the operator must file written notice of claim therefor with the commission within one (1) year of the date of issuance of the permit for such drilling operations. However, that claim shall be subordinate to the rights of the commission under the proof of financial responsibility to secure compliance by the operator with the provisions of §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 , as amended, and the rules of the commission promulgated thereunder.

Amended by Act 2019, No. 315,§ 1245, eff. 7/24/2019.

Acts 1985, No. 559, § 1; A.S.A. 1947, § 53-220.
Ark. Code Ann. § 15-41-124 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-124
Arkansas Hunters Feeding the Hungry, Inc. program
Status: in_force

(a) The Arkansas Hunters Feeding the Hungry, Inc. program is designed to: (1) Share the harvest of an abundant resource with Arkansans who are in need of food; (2) Partner with the Arkansas State Game and Fish Commission to provide a solution for a healthy, balanced deer herd; (3) Provide a much-needed free, low-fat, high-protein food source to agencies and organizations that provide meals across Arkansas; and (4) Create a provider purpose for hunters who participate in the program, which allows them to give back and share with others. (b) The commission may establish a check-off or other appropriate method by which to raise revenue for support of the program. (c) The intent of this section is to encourage the commission to examine opportunities available to provide support for the program. Added by Act 2019, No. 717,§ 8, eff. 7/1/2019.

(a) The Arkansas Hunters Feeding the Hungry, Inc. program is designed to: (1) Share the harvest of an abundant resource with Arkansans who are in need of food; (2) Partner with the Arkansas State Game and Fish Commission to provide a solution for a healthy, balanced deer herd; (3) Provide a much-needed free, low-fat, high-protein food source to agencies and organizations that provide meals across Arkansas; and (4) Create a provider purpose for hunters who participate in the program, which allows them to give back and share with others.

(1) Share the harvest of an abundant resource with Arkansans who are in need of food;

(2) Partner with the Arkansas State Game and Fish Commission to provide a solution for a healthy, balanced deer herd;

(3) Provide a much-needed free, low-fat, high-protein food source to agencies and organizations that provide meals across Arkansas; and

(4) Create a provider purpose for hunters who participate in the program, which allows them to give back and share with others.

(b) The commission may establish a check-off or other appropriate method by which to raise revenue for support of the program.

(c) The intent of this section is to encourage the commission to examine opportunities available to provide support for the program.

Added by Act 2019, No. 717,§ 8, eff. 7/1/2019.
Ark. Code Ann. § 15-4-414 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-414
No personal liability
Status: in_force

Neither the members of the Arkansas Economic Development Council nor officials or employees of the Arkansas Economic Development Commission or the Division of Minority Business Enterprise of the Arkansas Economic Development Commission executing bonds or notes pursuant to this subchapter shall be liable personally on such bonds or notes by reason of the issuance thereof. Acts 1985, No. 869, § 8; A.S.A. 1947, § 9-576; Acts 1997, No. 540, § 27.

Neither the members of the Arkansas Economic Development Council nor officials or employees of the Arkansas Economic Development Commission or the Division of Minority Business Enterprise of the Arkansas Economic Development Commission executing bonds or notes pursuant to this subchapter shall be liable personally on such bonds or notes by reason of the issuance thereof.

Acts 1985, No. 869, § 8; A.S.A. 1947, § 9-576; Acts 1997, No. 540, § 27.
Ark. Code Ann. § 15-20-1008 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1008
Administrative penalties
Status: in_force

(a) The Arkansas Natural Resources Commission may impose administrative penalties not to exceed one thousand dollars ($1,000) per violation against any person violating this subchapter or rules adopted pursuant to this subchapter. (b) The commission or the commission's designee may issue subpoenas under § 15-22-208 . (c) If a person against whom an administrative penalty has been imposed by the commission as authorized in this section fails to pay the penalty to the commission, the commission may file an action to collect the administrative penalty in the circuit court of the county in which the person resides. Amended by Act 2019, No. 315,§ 1121, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 68, eff. 7/1/2019. Acts 2003, No. 1059, § 1.

(a) The Arkansas Natural Resources Commission may impose administrative penalties not to exceed one thousand dollars ($1,000) per violation against any person violating this subchapter or rules adopted pursuant to this subchapter.

(b) The commission or the commission's designee may issue subpoenas under § 15-22-208 .

(c) If a person against whom an administrative penalty has been imposed by the commission as authorized in this section fails to pay the penalty to the commission, the commission may file an action to collect the administrative penalty in the circuit court of the county in which the person resides.

Amended by Act 2019, No. 315,§ 1121, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 68, eff. 7/1/2019.

Acts 2003, No. 1059, § 1.
Ark. Code Ann. § 15-4-2307 — AR Code / Title 15 / Chapter 4 / Subchapter 23 / Section 15-4-2307
Powers and duties of the Arkansas Economic Development Commission
Status: in_force

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties, in addition to those mentioned in this subchapter and in other laws of this state: (1) To monitor the implementation and operation of this subchapter and to conduct a continuing evaluation of the progress made; (2) To assist the governing authority in obtaining assistance from any other department of state government; (3) To submit an annual written report evaluating the effectiveness of the program and presenting any suggestions for improving the program, to be submitted to the Governor no later than March 1 of each year; and (4) To promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter. Amended by Act 2019, No. 315,§ 1070, eff. 7/24/2019. Acts 1999, No. 1347, § 1.

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties, in addition to those mentioned in this subchapter and in other laws of this state:

(1) To monitor the implementation and operation of this subchapter and to conduct a continuing evaluation of the progress made;

(2) To assist the governing authority in obtaining assistance from any other department of state government;

(3) To submit an annual written report evaluating the effectiveness of the program and presenting any suggestions for improving the program, to be submitted to the Governor no later than March 1 of each year; and

(4) To promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 1070, eff. 7/24/2019.

Acts 1999, No. 1347, § 1.
Ark. Code Ann. § 15-4-410 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-410
Issuance and redemption procedures
Status: in_force

(a) The bonds to be issued by the Arkansas Economic Development Council shall be issued in accordance with the same procedures provided for the issuance of revenue bonds by the Arkansas Development Finance Authority. (b) All other provisions of the Arkansas Housing Development Agency Act [repealed] governing the issuance of revenue bonds, the issuance of refunding bonds, and the various formalities and procedures to be followed with respect to the issuance or redemption thereof shall be applicable to revenue bonds to be issued by the council under the provisions of this subchapter. Acts 1985, No. 869, §§ 5, 9; A.S.A. 1947, §§ 9-573, 9-577.

(a) The bonds to be issued by the Arkansas Economic Development Council shall be issued in accordance with the same procedures provided for the issuance of revenue bonds by the Arkansas Development Finance Authority.

(b) All other provisions of the Arkansas Housing Development Agency Act [repealed] governing the issuance of revenue bonds, the issuance of refunding bonds, and the various formalities and procedures to be followed with respect to the issuance or redemption thereof shall be applicable to revenue bonds to be issued by the council under the provisions of this subchapter.

Acts 1985, No. 869, §§ 5, 9; A.S.A. 1947, §§ 9-573, 9-577.
Ark. Code Ann. § 15-4-1905 — AR Code / Title 15 / Chapter 4 / Subchapter 19 / Section 15-4-1905
Financial incentive plan
Status: in_force

The financial incentive plan shall: (1) Specify the tax incentives the business is to receive, including the maximum amount of income tax credit the business may claim for each tax year covered by the financial incentive plan; (2) (A) Specify the term of the financial incentive plan, which cannot exceed ten (10) years. (B) The ten (10) years shall be calculated from the date the financial incentive plan is signed by the business and the Arkansas Economic Development Commission; (3) Specify the annual tax credit earned based on total investment divided by the term of the financial incentive plan and attach copies of the business's loan documents which reflect the amount of the annual payments, or documents reflecting the amount of total investment in land, buildings, and equipment; (4) Specify the amount of the average hourly wage the business must maintain to receive benefits under the financial incentive plan; (5) Specify the percentage of income tax liability against which the income tax credit may be claimed; (6) Specify that the tax credits can never exceed the total amount of the debt service or for projects initiated after June 1, 2000, the total amount of the investment in land, buildings, and equipment; and (7) Specify that after the term of the financial incentive plan expires, the business may not claim any unused credit against income tax liability for subsequent tax years. Acts 1995, No. 831, § 5; 2001, No. 975, §§ 11, 12.

The financial incentive plan shall:

(1) Specify the tax incentives the business is to receive, including the maximum amount of income tax credit the business may claim for each tax year covered by the financial incentive plan;

(2) (A) Specify the term of the financial incentive plan, which cannot exceed ten (10) years. (B) The ten (10) years shall be calculated from the date the financial incentive plan is signed by the business and the Arkansas Economic Development Commission;

(A) Specify the term of the financial incentive plan, which cannot exceed ten (10) years.

(B) The ten (10) years shall be calculated from the date the financial incentive plan is signed by the business and the Arkansas Economic Development Commission;

(3) Specify the annual tax credit earned based on total investment divided by the term of the financial incentive plan and attach copies of the business's loan documents which reflect the amount of the annual payments, or documents reflecting the amount of total investment in land, buildings, and equipment;

(4) Specify the amount of the average hourly wage the business must maintain to receive benefits under the financial incentive plan;

(5) Specify the percentage of income tax liability against which the income tax credit may be claimed;

(6) Specify that the tax credits can never exceed the total amount of the debt service or for projects initiated after June 1, 2000, the total amount of the investment in land, buildings, and equipment; and

(7) Specify that after the term of the financial incentive plan expires, the business may not claim any unused credit against income tax liability for subsequent tax years.

Acts 1995, No. 831, § 5; 2001, No. 975, §§ 11, 12.
Ark. Code Ann. § 15-72-308 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-308
Petition for unit operation - Hearing
Status: in_force

(a) Upon the filing of a petition as provided in this section, the Oil and Gas Commission after notice shall hold a public hearing to consider the need for the operation as a unit of an entire pool or any portion thereof to prevent waste, to increase ultimate recovery of oil and gas, and to protect correlative rights. (b) The petition shall contain the following: (1) A description of the proposed unit area; (2) A statement of the nature of the proposed unit operation; and (3) A conformed copy of the proposed unit operating agreement, which may be a composite of executed counterparts of the agreement. (c) The petition may be filed by one (1) or more persons authorized in the unit operating agreement to file it with the commission. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.

(a) Upon the filing of a petition as provided in this section, the Oil and Gas Commission after notice shall hold a public hearing to consider the need for the operation as a unit of an entire pool or any portion thereof to prevent waste, to increase ultimate recovery of oil and gas, and to protect correlative rights.

(b) The petition shall contain the following: (1) A description of the proposed unit area; (2) A statement of the nature of the proposed unit operation; and (3) A conformed copy of the proposed unit operating agreement, which may be a composite of executed counterparts of the agreement.

(1) A description of the proposed unit area;

(2) A statement of the nature of the proposed unit operation; and

(3) A conformed copy of the proposed unit operating agreement, which may be a composite of executed counterparts of the agreement.

(c) The petition may be filed by one (1) or more persons authorized in the unit operating agreement to file it with the commission.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-4-1206 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1206
Organization
Status: in_force

Upon receipt of such certificate of preliminary approval, the applicants may proceed to complete the organization of the company, to obtain subscriptions for and payment of its stock or limited liability units of interest, and to do all other things necessarily incidental to its transacting business. Acts 1991, No. 1029, § 5; 1999, No. 37, § 5.

Upon receipt of such certificate of preliminary approval, the applicants may proceed to complete the organization of the company, to obtain subscriptions for and payment of its stock or limited liability units of interest, and to do all other things necessarily incidental to its transacting business.

Acts 1991, No. 1029, § 5; 1999, No. 37, § 5.
Ark. Code Ann. § 15-23-803 — AR Code / Title 15 / Chapter 23 / Subchapter 8 / Section 15-23-803
Ouachita River Commission created - Powers and duties
Status: in_force

There is created and established the Ouachita River Commission with the following powers, duties, and responsibilities: (1) To cooperate with the appropriate state and federal agencies for the study, planning, and implementation of needed improvements or projects, or both, to and along the main stem of the Ouachita River in Dallas County, Hot Spring County, Clark County, Ouachita County, Calhoun County, Union County, Bradley County, and Ashley County; (2) To review, study, and examine any plan by the State of Arkansas or the federal government, or any agency thereof, for the improvement of the main stem of the Ouachita River in Arkansas and to ascertain the nature and purpose of the improvement, the benefits to be expected therefrom, and the necessity, feasibility, and estimated cost thereof; (3) To determine the local, nonfederal costs necessary for the construction, operation, and maintenance of any Ouachita River improvement project, including, but not limited to, port and terminal facilities along and upon the main stem thereof; (4) To delineate the area to be benefited by improvement of the main stem of the Ouachita River; and (5) To receive and use any federal, state, or private funds, donations, or grants made available for promotion or enhancement of the recreational benefits of the Ouachita River in Dallas County, Hot Spring County, Clark County, Ouachita County, Calhoun County, Union County, Bradley County, and Ashley County. Acts 1999, No. 1532, § 3; 2001, No. 7, § 1; 2001, No. 314, § 1; 2003, No. 643, § 44.

There is created and established the Ouachita River Commission with the following powers, duties, and responsibilities:

(1) To cooperate with the appropriate state and federal agencies for the study, planning, and implementation of needed improvements or projects, or both, to and along the main stem of the Ouachita River in Dallas County, Hot Spring County, Clark County, Ouachita County, Calhoun County, Union County, Bradley County, and Ashley County;

(2) To review, study, and examine any plan by the State of Arkansas or the federal government, or any agency thereof, for the improvement of the main stem of the Ouachita River in Arkansas and to ascertain the nature and purpose of the improvement, the benefits to be expected therefrom, and the necessity, feasibility, and estimated cost thereof;

(3) To determine the local, nonfederal costs necessary for the construction, operation, and maintenance of any Ouachita River improvement project, including, but not limited to, port and terminal facilities along and upon the main stem thereof;

(4) To delineate the area to be benefited by improvement of the main stem of the Ouachita River; and

(5) To receive and use any federal, state, or private funds, donations, or grants made available for promotion or enhancement of the recreational benefits of the Ouachita River in Dallas County, Hot Spring County, Clark County, Ouachita County, Calhoun County, Union County, Bradley County, and Ashley County.

Acts 1999, No. 1532, § 3; 2001, No. 7, § 1; 2001, No. 314, § 1; 2003, No. 643, § 44.
Ark. Code Ann. § 15-5-1416 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1416
Powers of the trustees of the Venture Capital Investment Trust
Status: in_force

The trustees of the Venture Capital Investment Trust may promulgate guidelines and rules and make any contract, execute any document, perform any act, or enter into any financial or other transaction necessary to implement the duties of the trustees under this subchapter. Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.

The trustees of the Venture Capital Investment Trust may promulgate guidelines and rules and make any contract, execute any document, perform any act, or enter into any financial or other transaction necessary to implement the duties of the trustees under this subchapter.

Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.
Ark. Code Ann. § 15-42-303 — AR Code / Title 15 / Chapter 42 / Subchapter 3 / Section 15-42-303
Attempted theft or theft of licensed dogs
Status: in_force

(a) It shall be deemed prima facie evidence that an attempt is being made to steal a dog if any person: (1) Retains in his or her possession or permits to remain on his or her premises for a period of ten (10) or more days any dog that has been duly licensed under the regulations of the Arkansas State Game and Fish Commission and the license is in effect at the time of the theft or attempt of theft; and (2) Fails to post or to advertise such dog by posting notices in five (5) public places or by advertising the dog for one (1) publication in a newspaper having a bona fide circulation of five hundred (500) or more subscribers in this state. (b) Any person who conceals or attempts to conceal a dog from the owner of such dog as herein prescribed at any hunting camp or elsewhere shall be guilty of an attempt to steal such dog. (c) On recovery of a licensed dog by its owner, the owner shall pay to the party responsible for recovery all costs of posting or advertising the dog. This fee shall not exceed twenty-five cents (25¢) per day for care and feeding of the dog recovered under provisions of this section. (d) Any person found guilty of stealing or attempting to steal any licensed dog commits a felony theft and shall be punished as prescribed by law. Acts 1943, No. 146, § 9; 1951, No. 380, §§ 1-4; 1975, No. 928, §§ 18, 19; A.S.A. 1947, §§ 47-502, 47-525 -- 47-528.

(a) It shall be deemed prima facie evidence that an attempt is being made to steal a dog if any person: (1) Retains in his or her possession or permits to remain on his or her premises for a period of ten (10) or more days any dog that has been duly licensed under the regulations of the Arkansas State Game and Fish Commission and the license is in effect at the time of the theft or attempt of theft; and (2) Fails to post or to advertise such dog by posting notices in five (5) public places or by advertising the dog for one (1) publication in a newspaper having a bona fide circulation of five hundred (500) or more subscribers in this state.

(1) Retains in his or her possession or permits to remain on his or her premises for a period of ten (10) or more days any dog that has been duly licensed under the regulations of the Arkansas State Game and Fish Commission and the license is in effect at the time of the theft or attempt of theft; and

(2) Fails to post or to advertise such dog by posting notices in five (5) public places or by advertising the dog for one (1) publication in a newspaper having a bona fide circulation of five hundred (500) or more subscribers in this state.

(b) Any person who conceals or attempts to conceal a dog from the owner of such dog as herein prescribed at any hunting camp or elsewhere shall be guilty of an attempt to steal such dog.

(c) On recovery of a licensed dog by its owner, the owner shall pay to the party responsible for recovery all costs of posting or advertising the dog. This fee shall not exceed twenty-five cents (25¢) per day for care and feeding of the dog recovered under provisions of this section.

(d) Any person found guilty of stealing or attempting to steal any licensed dog commits a felony theft and shall be punished as prescribed by law.

Acts 1943, No. 146, § 9; 1951, No. 380, §§ 1-4; 1975, No. 928, §§ 18, 19; A.S.A. 1947, §§ 47-502, 47-525 -- 47-528.
Ark. Code Ann. § 15-4-1012 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1012
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 10; A.S.A. 1947, § 67-1636; Acts 2003, No. 860, § 6.

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017.

Acts 1985, No. 410, § 10; A.S.A. 1947, § 67-1636; Acts 2003, No. 860, § 6.
Ark. Code Ann. § 15-21-501 — AR Code / Title 15 / Chapter 21 / Subchapter 5 / Section 15-21-501
Purpose
Status: in_force

(a) In recognition that a vast majority of all information used in the management of government can be spatially referenced and that public institutions and private firms expend considerable resources collecting and managing land information records in diverse and disparate formats and scales, a modern automated system of accessible land information data and technologies is required to serve the essential needs of individuals, businesses, and government agencies. (b) The essential component of all automated land information systems is valid, consistent, comprehensive, available, and current data. Since federal, state, regional, county, and municipal agencies, state universities and colleges, private firms, and others require the same spatial data, it is desirable that unnecessary duplication of effort be avoided, that existing data be shared in a coordinated manner, and that new data be developed in an accurate and usable form in accordance with the State of Arkansas Enterprise Architecture. Pursuant to this, all state agencies, boards, and commissions are required to cooperate and participate with the Arkansas Geographic Information Systems Board. (c) Implementation of an overall Arkansas land and geographic resources program requires cooperative methods for development and maintenance of spatial data between state and local governments in the State of Arkansas. (d) The board will determine, define, and implement short-term and long-term strategies that will result in improved decision making, effective asset management, and reduced costs for the citizens of Arkansas. Acts 1995, No. 1259, § 3; 2001, No. 1250, § 1; 2009, No. 244, § 1.

(a) In recognition that a vast majority of all information used in the management of government can be spatially referenced and that public institutions and private firms expend considerable resources collecting and managing land information records in diverse and disparate formats and scales, a modern automated system of accessible land information data and technologies is required to serve the essential needs of individuals, businesses, and government agencies.

(b) The essential component of all automated land information systems is valid, consistent, comprehensive, available, and current data. Since federal, state, regional, county, and municipal agencies, state universities and colleges, private firms, and others require the same spatial data, it is desirable that unnecessary duplication of effort be avoided, that existing data be shared in a coordinated manner, and that new data be developed in an accurate and usable form in accordance with the State of Arkansas Enterprise Architecture. Pursuant to this, all state agencies, boards, and commissions are required to cooperate and participate with the Arkansas Geographic Information Systems Board.

(c) Implementation of an overall Arkansas land and geographic resources program requires cooperative methods for development and maintenance of spatial data between state and local governments in the State of Arkansas.

(d) The board will determine, define, and implement short-term and long-term strategies that will result in improved decision making, effective asset management, and reduced costs for the citizens of Arkansas.

Acts 1995, No. 1259, § 3; 2001, No. 1250, § 1; 2009, No. 244, § 1.
Ark. Code Ann. § 15-4-2802 — AR Code / Title 15 / Chapter 4 / Subchapter 28 / Section 15-4-2802
Definitions
Status: in_force

As used in this subchapter: (1) "Biodiesel fuel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established under the Energy Policy Act of 1992, 42 U.S.C. §§ 13211-13219 , as in effect on January 1, 2005; (2) "Biodiesel mixture" means a mixture of biodiesel fuel and undyed, clear distillate special fuel that is suitable for use in motor vehicles on Arkansas highways and determined without regard to any use of kerosene that is: (A) Sold by the supplier producing biodiesel mixture to any person for use as a fuel; or (B) Used as a fuel by the supplier producing the biodiesel mixture; (3) "Biodiesel producer" means a business located in the State of Arkansas that uses agricultural crops, agricultural residues, or waste products, excluding recycled oils, to manufacture biodiesel fuel; and (4) "Supplier" means any person who: (A) Is customarily in the wholesale business of offering distillate special fuels or liquefied gas special fuels for resale or use to any person in this state; and (B) Makes bulk sales of fuel. Amended by Act 2015, No. 1149,§ 1, eff. 7/22/2015. Acts 2003, No. 1287, § 1; 2005, No. 2223, § 1.

As used in this subchapter:

(1) "Biodiesel fuel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established under the Energy Policy Act of 1992, 42 U.S.C. §§ 13211-13219 , as in effect on January 1, 2005;

(2) "Biodiesel mixture" means a mixture of biodiesel fuel and undyed, clear distillate special fuel that is suitable for use in motor vehicles on Arkansas highways and determined without regard to any use of kerosene that is: (A) Sold by the supplier producing biodiesel mixture to any person for use as a fuel; or (B) Used as a fuel by the supplier producing the biodiesel mixture;

(A) Sold by the supplier producing biodiesel mixture to any person for use as a fuel; or

(B) Used as a fuel by the supplier producing the biodiesel mixture;

(3) "Biodiesel producer" means a business located in the State of Arkansas that uses agricultural crops, agricultural residues, or waste products, excluding recycled oils, to manufacture biodiesel fuel; and

(4) "Supplier" means any person who: (A) Is customarily in the wholesale business of offering distillate special fuels or liquefied gas special fuels for resale or use to any person in this state; and (B) Makes bulk sales of fuel.

(A) Is customarily in the wholesale business of offering distillate special fuels or liquefied gas special fuels for resale or use to any person in this state; and

(B) Makes bulk sales of fuel.

Amended by Act 2015, No. 1149,§ 1, eff. 7/22/2015.

Acts 2003, No. 1287, § 1; 2005, No. 2223, § 1.
Ark. Code Ann. § 15-4-2404 — AR Code / Title 15 / Chapter 4 / Subchapter 24 / Section 15-4-2404
Net operating loss deduction - Carry forward
Status: in_force

(a) Taxpayers qualified for the benefits of this subchapter and entitled to a net operating loss deduction as provided in § 26-51-427 may carry forward that deduction to the next-succeeding taxable year following the year of the net operating loss and annually thereafter for a total period of ten (10) years or until the net operating loss has been exhausted, whichever is earlier. (b) The net operating loss deduction must be carried forward in the order named in subsection (a) of this section. Acts 2001, No. 541, § 4.

(a) Taxpayers qualified for the benefits of this subchapter and entitled to a net operating loss deduction as provided in § 26-51-427 may carry forward that deduction to the next-succeeding taxable year following the year of the net operating loss and annually thereafter for a total period of ten (10) years or until the net operating loss has been exhausted, whichever is earlier.

(b) The net operating loss deduction must be carried forward in the order named in subsection (a) of this section.

Acts 2001, No. 541, § 4.
Ark. Code Ann. § 15-56-306 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-306
Reporting and approval of leases
Status: in_force

(a) A lease executed by a receiver, when acknowledged and delivered, shall be binding on all parties subject only to approval or rejection by the court as herein provided. (b) Not later than thirty (30) days after making the lease, the receiver shall report the making of the lease to the court. If it shall appear to the court that the consideration for the lease was fair and equitable at the time the consideration was made, the court shall approve the consideration and the lease shall be binding as though executed by the various owners and their spouses. Acts 1937, No. 220, § 7; Pope's Dig., § 11201; Acts 1963, No. 85, § 7; A.S.A. 1947, § 52-207; Acts 1995, No. 1296, § 56.

(a) A lease executed by a receiver, when acknowledged and delivered, shall be binding on all parties subject only to approval or rejection by the court as herein provided.

(b) Not later than thirty (30) days after making the lease, the receiver shall report the making of the lease to the court. If it shall appear to the court that the consideration for the lease was fair and equitable at the time the consideration was made, the court shall approve the consideration and the lease shall be binding as though executed by the various owners and their spouses.

Acts 1937, No. 220, § 7; Pope's Dig., § 11201; Acts 1963, No. 85, § 7; A.S.A. 1947, § 52-207; Acts 1995, No. 1296, § 56.
Ark. Code Ann. § 15-32-407 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-407
Recording of mortgages and sales of marked logs
Status: in_force

(a) All mortgages, liens, bills of sales, or other written instruments in any way affecting the ownership of any marked logs, which shall specify the marks placed upon the logs and when they were cut, shall be recorded in the office of the county timber inspector. (b) No conveyance, lien, mortgage, or transfer shall be valid except as to the parties thereto, until it is recorded or until it shall be filed with some deputy county timber inspector, who shall immediately forward the instrument to the county timber inspector. (c) The filing and recording of all instruments and papers shall have the same effect as notice as the recording of deeds and mortgages in the office of the county recorder. Acts 1883, No. 83, § 16, p. 140; C. & M. Dig., § 6997; Pope's Dig., § 8977; A.S.A. 1947, § 54-308; Acts 1995, No. 1296, § 55.

(a) All mortgages, liens, bills of sales, or other written instruments in any way affecting the ownership of any marked logs, which shall specify the marks placed upon the logs and when they were cut, shall be recorded in the office of the county timber inspector.

(b) No conveyance, lien, mortgage, or transfer shall be valid except as to the parties thereto, until it is recorded or until it shall be filed with some deputy county timber inspector, who shall immediately forward the instrument to the county timber inspector.

(c) The filing and recording of all instruments and papers shall have the same effect as notice as the recording of deeds and mortgages in the office of the county recorder.

Acts 1883, No. 83, § 16, p. 140; C. & M. Dig., § 6997; Pope's Dig., § 8977; A.S.A. 1947, § 54-308; Acts 1995, No. 1296, § 55.
Ark. Code Ann. § 15-13-303 — AR Code / Title 15 / Chapter 13 / Subchapter 3 / Section 15-13-303
Production incentives for feedstock processors
Status: in_force

(a) The Arkansas Alternative Fuels Development Program shall include a grant incentive program that provides grants to feedstock processors to assist in the construction, modification, alteration, or retrofitting of feedstock processing facilities that are located and operated in Arkansas. (b) The Department of Agriculture shall create a grant application process for feedstock processors that shall include: (1) An application for a grant under this subchapter that shall include at a minimum: (A) A narrative description of the intended use of the grant moneys; and (B) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary. (c) (1) The department shall prepare an annual progress report on grant assistance made under this section. (2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; and (D) The origin and tonnage of the feedstock that was processed. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council. (d) (1) The department shall not award a grant in an amount that exceeds three million dollars ($3,000,000) or fifty percent (50%) of the project cost, whichever is less, to any one (1) feedstock processor in any one (1) fiscal year. (2) An entity that holds a controlling interest in more than one (1) feedstock processing plant is considered one (1) feedstock processor under this section. (e) Nothing in this section shall limit a grant recipient under this section from applying for or receiving a production incentive for alternative fuels producers under § 15-13-302 . Amended by Act 2019, No. 910,§ 53, eff. 7/1/2019. Acts 2007, No. 873, § 1; 2009, No. 977, § 2.

(a) The Arkansas Alternative Fuels Development Program shall include a grant incentive program that provides grants to feedstock processors to assist in the construction, modification, alteration, or retrofitting of feedstock processing facilities that are located and operated in Arkansas.

(b) The Department of Agriculture shall create a grant application process for feedstock processors that shall include: (1) An application for a grant under this subchapter that shall include at a minimum: (A) A narrative description of the intended use of the grant moneys; and (B) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary.

(1) An application for a grant under this subchapter that shall include at a minimum: (A) A narrative description of the intended use of the grant moneys; and (B) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project;

(A) A narrative description of the intended use of the grant moneys; and

(B) Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project;

(2) Instructions about the grant process;

(3) Scoring procedures to determine the award of the grants; and

(4) Other factors that the Secretary of the Department of Agriculture deems necessary.

(c) (1) The department shall prepare an annual progress report on grant assistance made under this section. (2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; and (D) The origin and tonnage of the feedstock that was processed. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

(1) The department shall prepare an annual progress report on grant assistance made under this section.

(2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; and (D) The origin and tonnage of the feedstock that was processed.

(A) The amount of each grant;

(B) The purpose of each grant;

(C) How grant funds were expended by the grant recipient; and

(D) The origin and tonnage of the feedstock that was processed.

(3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

(d) (1) The department shall not award a grant in an amount that exceeds three million dollars ($3,000,000) or fifty percent (50%) of the project cost, whichever is less, to any one (1) feedstock processor in any one (1) fiscal year. (2) An entity that holds a controlling interest in more than one (1) feedstock processing plant is considered one (1) feedstock processor under this section.

(1) The department shall not award a grant in an amount that exceeds three million dollars ($3,000,000) or fifty percent (50%) of the project cost, whichever is less, to any one (1) feedstock processor in any one (1) fiscal year.

(2) An entity that holds a controlling interest in more than one (1) feedstock processing plant is considered one (1) feedstock processor under this section.

(e) Nothing in this section shall limit a grant recipient under this section from applying for or receiving a production incentive for alternative fuels producers under § 15-13-302 .

Amended by Act 2019, No. 910,§ 53, eff. 7/1/2019.

Acts 2007, No. 873, § 1; 2009, No. 977, § 2.
Ark. Code Ann. § 15-22-205 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-205
Powers of commission regarding waters
Status: in_force

(a) The Arkansas Natural Resources Commission shall have the power to: (1) Issue permits for the construction of dams to impound water; (2) Issue certificates of registration of water diverted from streams; and (3) Make allocations among persons taking water from streams during periods of shortage, to the extent and in the manner provided by law. (b) To that end, the commission shall conduct hearings and promulgate rules and orders under the procedure prescribed in this subchapter. Amended by Act 2019, No. 315,§ 1130, eff. 7/24/2019. Acts 1957, No. 81, § 4; 1963, No. 14, § 18; 1969, No. 180, § 2; 1985, No. 475, § 1; A.S.A. 1947, § 21-1304.

(a) The Arkansas Natural Resources Commission shall have the power to: (1) Issue permits for the construction of dams to impound water; (2) Issue certificates of registration of water diverted from streams; and (3) Make allocations among persons taking water from streams during periods of shortage, to the extent and in the manner provided by law.

(1) Issue permits for the construction of dams to impound water;

(2) Issue certificates of registration of water diverted from streams; and

(3) Make allocations among persons taking water from streams during periods of shortage, to the extent and in the manner provided by law.

(b) To that end, the commission shall conduct hearings and promulgate rules and orders under the procedure prescribed in this subchapter.

Amended by Act 2019, No. 315,§ 1130, eff. 7/24/2019.

Acts 1957, No. 81, § 4; 1963, No. 14, § 18; 1969, No. 180, § 2; 1985, No. 475, § 1; A.S.A. 1947, § 21-1304.
Ark. Code Ann. § 15-23-903 — AR Code / Title 15 / Chapter 23 / Subchapter 9 / Section 15-23-903
Port Priority Improvement Fund created
Status: in_force

There is created 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 "Port Priority Improvement Fund", to consist of the funds or other moneys that may be deposited therein as provided by the General Assembly, and to be used by the Arkansas Waterways Commission for the purpose of providing financial assistance to public port authorities in the manner provided in this subchapter and for development of port infrastructure, including the engineering and construction costs. Acts 2001, No. 1546, § 1.

There is created 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 "Port Priority Improvement Fund", to consist of the funds or other moneys that may be deposited therein as provided by the General Assembly, and to be used by the Arkansas Waterways Commission for the purpose of providing financial assistance to public port authorities in the manner provided in this subchapter and for development of port infrastructure, including the engineering and construction costs.

Acts 2001, No. 1546, § 1.
Ark. Code Ann. § 15-11-304 — AR Code / Title 15 / Chapter 11 / Subchapter 3 / Section 15-11-304
Preferential treatment or consideration
Status: in_force

In accepting gifts, grants, and donations, the State Parks, Recreation, and Travel Commission shall not make any agreement whereby the person or firm making the gift, grant, or donation shall receive any special consideration or preference from the commission or any tourist information bureau in the performance of the respective duties provided in this subchapter. Acts 1965, No. 515, § 4; A.S.A. 1947, § 9-213.

In accepting gifts, grants, and donations, the State Parks, Recreation, and Travel Commission shall not make any agreement whereby the person or firm making the gift, grant, or donation shall receive any special consideration or preference from the commission or any tourist information bureau in the performance of the respective duties provided in this subchapter.

Acts 1965, No. 515, § 4; A.S.A. 1947, § 9-213.
Ark. Code Ann. § 15-4-315 — AR Code / Title 15 / Chapter 43 / Subchapter 3 / Section 15-4-315
Small procurements
Status: in_force

To assist the state in ensuring that the percentages of the total amount expended in state-funded and state-directed public construction programs and procurement of commodities and services for the state each fiscal year under § 15-4-302 are paid to minority business enterprises and women-owned business enterprises under this subchapter, a procurement that does not exceed two (2) times the amount stated in § 19-11-204(13) may be procured without seeking competitive bids or competitive sealed bids if the procurement is with a certified minority business enterprise or certified women-owned business enterprise. Added by Act 2017, No. 1080,§ 2, eff. 8/1/2017.

To assist the state in ensuring that the percentages of the total amount expended in state-funded and state-directed public construction programs and procurement of commodities and services for the state each fiscal year under § 15-4-302 are paid to minority business enterprises and women-owned business enterprises under this subchapter, a procurement that does not exceed two (2) times the amount stated in § 19-11-204(13) may be procured without seeking competitive bids or competitive sealed bids if the procurement is with a certified minority business enterprise or certified women-owned business enterprise.

Added by Act 2017, No. 1080,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 15-5-1405 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1405
Guaranty
Status: in_force

(a) The Arkansas Development Finance Authority shall have the power to extend a capital guaranty of obligations issued by the designated investor group. (b) The capital guaranty shall be secured by: (1) The authority guaranty, subject to the limits establish by the authority; and (2) Tax credits. (c) The authority may charge a reasonable fee for costs and the fair compensation of risk associated with its guaranty. Acts 2001, No. 1791, § 5.

(a) The Arkansas Development Finance Authority shall have the power to extend a capital guaranty of obligations issued by the designated investor group.

(b) The capital guaranty shall be secured by: (1) The authority guaranty, subject to the limits establish by the authority; and (2) Tax credits.

(1) The authority guaranty, subject to the limits establish by the authority; and

(2) Tax credits.

(c) The authority may charge a reasonable fee for costs and the fair compensation of risk associated with its guaranty.

Acts 2001, No. 1791, § 5.
Ark. Code Ann. § 15-22-1109 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1109
Use of Drinking Water State Revolving Loan Fund Account
Status: in_force

(a) The Arkansas Natural Resources Commission and with the approval of the commission the Arkansas Development Finance Authority may use the moneys in the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and the assets acquired with moneys in the Drinking Water State Revolving Loan Fund Account to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account and pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account. (b) Subject to § 15-22-1102(c) -(e), the commission and, with the approval of the commission, the authority may pledge the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and pledge the assets acquired with moneys in the Drinking Water State Revolving Loan Fund Account to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund under § 15-5-901 et seq., consistent with applicable federal law and pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund under § 15-5-901 et seq., consistent with applicable federal law. Acts 1997, No. 772, § 9; 2003, No. 465, § 3; 2009, No. 457, § 10.

(a) The Arkansas Natural Resources Commission and with the approval of the commission the Arkansas Development Finance Authority may use the moneys in the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and the assets acquired with moneys in the Drinking Water State Revolving Loan Fund Account to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account and pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Drinking Water State Revolving Loan Fund Account.

(b) Subject to § 15-22-1102(c) -(e), the commission and, with the approval of the commission, the authority may pledge the Drinking Water State Revolving Loan Fund Account excluding the Drinking Water State Grants Account and pledge the assets acquired with moneys in the Drinking Water State Revolving Loan Fund Account to secure the payment of the principal of and premium, if any, and interest on bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund under § 15-5-901 et seq., consistent with applicable federal law and pay the principal of and premium, if any, and interest on and to pay costs incurred in connection with bonds issued by the commission or the authority if proceeds of the bonds are deposited into the Construction Assistance Revolving Loan Fund under § 15-5-901 et seq., consistent with applicable federal law.

Acts 1997, No. 772, § 9; 2003, No. 465, § 3; 2009, No. 457, § 10.
Ark. Code Ann. § 15-4-706 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-706
Execution and delivery of bonds
Status: in_force

(a) The bonds shall be executed by the facsimile signature of the Chair of the Arkansas Economic Development Council and by the manual signature of the Director of the Arkansas Economic Development Commission. (b) Interest coupons attached to the bonds shall be executed with the facsimile signature of the chair. (c) Delivery of the bonds and coupons so executed shall be valid notwithstanding any change in persons holding such offices occurring after the bonds have been executed. Amended by Act 2019, No. 910,§ 364, eff. 7/1/2019. Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567; Acts 1997, No. 540, § 77.

(a) The bonds shall be executed by the facsimile signature of the Chair of the Arkansas Economic Development Council and by the manual signature of the Director of the Arkansas Economic Development Commission.

(b) Interest coupons attached to the bonds shall be executed with the facsimile signature of the chair.

(c) Delivery of the bonds and coupons so executed shall be valid notwithstanding any change in persons holding such offices occurring after the bonds have been executed.

Amended by Act 2019, No. 910,§ 364, eff. 7/1/2019.

Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567; Acts 1997, No. 540, § 77.
Ark. Code Ann. § 15-4-909 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-909
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 5; A.S.A. 1947, § 67-1605.

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

Acts 1957, No. 567, § 5; A.S.A. 1947, § 67-1605.
Ark. Code Ann. § 15-5-1707 — AR Code / Title 15 / Chapter 5 / Subchapter 17 / Section 15-5-1707
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 31, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 443, eff. 7/1/2019. Acts 2009, No. 661, § 1.

Repealed by Act 2023, No. 365,§ 31, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 443, eff. 7/1/2019.

Acts 2009, No. 661, § 1.
Ark. Code Ann. § 15-22-805 — AR Code / Title 15 / Chapter 22 / Subchapter 8 / Section 15-22-805
Loans or grants - Amounts
Status: in_force

(a) The Arkansas Natural Resources Commission is authorized to make either loans or grants to local governments to provide them with the nonfederal interest's share of the cost share for a water resources development project. (b) (1) The commission shall not make a loan or grant to a local government for more than fifty percent (50%) of the total project cost for a water resources development project. (2) If the commission determines to provide assistance for a water resources project without the requirement of the execution of a cooperative agreement, the commission may provide up to sixty-five percent (65%) of the total project cost in the form of a loan or grant to the local government. Acts 1989, No. 257, § 5; 2001, No. 1039, § 1.

(a) The Arkansas Natural Resources Commission is authorized to make either loans or grants to local governments to provide them with the nonfederal interest's share of the cost share for a water resources development project.

(b) (1) The commission shall not make a loan or grant to a local government for more than fifty percent (50%) of the total project cost for a water resources development project. (2) If the commission determines to provide assistance for a water resources project without the requirement of the execution of a cooperative agreement, the commission may provide up to sixty-five percent (65%) of the total project cost in the form of a loan or grant to the local government.

(1) The commission shall not make a loan or grant to a local government for more than fifty percent (50%) of the total project cost for a water resources development project.

(2) If the commission determines to provide assistance for a water resources project without the requirement of the execution of a cooperative agreement, the commission may provide up to sixty-five percent (65%) of the total project cost in the form of a loan or grant to the local government.

Acts 1989, No. 257, § 5; 2001, No. 1039, § 1.
Ark. Code Ann. § 15-55-201 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-201
Office of the State Geologist - Creation
Status: in_force

There is created and established at the seat of government of this state within the Oil and Gas Commission the "Office of the State Geologist". Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1963, No. 16, § 1; A.S.A. 1947, § 9-400; Acts 2007, No. 129, § 2.

There is created and established at the seat of government of this state within the Oil and Gas Commission the "Office of the State Geologist".

Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023.

Acts 1963, No. 16, § 1; A.S.A. 1947, § 9-400; Acts 2007, No. 129, § 2.
Ark. Code Ann. § 15-3-117 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-117
Use of revenues - Assistance to minority businesses
Status: in_force

(a) The Arkansas Economic Development Commission is authorized to use any available revenues for the accomplishment of the purposes set forth in this subchapter. (b) In carrying out the purposes set forth in this subchapter, the commission will assist minority businesses in obtaining loans or other means of financial assistance. (c) 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. (d) In order to comply with this requirement, efforts will be made to solicit for review and analysis proposed minority business ventures. (e) It is further provided that basic loan underwriting standards will not be waived to inconsistently favor minority persons or businesses, or both, from the intent of the commission's lending practices. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 9; 1985, No. 409, § 7; A.S.A. 1947, § 6-1609.

(a) The Arkansas Economic Development Commission is authorized to use any available revenues for the accomplishment of the purposes set forth in this subchapter.

(b) In carrying out the purposes set forth in this subchapter, the commission will assist minority businesses in obtaining loans or other means of financial assistance.

(c) 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.

(d) In order to comply with this requirement, efforts will be made to solicit for review and analysis proposed minority business ventures.

(e) It is further provided that basic loan underwriting standards will not be waived to inconsistently favor minority persons or businesses, or both, from the intent of the commission's lending practices.

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

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

Acts 1983, No. 859, § 9; 1985, No. 409, § 7; A.S.A. 1947, § 6-1609.
Ark. Code Ann. § 15-22-1104 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1104
Administration of set aside account
Status: in_force

(a) (1) The Drinking Water State Set Aside Account shall be administered by the Department of Health. (2) The department may establish procedures and adopt rules required to administer the account and programs financed in whole or in part with moneys in the account in accordance with federal or state law providing for water systems, including, without limitation the Safe Drinking Water Act, and to enter into contracts and other agreements in connection with the operation of the account, including without limitation contracts and agreements with federal agencies, the Arkansas Development Finance Authority, the Arkansas Natural Resources Commission, and other parties to the extent necessary or convenient for the implementation of the Safe Drinking Water Fund and programs financed in whole or in part with moneys in the fund. (b) The department shall maintain full authority for the operation of the account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the account. Acts 1997, No. 772, § 4; 2003, No. 465, § 2; 2009, No. 457, § 6.

(a) (1) The Drinking Water State Set Aside Account shall be administered by the Department of Health. (2) The department may establish procedures and adopt rules required to administer the account and programs financed in whole or in part with moneys in the account in accordance with federal or state law providing for water systems, including, without limitation the Safe Drinking Water Act, and to enter into contracts and other agreements in connection with the operation of the account, including without limitation contracts and agreements with federal agencies, the Arkansas Development Finance Authority, the Arkansas Natural Resources Commission, and other parties to the extent necessary or convenient for the implementation of the Safe Drinking Water Fund and programs financed in whole or in part with moneys in the fund.

(1) The Drinking Water State Set Aside Account shall be administered by the Department of Health.

(2) The department may establish procedures and adopt rules required to administer the account and programs financed in whole or in part with moneys in the account in accordance with federal or state law providing for water systems, including, without limitation the Safe Drinking Water Act, and to enter into contracts and other agreements in connection with the operation of the account, including without limitation contracts and agreements with federal agencies, the Arkansas Development Finance Authority, the Arkansas Natural Resources Commission, and other parties to the extent necessary or convenient for the implementation of the Safe Drinking Water Fund and programs financed in whole or in part with moneys in the fund.

(b) The department shall maintain full authority for the operation of the account in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the account.

Acts 1997, No. 772, § 4; 2003, No. 465, § 2; 2009, No. 457, § 6.
Ark. Code Ann. § 15-72-206 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-206
Casing oil or gas wells - Keeping sands separate
Status: in_force

(a) The owner or operator of any well put down for the purpose of exploring for, or producing, oil or gas, shall, during the course of drilling, case off all fresh or salt water from each oil-producing or gas-producing sand encountered while drilling, the casing to be set in the well in such manner as to exclude all water from penetrating the first into a lower oil-bearing or gas-bearing sand, the well shall be cased in such manner as to exclude all fresh or salt water from all oil-bearing or gas-bearing sands encountered during the course of the drilling operations. (b) Should any well so drilled produce oil or gas in paying quantities through the first or any succeeding oil-bearing or gas-bearing sand, the oil or gas shall be conserved by either casing or mudding it off, so as to confine it in the gas-bearing or oil-bearing sand where found. Acts 1917, No. 166, § 1, p. 890; C. & M. Dig., § 7299; Pope's Dig., § 9355; A.S.A. 1947, § 53-201; Acts 2007, No. 859, § 5.

(a) The owner or operator of any well put down for the purpose of exploring for, or producing, oil or gas, shall, during the course of drilling, case off all fresh or salt water from each oil-producing or gas-producing sand encountered while drilling, the casing to be set in the well in such manner as to exclude all water from penetrating the first into a lower oil-bearing or gas-bearing sand, the well shall be cased in such manner as to exclude all fresh or salt water from all oil-bearing or gas-bearing sands encountered during the course of the drilling operations.

(b) Should any well so drilled produce oil or gas in paying quantities through the first or any succeeding oil-bearing or gas-bearing sand, the oil or gas shall be conserved by either casing or mudding it off, so as to confine it in the gas-bearing or oil-bearing sand where found.

Acts 1917, No. 166, § 1, p. 890; C. & M. Dig., § 7299; Pope's Dig., § 9355; A.S.A. 1947, § 53-201; Acts 2007, No. 859, § 5.
Ark. Code Ann. § 15-41-118 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-118
Agreements to hold and save United States free from damages
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, the Arkansas State Game and Fish Commission is authorized to agree to hold and save the United States free from damages due to the design, construction, operation, maintenance, repair, replacement, or rehabilitation of: (A) Projects for water resource development, wildlife conservation, or other purposes; and (B) Any state-sponsored or locally sponsored project-related betterments. (2) Subdivision (a)(1) of this section shall not apply to damages due to the fault or negligence of the United States or its contractors. (b) Subsection (a) of this section does not: (1) Obligate the General Assembly to provide future appropriations; or (2) Abrogate the provisions of Arkansas Constitution, Article 5, § 29. Acts 2010, No. 162, § 7.

(a) (1) Except as provided in subdivision (a)(2) of this section, the Arkansas State Game and Fish Commission is authorized to agree to hold and save the United States free from damages due to the design, construction, operation, maintenance, repair, replacement, or rehabilitation of: (A) Projects for water resource development, wildlife conservation, or other purposes; and (B) Any state-sponsored or locally sponsored project-related betterments. (2) Subdivision (a)(1) of this section shall not apply to damages due to the fault or negligence of the United States or its contractors.

(1) Except as provided in subdivision (a)(2) of this section, the Arkansas State Game and Fish Commission is authorized to agree to hold and save the United States free from damages due to the design, construction, operation, maintenance, repair, replacement, or rehabilitation of: (A) Projects for water resource development, wildlife conservation, or other purposes; and (B) Any state-sponsored or locally sponsored project-related betterments.

(A) Projects for water resource development, wildlife conservation, or other purposes; and

(B) Any state-sponsored or locally sponsored project-related betterments.

(2) Subdivision (a)(1) of this section shall not apply to damages due to the fault or negligence of the United States or its contractors.

(b) Subsection (a) of this section does not: (1) Obligate the General Assembly to provide future appropriations; or (2) Abrogate the provisions of Arkansas Constitution, Article 5, § 29.

(1) Obligate the General Assembly to provide future appropriations; or

(2) Abrogate the provisions of Arkansas Constitution, Article 5, § 29.

Acts 2010, No. 162, § 7.
Ark. Code Ann. § 15-22-1303 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1303
Tax exempt status of bonds - Investment in bonds
Status: in_force

(a) Any bonds issued under this subchapter and the interest paid on the bonds shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and property taxes. (b) (1) Any municipality, board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustees of any retirement system created by the General Assembly, in its discretion, may invest any of its funds not immediately needed for its purposes in bonds issued under this subchapter. (2) Bonds issued under this subchapter shall be eligible to secure the deposit of public funds. Acts 2003, No. 598, § 1.

(a) Any bonds issued under this subchapter and the interest paid on the bonds shall be exempt from all state, county, and municipal taxes, and the exemption shall include income, inheritance, and property taxes.

(b) (1) Any municipality, board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustees of any retirement system created by the General Assembly, in its discretion, may invest any of its funds not immediately needed for its purposes in bonds issued under this subchapter. (2) Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

(1) Any municipality, board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustees of any retirement system created by the General Assembly, in its discretion, may invest any of its funds not immediately needed for its purposes in bonds issued under this subchapter.

(2) Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-57-201 — AR Code / Title 15 / Chapter 57 / Subchapter 2 / Section 15-57-201
Reclamation to be voluntary
Status: in_force

Any land reclamation or improvement conducted by the owner of lands pursuant to the provisions of this subchapter shall be strictly on a voluntary basis. The reclamation or improvement shall not subject the lands or the owner to the provisions of the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or any other reclamation laws of this state. Acts 1983, No. 77, § 3; A.S.A. 1947, § 52-974.

Any land reclamation or improvement conducted by the owner of lands pursuant to the provisions of this subchapter shall be strictly on a voluntary basis. The reclamation or improvement shall not subject the lands or the owner to the provisions of the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or any other reclamation laws of this state.

Acts 1983, No. 77, § 3; A.S.A. 1947, § 52-974.
Ark. Code Ann. § 15-10-201 — AR Code / Title 15 / Chapter 10 / Subchapter 2 / Section 15-10-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Energy Reorganization and Policy Act of 1981". Acts 1981, No. 7, § 1; A.S.A. 1947, § 5-936.

This subchapter may be cited as the "Arkansas Energy Reorganization and Policy Act of 1981".

Acts 1981, No. 7, § 1; A.S.A. 1947, § 5-936.
Ark. Code Ann. § 15-21-310 — AR Code / Title 15 / Chapter 21 / Subchapter 3 / Section 15-21-310
Reliance on system not required
Status: in_force

Nothing contained in this subchapter shall require any purchaser or mortgagee to rely on the description, any part of which depends exclusively upon the Arkansas Coordinate System 1983. Acts 1991, No. 861, § 9.

Nothing contained in this subchapter shall require any purchaser or mortgagee to rely on the description, any part of which depends exclusively upon the Arkansas Coordinate System 1983.

Acts 1991, No. 861, § 9.
Ark. Code Ann. § 15-5-1508 — AR Code / Title 15 / Chapter 5 / Subchapter 15 / Section 15-5-1508
Security for bonds
Status: in_force

The Arkansas Development Finance Authority may use the moneys in the Brownfield Revolving Loan Fund and the assets acquired with moneys in the fund to secure payment of the principal, premium, and interest on bonds issued by the authority if the net proceeds of the bonds are deposited into the fund. Acts 2003, No. 1194, § 1.

The Arkansas Development Finance Authority may use the moneys in the Brownfield Revolving Loan Fund and the assets acquired with moneys in the fund to secure payment of the principal, premium, and interest on bonds issued by the authority if the net proceeds of the bonds are deposited into the fund.

Acts 2003, No. 1194, § 1.
Ark. Code Ann. § 15-22-712 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-712
Bonds - Execution and delivery
Status: in_force

(a) (1) Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Natural Resources Commission and with the manual signature of the Treasurer of State or by one (1) or more deputies of the Treasurer of State. (2) Each bond shall have affixed or imprinted thereon the Great Seal of the State of Arkansas. (b) Interest coupons attached to the bonds, if any, shall be signed with the facsimile signature of the Treasurer of State. (c) Delivery of the bonds and coupons so executed shall be valid, notwithstanding any change in persons holding such offices occurring after the bonds have been executed. Acts 1987, No. 686, § 7.

(a) (1) Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Natural Resources Commission and with the manual signature of the Treasurer of State or by one (1) or more deputies of the Treasurer of State. (2) Each bond shall have affixed or imprinted thereon the Great Seal of the State of Arkansas.

(1) Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Natural Resources Commission and with the manual signature of the Treasurer of State or by one (1) or more deputies of the Treasurer of State.

(2) Each bond shall have affixed or imprinted thereon the Great Seal of the State of Arkansas.

(b) Interest coupons attached to the bonds, if any, shall be signed with the facsimile signature of the Treasurer of State.

(c) Delivery of the bonds and coupons so executed shall be valid, notwithstanding any change in persons holding such offices occurring after the bonds have been executed.

Acts 1987, No. 686, § 7.
Ark. Code Ann. § 15-4-1601 — AR Code / Title 15 / Chapter 4 / Subchapter 16 / Section 15-4-1601
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Economic Development Incentive Act of 1993". Acts 1993, No. 788, § 1; 1993, No. 851, § 1.

This subchapter may be referred to and cited as the "Arkansas Economic Development Incentive Act of 1993".

Acts 1993, No. 788, § 1; 1993, No. 851, § 1.
Ark. Code Ann. § 15-20-407 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-407
Effect on existing interests
Status: in_force

An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it. Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.

An interest in real property in existence at the time a conservation easement is created is not impaired by it unless the owner of the interest is a party to the conservation easement or consents to it.

Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Ark. Code Ann. § 15-71-113 — AR Code / Title 15 / Chapter 71 / Section 15-71-113
Authority to acquire and maintain unmarked cars
Status: in_force

(a) In order to enable the Oil and Gas Commission to carry out its duties in the most effective and efficient manner, the commission is authorized, in consultation with the Secretary of the Department of Energy and Environment, to acquire and maintain for use by field personnel full-sized sedan automobiles equipped with V-8 engines in the three-hundred-fifty-cubic-inch displacement range, limited slip differentials, and vinyl seat covers. (b) Since marked cars sometimes prove a hindrance to the commission in carrying out its inspection, investigation, and enforcement responsibilities, the commission is exempted from any and all laws and administrative rules regarding special registration tags and special decals for state-owned vehicles. Amended by Act 2019, No. 315,§ 1228, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3174, eff. 7/1/2019. Acts 1981, No. 319, § 6; A.S.A. 1947, § 53-138.

(a) In order to enable the Oil and Gas Commission to carry out its duties in the most effective and efficient manner, the commission is authorized, in consultation with the Secretary of the Department of Energy and Environment, to acquire and maintain for use by field personnel full-sized sedan automobiles equipped with V-8 engines in the three-hundred-fifty-cubic-inch displacement range, limited slip differentials, and vinyl seat covers.

(b) Since marked cars sometimes prove a hindrance to the commission in carrying out its inspection, investigation, and enforcement responsibilities, the commission is exempted from any and all laws and administrative rules regarding special registration tags and special decals for state-owned vehicles.

Amended by Act 2019, No. 315,§ 1228, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3174, eff. 7/1/2019.

Acts 1981, No. 319, § 6; A.S.A. 1947, § 53-138.
Ark. Code Ann. § 15-5-1506 — AR Code / Title 15 / Chapter 5 / Subchapter 15 / Section 15-5-1506
Loans - Grants
Status: in_force

(a) With approval of the Division of Environmental Quality, the Arkansas Development Finance Authority may: (1) Make secured or unsecured loans from the Brownfield Revolving Loan Fund; (2) Award grants from the fund; (3) Collect interest on any loans issued; and (4) Assess penalties on late loan payments. (b) Loans issued under this subchapter may contain an acceleration clause. Amended by Act 2019, No. 910,§ 3050, eff. 7/1/2019. Acts 2003, No. 1194, § 1.

(a) With approval of the Division of Environmental Quality, the Arkansas Development Finance Authority may: (1) Make secured or unsecured loans from the Brownfield Revolving Loan Fund; (2) Award grants from the fund; (3) Collect interest on any loans issued; and (4) Assess penalties on late loan payments.

(1) Make secured or unsecured loans from the Brownfield Revolving Loan Fund;

(2) Award grants from the fund;

(3) Collect interest on any loans issued; and

(4) Assess penalties on late loan payments.

(b) Loans issued under this subchapter may contain an acceleration clause.

Amended by Act 2019, No. 910,§ 3050, eff. 7/1/2019.

Acts 2003, No. 1194, § 1.
Ark. Code Ann. § 15-10-303 — AR Code / Title 15 / Chapter 10 / Subchapter 3 / Section 15-10-303
License or permit requirement
Status: in_force

No person shall manufacture, construct, produce, transfer, acquire, or possess any special nuclear material, by-product material, production facility, or utilization facility wholly within this state unless he or she shall have first obtained a license or permit for the activity in which he or she proposes to engage from the United States Nuclear Regulatory Commission if, pursuant to the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., the commission requires a license or permit to be obtained by persons proposing to engage in activities of the same type over which it has jurisdiction. Acts 1957, No. 386, § 2; A.S.A. 1947, § 82-1402.

No person shall manufacture, construct, produce, transfer, acquire, or possess any special nuclear material, by-product material, production facility, or utilization facility wholly within this state unless he or she shall have first obtained a license or permit for the activity in which he or she proposes to engage from the United States Nuclear Regulatory Commission if, pursuant to the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., the commission requires a license or permit to be obtained by persons proposing to engage in activities of the same type over which it has jurisdiction.

Acts 1957, No. 386, § 2; A.S.A. 1947, § 82-1402.
Ark. Code Ann. § 15-5-301 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-301
Power to issue bonds
Status: in_force

(a) The Arkansas Development Finance Authority is authorized and empowered to issue bonds, whether or not the interest on the bonds is subject to federal income taxation, either for a specific activity or for a particular project or on a pooled or consolidated basis for a series of related or unrelated activities or projects in such amounts as shall be determined by the authority for the purpose of enhancing the Public School Fund or financing qualified agricultural business enterprises, capital improvement facilities, educational facilities, healthcare facilities, housing developments, industrial enterprises, exports of goods and short-term advance funding of local government obligations, scientific and technical services businesses, technology-based enterprises, tourism enterprises, nonprofit organizations, energy efficiency projects, or any combination of those facilities or enterprises, or any interest in facilities, including without limitation leasehold interests in and mortgages on those facilities. (b) However, nothing in this subchapter and §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , and 15-5-213 shall be construed to authorize the authority to issue or sell revenue bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system owned or operated by a regulated public utility. Amended by Act 2017, No. 824,§ 10, eff. 7/1/2017. Amended by Act 2013, No. 1252,§ 4, eff. 8/16/2013. Acts 1985, No. 1062, § 6.00; 1986 (2nd Ex. Sess.), No. 18, § 2; A.S.A. 1947, § 13-2906; Acts 1987, No. 900, § 5; 2007, No. 593, § 2.

(a) The Arkansas Development Finance Authority is authorized and empowered to issue bonds, whether or not the interest on the bonds is subject to federal income taxation, either for a specific activity or for a particular project or on a pooled or consolidated basis for a series of related or unrelated activities or projects in such amounts as shall be determined by the authority for the purpose of enhancing the Public School Fund or financing qualified agricultural business enterprises, capital improvement facilities, educational facilities, healthcare facilities, housing developments, industrial enterprises, exports of goods and short-term advance funding of local government obligations, scientific and technical services businesses, technology-based enterprises, tourism enterprises, nonprofit organizations, energy efficiency projects, or any combination of those facilities or enterprises, or any interest in facilities, including without limitation leasehold interests in and mortgages on those facilities.

(b) However, nothing in this subchapter and §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , and 15-5-213 shall be construed to authorize the authority to issue or sell revenue bonds or use the proceeds thereof to purchase, condemn, or otherwise acquire a utility plant or distribution system owned or operated by a regulated public utility.

Amended by Act 2017, No. 824,§ 10, eff. 7/1/2017.

Amended by Act 2013, No. 1252,§ 4, eff. 8/16/2013.

Acts 1985, No. 1062, § 6.00; 1986 (2nd Ex. Sess.), No. 18, § 2; A.S.A. 1947, § 13-2906; Acts 1987, No. 900, § 5; 2007, No. 593, § 2.
Ark. Code Ann. § 15-74-301 — AR Code / Title 15 / Chapter 74 / Subchapter 3 / Section 15-74-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Standard Gas Measurement Law". Acts 1951, No. 214, § 1; A.S.A. 1947, § 53-516.

This subchapter shall be known and may be cited as the "Standard Gas Measurement Law".

Acts 1951, No. 214, § 1; A.S.A. 1947, § 53-516.
Ark. Code Ann. § 15-5-905 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-905
Federal grants deposited into fund
Status: in_force

(a) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority may accept moneys for deposit into the Construction Assistance Revolving Loan Fund from allocations from the Treasurer of State under this section. (b) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants received by the Treasurer of State from the federal government for deposit into the fund are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter. Acts 1991, No. 718, §§ 1, 2; 1993, No. 833, § 4; 2003, No. 548, § 2; 2009, No. 458, § 5.

(a) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority may accept moneys for deposit into the Construction Assistance Revolving Loan Fund from allocations from the Treasurer of State under this section.

(b) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants received by the Treasurer of State from the federal government for deposit into the fund are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter.

Acts 1991, No. 718, §§ 1, 2; 1993, No. 833, § 4; 2003, No. 548, § 2; 2009, No. 458, § 5.
Ark. Code Ann. § 15-31-203 — AR Code / Title 15 / Chapter 31 / Subchapter 2 / Section 15-31-203
Payment for services - Free services
Status: in_force

(a) For designating, measuring, or estimating services, the landowner or his or her agent, upon presentation of a statement, shall pay to the State Forester, within thirty (30) days of receipt of the statement, an amount not to exceed five percent (5%) of the sale price or fair market value of the stumpage so designated and measured or estimated. (b) However, for the purpose of further encouraging the use of approved scientific forestry principles on the private forest lands of this state and to permit explanation of the application of principles, the State Forester, where he or she deems it advisable, may designate and measure or estimate without charge the trees of a forest landowner on an area not in excess of eighty (80) acres. Acts 1947, No. 163, § 2; A.S.A. 1947, § 9-718.

(a) For designating, measuring, or estimating services, the landowner or his or her agent, upon presentation of a statement, shall pay to the State Forester, within thirty (30) days of receipt of the statement, an amount not to exceed five percent (5%) of the sale price or fair market value of the stumpage so designated and measured or estimated.

(b) However, for the purpose of further encouraging the use of approved scientific forestry principles on the private forest lands of this state and to permit explanation of the application of principles, the State Forester, where he or she deems it advisable, may designate and measure or estimate without charge the trees of a forest landowner on an area not in excess of eighty (80) acres.

Acts 1947, No. 163, § 2; A.S.A. 1947, § 9-718.
Ark. Code Ann. § 15-4-602 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-602
Definitions
Status: in_force

As used in this subchapter: (1) "Act No. 9 bonds" means revenue bonds issued in accordance with the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq.; (2) "ADFA bonds" means revenue bonds and direct loans, including bond anticipation loans, issued by the Arkansas Development Finance Authority in accordance with the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 ; (3) "Amortization payments" means periodic, which may be monthly, semiannual, annual, etc., payments of interest, and payments of principal, whether the principal is payable in installments or otherwise, including principal required to be prepaid upon the happening of certain events, as required by an Act No. 9 bond or Arkansas Development Finance Authority indenture or resolution; and (4) "User" means the lessee or other principal user of the industrial project to be financed, in whole or in part, with the proceeds of Act No. 9 bonds or ADFA bonds. Acts 1967, No. 173, § 2; A.S.A. 1947 § 9-560; Acts 1987 (1st Ex. Sess.), No. 39, § 1; 1997, No. 778, § 1; 2001, No. 1032, § 1.

As used in this subchapter:

(1) "Act No. 9 bonds" means revenue bonds issued in accordance with the provisions of the Municipalities and Counties Industrial Development Revenue Bond Law, § 14-164-201 et seq.;

(2) "ADFA bonds" means revenue bonds and direct loans, including bond anticipation loans, issued by the Arkansas Development Finance Authority in accordance with the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 ;

(3) "Amortization payments" means periodic, which may be monthly, semiannual, annual, etc., payments of interest, and payments of principal, whether the principal is payable in installments or otherwise, including principal required to be prepaid upon the happening of certain events, as required by an Act No. 9 bond or Arkansas Development Finance Authority indenture or resolution; and

(4) "User" means the lessee or other principal user of the industrial project to be financed, in whole or in part, with the proceeds of Act No. 9 bonds or ADFA bonds.

Acts 1967, No. 173, § 2; A.S.A. 1947 § 9-560; Acts 1987 (1st Ex. Sess.), No. 39, § 1; 1997, No. 778, § 1; 2001, No. 1032, § 1.
Ark. Code Ann. § 15-74-409 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-409
Oil or gasoline testing prior to sale
Status: in_force

(a) Whenever any person, firm, or corporation shall receive any of the oils or gasoline mentioned in this subchapter that has not been tested under the laws of this state, it shall be his or her or its duty to: (1) Cause to be tested, or test, the oils or gasoline as provided in this subchapter before the oils or gasoline are offered for sale; or (2) Pay the same fee as is provided in this subchapter. (b) In order to comply with the requirements of this section, the inspectors or deputies, when called upon, as soon as practicable, shall test or cause to be tested the petroleum oils mentioned in the subchapter. (c) When any person, firm, or corporation shall receive within this state any of the petroleum oils mentioned in this subchapter for the different purposes mentioned in this subchapter, he or she shall at once notify the Secretary of the Department of Finance and Administration, or one (1) of his or her deputies or inspectors, of the quantity of the oils received and request the inspection of the oils. If for any reason the deputies or inspectors are not able to promptly test the petroleum oils, the person, firm, or corporation, or any authorized agent thereof, may subject the products of petroleum to the test prescribed by the provisions of this subchapter, and on furnishing the secretary, or any deputy or inspector, an affidavit that the oils have been subjected to and have met the requirements of the test prescribed by this subchapter, he or she shall be entitled to receive from the secretary, or deputy or inspector, a certificate showing that the test has been made. The person, firm, or corporation, or any duly authorized agent thereof, may then sell or offer for sale the oils. Amended by Act 2019, No. 910,§ 3417, eff. 7/1/2019. Acts 1933, No. 134, § 8; Pope's Dig., § 10455; A.S.A. 1947, § 53-608.

(a) Whenever any person, firm, or corporation shall receive any of the oils or gasoline mentioned in this subchapter that has not been tested under the laws of this state, it shall be his or her or its duty to: (1) Cause to be tested, or test, the oils or gasoline as provided in this subchapter before the oils or gasoline are offered for sale; or (2) Pay the same fee as is provided in this subchapter.

(1) Cause to be tested, or test, the oils or gasoline as provided in this subchapter before the oils or gasoline are offered for sale; or

(2) Pay the same fee as is provided in this subchapter.

(b) In order to comply with the requirements of this section, the inspectors or deputies, when called upon, as soon as practicable, shall test or cause to be tested the petroleum oils mentioned in the subchapter.

(c) When any person, firm, or corporation shall receive within this state any of the petroleum oils mentioned in this subchapter for the different purposes mentioned in this subchapter, he or she shall at once notify the Secretary of the Department of Finance and Administration, or one (1) of his or her deputies or inspectors, of the quantity of the oils received and request the inspection of the oils. If for any reason the deputies or inspectors are not able to promptly test the petroleum oils, the person, firm, or corporation, or any authorized agent thereof, may subject the products of petroleum to the test prescribed by the provisions of this subchapter, and on furnishing the secretary, or any deputy or inspector, an affidavit that the oils have been subjected to and have met the requirements of the test prescribed by this subchapter, he or she shall be entitled to receive from the secretary, or deputy or inspector, a certificate showing that the test has been made. The person, firm, or corporation, or any duly authorized agent thereof, may then sell or offer for sale the oils.

Amended by Act 2019, No. 910,§ 3417, eff. 7/1/2019.

Acts 1933, No. 134, § 8; Pope's Dig., § 10455; A.S.A. 1947, § 53-608.
Ark. Code Ann. § 15-5-316 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-316
No personal liability
Status: in_force

No director or officer of the Arkansas Development Finance Authority shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she shall have acted with a corrupt intent. Acts 1985, No. 1062, § 12.00; A.S.A. 1947, § 13-2912.

No director or officer of the Arkansas Development Finance Authority shall be liable personally for any reason arising from the issuance of bonds under this subchapter unless he or she shall have acted with a corrupt intent.

Acts 1985, No. 1062, § 12.00; A.S.A. 1947, § 13-2912.
Ark. Code Ann. § 15-55-208 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-208
Duties
Status: in_force

(a) It shall be the duty of the Office of the State Geologist, in cooperation with the United States Geological Survey, to: (1) Investigate, or to have investigated, such of the natural resources of the state, consisting of the available waterpower of the streams, the clays of the state as related to their adaptability to the various purposes for which clays are utilized, the cement materials of the state, the road materials of the state, and such other minerals and economic geologic products, as it may be deemed practicable and advisable by the office to have investigated; and (2) Prepare or have prepared topographic maps deemed advisable. (b) The office may: (1) Make or have made investigations deemed advisable relating to the conservation of exhaustible natural resources; (2) In cooperation with the United States Geological Survey, make investigations deemed advisable relating to the safety of miners and mine operations; and (3) Adopt measures deemed practicable to assist mine operators in preventing explosions and give relief in case explosions occur. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1907, No. 417, § 2, p. 1103; 1909, No. 348, § 2, p. 1020; C. & M. Dig., § 4973; Pope's Dig., § 12222; A.S.A. 1947, § 9-401.

(a) It shall be the duty of the Office of the State Geologist, in cooperation with the United States Geological Survey, to: (1) Investigate, or to have investigated, such of the natural resources of the state, consisting of the available waterpower of the streams, the clays of the state as related to their adaptability to the various purposes for which clays are utilized, the cement materials of the state, the road materials of the state, and such other minerals and economic geologic products, as it may be deemed practicable and advisable by the office to have investigated; and (2) Prepare or have prepared topographic maps deemed advisable.

(1) Investigate, or to have investigated, such of the natural resources of the state, consisting of the available waterpower of the streams, the clays of the state as related to their adaptability to the various purposes for which clays are utilized, the cement materials of the state, the road materials of the state, and such other minerals and economic geologic products, as it may be deemed practicable and advisable by the office to have investigated; and

(2) Prepare or have prepared topographic maps deemed advisable.

(b) The office may: (1) Make or have made investigations deemed advisable relating to the conservation of exhaustible natural resources; (2) In cooperation with the United States Geological Survey, make investigations deemed advisable relating to the safety of miners and mine operations; and (3) Adopt measures deemed practicable to assist mine operators in preventing explosions and give relief in case explosions occur.

(1) Make or have made investigations deemed advisable relating to the conservation of exhaustible natural resources;

(2) In cooperation with the United States Geological Survey, make investigations deemed advisable relating to the safety of miners and mine operations; and

(3) Adopt measures deemed practicable to assist mine operators in preventing explosions and give relief in case explosions occur.

Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023.

Acts 1907, No. 417, § 2, p. 1103; 1909, No. 348, § 2, p. 1020; C. & M. Dig., § 4973; Pope's Dig., § 12222; A.S.A. 1947, § 9-401.
Ark. Code Ann. § 15-3-208 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-208
Rules
Status: in_force

The Arkansas Economic Development Commission has the authority to establish guidelines by which eligible institutions might access research funds created by this subchapter through the promulgation of administrative rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2015EX1, No. 8,§ 81, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 81, eff. 7/1/2015. Acts 1999, No. 1545, § 8.

The Arkansas Economic Development Commission has the authority to establish guidelines by which eligible institutions might access research funds created by this subchapter through the promulgation of administrative rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2015EX1, No. 8,§ 81, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 81, eff. 7/1/2015.

Acts 1999, No. 1545, § 8.
Ark. Code Ann. § 15-4-2009 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2009
Penalties
Status: in_force

(a) A production company that intends to apply for a tax incentive under this subchapter and does not register as required by § 15-4-2004 may be enjoined from engaging in production activities in the state by any court of competent jurisdiction until the production company has registered. (b) A production company that intends to apply for a tax incentive under this subchapter and fails to comply with this subchapter may be denied future participation in tax incentives under this subchapter and is subject to penalty in accordance with applicable state or federal law. Amended by Act 2023, No. 204,§ 8, eff. 8/1/2023. Amended by Act 2021, No. 797,§ 9, eff. 7/28/2021. Acts 1997, No. 919, § 8; 2009, No. 816, § 1.

(a) A production company that intends to apply for a tax incentive under this subchapter and does not register as required by § 15-4-2004 may be enjoined from engaging in production activities in the state by any court of competent jurisdiction until the production company has registered.

(b) A production company that intends to apply for a tax incentive under this subchapter and fails to comply with this subchapter may be denied future participation in tax incentives under this subchapter and is subject to penalty in accordance with applicable state or federal law.

Amended by Act 2023, No. 204,§ 8, eff. 8/1/2023.

Amended by Act 2021, No. 797,§ 9, eff. 7/28/2021.

Acts 1997, No. 919, § 8; 2009, No. 816, § 1.
Ark. Code Ann. § 15-60-105 — AR Code / Title 15 / Chapter 60 / Section 15-60-105
Contents of license
Status: in_force

Every license issued by the county clerk shall: (1) Contain the full name and address of the licensee. In the case of a group of persons participating together, associations, partnerships, copartnerships, and firms, it shall contain the full names and addresses of the members thereof and in the case of joint-stock companies, corporations, and trusts, the full names and addresses of the officers and directors thereof; (2) State the date issued and the expiration date thereof; and (3) State the county in which the license is valid and effective. Acts 1943, No. 86, § 7; A.S.A. 1947, § 52-807.

Every license issued by the county clerk shall:

(1) Contain the full name and address of the licensee. In the case of a group of persons participating together, associations, partnerships, copartnerships, and firms, it shall contain the full names and addresses of the members thereof and in the case of joint-stock companies, corporations, and trusts, the full names and addresses of the officers and directors thereof;

(2) State the date issued and the expiration date thereof; and

(3) State the county in which the license is valid and effective.

Acts 1943, No. 86, § 7; A.S.A. 1947, § 52-807.
Ark. Code Ann. § 15-57-203 — AR Code / Title 15 / Chapter 57 / Subchapter 2 / Section 15-57-203
Notice of proposed reclamation - Investigation
Status: in_force

(a) Any owner of such lands who wishes to make environmental or aesthetic improvements to reclaim or improve the lands, as authorized in this subchapter, shall file written notice thereof with the Division of Environmental Quality before entering upon the improvements. (b) The purpose of the notice shall be to advise the division of the proposed reclamation or improvements to be made and to enable the division to make investigations necessary to assure that the owner of the lands does not engage in activities in connection with any reclamation or improvement project that would be in violation of The Arkansas Open-Cut Land Reclamation Act, § 15-57-301 et seq. Amended by Act 2019, No. 910,§ 3071, eff. 7/1/2019. Acts 1983, No. 77, § 2; A.S.A. 1947, § 52-973; Acts 1999, No. 1164, § 138.

(a) Any owner of such lands who wishes to make environmental or aesthetic improvements to reclaim or improve the lands, as authorized in this subchapter, shall file written notice thereof with the Division of Environmental Quality before entering upon the improvements.

(b) The purpose of the notice shall be to advise the division of the proposed reclamation or improvements to be made and to enable the division to make investigations necessary to assure that the owner of the lands does not engage in activities in connection with any reclamation or improvement project that would be in violation of The Arkansas Open-Cut Land Reclamation Act, § 15-57-301 et seq.

Amended by Act 2019, No. 910,§ 3071, eff. 7/1/2019.

Acts 1983, No. 77, § 2; A.S.A. 1947, § 52-973; Acts 1999, No. 1164, § 138.
Ark. Code Ann. § 15-45-101 — AR Code / Title 15 / Chapter 45 / Subchapter 1 / Section 15-45-101
Wildlife habitat conservation on private lands - Licensing agreements
Status: in_force

(a) To encourage wildlife habitat conservation on private lands, the Arkansas State Game and Fish Commission shall enter into licensing agreements for a duration of not less than ten (10) years for approved projects on privately owned lands. (b) The licensing agreements shall detail the landowner's responsibilities. (c) Expenditures by owners of private lands for these wildlife habitat conservation projects approved by the commission and covered by a licensing agreement shall be considered contributions to or for the use of the State of Arkansas. Acts 1985, No. 417, § 8; A.S.A. 1947, § 47-230.

(a) To encourage wildlife habitat conservation on private lands, the Arkansas State Game and Fish Commission shall enter into licensing agreements for a duration of not less than ten (10) years for approved projects on privately owned lands.

(b) The licensing agreements shall detail the landowner's responsibilities.

(c) Expenditures by owners of private lands for these wildlife habitat conservation projects approved by the commission and covered by a licensing agreement shall be considered contributions to or for the use of the State of Arkansas.

Acts 1985, No. 417, § 8; A.S.A. 1947, § 47-230.
Ark. Code Ann. § 15-22-1309 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1309
Bonds - Effective date of lien of pledge
Status: in_force

(a) (1) Any pledge of revenues, moneys, funds, or other property made by the Arkansas Natural Resources Commission shall be valid and binding from the time the pledge is made. (2) The revenues, moneys, funds, or other property so pledged and received by the commission shall immediately be subject to the lien of the pledge without physical delivery of the revenues, moneys, funds, or other property pledged and received by the commission or further act on the part of the commission. (3) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission, irrespective of whether the parties have notice of the lien of the pledge. (b) Neither the authorizing resolution nor any other instrument by which a pledge is created need be filed or recorded except in the records of the commission. Acts 2003, No. 598, § 1.

(a) (1) Any pledge of revenues, moneys, funds, or other property made by the Arkansas Natural Resources Commission shall be valid and binding from the time the pledge is made. (2) The revenues, moneys, funds, or other property so pledged and received by the commission shall immediately be subject to the lien of the pledge without physical delivery of the revenues, moneys, funds, or other property pledged and received by the commission or further act on the part of the commission. (3) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission, irrespective of whether the parties have notice of the lien of the pledge.

(1) Any pledge of revenues, moneys, funds, or other property made by the Arkansas Natural Resources Commission shall be valid and binding from the time the pledge is made.

(2) The revenues, moneys, funds, or other property so pledged and received by the commission shall immediately be subject to the lien of the pledge without physical delivery of the revenues, moneys, funds, or other property pledged and received by the commission or further act on the part of the commission.

(3) The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the commission, irrespective of whether the parties have notice of the lien of the pledge.

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

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-47-101 — AR Code / Title 15 / Chapter 47 / Subchapter 1 / Section 15-47-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Wildlife Recreation Facilities Pilot Program". Acts 2009, No. 687, § 1.

This subchapter shall be known and may be cited as the "Wildlife Recreation Facilities Pilot Program".

Acts 2009, No. 687, § 1.
Ark. Code Ann. § 15-5-1507 — AR Code / Title 15 / Chapter 5 / Subchapter 15 / Section 15-5-1507
Allocation from Treasurer of State
Status: in_force

(a) (1) The Arkansas Development Finance Authority may accept moneys from the Treasurer of State for deposit into the Brownfield Revolving Loan Fund, as provided by law, to be used for the purposes authorized under this subchapter. (2) Federal or state grants transferred directly to the authority for deposit into the fund are declared to be cash funds restricted in their use solely for the purposes under this subchapter. (b) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , federal or state grants received by the Treasurer of State for purposes authorized under this subchapter are declared to be cash funds to be used solely as authorized under this subchapter. (c) (1) Moneys received under this section shall not be considered to be a part of the State Treasury for the purposes of: (A) Arkansas Constitution, Article 5, § 29; (B) Arkansas Constitution, Article 16, § 12; (C) Arkansas Constitution, Amendment 20; or (D) Any other constitutional or statutory provision. (2) The Treasurer of State shall not deposit moneys received under this section into the State Treasury but shall remit the moneys to the authority for deposit into the fund. Acts 2003, No. 1194, § 1.

(a) (1) The Arkansas Development Finance Authority may accept moneys from the Treasurer of State for deposit into the Brownfield Revolving Loan Fund, as provided by law, to be used for the purposes authorized under this subchapter. (2) Federal or state grants transferred directly to the authority for deposit into the fund are declared to be cash funds restricted in their use solely for the purposes under this subchapter.

(1) The Arkansas Development Finance Authority may accept moneys from the Treasurer of State for deposit into the Brownfield Revolving Loan Fund, as provided by law, to be used for the purposes authorized under this subchapter.

(2) Federal or state grants transferred directly to the authority for deposit into the fund are declared to be cash funds restricted in their use solely for the purposes under this subchapter.

(b) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , federal or state grants received by the Treasurer of State for purposes authorized under this subchapter are declared to be cash funds to be used solely as authorized under this subchapter.

(c) (1) Moneys received under this section shall not be considered to be a part of the State Treasury for the purposes of: (A) Arkansas Constitution, Article 5, § 29; (B) Arkansas Constitution, Article 16, § 12; (C) Arkansas Constitution, Amendment 20; or (D) Any other constitutional or statutory provision. (2) The Treasurer of State shall not deposit moneys received under this section into the State Treasury but shall remit the moneys to the authority for deposit into the fund.

(1) Moneys received under this section shall not be considered to be a part of the State Treasury for the purposes of: (A) Arkansas Constitution, Article 5, § 29; (B) Arkansas Constitution, Article 16, § 12; (C) Arkansas Constitution, Amendment 20; or (D) Any other constitutional or statutory provision.

(A) Arkansas Constitution, Article 5, § 29;

(B) Arkansas Constitution, Article 16, § 12;

(C) Arkansas Constitution, Amendment 20; or

(D) Any other constitutional or statutory provision.

(2) The Treasurer of State shall not deposit moneys received under this section into the State Treasury but shall remit the moneys to the authority for deposit into the fund.

Acts 2003, No. 1194, § 1.
Ark. Code Ann. § 15-5-1608 — AR Code / Title 15 / Chapter 5 / Subchapter 16 / Section 15-5-1608
[Repealed]
Status: repealed

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019. Amended by Act 2015EX1, No. 8,§ 105, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 105, eff. 7/1/2015. Amended by Act 2013, No. 1095,§ 11, eff. 4/11/2013. Acts 2007, No. 1025, § 1; 2009, No. 791, § 6.

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

Amended by Act 2015EX1, No. 8,§ 105, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 105, eff. 7/1/2015.

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

Acts 2007, No. 1025, § 1; 2009, No. 791, § 6.
Ark. Code Ann. § 15-11-804 — AR Code / Title 15 / Chapter 11 / Subchapter 8 / Section 15-11-804
Selection for Arkansas Great Places Program
Status: in_force

(a) (1) (A) The Department of Parks, Heritage, and Tourism shall select four (4) eligible organizations for participation in the Arkansas Great Places Program by July 1, 2012. (B) An eligible organization selected for participation in the program under subdivision (a)(1)(A) of this section shall participate in the program for a two-year period. (C) The department shall select an eligible organization under subdivision (a)(1)(A) of this section from each of the four (4) congressional districts. (D) Two (2) of the four (4) eligible organizations selected under subdivision (a)(1)(A) of this section shall be located in counties of twenty thousand (20,000) residents or fewer. (2) (A) After July 1, 2012, the department shall select by July 1 of each even-numbered year no more than four (4) eligible organizations for participation in the program. (B) An eligible organization selected for participation in the program under subdivision (a)(2)(A) of this section shall participate in the program for a two-year period. (b) A member of the department shall recuse from the consideration of an application for participation in the program by an eligible organization located in the county in which the member of the department resides. (c) The department shall work with the Arkansas Economic Development Commission to maximize grants awarded to participants in the program. (d) (1) When considering an application for a grant or other state funds, a state agency shall give additional consideration or additional points in the application of rating or evaluation criteria to an eligible organization that is a participant in the program. (2) Subdivision (d)(1) of this section applies to applications filed within three (3) years of the eligible organization's selection as a participant in the program. Amended by Act 2023, No. 365,§ 38, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 37, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 36, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 35, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5659, eff. 7/1/2019. Acts 2011, No. 896, § 1.

(a) (1) (A) The Department of Parks, Heritage, and Tourism shall select four (4) eligible organizations for participation in the Arkansas Great Places Program by July 1, 2012. (B) An eligible organization selected for participation in the program under subdivision (a)(1)(A) of this section shall participate in the program for a two-year period. (C) The department shall select an eligible organization under subdivision (a)(1)(A) of this section from each of the four (4) congressional districts. (D) Two (2) of the four (4) eligible organizations selected under subdivision (a)(1)(A) of this section shall be located in counties of twenty thousand (20,000) residents or fewer. (2) (A) After July 1, 2012, the department shall select by July 1 of each even-numbered year no more than four (4) eligible organizations for participation in the program. (B) An eligible organization selected for participation in the program under subdivision (a)(2)(A) of this section shall participate in the program for a two-year period.

(1) (A) The Department of Parks, Heritage, and Tourism shall select four (4) eligible organizations for participation in the Arkansas Great Places Program by July 1, 2012. (B) An eligible organization selected for participation in the program under subdivision (a)(1)(A) of this section shall participate in the program for a two-year period. (C) The department shall select an eligible organization under subdivision (a)(1)(A) of this section from each of the four (4) congressional districts. (D) Two (2) of the four (4) eligible organizations selected under subdivision (a)(1)(A) of this section shall be located in counties of twenty thousand (20,000) residents or fewer.

(A) The Department of Parks, Heritage, and Tourism shall select four (4) eligible organizations for participation in the Arkansas Great Places Program by July 1, 2012.

(B) An eligible organization selected for participation in the program under subdivision (a)(1)(A) of this section shall participate in the program for a two-year period.

(C) The department shall select an eligible organization under subdivision (a)(1)(A) of this section from each of the four (4) congressional districts.

(D) Two (2) of the four (4) eligible organizations selected under subdivision (a)(1)(A) of this section shall be located in counties of twenty thousand (20,000) residents or fewer.

(2) (A) After July 1, 2012, the department shall select by July 1 of each even-numbered year no more than four (4) eligible organizations for participation in the program. (B) An eligible organization selected for participation in the program under subdivision (a)(2)(A) of this section shall participate in the program for a two-year period.

(A) After July 1, 2012, the department shall select by July 1 of each even-numbered year no more than four (4) eligible organizations for participation in the program.

(B) An eligible organization selected for participation in the program under subdivision (a)(2)(A) of this section shall participate in the program for a two-year period.

(b) A member of the department shall recuse from the consideration of an application for participation in the program by an eligible organization located in the county in which the member of the department resides.

(c) The department shall work with the Arkansas Economic Development Commission to maximize grants awarded to participants in the program.

(d) (1) When considering an application for a grant or other state funds, a state agency shall give additional consideration or additional points in the application of rating or evaluation criteria to an eligible organization that is a participant in the program. (2) Subdivision (d)(1) of this section applies to applications filed within three (3) years of the eligible organization's selection as a participant in the program.

(1) When considering an application for a grant or other state funds, a state agency shall give additional consideration or additional points in the application of rating or evaluation criteria to an eligible organization that is a participant in the program.

(2) Subdivision (d)(1) of this section applies to applications filed within three (3) years of the eligible organization's selection as a participant in the program.

Amended by Act 2023, No. 365,§ 38, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 37, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 36, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 35, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5659, eff. 7/1/2019.

Acts 2011, No. 896, § 1.
Ark. Code Ann. § 15-55-405 — AR Code / Title 15 / Chapter 55 / Subchapter 4 / Section 15-55-405
Reporting
Status: in_force

Representatives from Southern Arkansas University, the Office of the State Geologist, and the Arkansas Economic Development Commission shall report the status of the Arkansas Lignite Resources Pilot Program periodically to the Legislative Council and the Joint Committee on Energy. Amended by Act 2023, No. 697,§ 10, eff. 7/1/2023. Acts 2007, No. 641, § 1.

Representatives from Southern Arkansas University, the Office of the State Geologist, and the Arkansas Economic Development Commission shall report the status of the Arkansas Lignite Resources Pilot Program periodically to the Legislative Council and the Joint Committee on Energy.

Amended by Act 2023, No. 697,§ 10, eff. 7/1/2023.

Acts 2007, No. 641, § 1.
Ark. Code Ann. § 15-4-1811 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1811
Pledge of state revenues prohibited
Status: in_force

(a) Nothing in this subchapter shall be construed as authorizing the pledging of the faith and credit of the state or any of its revenues, either for the performance of the obligations of the state under the agreements authorized by this subchapter or for the payment of bonds issued pursuant to such agreements. (b) All payments to state agencies and political subdivisions under this subchapter are made subject to specific appropriations for such purpose and nothing in this subchapter or in any agreement entered into pursuant to this subchapter shall be construed to require the General Assembly to make any appropriation pursuant to this subchapter or such agreement or to prohibit the General Assembly from amending or repealing this subchapter at any time. Acts 1993, No. 1165, § 14.

(a) Nothing in this subchapter shall be construed as authorizing the pledging of the faith and credit of the state or any of its revenues, either for the performance of the obligations of the state under the agreements authorized by this subchapter or for the payment of bonds issued pursuant to such agreements.

(b) All payments to state agencies and political subdivisions under this subchapter are made subject to specific appropriations for such purpose and nothing in this subchapter or in any agreement entered into pursuant to this subchapter shall be construed to require the General Assembly to make any appropriation pursuant to this subchapter or such agreement or to prohibit the General Assembly from amending or repealing this subchapter at any time.

Acts 1993, No. 1165, § 14.
Ark. Code Ann. § 15-4-3106 — AR Code / Title 15 / Chapter 4 / Subchapter 31 / Section 15-4-3106
[Repealed]
Status: repealed

Repealed by Act 2017, No. 208,§ 1, eff. 8/1/2017. Acts 2005, No. 1277, § 1; 2009, No. 795, § 4.

Repealed by Act 2017, No. 208,§ 1, eff. 8/1/2017.

Acts 2005, No. 1277, § 1; 2009, No. 795, § 4.
Ark. Code Ann. § 15-11-201 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-201
Purpose - Creation
Status: in_force

For the purpose of aiding in the establishment of new industrial enterprises and the expansion of the tourist industry, and additionally, for furnishing authentic and favorable information about this state and its people through publicizing the State of Arkansas with respect to its natural resources, its agricultural and industrial possibilities, its historic background and cultural attainments, its educational, religious, and recreational facilities, its climate, its water resources, and transportation facilities, and, for the purpose of promoting the health and pleasure of the people of this and other states through the management, improvement, and extension of the state park system, there is created and established at the seat of government of this state a State Parks, Recreation, and Travel Commission, hereinafter referred to as the "commission". Acts 1955, No. 330, § 1; 1969, No. 85, § 1; 1971, No. 86, § 1; 1975, No. 132, § 1; 1975, No. 272, § 3; 1975, No. 478, § 3; A.S.A. 1947, § 9-202.

For the purpose of aiding in the establishment of new industrial enterprises and the expansion of the tourist industry, and additionally, for furnishing authentic and favorable information about this state and its people through publicizing the State of Arkansas with respect to its natural resources, its agricultural and industrial possibilities, its historic background and cultural attainments, its educational, religious, and recreational facilities, its climate, its water resources, and transportation facilities, and, for the purpose of promoting the health and pleasure of the people of this and other states through the management, improvement, and extension of the state park system, there is created and established at the seat of government of this state a State Parks, Recreation, and Travel Commission, hereinafter referred to as the "commission".

Acts 1955, No. 330, § 1; 1969, No. 85, § 1; 1971, No. 86, § 1; 1975, No. 132, § 1; 1975, No. 272, § 3; 1975, No. 478, § 3; A.S.A. 1947, § 9-202.
Ark. Code Ann. § 15-55-210 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-210
Reports of investigations
Status: in_force

(a) It shall be the duty of the Office of the State Geologist to make reports as necessary to complete an understanding of the results obtained from investigations undertaken. (b) The reports shall be accompanied by maps, sections, and other illustrations as necessary to a complete understanding. (c) [Repealed.] (d) [Repealed.] Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1907, No. 417, § 3, p. 1103; 1909, No. 348, § 3, p. 1020; C. & M. Dig., § 4974; Pope's Dig., § 12223; A.S.A. 1947, § 9-403.

(a) It shall be the duty of the Office of the State Geologist to make reports as necessary to complete an understanding of the results obtained from investigations undertaken.

(b) The reports shall be accompanied by maps, sections, and other illustrations as necessary to a complete understanding.

(c) [Repealed.]

(d) [Repealed.]

Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023.

Acts 1907, No. 417, § 3, p. 1103; 1909, No. 348, § 3, p. 1020; C. & M. Dig., § 4974; Pope's Dig., § 12223; A.S.A. 1947, § 9-403.
Ark. Code Ann. § 15-3-111 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-111
Additional powers
Status: in_force

The Director of the Arkansas Economic Development Commission shall have such additional powers and duties as may be hereafter delegated to or imposed upon him or her from time to time by the General Assembly. Amended by Act 2019, No. 910,§ 342, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 5; A.S.A. 1947, § 6-1605.

The Director of the Arkansas Economic Development Commission shall have such additional powers and duties as may be hereafter delegated to or imposed upon him or her from time to time by the General Assembly.

Amended by Act 2019, No. 910,§ 342, eff. 7/1/2019.

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

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

Acts 1983, No. 859, § 5; A.S.A. 1947, § 6-1605.
Ark. Code Ann. § 15-20-1111 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1111
Implementation
Status: in_force

(a) (1) The Arkansas Natural Resources Commission may develop all rules necessary to implement this subchapter. (2) Rules shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) The commission may delegate portions of the program for implementation to the Department of Agriculture or conservation districts, or both. (c) (1) The commission may defer the requirements of §§ 15-20-1106 - 15-20-1108 for up to two (2) years after declaration as a nutrient surplus area to allow the development of nutrient management plans and poultry litter management plans and implementation of alternative use plans in order that persons affected may come into compliance with this subchapter. (2) The commission may further defer the requirements of §§ 15-20-1106 - 15-20-1108 if it determines that there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used. (d) A nutrient management plan or a poultry litter management plan developed and approved under this subchapter is not a public record, shall not be made available for public inspection, and is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2023, No. 530,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1123, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 73, eff. 7/1/2019. Acts 2003, No. 1061, § 1.

(a) (1) The Arkansas Natural Resources Commission may develop all rules necessary to implement this subchapter. (2) Rules shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Arkansas Natural Resources Commission may develop all rules necessary to implement this subchapter.

(2) Rules shall be adopted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) The commission may delegate portions of the program for implementation to the Department of Agriculture or conservation districts, or both.

(c) (1) The commission may defer the requirements of §§ 15-20-1106 - 15-20-1108 for up to two (2) years after declaration as a nutrient surplus area to allow the development of nutrient management plans and poultry litter management plans and implementation of alternative use plans in order that persons affected may come into compliance with this subchapter. (2) The commission may further defer the requirements of §§ 15-20-1106 - 15-20-1108 if it determines that there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used.

(1) The commission may defer the requirements of §§ 15-20-1106 - 15-20-1108 for up to two (2) years after declaration as a nutrient surplus area to allow the development of nutrient management plans and poultry litter management plans and implementation of alternative use plans in order that persons affected may come into compliance with this subchapter.

(2) The commission may further defer the requirements of §§ 15-20-1106 - 15-20-1108 if it determines that there is no alternative use for litter or there are no readily available, affordable alternative nutrient supplies for which litter has been used.

(d) A nutrient management plan or a poultry litter management plan developed and approved under this subchapter is not a public record, shall not be made available for public inspection, and is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

Amended by Act 2023, No. 530,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1123, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 73, eff. 7/1/2019.

Acts 2003, No. 1061, § 1.
Ark. Code Ann. § 15-22-613 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-613
Bonds - Sale after notice
Status: in_force

(a) Bonds at any time sold under the provisions of this subchapter shall be on the basis of public sale on sealed bids, after notice published by the Chair of the Arkansas Natural Resources Commission for at least one (1) insertion not less than twenty (20) days before the date of sale in a newspaper published in the City of Little Rock and in a financial newspaper or journal published in the Borough of Manhattan, City and State of New York. (b) The Arkansas Natural Resources Commission shall award the sale, if any, to the bidder offering to purchase the bonds at a price which results in the lowest net interest cost to the State of Arkansas as determined by computing the total interest cost from date to maturity and deducting therefrom any premium bid and adding thereto the amount of any discount bid. (c) The commission shall reserve the right to reject all bids. (d) The notice shall contain any other terms and provisions as the commission determines to be desirable. (e) If the commission determines that such action is desirable, the commission may employ fiscal agents and legal counsel and may pay them reasonable compensation out of the proceeds of the bonds. Acts 1981, No. 496, § 8; A.S.A. 1947, § 21-2308.

(a) Bonds at any time sold under the provisions of this subchapter shall be on the basis of public sale on sealed bids, after notice published by the Chair of the Arkansas Natural Resources Commission for at least one (1) insertion not less than twenty (20) days before the date of sale in a newspaper published in the City of Little Rock and in a financial newspaper or journal published in the Borough of Manhattan, City and State of New York.

(b) The Arkansas Natural Resources Commission shall award the sale, if any, to the bidder offering to purchase the bonds at a price which results in the lowest net interest cost to the State of Arkansas as determined by computing the total interest cost from date to maturity and deducting therefrom any premium bid and adding thereto the amount of any discount bid.

(c) The commission shall reserve the right to reject all bids.

(d) The notice shall contain any other terms and provisions as the commission determines to be desirable.

(e) If the commission determines that such action is desirable, the commission may employ fiscal agents and legal counsel and may pay them reasonable compensation out of the proceeds of the bonds.

Acts 1981, No. 496, § 8; A.S.A. 1947, § 21-2308.
Ark. Code Ann. § 15-4-1023 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1023
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 23; A.S.A. 1947, § 67-1649; Acts 2003, No. 860, § 8.

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017.

Acts 1985, No. 410, § 23; A.S.A. 1947, § 67-1649; Acts 2003, No. 860, § 8.
Ark. Code Ann. § 15-22-207 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-207
Administration of oath to witnesses
Status: in_force

Any member of the Arkansas Natural Resources Commission, or the commission's designee, may administer an oath to any witness in any hearing, investigation, or proceeding under the provisions of this subchapter. Amended by Act 2019, No. 910,§ 76, eff. 7/1/2019. Acts 1957, No. 81, § 3; 1963, No. 14, § 18; A.S.A. 1947, § 21-1303.

Any member of the Arkansas Natural Resources Commission, or the commission's designee, may administer an oath to any witness in any hearing, investigation, or proceeding under the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 76, eff. 7/1/2019.

Acts 1957, No. 81, § 3; 1963, No. 14, § 18; A.S.A. 1947, § 21-1303.
Ark. Code Ann. § 15-13-202 — AR Code / Title 15 / Chapter 13 / Subchapter 2 / Section 15-13-202
Biofuel standard for state vehicles and state equipment
Status: in_force

Beginning on January 1, 2009, all diesel-powered motor vehicles, light trucks, and equipment owned or leased by a state agency shall be operated using diesel fuel that contains a minimum of two percent (2%) biofuel by volume. Acts 2007, No. 699, § 1.

Beginning on January 1, 2009, all diesel-powered motor vehicles, light trucks, and equipment owned or leased by a state agency shall be operated using diesel fuel that contains a minimum of two percent (2%) biofuel by volume.

Acts 2007, No. 699, § 1.
Ark. Code Ann. § 15-72-602 — AR Code / Title 15 / Chapter 72 / Subchapter 6 / Section 15-72-602
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Oil and Gas Commission; (2) "Gas" means natural gas either while in its original state or after the natural gas has been processed by removal from the natural gas of component parts not essential to its use for light and fuel, or carbon oxides, ammonia, hydrogen, nitrogen, or noble gas; (3) "Gas storage facility" means any person, firm, or corporation authorized to do business in this state and engaged in the business of capturing, producing, or storing gas; (4) "Native gas" means gas which has not been previously withdrawn from the earth; (5) "Natural gas public utility" means any person, firm, or corporation authorized to do business in this state and engaged in the business of producing, transporting, or distributing natural gas by means of pipelines into, within, or through this state for ultimate public consumption; and (6) "Underground storage" means storage in a subsurface stratum or formation of the earth. Amended by Act 2023, No. 140,§ 1, eff. 8/1/2023. Acts 1957, No. 82, § 2; A.S.A. 1947, § 53-902.

As used in this subchapter, unless the context otherwise requires:

(1) "Commission" means the Oil and Gas Commission;

(2) "Gas" means natural gas either while in its original state or after the natural gas has been processed by removal from the natural gas of component parts not essential to its use for light and fuel, or carbon oxides, ammonia, hydrogen, nitrogen, or noble gas;

(3) "Gas storage facility" means any person, firm, or corporation authorized to do business in this state and engaged in the business of capturing, producing, or storing gas;

(4) "Native gas" means gas which has not been previously withdrawn from the earth;

(5) "Natural gas public utility" means any person, firm, or corporation authorized to do business in this state and engaged in the business of producing, transporting, or distributing natural gas by means of pipelines into, within, or through this state for ultimate public consumption; and

(6) "Underground storage" means storage in a subsurface stratum or formation of the earth.

Amended by Act 2023, No. 140,§ 1, eff. 8/1/2023.

Acts 1957, No. 82, § 2; A.S.A. 1947, § 53-902.
Ark. Code Ann. § 15-22-1207 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1207
Court order - Notice and hearing
Status: in_force

(a) Within thirty (30) days after the report of the Arkansas Natural Resources Commission has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court, either in term or vacation, and the circuit court shall enter its order: (1) Setting a hearing upon the petition for a day certain; and (2) Directing the clerk of the circuit court to give notice of the hearing by publication for two (2) consecutive weeks in a newspaper or newspapers having a general circulation in the county. (b) The notice shall contain: (1) A concise statement describing the purpose of the hearing; (2) A concise statement of the findings and conclusions of the commission; and (3) A warning to all persons residing or owning property within the county to appear upon the date and at the time and place of the hearing to show cause, if any exists, why the petition should not be granted. (c) Upon the date and at the time and place named in the notice, the circuit court shall meet and hear all persons who wish to appear and advocate or resist the establishment of the Sparta Aquifer critical groundwater county conservation board. (d) If the circuit court, after being satisfied as to the sufficiency of the petition and the proceedings thereon, finds it to be in the best interests of the persons residing or owning land within the county that the board should be established under the terms of this subchapter, the circuit court shall enter its order establishing the board, subject to the terms and provisions of this subchapter, and designating a name for the board. Acts 1999, No. 1050, § 7.

(a) Within thirty (30) days after the report of the Arkansas Natural Resources Commission has been filed in the office of the circuit clerk, the petition shall be presented to the judge of the circuit court, either in term or vacation, and the circuit court shall enter its order: (1) Setting a hearing upon the petition for a day certain; and (2) Directing the clerk of the circuit court to give notice of the hearing by publication for two (2) consecutive weeks in a newspaper or newspapers having a general circulation in the county.

(1) Setting a hearing upon the petition for a day certain; and

(2) Directing the clerk of the circuit court to give notice of the hearing by publication for two (2) consecutive weeks in a newspaper or newspapers having a general circulation in the county.

(b) The notice shall contain: (1) A concise statement describing the purpose of the hearing; (2) A concise statement of the findings and conclusions of the commission; and (3) A warning to all persons residing or owning property within the county to appear upon the date and at the time and place of the hearing to show cause, if any exists, why the petition should not be granted.

(1) A concise statement describing the purpose of the hearing;

(2) A concise statement of the findings and conclusions of the commission; and

(3) A warning to all persons residing or owning property within the county to appear upon the date and at the time and place of the hearing to show cause, if any exists, why the petition should not be granted.

(c) Upon the date and at the time and place named in the notice, the circuit court shall meet and hear all persons who wish to appear and advocate or resist the establishment of the Sparta Aquifer critical groundwater county conservation board.

(d) If the circuit court, after being satisfied as to the sufficiency of the petition and the proceedings thereon, finds it to be in the best interests of the persons residing or owning land within the county that the board should be established under the terms of this subchapter, the circuit court shall enter its order establishing the board, subject to the terms and provisions of this subchapter, and designating a name for the board.

Acts 1999, No. 1050, § 7.
Ark. Code Ann. § 15-20-1102 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1102
Legislative intent
Status: in_force

The General Assembly finds that: (1) In certain areas of Arkansas, applications of soil nutrients may have resulted or in the future may result in excessive soil nutrient concentration; (2) These applications are not the most effective use of nutrients and if continued could negatively impact the area; (3) Land application of poultry litter is a significant source of nutrients in these areas; and (4) Therefore, in certain areas, it is necessary to limit the application of nutrients and to regulate the utilization of poultry litter to protect the area while maintaining soil fertility. Acts 2003, No. 1061, § 1.

The General Assembly finds that:

(1) In certain areas of Arkansas, applications of soil nutrients may have resulted or in the future may result in excessive soil nutrient concentration;

(2) These applications are not the most effective use of nutrients and if continued could negatively impact the area;

(3) Land application of poultry litter is a significant source of nutrients in these areas; and

(4) Therefore, in certain areas, it is necessary to limit the application of nutrients and to regulate the utilization of poultry litter to protect the area while maintaining soil fertility.

Acts 2003, No. 1061, § 1.
Ark. Code Ann. § 15-5-1412 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1412
Eligibility for financial assistance - Limitation
Status: in_force

(a) For a technology-based enterprise or venture capital fund to be eligible for financial assistance under this subchapter, the technology-based enterprise or venture capital fund shall: (1) Demonstrate that at least one dollar ($1.00) of financial assistance provided by the Arkansas Venture Capital Development Fund will result in at least one dollar ($1.00) of new private financial assistance; (2) Demonstrate a reasonable expectation that financial assistance from the Arkansas Venture Capital Development Fund can, over time, result in private financial assistance that is at least ten (10) times the amount of financial assistance provided by the Arkansas Venture Capital Development Fund; and (3) Have no more than five hundred (500) employees. (b) Funds from the Arkansas Venture Capital Development Fund shall not be used to provide financial assistance that exceeds five million dollars ($5,000,000) to any single technology-based enterprise or venture capital fund. Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.

(a) For a technology-based enterprise or venture capital fund to be eligible for financial assistance under this subchapter, the technology-based enterprise or venture capital fund shall: (1) Demonstrate that at least one dollar ($1.00) of financial assistance provided by the Arkansas Venture Capital Development Fund will result in at least one dollar ($1.00) of new private financial assistance; (2) Demonstrate a reasonable expectation that financial assistance from the Arkansas Venture Capital Development Fund can, over time, result in private financial assistance that is at least ten (10) times the amount of financial assistance provided by the Arkansas Venture Capital Development Fund; and (3) Have no more than five hundred (500) employees.

(1) Demonstrate that at least one dollar ($1.00) of financial assistance provided by the Arkansas Venture Capital Development Fund will result in at least one dollar ($1.00) of new private financial assistance;

(2) Demonstrate a reasonable expectation that financial assistance from the Arkansas Venture Capital Development Fund can, over time, result in private financial assistance that is at least ten (10) times the amount of financial assistance provided by the Arkansas Venture Capital Development Fund; and

(3) Have no more than five hundred (500) employees.

(b) Funds from the Arkansas Venture Capital Development Fund shall not be used to provide financial assistance that exceeds five million dollars ($5,000,000) to any single technology-based enterprise or venture capital fund.

Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.
Ark. Code Ann. § 15-22-1009 — AR Code / Title 15 / Chapter 22 / Subchapter 10 / Section 15-22-1009
Consultation and cooperation with other agencies and interested parties - State agencies to use mitigation bank
Status: in_force

(a) The provisions of this subchapter shall be carried out by the Arkansas Natural Resources Commission. (b) All public agencies requiring permit action mitigation, when practicable, shall use mitigation banks created under this subchapter. Amended by Act 2021, No. 501,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 82, eff. 7/1/2019. Acts 1995, No. 562, § 9; 2007, No. 476, § 8.

(a) The provisions of this subchapter shall be carried out by the Arkansas Natural Resources Commission.

(b) All public agencies requiring permit action mitigation, when practicable, shall use mitigation banks created under this subchapter.

Amended by Act 2021, No. 501,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 82, eff. 7/1/2019.

Acts 1995, No. 562, § 9; 2007, No. 476, § 8.
Ark. Code Ann. § 15-20-1319 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1319
Effect of election
Status: in_force

(a) If a majority of the qualified electors voting on the question vote for the issuance of the bonds, the Arkansas Natural Resources Commission shall proceed with the sale and the issuance of the bonds as provided in this subchapter. (b) If a majority of the qualified electors voting on the question vote against the issuance of the bonds, the bonds authorized by this subchapter shall not be sold or issued, and this subchapter shall be of no further effect. Acts 2007, No. 631, § 1.

(a) If a majority of the qualified electors voting on the question vote for the issuance of the bonds, the Arkansas Natural Resources Commission shall proceed with the sale and the issuance of the bonds as provided in this subchapter.

(b) If a majority of the qualified electors voting on the question vote against the issuance of the bonds, the bonds authorized by this subchapter shall not be sold or issued, and this subchapter shall be of no further effect.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-11-501 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-501
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "Arkansas Tourism Development Act". Acts 1997, No. 291, § 1.

This subchapter shall be referred to and may be cited as the "Arkansas Tourism Development Act".

Acts 1997, No. 291, § 1.
Ark. Code Ann. § 15-4-2502 — AR Code / Title 15 / Chapter 4 / Subchapter 25 / Section 15-4-2502
Fifty-percent loan subsidy program
Status: in_force

(a) The Arkansas Economic Development Commission shall institute a program to make participation loans that are originated by approved community lenders for small businesses in this state. (b) The commission's participating share of any qualified loan shall not exceed fifty percent (50%) of the total loan amount, and the commission's share shall be in an amount not less than two thousand five hundred dollars ($2,500) and not more than forty thousand dollars ($40,000). (c) The commission shall share on a pari passu basis with the originating community lender all collateral, guarantees, repayments, and recoveries on loans made in this program. (d) The commission shall give preference to high-unemployment counties. Acts 2001, No. 913, § 3.

(a) The Arkansas Economic Development Commission shall institute a program to make participation loans that are originated by approved community lenders for small businesses in this state.

(b) The commission's participating share of any qualified loan shall not exceed fifty percent (50%) of the total loan amount, and the commission's share shall be in an amount not less than two thousand five hundred dollars ($2,500) and not more than forty thousand dollars ($40,000).

(c) The commission shall share on a pari passu basis with the originating community lender all collateral, guarantees, repayments, and recoveries on loans made in this program.

(d) The commission shall give preference to high-unemployment counties.

Acts 2001, No. 913, § 3.
Ark. Code Ann. § 15-75-301 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-301
Definitions
Status: in_force

As used in this subchapter: (1) "Certificate of competency" means approval by the Liquefied Petroleum Gas Board of the employees to be placed in charge of operations, service, installation, and transportation by permit holders; and (2) [Repealed.] (3) "Permits" means the written authorization granted by the Director of the Liquefied Petroleum Gas Board with the board's approval to persons to engage in the liquefied petroleum gas business. Amended by Act 2019, No. 910,§ 3182, eff. 7/1/2019. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1999, No. 1577, § 4.

As used in this subchapter:

(1) "Certificate of competency" means approval by the Liquefied Petroleum Gas Board of the employees to be placed in charge of operations, service, installation, and transportation by permit holders; and

(2) [Repealed.]

(3) "Permits" means the written authorization granted by the Director of the Liquefied Petroleum Gas Board with the board's approval to persons to engage in the liquefied petroleum gas business.

Amended by Act 2019, No. 910,§ 3182, eff. 7/1/2019.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1999, No. 1577, § 4.
Ark. Code Ann. § 15-4-1701 — AR Code / Title 15 / Chapter 4 / Subchapter 17 / Section 15-4-1701
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Enterprise Zone Act of 1993". Acts 1993, No. 947, § 1; 1999, No. 1130, § 1.

This subchapter may be referred to and cited as the "Arkansas Enterprise Zone Act of 1993".

Acts 1993, No. 947, § 1; 1999, No. 1130, § 1.
Ark. Code Ann. § 15-4-3802 — AR Code / Title 15 / Chapter 4 / Subchapter 38 / Section 15-4-3802
Legislative intent
Status: in_force

The General Assembly intends for this subchapter to: (1) Create, strengthen, and expand local farm and food economies throughout the state; (2) Support and encourage the procurement of local farm or food products as a significant portion of all food products purchased by the state; and (3) Secure data on the procurement of local farm or food products prepared and consumed within agencies. Amended by Act 2019, No. 796,§ 1, eff. 7/24/2019. Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.

The General Assembly intends for this subchapter to:

(1) Create, strengthen, and expand local farm and food economies throughout the state;

(2) Support and encourage the procurement of local farm or food products as a significant portion of all food products purchased by the state; and

(3) Secure data on the procurement of local farm or food products prepared and consumed within agencies.

Amended by Act 2019, No. 796,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 15-57-301 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-301
Title
Status: in_force

This subchapter shall be known and cited as "The Arkansas Open-Cut Land Reclamation Act". Acts 1991, No. 827, § 1.

This subchapter shall be known and cited as "The Arkansas Open-Cut Land Reclamation Act".

Acts 1991, No. 827, § 1.
Ark. Code Ann. § 15-23-312 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-312
Approval of management plan
Status: in_force

(a) Notwithstanding any other provisions of this subchapter, no management plan or part thereof for a river or portion of a river included in or designated for inclusion in the Arkansas Natural and Scenic Rivers System shall be implemented or submitted to the General Assembly for its approval unless and until the proposed management plan has been submitted to and approved by the quorum court of the county in which the river or portion thereof is located. (b) However, if the quorum court fails to take action to either approve or reject any such management plan or portion thereof within three (3) months from the date the plan is submitted to the quorum court, the plan or the portions thereof not acted upon by the quorum court shall be deemed to have been approved. Acts 1979, No. 257, § 14; A.S.A. 1947, § 9-1214.

(a) Notwithstanding any other provisions of this subchapter, no management plan or part thereof for a river or portion of a river included in or designated for inclusion in the Arkansas Natural and Scenic Rivers System shall be implemented or submitted to the General Assembly for its approval unless and until the proposed management plan has been submitted to and approved by the quorum court of the county in which the river or portion thereof is located.

(b) However, if the quorum court fails to take action to either approve or reject any such management plan or portion thereof within three (3) months from the date the plan is submitted to the quorum court, the plan or the portions thereof not acted upon by the quorum court shall be deemed to have been approved.

Acts 1979, No. 257, § 14; A.S.A. 1947, § 9-1214.
Ark. Code Ann. § 15-5-414 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-414
Authority to use money committed to other projects
Status: in_force

(a) If the Arkansas Development Finance Authority shall at any time determine that the moneys in the Bond Guaranty Reserve Account are not or will not be sufficient to meet the obligations of the Bond Guaranty Reserve Account, the authority is authorized to use the necessary amount of any available moneys that it may have which are not needed then or in the foreseeable future for or committed to, other authorized functions and purposes of the authority, and any such moneys so used may be reimbursed out of the Bond Guaranty Reserve Account if and when there are moneys therein available for the purposes. (b) (1) In addition to the procedure described in subsection (a) of this section, the authority, at its discretion by a majority vote of the Board of Directors of the Arkansas Development Finance Authority, may establish a Supplemental Guaranty Reserve Account by depositing into a separate account moneys from unpledged reserves of the authority, which may include grants from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities. (2) However, upon determination that the Bond Guaranty Reserve Account is sufficient to honor all foreseeable obligations of the guaranty program, the authority may use the funds in the Supplemental Guaranty Reserve Account for other purposes approved by a majority vote of the board. Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934; Acts 1993, No. 185, § 2; 2007, No. 827, § 134.

(a) If the Arkansas Development Finance Authority shall at any time determine that the moneys in the Bond Guaranty Reserve Account are not or will not be sufficient to meet the obligations of the Bond Guaranty Reserve Account, the authority is authorized to use the necessary amount of any available moneys that it may have which are not needed then or in the foreseeable future for or committed to, other authorized functions and purposes of the authority, and any such moneys so used may be reimbursed out of the Bond Guaranty Reserve Account if and when there are moneys therein available for the purposes.

(b) (1) In addition to the procedure described in subsection (a) of this section, the authority, at its discretion by a majority vote of the Board of Directors of the Arkansas Development Finance Authority, may establish a Supplemental Guaranty Reserve Account by depositing into a separate account moneys from unpledged reserves of the authority, which may include grants from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities. (2) However, upon determination that the Bond Guaranty Reserve Account is sufficient to honor all foreseeable obligations of the guaranty program, the authority may use the funds in the Supplemental Guaranty Reserve Account for other purposes approved by a majority vote of the board.

(1) In addition to the procedure described in subsection (a) of this section, the authority, at its discretion by a majority vote of the Board of Directors of the Arkansas Development Finance Authority, may establish a Supplemental Guaranty Reserve Account by depositing into a separate account moneys from unpledged reserves of the authority, which may include grants from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities.

(2) However, upon determination that the Bond Guaranty Reserve Account is sufficient to honor all foreseeable obligations of the guaranty program, the authority may use the funds in the Supplemental Guaranty Reserve Account for other purposes approved by a majority vote of the board.

Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934; Acts 1993, No. 185, § 2; 2007, No. 827, § 134.