Ark. Code Ann. § 15-5-210 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-210
Annual report
Status: in_force

(a) On or before January 31 of each year, the Arkansas Development Finance Authority shall make an annual report of its activities for the preceding fiscal year to the Secretary of the Department of Commerce and to the General Assembly. (b) The report shall contain an audit of the preceding fiscal year prepared by an independent certified public accountant acceptable to the bond rating agency used by the authority. Amended by Act 2019, No. 910,§ 439, eff. 7/1/2019. Acts 1985, No. 1062, § 18.00; A.S.A. 1947, § 13-2918; Acts 1995, No. 783, § 1; 2003, No. 1037, § 1.

(a) On or before January 31 of each year, the Arkansas Development Finance Authority shall make an annual report of its activities for the preceding fiscal year to the Secretary of the Department of Commerce and to the General Assembly.

(b) The report shall contain an audit of the preceding fiscal year prepared by an independent certified public accountant acceptable to the bond rating agency used by the authority.

Amended by Act 2019, No. 910,§ 439, eff. 7/1/2019.

Acts 1985, No. 1062, § 18.00; A.S.A. 1947, § 13-2918; Acts 1995, No. 783, § 1; 2003, No. 1037, § 1.
Ark. Code Ann. § 15-58-206 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-206
Prohibition on enforcement personnel having financial interest
Status: in_force

(a) No person performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment of not more than one (1) year, or by both. (b) The Arkansas Pollution Control and Ecology Commission shall publish rules to establish methods by which the provisions of this section will be monitored and enforced, including appropriate provisions for the persons to file for the Director of the Division of Environmental Quality's review, statements, and supplements thereto concerning any financial interest which may be affected by this section. (c) Any member of the commission who has a direct or indirect financial interest in an underground or surface coal mining operation may continue to serve on the commission but shall abstain from participating in any matter that relates to underground or surface coal mining operations. Amended by Act 2019, No. 315,§ 1186, eff. 7/24/2019. Acts 1979, No. 134, § 17; A.S.A. 1947, § 52-951.

(a) No person performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment of not more than one (1) year, or by both.

(b) The Arkansas Pollution Control and Ecology Commission shall publish rules to establish methods by which the provisions of this section will be monitored and enforced, including appropriate provisions for the persons to file for the Director of the Division of Environmental Quality's review, statements, and supplements thereto concerning any financial interest which may be affected by this section.

(c) Any member of the commission who has a direct or indirect financial interest in an underground or surface coal mining operation may continue to serve on the commission but shall abstain from participating in any matter that relates to underground or surface coal mining operations.

Amended by Act 2019, No. 315,§ 1186, eff. 7/24/2019.

Acts 1979, No. 134, § 17; A.S.A. 1947, § 52-951.
Ark. Code Ann. § 15-5-402 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-402
Legislative findings and declaration of public necessity
Status: in_force

(a) The General Assembly finds: (1) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. This instability has caused serious economic distress among the citizens of our state and is manifest in the increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises, in the rapidly rising costs of housing for elderly persons and families of low and moderate income, and in the growing unavailability of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption. The continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; and (2) That the economic well-being of the citizens of the State of Arkansas will be enhanced by the providing of economical healthcare facilities for the benefit of its citizens, the providing of educational facilities of every nature and kind, and by the providing of water and sewer facilities to provide a source of decent water services and sewer services for its citizens. (b) For these reasons, the General Assembly finds that there exists in the state an immediate and urgent need to provide the means and methods for providing financing and enhancing and supporting the credit of such financing to: (1) Restore and revitalize existing agricultural business and industrial enterprises for the purpose of retaining existing employment within the state; (2) Promote and develop the expansion of existing and the establishment of new agricultural business and industrial enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment; (3) Promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; (4) Eliminate the shortage of decent, safe, sanitary, and affordable residential housing for elderly persons and families of low and moderate income in the state; (5) Assure the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption; (6) Provide healthcare facilities for the citizens and inhabitants of the state; (7) Provide public improvements facilities for the benefit of the citizens and inhabitants of the state; and (8) Provide educational facilities for educational institutions within the state. (c) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of agricultural business and industrial enterprises, the elimination of the need for decent, safe, sanitary, and affordable housing for elderly persons and persons of low and moderate income, for the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption, for healthcare facilities, for water works and sewer facilities, and for educational facilities for the benefit of educational institutions within the state. (d) The General Assembly finds that the public policies and responsibilities of the state as set forth in this section cannot be fully attained without the use of public financing and that the public financing can best be provided by the creation of a means of enhancing and supporting the credit of the public financing by establishing a bond guaranty procedure to be administered by the Arkansas Development Finance Authority. Acts 1985, No. 340, § 2; 1985, No. 505, § 2; A.S.A. 1947, § 13-2925.

(a) The General Assembly finds: (1) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. This instability has caused serious economic distress among the citizens of our state and is manifest in the increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises, in the rapidly rising costs of housing for elderly persons and families of low and moderate income, and in the growing unavailability of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption. The continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; and (2) That the economic well-being of the citizens of the State of Arkansas will be enhanced by the providing of economical healthcare facilities for the benefit of its citizens, the providing of educational facilities of every nature and kind, and by the providing of water and sewer facilities to provide a source of decent water services and sewer services for its citizens.

(1) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. This instability has caused serious economic distress among the citizens of our state and is manifest in the increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment in agricultural business and industrial enterprises, in the rapidly rising costs of housing for elderly persons and families of low and moderate income, and in the growing unavailability of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption. The continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; and

(2) That the economic well-being of the citizens of the State of Arkansas will be enhanced by the providing of economical healthcare facilities for the benefit of its citizens, the providing of educational facilities of every nature and kind, and by the providing of water and sewer facilities to provide a source of decent water services and sewer services for its citizens.

(b) For these reasons, the General Assembly finds that there exists in the state an immediate and urgent need to provide the means and methods for providing financing and enhancing and supporting the credit of such financing to: (1) Restore and revitalize existing agricultural business and industrial enterprises for the purpose of retaining existing employment within the state; (2) Promote and develop the expansion of existing and the establishment of new agricultural business and industrial enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment; (3) Promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; (4) Eliminate the shortage of decent, safe, sanitary, and affordable residential housing for elderly persons and families of low and moderate income in the state; (5) Assure the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption; (6) Provide healthcare facilities for the citizens and inhabitants of the state; (7) Provide public improvements facilities for the benefit of the citizens and inhabitants of the state; and (8) Provide educational facilities for educational institutions within the state.

(1) Restore and revitalize existing agricultural business and industrial enterprises for the purpose of retaining existing employment within the state;

(2) Promote and develop the expansion of existing and the establishment of new agricultural business and industrial enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment;

(3) Promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom;

(4) Eliminate the shortage of decent, safe, sanitary, and affordable residential housing for elderly persons and families of low and moderate income in the state;

(5) Assure the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption;

(6) Provide healthcare facilities for the citizens and inhabitants of the state;

(7) Provide public improvements facilities for the benefit of the citizens and inhabitants of the state; and

(8) Provide educational facilities for educational institutions within the state.

(c) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of agricultural business and industrial enterprises, the elimination of the need for decent, safe, sanitary, and affordable housing for elderly persons and persons of low and moderate income, for the development of reliable, affordable, efficient, and environmentally compatible sources of energy for all types of public and private consumption, for healthcare facilities, for water works and sewer facilities, and for educational facilities for the benefit of educational institutions within the state.

(d) The General Assembly finds that the public policies and responsibilities of the state as set forth in this section cannot be fully attained without the use of public financing and that the public financing can best be provided by the creation of a means of enhancing and supporting the credit of the public financing by establishing a bond guaranty procedure to be administered by the Arkansas Development Finance Authority.

Acts 1985, No. 340, § 2; 1985, No. 505, § 2; A.S.A. 1947, § 13-2925.
Ark. Code Ann. § 15-22-1206 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1206
Petition - Commission report
Status: in_force

(a) Upon the filing of the petition in the office of the circuit clerk, the clerk shall prepare a certified copy of the petition and transmit the certified copy to the Arkansas Natural Resources Commission within five (5) days after the date of the filing of the petition. (b) (1) Upon receipt of the certified copy, the commission, if it has not already done so, shall begin an investigation of the present and future availability of aquifer water for the county. (2) The commission shall transmit within sixty (60) days after receipt of the certified copy of the petition a written report of its findings to the clerk of the circuit court. (c) The report of the commission shall include, but need not be limited to: (1) A finding as to whether the water shortage of the county, if any, is such that it conforms to the definition of "county" in § 15-22-1203(6) ; (2) A finding as to whether the organization of the proposed Sparta Aquifer critical groundwater county conservation board serves to alleviate any such water shortage and would be conducive to the purposes of this subchapter; (3) A finding that an existing plan is in place, including deadlines for progress, which is reasonably calculated to alleviate the depletion of the Sparta Aquifer and reduce the withdrawal of aquifer water to levels below the safe yield in order to protect the Sparta Aquifer for future use; (4) A finding that the proposed improvement plan, if implemented, would or would not preserve the groundwater resource for future use; and (5) Any conditions or recommendations which the commission regards as necessary to the organization of the board and the purposes and powers of the board. (d) (1) If the commission makes a finding that an existing plan is in place to preserve the actual groundwater use under subdivision (c)(3) of this section, then the petition shall be held in abeyance, and the commission shall continuously monitor the plan's progress. (2) However, upon the petition of any twenty (20) persons alleging insufficient progress in the plan, the commission shall conduct a hearing in the county and examine the previous findings. Acts 1999, No. 1050, § 6.

(a) Upon the filing of the petition in the office of the circuit clerk, the clerk shall prepare a certified copy of the petition and transmit the certified copy to the Arkansas Natural Resources Commission within five (5) days after the date of the filing of the petition.

(b) (1) Upon receipt of the certified copy, the commission, if it has not already done so, shall begin an investigation of the present and future availability of aquifer water for the county. (2) The commission shall transmit within sixty (60) days after receipt of the certified copy of the petition a written report of its findings to the clerk of the circuit court.

(1) Upon receipt of the certified copy, the commission, if it has not already done so, shall begin an investigation of the present and future availability of aquifer water for the county.

(2) The commission shall transmit within sixty (60) days after receipt of the certified copy of the petition a written report of its findings to the clerk of the circuit court.

(c) The report of the commission shall include, but need not be limited to: (1) A finding as to whether the water shortage of the county, if any, is such that it conforms to the definition of "county" in § 15-22-1203(6) ; (2) A finding as to whether the organization of the proposed Sparta Aquifer critical groundwater county conservation board serves to alleviate any such water shortage and would be conducive to the purposes of this subchapter; (3) A finding that an existing plan is in place, including deadlines for progress, which is reasonably calculated to alleviate the depletion of the Sparta Aquifer and reduce the withdrawal of aquifer water to levels below the safe yield in order to protect the Sparta Aquifer for future use; (4) A finding that the proposed improvement plan, if implemented, would or would not preserve the groundwater resource for future use; and (5) Any conditions or recommendations which the commission regards as necessary to the organization of the board and the purposes and powers of the board.

(1) A finding as to whether the water shortage of the county, if any, is such that it conforms to the definition of "county" in § 15-22-1203(6) ;

(2) A finding as to whether the organization of the proposed Sparta Aquifer critical groundwater county conservation board serves to alleviate any such water shortage and would be conducive to the purposes of this subchapter;

(3) A finding that an existing plan is in place, including deadlines for progress, which is reasonably calculated to alleviate the depletion of the Sparta Aquifer and reduce the withdrawal of aquifer water to levels below the safe yield in order to protect the Sparta Aquifer for future use;

(4) A finding that the proposed improvement plan, if implemented, would or would not preserve the groundwater resource for future use; and

(5) Any conditions or recommendations which the commission regards as necessary to the organization of the board and the purposes and powers of the board.

(d) (1) If the commission makes a finding that an existing plan is in place to preserve the actual groundwater use under subdivision (c)(3) of this section, then the petition shall be held in abeyance, and the commission shall continuously monitor the plan's progress. (2) However, upon the petition of any twenty (20) persons alleging insufficient progress in the plan, the commission shall conduct a hearing in the county and examine the previous findings.

(1) If the commission makes a finding that an existing plan is in place to preserve the actual groundwater use under subdivision (c)(3) of this section, then the petition shall be held in abeyance, and the commission shall continuously monitor the plan's progress.

(2) However, upon the petition of any twenty (20) persons alleging insufficient progress in the plan, the commission shall conduct a hearing in the county and examine the previous findings.

Acts 1999, No. 1050, § 6.
Ark. Code Ann. § 15-4-2708 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2708
Research and development tax credits
Status: in_force

(a) (1) (A) Eligible businesses that have not previously been approved for incentives under this subsection and that conduct in-house research that has been approved for federal research and development tax credits may qualify, at the discretion of the Director of the Arkansas Economic Development Commission, for an income tax credit of up to twenty percent (20%) of the incremental amount spent on in-house research that exceeds the baseline established in the preceding year, for a period of five (5) years, subject to extension at the discretion of the director. (B) The initial baseline for a qualified business new to the incentives offered under this subsection is the amount of research conducted in the state as claimed for federal research and development tax credits during the most recent year. (C) Tax credits for the first year shall be calculated based on the incremental eligible expenditures for research and development at the end of the first year minus the research and development expenditures as reported by the qualified business for research and development tax credits under subdivision (a)(1)(B) of this section. (D) Tax credits for succeeding years shall be calculated as the difference between the current year's research conducted in the state and the previous year's research conducted in the state. (2) The income tax credit may be used to offset up to one hundred percent (100%) of a qualified business's annual income tax liability. (3) Unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until the tax credits are exhausted, whichever occurs first. (4) A qualified business claiming tax credits earned under this subsection shall not receive the credit granted by § 26-51-1102(b) for the same expenditures. (5) (A) The term of the financial incentive agreement for in-house research authorized by this subsection is for a period not to exceed five (5) years. (B) The financial incentive agreement may be renewed for additional five-year periods upon the submittal to and approval of the director of a new application and project plan for incentives under this subsection. (C) The qualified business claiming a tax credit under this subsection shall certify annually to the Arkansas Economic Development Commission the amount expended on in-house research. (b) (1) Targeted businesses may qualify for an income tax credit equal to thirty-three percent (33%) of the amount spent on in-house research per year for the first five (5) tax years following the targeted business's signing a financial incentive agreement with the commission. (2) The credits earned by targeted businesses may be sold as authorized in § 15-4-2709 . (c) (1) An Arkansas taxpayer may be offered, at the discretion of the director, an income tax credit equal to thirty-three percent (33%) of the amount spent on the research for the first five (5) tax years following the business's signing a financial incentive agreement with the commission, subject to the limitations established under § 26-51-1103 if the taxpayer invests in: (A) In-house research in a strategic research area; or (B) Projects under the research and development programs of the Division of Science and Technology of the Arkansas Economic Development Commission when the projects directly involve an Arkansas business and are approved by the director with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission under rules promulgated by the commission for those programs. (2) However, the maximum tax credit for a qualified business engaged in a research area of strategic value or involved in research and development programs sponsored by the division shall not exceed fifty thousand dollars ($50,000) per year. (3) A qualified business claiming tax credits earned under this subsection shall not receive the credit granted by § 26-51-1102(b) for the same expenditures. (4) (A) A qualified business claiming tax credits earned under this subsection may offset up to one hundred percent (100%) of the business's Arkansas income tax liability annually. (B) Any unused income tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first. (d) To claim the credit granted under subsections (a)-(c) of this section, the taxpayer shall file with his or her return, as an attachment to the form prescribed by the Secretary of the Department of Finance and Administration, copies of documentation to show that the commission has approved the research expenditure as a part of a qualified in-house research program or under the research and development programs of the division. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 412, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 411, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 98, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 98, eff. 7/1/2015. Acts 2003, No. 182, § 1; 2005, No. 1232, § 3; 2005, No. 1296, § 6; 2007, No. 1596, §§ 4, 6; 2009, No. 716, § 9.

(a) (1) (A) Eligible businesses that have not previously been approved for incentives under this subsection and that conduct in-house research that has been approved for federal research and development tax credits may qualify, at the discretion of the Director of the Arkansas Economic Development Commission, for an income tax credit of up to twenty percent (20%) of the incremental amount spent on in-house research that exceeds the baseline established in the preceding year, for a period of five (5) years, subject to extension at the discretion of the director. (B) The initial baseline for a qualified business new to the incentives offered under this subsection is the amount of research conducted in the state as claimed for federal research and development tax credits during the most recent year. (C) Tax credits for the first year shall be calculated based on the incremental eligible expenditures for research and development at the end of the first year minus the research and development expenditures as reported by the qualified business for research and development tax credits under subdivision (a)(1)(B) of this section. (D) Tax credits for succeeding years shall be calculated as the difference between the current year's research conducted in the state and the previous year's research conducted in the state. (2) The income tax credit may be used to offset up to one hundred percent (100%) of a qualified business's annual income tax liability. (3) Unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until the tax credits are exhausted, whichever occurs first. (4) A qualified business claiming tax credits earned under this subsection shall not receive the credit granted by § 26-51-1102(b) for the same expenditures. (5) (A) The term of the financial incentive agreement for in-house research authorized by this subsection is for a period not to exceed five (5) years. (B) The financial incentive agreement may be renewed for additional five-year periods upon the submittal to and approval of the director of a new application and project plan for incentives under this subsection. (C) The qualified business claiming a tax credit under this subsection shall certify annually to the Arkansas Economic Development Commission the amount expended on in-house research.

(1) (A) Eligible businesses that have not previously been approved for incentives under this subsection and that conduct in-house research that has been approved for federal research and development tax credits may qualify, at the discretion of the Director of the Arkansas Economic Development Commission, for an income tax credit of up to twenty percent (20%) of the incremental amount spent on in-house research that exceeds the baseline established in the preceding year, for a period of five (5) years, subject to extension at the discretion of the director. (B) The initial baseline for a qualified business new to the incentives offered under this subsection is the amount of research conducted in the state as claimed for federal research and development tax credits during the most recent year. (C) Tax credits for the first year shall be calculated based on the incremental eligible expenditures for research and development at the end of the first year minus the research and development expenditures as reported by the qualified business for research and development tax credits under subdivision (a)(1)(B) of this section. (D) Tax credits for succeeding years shall be calculated as the difference between the current year's research conducted in the state and the previous year's research conducted in the state.

(A) Eligible businesses that have not previously been approved for incentives under this subsection and that conduct in-house research that has been approved for federal research and development tax credits may qualify, at the discretion of the Director of the Arkansas Economic Development Commission, for an income tax credit of up to twenty percent (20%) of the incremental amount spent on in-house research that exceeds the baseline established in the preceding year, for a period of five (5) years, subject to extension at the discretion of the director.

(B) The initial baseline for a qualified business new to the incentives offered under this subsection is the amount of research conducted in the state as claimed for federal research and development tax credits during the most recent year.

(C) Tax credits for the first year shall be calculated based on the incremental eligible expenditures for research and development at the end of the first year minus the research and development expenditures as reported by the qualified business for research and development tax credits under subdivision (a)(1)(B) of this section.

(D) Tax credits for succeeding years shall be calculated as the difference between the current year's research conducted in the state and the previous year's research conducted in the state.

(2) The income tax credit may be used to offset up to one hundred percent (100%) of a qualified business's annual income tax liability.

(3) Unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until the tax credits are exhausted, whichever occurs first.

(4) A qualified business claiming tax credits earned under this subsection shall not receive the credit granted by § 26-51-1102(b) for the same expenditures.

(5) (A) The term of the financial incentive agreement for in-house research authorized by this subsection is for a period not to exceed five (5) years. (B) The financial incentive agreement may be renewed for additional five-year periods upon the submittal to and approval of the director of a new application and project plan for incentives under this subsection. (C) The qualified business claiming a tax credit under this subsection shall certify annually to the Arkansas Economic Development Commission the amount expended on in-house research.

(A) The term of the financial incentive agreement for in-house research authorized by this subsection is for a period not to exceed five (5) years.

(B) The financial incentive agreement may be renewed for additional five-year periods upon the submittal to and approval of the director of a new application and project plan for incentives under this subsection.

(C) The qualified business claiming a tax credit under this subsection shall certify annually to the Arkansas Economic Development Commission the amount expended on in-house research.

(b) (1) Targeted businesses may qualify for an income tax credit equal to thirty-three percent (33%) of the amount spent on in-house research per year for the first five (5) tax years following the targeted business's signing a financial incentive agreement with the commission. (2) The credits earned by targeted businesses may be sold as authorized in § 15-4-2709 .

(1) Targeted businesses may qualify for an income tax credit equal to thirty-three percent (33%) of the amount spent on in-house research per year for the first five (5) tax years following the targeted business's signing a financial incentive agreement with the commission.

(2) The credits earned by targeted businesses may be sold as authorized in § 15-4-2709 .

(c) (1) An Arkansas taxpayer may be offered, at the discretion of the director, an income tax credit equal to thirty-three percent (33%) of the amount spent on the research for the first five (5) tax years following the business's signing a financial incentive agreement with the commission, subject to the limitations established under § 26-51-1103 if the taxpayer invests in: (A) In-house research in a strategic research area; or (B) Projects under the research and development programs of the Division of Science and Technology of the Arkansas Economic Development Commission when the projects directly involve an Arkansas business and are approved by the director with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission under rules promulgated by the commission for those programs. (2) However, the maximum tax credit for a qualified business engaged in a research area of strategic value or involved in research and development programs sponsored by the division shall not exceed fifty thousand dollars ($50,000) per year. (3) A qualified business claiming tax credits earned under this subsection shall not receive the credit granted by § 26-51-1102(b) for the same expenditures. (4) (A) A qualified business claiming tax credits earned under this subsection may offset up to one hundred percent (100%) of the business's Arkansas income tax liability annually. (B) Any unused income tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.

(1) An Arkansas taxpayer may be offered, at the discretion of the director, an income tax credit equal to thirty-three percent (33%) of the amount spent on the research for the first five (5) tax years following the business's signing a financial incentive agreement with the commission, subject to the limitations established under § 26-51-1103 if the taxpayer invests in: (A) In-house research in a strategic research area; or (B) Projects under the research and development programs of the Division of Science and Technology of the Arkansas Economic Development Commission when the projects directly involve an Arkansas business and are approved by the director with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission under rules promulgated by the commission for those programs.

(A) In-house research in a strategic research area; or

(B) Projects under the research and development programs of the Division of Science and Technology of the Arkansas Economic Development Commission when the projects directly involve an Arkansas business and are approved by the director with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission under rules promulgated by the commission for those programs.

(2) However, the maximum tax credit for a qualified business engaged in a research area of strategic value or involved in research and development programs sponsored by the division shall not exceed fifty thousand dollars ($50,000) per year.

(3) A qualified business claiming tax credits earned under this subsection shall not receive the credit granted by § 26-51-1102(b) for the same expenditures.

(4) (A) A qualified business claiming tax credits earned under this subsection may offset up to one hundred percent (100%) of the business's Arkansas income tax liability annually. (B) Any unused income tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.

(A) A qualified business claiming tax credits earned under this subsection may offset up to one hundred percent (100%) of the business's Arkansas income tax liability annually.

(B) Any unused income tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.

(d) To claim the credit granted under subsections (a)-(c) of this section, the taxpayer shall file with his or her return, as an attachment to the form prescribed by the Secretary of the Department of Finance and Administration, copies of documentation to show that the commission has approved the research expenditure as a part of a qualified in-house research program or under the research and development programs of the division.

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

Amended by Act 2019, No. 910,§ 412, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 411, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 98, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 98, eff. 7/1/2015.

Acts 2003, No. 182, § 1; 2005, No. 1232, § 3; 2005, No. 1296, § 6; 2007, No. 1596, §§ 4, 6; 2009, No. 716, § 9.
Ark. Code Ann. § 15-58-104 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-104
Definitions
Status: in_force

As used in this chapter: (1) "Affected governmental agency" means an agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the surface coal mining operation, or is authorized to develop and enforce environmental standards with respect to that operation; (2) "Coal" means all forms of coal, including lignite; (3) "Commission" means the Arkansas Pollution Control and Ecology Commission or any department, commission, bureau, or agency as shall lawfully succeed to the powers and duties of the commission; (4) "Director" means the executive head and active administrator of the Division of Environmental Quality; (5) "Division" means the Division of Environmental Quality or any department, bureau, commission, or agency that shall lawfully succeed to the powers and duties of that division; (6) "Fund" means the Abandoned Mine Reclamation Fund administrated by the United States Secretary of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. Moneys from the fund may be received by the division through a grant from the United States Secretary of the Interior pursuant to the state abandoned mine reclamation program; (7) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement; (8) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under § 15-58-401 ; (9) "Operator" means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location; (10) "Permit" means a permit to conduct surface coal mining and reclamation operations issued by the director; (11) "Person" means an individual, partnership, association, society, joint-stock company, firm, company, corporation, or other business organization; (12) "Small operator" means an operator whose probable annual production at all locations will not exceed three hundred thousand (300,000) tons of coal per year; (13) "State abandoned mine reclamation program" means a plan established by the division and approved by the United States Secretary of the Interior pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, to reclaim mined areas of the state which were left without adequate reclamation prior to August 3, 1977; (14) "State program" means a program established by the division and approved by the United States Secretary of the Interior pursuant to section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, to regulate surface coal mining and reclamation operations on lands within the state; (15) "Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary and incident to the reclamation of such operations; (16) "Surface coal mining operations" means: (A) Activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. The activities include excavation for the purpose of obtaining coal, including such common methods as contours strip, auger, mountaintop removal, box cut, open pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching, or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, the loading of coal at or near the mine site; and (B) The area upon which activities occur or where activities disturb the natural land surface. The area shall also include any adjacent land the use of which is incidental to those activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of activities and for haulage, and excavations, working, impoundments, dams, ventilation shafts, entry ways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to these activities; (17) "Unanticipated event or condition" means an event or condition encountered in a remining operation that was not contemplated by the applicable surface coal mining and reclamation permit; and (18) "Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of his or her permit or any requirement of this chapter or the rules issued pursuant to this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of a permit, this chapter, or the rules issued pursuant to this chapter due to indifference, lack of diligence, or lack of reasonable care. Amended by Act 2019, No. 315,§ 1174, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3139, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3138, eff. 7/1/2019. Acts 1979, No. 134, § 4; 1979, No. 647, § 1; A.S.A. 1947, § 52-938; Acts 1993, No. 737, § 1; 1995, No. 500, § 1; 1999, No. 1164, § 143.

As used in this chapter:

(1) "Affected governmental agency" means an agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the surface coal mining operation, or is authorized to develop and enforce environmental standards with respect to that operation;

(2) "Coal" means all forms of coal, including lignite;

(3) "Commission" means the Arkansas Pollution Control and Ecology Commission or any department, commission, bureau, or agency as shall lawfully succeed to the powers and duties of the commission;

(4) "Director" means the executive head and active administrator of the Division of Environmental Quality;

(5) "Division" means the Division of Environmental Quality or any department, bureau, commission, or agency that shall lawfully succeed to the powers and duties of that division;

(6) "Fund" means the Abandoned Mine Reclamation Fund administrated by the United States Secretary of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. Moneys from the fund may be received by the division through a grant from the United States Secretary of the Interior pursuant to the state abandoned mine reclamation program;

(7) "Imminent danger to the health and safety of the public" means the existence of any condition or practice, or any violation of a permit or other requirement of this chapter in a surface coal mining and reclamation operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose himself or herself to the danger during the time necessary for abatement;

(8) "Lands eligible for remining" means those lands that would otherwise be eligible for expenditures under § 15-58-401 ;

(9) "Operator" means any person, partnership, or corporation engaged in coal mining who removes or intends to remove more than two hundred fifty (250) tons of coal from the earth by coal mining within twelve (12) consecutive calendar months in any one (1) location;

(10) "Permit" means a permit to conduct surface coal mining and reclamation operations issued by the director;

(11) "Person" means an individual, partnership, association, society, joint-stock company, firm, company, corporation, or other business organization;

(12) "Small operator" means an operator whose probable annual production at all locations will not exceed three hundred thousand (300,000) tons of coal per year;

(13) "State abandoned mine reclamation program" means a plan established by the division and approved by the United States Secretary of the Interior pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, to reclaim mined areas of the state which were left without adequate reclamation prior to August 3, 1977;

(14) "State program" means a program established by the division and approved by the United States Secretary of the Interior pursuant to section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, to regulate surface coal mining and reclamation operations on lands within the state;

(15) "Surface coal mining and reclamation operations" means surface coal mining operations and all activities necessary and incident to the reclamation of such operations;

(16) "Surface coal mining operations" means: (A) Activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. The activities include excavation for the purpose of obtaining coal, including such common methods as contours strip, auger, mountaintop removal, box cut, open pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching, or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, the loading of coal at or near the mine site; and (B) The area upon which activities occur or where activities disturb the natural land surface. The area shall also include any adjacent land the use of which is incidental to those activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of activities and for haulage, and excavations, working, impoundments, dams, ventilation shafts, entry ways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to these activities;

(A) Activities conducted on the surface of lands in connection with a surface coal mine and surface impacts incident to an underground coal mine. The activities include excavation for the purpose of obtaining coal, including such common methods as contours strip, auger, mountaintop removal, box cut, open pit, and area mining, the use of explosives and blasting, and in situ distillation or retorting, leaching, or other chemical or physical processing, and the cleaning, concentrating, or other processing or preparation, the loading of coal at or near the mine site; and

(B) The area upon which activities occur or where activities disturb the natural land surface. The area shall also include any adjacent land the use of which is incidental to those activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of activities and for haulage, and excavations, working, impoundments, dams, ventilation shafts, entry ways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas, and other areas upon which are sited structures, facilities, or other property or materials on the surface, resulting from or incident to these activities;

(17) "Unanticipated event or condition" means an event or condition encountered in a remining operation that was not contemplated by the applicable surface coal mining and reclamation permit; and

(18) "Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of any violation of his or her permit or any requirement of this chapter or the rules issued pursuant to this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of a permit, this chapter, or the rules issued pursuant to this chapter due to indifference, lack of diligence, or lack of reasonable care.

Amended by Act 2019, No. 315,§ 1174, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3139, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3138, eff. 7/1/2019.

Acts 1979, No. 134, § 4; 1979, No. 647, § 1; A.S.A. 1947, § 52-938; Acts 1993, No. 737, § 1; 1995, No. 500, § 1; 1999, No. 1164, § 143.
Ark. Code Ann. § 15-71-107 — AR Code / Title 15 / Chapter 71 / Section 15-71-107
Control or regulation of oil and gas production - Assessment on production - Use of money - Increase in assessment
Status: in_force

(a) (1) All common sources of supply of crude oil discovered after January 1, 1937, if so found necessary by the Oil and Gas Commission, shall have the production of oil therefrom controlled or regulated in accordance with the provisions of this act. (2) (A) (i) The commission is authorized to assess from time to time against each barrel of oil produced and saved a charge not to exceed fifty (50) mills on each barrel. (ii) The charge that may be assessed pursuant to this subsection shall apply to each barrel of oil produced and saved, including that from common sources of supply discovered prior to January 1, 1937. (B) All moneys so collected shall be used solely to pay the expenses and other costs in connection with the administration of this law. (b) (1) All common sources of supply of natural gas discovered after January 1, 1937, if so found necessary by the commission, shall have the production of gas therefrom controlled or regulated in accordance with the provisions of this act. (2) (A) (i) The commission is authorized to assess from time to time against each one thousand cubic feet (1,000 cu. ft.) of gas produced and saved from a gas well a charge not to exceed ten (10) mills on each one thousand cubic feet (1,000 cu. ft.) of gas. (ii) The charge that may be assessed pursuant to this subsection shall apply to each one thousand cubic feet (1,000 cu. ft.) of natural gas produced and saved, including that from common sources of supply discovered prior to January 1, 1937. (B) All moneys collected under subdivision (b)(2)(A)(i) of this section shall be used as follows: (i) The first four and one-half (41/2) mills of each gas assessment levied each fiscal year until July 1, 2023, shall be deposited as general revenues; and (ii) The remainder shall be used to pay the expenses and other costs in connection with the administration of this law. (c) Before the commission implements the collection process of any increase in the millage assessment that may be authorized by law on each barrel of oil or on each one thousand cubic feet (1,000 cu. ft.) of gas, the commission shall first seek review from the Legislative Council or the Joint Budget Committee. Amended by Act 2021, No. 437,§ 1, eff. 3/24/2021. Amended by Act 2019, No. 705,§ 1, eff. 4/4/2019. Amended by Act 2017, No. 977,§ 1, eff. 4/7/2017. Amended by Act 2015, No. 1046,§ 1, eff. 7/1/2015. Acts 1939, No. 105, § 6; 1975, No. 166, § 1; 1981, No. 523, § 1; A.S.A. 1947, § 53-106; Acts 1991, No. 252, § 7; 2001, No. 1188, § 1; 2009, No. 1175, §§ 4, 5.

(a) (1) All common sources of supply of crude oil discovered after January 1, 1937, if so found necessary by the Oil and Gas Commission, shall have the production of oil therefrom controlled or regulated in accordance with the provisions of this act. (2) (A) (i) The commission is authorized to assess from time to time against each barrel of oil produced and saved a charge not to exceed fifty (50) mills on each barrel. (ii) The charge that may be assessed pursuant to this subsection shall apply to each barrel of oil produced and saved, including that from common sources of supply discovered prior to January 1, 1937. (B) All moneys so collected shall be used solely to pay the expenses and other costs in connection with the administration of this law.

(1) All common sources of supply of crude oil discovered after January 1, 1937, if so found necessary by the Oil and Gas Commission, shall have the production of oil therefrom controlled or regulated in accordance with the provisions of this act.

(2) (A) (i) The commission is authorized to assess from time to time against each barrel of oil produced and saved a charge not to exceed fifty (50) mills on each barrel. (ii) The charge that may be assessed pursuant to this subsection shall apply to each barrel of oil produced and saved, including that from common sources of supply discovered prior to January 1, 1937. (B) All moneys so collected shall be used solely to pay the expenses and other costs in connection with the administration of this law.

(A) (i) The commission is authorized to assess from time to time against each barrel of oil produced and saved a charge not to exceed fifty (50) mills on each barrel. (ii) The charge that may be assessed pursuant to this subsection shall apply to each barrel of oil produced and saved, including that from common sources of supply discovered prior to January 1, 1937.

(i) The commission is authorized to assess from time to time against each barrel of oil produced and saved a charge not to exceed fifty (50) mills on each barrel.

(ii) The charge that may be assessed pursuant to this subsection shall apply to each barrel of oil produced and saved, including that from common sources of supply discovered prior to January 1, 1937.

(B) All moneys so collected shall be used solely to pay the expenses and other costs in connection with the administration of this law.

(b) (1) All common sources of supply of natural gas discovered after January 1, 1937, if so found necessary by the commission, shall have the production of gas therefrom controlled or regulated in accordance with the provisions of this act. (2) (A) (i) The commission is authorized to assess from time to time against each one thousand cubic feet (1,000 cu. ft.) of gas produced and saved from a gas well a charge not to exceed ten (10) mills on each one thousand cubic feet (1,000 cu. ft.) of gas. (ii) The charge that may be assessed pursuant to this subsection shall apply to each one thousand cubic feet (1,000 cu. ft.) of natural gas produced and saved, including that from common sources of supply discovered prior to January 1, 1937. (B) All moneys collected under subdivision (b)(2)(A)(i) of this section shall be used as follows: (i) The first four and one-half (41/2) mills of each gas assessment levied each fiscal year until July 1, 2023, shall be deposited as general revenues; and (ii) The remainder shall be used to pay the expenses and other costs in connection with the administration of this law.

(1) All common sources of supply of natural gas discovered after January 1, 1937, if so found necessary by the commission, shall have the production of gas therefrom controlled or regulated in accordance with the provisions of this act.

(2) (A) (i) The commission is authorized to assess from time to time against each one thousand cubic feet (1,000 cu. ft.) of gas produced and saved from a gas well a charge not to exceed ten (10) mills on each one thousand cubic feet (1,000 cu. ft.) of gas. (ii) The charge that may be assessed pursuant to this subsection shall apply to each one thousand cubic feet (1,000 cu. ft.) of natural gas produced and saved, including that from common sources of supply discovered prior to January 1, 1937. (B) All moneys collected under subdivision (b)(2)(A)(i) of this section shall be used as follows: (i) The first four and one-half (41/2) mills of each gas assessment levied each fiscal year until July 1, 2023, shall be deposited as general revenues; and (ii) The remainder shall be used to pay the expenses and other costs in connection with the administration of this law.

(A) (i) The commission is authorized to assess from time to time against each one thousand cubic feet (1,000 cu. ft.) of gas produced and saved from a gas well a charge not to exceed ten (10) mills on each one thousand cubic feet (1,000 cu. ft.) of gas. (ii) The charge that may be assessed pursuant to this subsection shall apply to each one thousand cubic feet (1,000 cu. ft.) of natural gas produced and saved, including that from common sources of supply discovered prior to January 1, 1937.

(i) The commission is authorized to assess from time to time against each one thousand cubic feet (1,000 cu. ft.) of gas produced and saved from a gas well a charge not to exceed ten (10) mills on each one thousand cubic feet (1,000 cu. ft.) of gas.

(ii) The charge that may be assessed pursuant to this subsection shall apply to each one thousand cubic feet (1,000 cu. ft.) of natural gas produced and saved, including that from common sources of supply discovered prior to January 1, 1937.

(B) All moneys collected under subdivision (b)(2)(A)(i) of this section shall be used as follows: (i) The first four and one-half (41/2) mills of each gas assessment levied each fiscal year until July 1, 2023, shall be deposited as general revenues; and (ii) The remainder shall be used to pay the expenses and other costs in connection with the administration of this law.

(i) The first four and one-half (41/2) mills of each gas assessment levied each fiscal year until July 1, 2023, shall be deposited as general revenues; and

(ii) The remainder shall be used to pay the expenses and other costs in connection with the administration of this law.

(c) Before the commission implements the collection process of any increase in the millage assessment that may be authorized by law on each barrel of oil or on each one thousand cubic feet (1,000 cu. ft.) of gas, the commission shall first seek review from the Legislative Council or the Joint Budget Committee.

Amended by Act 2021, No. 437,§ 1, eff. 3/24/2021.

Amended by Act 2019, No. 705,§ 1, eff. 4/4/2019.

Amended by Act 2017, No. 977,§ 1, eff. 4/7/2017.

Amended by Act 2015, No. 1046,§ 1, eff. 7/1/2015.

Acts 1939, No. 105, § 6; 1975, No. 166, § 1; 1981, No. 523, § 1; A.S.A. 1947, § 53-106; Acts 1991, No. 252, § 7; 2001, No. 1188, § 1; 2009, No. 1175, §§ 4, 5.
Ark. Code Ann. § 15-4-308 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-308
Administration
Status: in_force

(a) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Office of State Procurement shall serve as the principal coordinators of the initiative to ensure the successful implementation of this subchapter. (b) The division and the office shall provide assistance to minority business enterprises and women-owned business enterprises seeking state contract opportunities with various state agencies. (c) The division and the office shall maintain a directory of all minority and women-owned business officers for each state agency. (d) The division and the office shall provide management and technical assistance to any state agency that experiences difficulty in complying with the provisions of this subchapter. (e) The division and the office shall maintain a current directory of minority business enterprises and women-owned business enterprises and shall make the directory available to each state agency and minority and women-owned business officer. (f) The division shall serve as a central clearinghouse for information on state contracts, including a record of all pending state contracts upon which minority business enterprises and women-owned business enterprises may participate. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 2009, No. 1222, § 6.

(a) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Office of State Procurement shall serve as the principal coordinators of the initiative to ensure the successful implementation of this subchapter.

(b) The division and the office shall provide assistance to minority business enterprises and women-owned business enterprises seeking state contract opportunities with various state agencies.

(c) The division and the office shall maintain a directory of all minority and women-owned business officers for each state agency.

(d) The division and the office shall provide management and technical assistance to any state agency that experiences difficulty in complying with the provisions of this subchapter.

(e) The division and the office shall maintain a current directory of minority business enterprises and women-owned business enterprises and shall make the directory available to each state agency and minority and women-owned business officer.

(f) The division shall serve as a central clearinghouse for information on state contracts, including a record of all pending state contracts upon which minority business enterprises and women-owned business enterprises may participate.

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

Acts 2009, No. 1222, § 6.
Ark. Code Ann. § 15-72-310 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-310
Order requiring unit operation - Contents
Status: in_force

The order requiring unit operation shall be fair and reasonable under all circumstances and shall include: (1) A description of the unit area; (2) An allocation upon the basis agreed upon by the provisions of the unit operating agreement to each separately owned tract that for all purposes of this section and §§ 15-72-308 , 15-72-309 , and 15-72-311 - 15-72-322 may be a previously established drilling unit if the unit operating agreement so provides in the unit area its fair share of all of the oil and gas produced from the unit area and not required or consumed in the conduct of the operation of the unit area or unavoidably lost. No allocation formula shall be adopted by the Oil and Gas Commission and put into effect unless it is based on the relative contribution to the unit operation, other than physical equipment, made by each separately owned tract or previously established drilling unit; (3) A provision for the credits and charges to be made in the adjustment among the owners of the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operation. The net amount charged against the owner or owners of a separately owned tract shall be considered expenses of unit operation chargeable against the tract; (4) A provision that a part of the expenses of unit operation, including capital investments, be charged to each separately owned tract in the same proportion that the tract shares in the unit production. The expenses chargeable to a tract shall be paid by the person or persons who in the absence of unit operation would be responsible for the expense of developing and operating the tract; (5) The time at which the unit operation shall commence; and (6) Those additional provisions, not in conflict with or inconsistent with the unit operating agreement, which the commission determines to be appropriate for the prevention of waste and the protection of all interested parties. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1973, No. 22, § 1; A.S.A. 1947, § 53-115.

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

(1) A description of the unit area;

(2) An allocation upon the basis agreed upon by the provisions of the unit operating agreement to each separately owned tract that for all purposes of this section and §§ 15-72-308 , 15-72-309 , and 15-72-311 - 15-72-322 may be a previously established drilling unit if the unit operating agreement so provides in the unit area its fair share of all of the oil and gas produced from the unit area and not required or consumed in the conduct of the operation of the unit area or unavoidably lost. No allocation formula shall be adopted by the Oil and Gas Commission and put into effect unless it is based on the relative contribution to the unit operation, other than physical equipment, made by each separately owned tract or previously established drilling unit;

(3) A provision for the credits and charges to be made in the adjustment among the owners of the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operation. The net amount charged against the owner or owners of a separately owned tract shall be considered expenses of unit operation chargeable against the tract;

(4) A provision that a part of the expenses of unit operation, including capital investments, be charged to each separately owned tract in the same proportion that the tract shares in the unit production. The expenses chargeable to a tract shall be paid by the person or persons who in the absence of unit operation would be responsible for the expense of developing and operating the tract;

(5) The time at which the unit operation shall commence; and

(6) Those additional provisions, not in conflict with or inconsistent with the unit operating agreement, which the commission determines to be appropriate for the prevention of waste and the protection of all interested parties.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1973, No. 22, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-11-302 — AR Code / Title 15 / Chapter 11 / Subchapter 3 / Section 15-11-302
Department duties
Status: in_force

Tourist information bureaus established pursuant to this subchapter shall: (1) Be open to the public at regular business hours and, during tourist seasons, shall be operated at such other hours as may be determined by the Department of Parks, Heritage, and Tourism; (2) Be situated at or near federal interstate highway points of entry into this state and be located convenient to access by the motoring public; (3) Be staffed by persons trained and informed concerning: (A) The highways of this state; (B) Sites of historical interest and importance; (C) State parks and other public and private recreational facilities; (D) Annual festivals, fairs, and other events of local, regional, or statewide importance of interest and appeal to tourists; (E) The population of the state and the various counties and cities; (F) The agricultural and industrial economy of the state; (G) The natural and human resources that make the State of Arkansas attractive to industry and tourists; and (H) Such other information and data concerning this state as may be deemed advisable by the department; (4) Maintain files, reference books, and sources of information to answer questions and to furnish information to tourists; (5) (A) Maintain facilities for the display of brochures, circulars, and other literature furnished the department by hotels, motels, restaurants, and other business establishments publicizing services for the accommodation and convenience of tourists. (B) Provided, that the tourist information bureaus shall display the literature for the information and benefit of tourists without favoritism or prejudice to any business establishment; and (6) Perform such other duties as determined by the department to be in furtherance of the purposes and intent of this subchapter. Amended by Act 2019, No. 910,§ 5633, eff. 7/1/2019. Acts 1965, No. 515, § 2; A.S.A. 1947, § 9-211.

Tourist information bureaus established pursuant to this subchapter shall:

(1) Be open to the public at regular business hours and, during tourist seasons, shall be operated at such other hours as may be determined by the Department of Parks, Heritage, and Tourism;

(2) Be situated at or near federal interstate highway points of entry into this state and be located convenient to access by the motoring public;

(3) Be staffed by persons trained and informed concerning: (A) The highways of this state; (B) Sites of historical interest and importance; (C) State parks and other public and private recreational facilities; (D) Annual festivals, fairs, and other events of local, regional, or statewide importance of interest and appeal to tourists; (E) The population of the state and the various counties and cities; (F) The agricultural and industrial economy of the state; (G) The natural and human resources that make the State of Arkansas attractive to industry and tourists; and (H) Such other information and data concerning this state as may be deemed advisable by the department;

(A) The highways of this state;

(B) Sites of historical interest and importance;

(C) State parks and other public and private recreational facilities;

(D) Annual festivals, fairs, and other events of local, regional, or statewide importance of interest and appeal to tourists;

(E) The population of the state and the various counties and cities;

(F) The agricultural and industrial economy of the state;

(G) The natural and human resources that make the State of Arkansas attractive to industry and tourists; and

(H) Such other information and data concerning this state as may be deemed advisable by the department;

(4) Maintain files, reference books, and sources of information to answer questions and to furnish information to tourists;

(5) (A) Maintain facilities for the display of brochures, circulars, and other literature furnished the department by hotels, motels, restaurants, and other business establishments publicizing services for the accommodation and convenience of tourists. (B) Provided, that the tourist information bureaus shall display the literature for the information and benefit of tourists without favoritism or prejudice to any business establishment; and

(A) Maintain facilities for the display of brochures, circulars, and other literature furnished the department by hotels, motels, restaurants, and other business establishments publicizing services for the accommodation and convenience of tourists.

(B) Provided, that the tourist information bureaus shall display the literature for the information and benefit of tourists without favoritism or prejudice to any business establishment; and

(6) Perform such other duties as determined by the department to be in furtherance of the purposes and intent of this subchapter.

Amended by Act 2019, No. 910,§ 5633, eff. 7/1/2019.

Acts 1965, No. 515, § 2; A.S.A. 1947, § 9-211.
Ark. Code Ann. § 15-21-406 — AR Code / Title 15 / Chapter 21 / Subchapter 4 / Section 15-21-406
Acceptance of lands donated for soil conservation purposes
Status: in_force

The Board of Trustees of the University of Arkansas is authorized to: (1) Accept donations of land and to acquire title to the land for the use of the United States Natural Resources Conservation Service to conduct, in cooperation with the Arkansas Agricultural Experiment Station, experiments in soil erosion and erosion control and prevention; and (2) Enter into agreement or contract with or give permission to the United States Natural Resources Conservation Service for the improvement, development, and operation of the lands acquired. Acts 1937, No. 348, § 1; Pope's Dig., § 11853; A.S.A. 1947, § 77-1506.

The Board of Trustees of the University of Arkansas is authorized to:

(1) Accept donations of land and to acquire title to the land for the use of the United States Natural Resources Conservation Service to conduct, in cooperation with the Arkansas Agricultural Experiment Station, experiments in soil erosion and erosion control and prevention; and

(2) Enter into agreement or contract with or give permission to the United States Natural Resources Conservation Service for the improvement, development, and operation of the lands acquired.

Acts 1937, No. 348, § 1; Pope's Dig., § 11853; A.S.A. 1947, § 77-1506.
Ark. Code Ann. § 15-21-305 — AR Code / Title 15 / Chapter 21 / Subchapter 3 / Section 15-21-305
Coordinates
Status: in_force

(a) The plane coordinates of a point on the earth's surface to be used in expressing the position or location of such a point in the appropriate zone of the Arkansas Coordinate System 1983 shall consist of two (2) distances, expressed in meters and decimals of a meter. (b) One (1) of these distances, to be known as the "east(x)-coordinate", shall give the position in the east-and-west direction, and the other, to be known as the "north(y)-coordinate", shall give the position in a north-and-south direction. (c) These coordinates shall be made to depend upon and conform to the coordinates on the Arkansas Coordinate System 1983 of the triangulation and traverse stations of the National Geodetic Survey within the State of Arkansas as those coordinates have been determined by the National Geodetic Survey. (d) (1) The official conversion for meters to feet shall be the United States survey foot. (2) (A) Meters shall be converted to United States survey feet by multiplying the number of meters by 39.37 and dividing that result by twelve (12). (B) One (1) meter shall equal 39.37 inches. (C) 3.280833333 United States survey feet are equal to one (1) meter. Acts 1991, No. 861, § 3; 2005, No. 1826, § 1.

(a) The plane coordinates of a point on the earth's surface to be used in expressing the position or location of such a point in the appropriate zone of the Arkansas Coordinate System 1983 shall consist of two (2) distances, expressed in meters and decimals of a meter.

(b) One (1) of these distances, to be known as the "east(x)-coordinate", shall give the position in the east-and-west direction, and the other, to be known as the "north(y)-coordinate", shall give the position in a north-and-south direction.

(c) These coordinates shall be made to depend upon and conform to the coordinates on the Arkansas Coordinate System 1983 of the triangulation and traverse stations of the National Geodetic Survey within the State of Arkansas as those coordinates have been determined by the National Geodetic Survey.

(d) (1) The official conversion for meters to feet shall be the United States survey foot. (2) (A) Meters shall be converted to United States survey feet by multiplying the number of meters by 39.37 and dividing that result by twelve (12). (B) One (1) meter shall equal 39.37 inches. (C) 3.280833333 United States survey feet are equal to one (1) meter.

(1) The official conversion for meters to feet shall be the United States survey foot.

(2) (A) Meters shall be converted to United States survey feet by multiplying the number of meters by 39.37 and dividing that result by twelve (12). (B) One (1) meter shall equal 39.37 inches. (C) 3.280833333 United States survey feet are equal to one (1) meter.

(A) Meters shall be converted to United States survey feet by multiplying the number of meters by 39.37 and dividing that result by twelve (12).

(B) One (1) meter shall equal 39.37 inches.

(C) 3.280833333 United States survey feet are equal to one (1) meter.

Acts 1991, No. 861, § 3; 2005, No. 1826, § 1.
Ark. Code Ann. § 15-72-1001 — AR Code / Title 15 / Chapter 72 / Subchapter 10 / Section 15-72-1001
Tax incentives - Increased volume by enhanced recovery
Status: in_force

An oil producer who initiates a program for the enhanced recovery of crude oil pursuant to a plan first approved by the Oil and Gas Commission for purposes of recovering the incremental oil from a well or group of wells which results in the production of a volume of crude oil in excess of the volume produced prior to the commencement of the project shall be granted a fifty percent (50%) reduction in the severance tax which would otherwise be required to be paid, as provided for in § 26-58-111(6) , on the total quantity of the incremental increase in crude oil produced as a result of the approved enhanced recovery project. Acts 1995, No. 1093, § 1.

An oil producer who initiates a program for the enhanced recovery of crude oil pursuant to a plan first approved by the Oil and Gas Commission for purposes of recovering the incremental oil from a well or group of wells which results in the production of a volume of crude oil in excess of the volume produced prior to the commencement of the project shall be granted a fifty percent (50%) reduction in the severance tax which would otherwise be required to be paid, as provided for in § 26-58-111(6) , on the total quantity of the incremental increase in crude oil produced as a result of the approved enhanced recovery project.

Acts 1995, No. 1093, § 1.
Ark. Code Ann. § 15-5-417 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-417
Trust indenture
Status: in_force

(a) The resolution authorizing the issuance of bonds may provide for the execution by the Arkansas Development Finance Authority with a financial institution within or without the State of Arkansas of a trust indenture. (b) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the authority, including, without limitation, those pertaining to the maintainance of various funds and reserves, the nature and extent of the security, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, and the rights, duties, and obligations of the authority and of the holders and registered owners of the bonds. Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.

(a) The resolution authorizing the issuance of bonds may provide for the execution by the Arkansas Development Finance Authority with a financial institution within or without the State of Arkansas of a trust indenture.

(b) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the authority, including, without limitation, those pertaining to the maintainance of various funds and reserves, the nature and extent of the security, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, and the rights, duties, and obligations of the authority and of the holders and registered owners of the bonds.

Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.
Ark. Code Ann. § 15-13-102 — AR Code / Title 15 / Chapter 13 / Subchapter 1 / Section 15-13-102
Definitions
Status: in_force

As used in this chapter: (1) "Alternative fuels" means biofuel, ethanol, compressed natural gas, propane gas, or a synthetic transportation fuel; (2) "Alternative fuels distributor" means a business located in the State of Arkansas that distributes alternative fuels or alternative fuels mixture; (3) "Alternative fuels mixture" means a mixture of alternative fuels that is: (A) An undyed, clear distillate special fuel that is suitable for use in motor vehicles on Arkansas highways; (B) A dyed fuel for off-road use; (C) Sold by the supplier producing alternative fuels mixture to any person for use as a fuel; or (D) Used as a fuel by the supplier producing the alternative fuels mixture; (4) "Alternative fuels producer" means a business located in Arkansas that uses biomass or other renewable resources excluding recycled petroleum oils to manufacture alternative fuels; (5) "Bi-fuel compressed natural gas motor vehicle" means a motor vehicle that is powered by: (A) Compressed natural gas; and (B) Gasoline or diesel; (6) "Bi-fuel propane gas motor vehicle" means a motor vehicle that is powered by: (A) Propane gas; and (B) Gasoline or diesel; (7) (A) "Biofuel" means a renewable, biodegradable, combustible liquid or gaseous fuel derived from biomass or other renewable resources that can be used as transportation fuel, combustion fuel, or refinery feedstock and that meets the American Society for Testing and Materials International Specifications and Test Methods and federal quality requirements as in effect on February 1, 2007, for each category or grade of fuel. (B) "Biofuel" includes without limitation: (i) Biodiesel or renewable diesel; (ii) Renewable gasoline; (iii) Renewable jet fuel; (iv) Renewable naphtha; (v) Biocrude; (vi) Biogas; and (vii) Other renewable, biodegradable, mono alkyl ester combustible fuel derived from biomass; (8) (A) "Biomass" means any matter derived from plants, animals, or waste materials that is used for the production of alternative fuels. (B) "Biomass" includes residues or byproducts from: (i) Agricultural production; (ii) Agricultural processing; (iii) Algae; (iv) Forest or wood resources; (v) Forestry or wood production; (vi) Forestry or wood processing; or (vii) Landfill refuse. (C) "Biomass" includes plant material from crops that are produced for use in the production of alternative fuels and cellulosic biomass. (D) "Biomass" does not include recycled petroleum oil; (9) "Conversion kit" means a set of supplies, materials, parts, tools, or equipment used to convert a diesel-powered or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas vehicle, or bi-fuel propane gas motor vehicle; (10) "Dedicated compressed natural gas motor vehicle" means a motor vehicle that is powered only by compressed natural gas; (11) "Dedicated propane gas motor vehicle" means a motor vehicle that is powered only by propane gas; (12) "Differential costs" means the difference in costs between: (A) A dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle; and (B) A comparably equipped motor vehicle powered by gasoline or diesel; (13) "Ethanol" means ethyl alcohol derived from biomass that: (A) Meets the American Society for Testing and Materials Specification D4806-04a for ethanol as in effect on January 1, 2007; and (B) Is denatured as specified in 27 C.F.R. Part 20 and Part 21, as in effect on January 1, 2007; (14) "Feedstock processor" means a business located in Arkansas that uses biomass or other renewable resources excluding recycled petroleum oils to manufacture feedstock to be used in the production of alternative fuels; (15) "Incremental costs" means the difference in the costs between: (A) Converting a motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle, including the original cost of the vehicle; and (B) A comparably equipped dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; (16) "Other renewable resources" means any material that can be recycled, regenerated, reclaimed, or reused; (17) "State agency" means any office, board, commission, department, council, bureau, or other entity created by the General Assembly; and (18) "Synthetic transportation fuel" means a liquid fuel produced from biomass by a gasification process or other refining process that meets any applicable state or federal environmental requirement. Amended by Act 2015, No. 1149,§ 9, eff. 7/22/2015. Amended by Act 2013, No. 152,§ 3, eff. 2/26/2013. Amended by Act 2013, No. 152,§ 2, eff. 2/26/2013. Amended by Act 2013, No. 152,§ 1, eff. 2/26/2013. Acts 2007, No. 699, § 1; 2007, No. 873, § 1; 2009, No. 977, § 1; 2011, No. 347, § 1; 2011, No. 734, § 1; 2011, No. 832, § 1; 2011, No. 1165, § 1.

As used in this chapter:

(1) "Alternative fuels" means biofuel, ethanol, compressed natural gas, propane gas, or a synthetic transportation fuel;

(2) "Alternative fuels distributor" means a business located in the State of Arkansas that distributes alternative fuels or alternative fuels mixture;

(3) "Alternative fuels mixture" means a mixture of alternative fuels that is: (A) An undyed, clear distillate special fuel that is suitable for use in motor vehicles on Arkansas highways; (B) A dyed fuel for off-road use; (C) Sold by the supplier producing alternative fuels mixture to any person for use as a fuel; or (D) Used as a fuel by the supplier producing the alternative fuels mixture;

(A) An undyed, clear distillate special fuel that is suitable for use in motor vehicles on Arkansas highways;

(B) A dyed fuel for off-road use;

(C) Sold by the supplier producing alternative fuels mixture to any person for use as a fuel; or

(D) Used as a fuel by the supplier producing the alternative fuels mixture;

(4) "Alternative fuels producer" means a business located in Arkansas that uses biomass or other renewable resources excluding recycled petroleum oils to manufacture alternative fuels;

(5) "Bi-fuel compressed natural gas motor vehicle" means a motor vehicle that is powered by: (A) Compressed natural gas; and (B) Gasoline or diesel;

(A) Compressed natural gas; and

(B) Gasoline or diesel;

(6) "Bi-fuel propane gas motor vehicle" means a motor vehicle that is powered by: (A) Propane gas; and (B) Gasoline or diesel;

(A) Propane gas; and

(B) Gasoline or diesel;

(7) (A) "Biofuel" means a renewable, biodegradable, combustible liquid or gaseous fuel derived from biomass or other renewable resources that can be used as transportation fuel, combustion fuel, or refinery feedstock and that meets the American Society for Testing and Materials International Specifications and Test Methods and federal quality requirements as in effect on February 1, 2007, for each category or grade of fuel. (B) "Biofuel" includes without limitation: (i) Biodiesel or renewable diesel; (ii) Renewable gasoline; (iii) Renewable jet fuel; (iv) Renewable naphtha; (v) Biocrude; (vi) Biogas; and (vii) Other renewable, biodegradable, mono alkyl ester combustible fuel derived from biomass;

(A) "Biofuel" means a renewable, biodegradable, combustible liquid or gaseous fuel derived from biomass or other renewable resources that can be used as transportation fuel, combustion fuel, or refinery feedstock and that meets the American Society for Testing and Materials International Specifications and Test Methods and federal quality requirements as in effect on February 1, 2007, for each category or grade of fuel.

(B) "Biofuel" includes without limitation: (i) Biodiesel or renewable diesel; (ii) Renewable gasoline; (iii) Renewable jet fuel; (iv) Renewable naphtha; (v) Biocrude; (vi) Biogas; and (vii) Other renewable, biodegradable, mono alkyl ester combustible fuel derived from biomass;

(i) Biodiesel or renewable diesel;

(ii) Renewable gasoline;

(iii) Renewable jet fuel;

(iv) Renewable naphtha;

(v) Biocrude;

(vi) Biogas; and

(vii) Other renewable, biodegradable, mono alkyl ester combustible fuel derived from biomass;

(8) (A) "Biomass" means any matter derived from plants, animals, or waste materials that is used for the production of alternative fuels. (B) "Biomass" includes residues or byproducts from: (i) Agricultural production; (ii) Agricultural processing; (iii) Algae; (iv) Forest or wood resources; (v) Forestry or wood production; (vi) Forestry or wood processing; or (vii) Landfill refuse. (C) "Biomass" includes plant material from crops that are produced for use in the production of alternative fuels and cellulosic biomass. (D) "Biomass" does not include recycled petroleum oil;

(A) "Biomass" means any matter derived from plants, animals, or waste materials that is used for the production of alternative fuels.

(B) "Biomass" includes residues or byproducts from: (i) Agricultural production; (ii) Agricultural processing; (iii) Algae; (iv) Forest or wood resources; (v) Forestry or wood production; (vi) Forestry or wood processing; or (vii) Landfill refuse.

(i) Agricultural production;

(ii) Agricultural processing;

(iii) Algae;

(iv) Forest or wood resources;

(v) Forestry or wood production;

(vi) Forestry or wood processing; or

(vii) Landfill refuse.

(C) "Biomass" includes plant material from crops that are produced for use in the production of alternative fuels and cellulosic biomass.

(D) "Biomass" does not include recycled petroleum oil;

(9) "Conversion kit" means a set of supplies, materials, parts, tools, or equipment used to convert a diesel-powered or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas vehicle, or bi-fuel propane gas motor vehicle;

(10) "Dedicated compressed natural gas motor vehicle" means a motor vehicle that is powered only by compressed natural gas;

(11) "Dedicated propane gas motor vehicle" means a motor vehicle that is powered only by propane gas;

(12) "Differential costs" means the difference in costs between: (A) A dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle; and (B) A comparably equipped motor vehicle powered by gasoline or diesel;

(A) A dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle; and

(B) A comparably equipped motor vehicle powered by gasoline or diesel;

(13) "Ethanol" means ethyl alcohol derived from biomass that: (A) Meets the American Society for Testing and Materials Specification D4806-04a for ethanol as in effect on January 1, 2007; and (B) Is denatured as specified in 27 C.F.R. Part 20 and Part 21, as in effect on January 1, 2007;

(A) Meets the American Society for Testing and Materials Specification D4806-04a for ethanol as in effect on January 1, 2007; and

(B) Is denatured as specified in 27 C.F.R. Part 20 and Part 21, as in effect on January 1, 2007;

(14) "Feedstock processor" means a business located in Arkansas that uses biomass or other renewable resources excluding recycled petroleum oils to manufacture feedstock to be used in the production of alternative fuels;

(15) "Incremental costs" means the difference in the costs between: (A) Converting a motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle, including the original cost of the vehicle; and (B) A comparably equipped dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle;

(A) Converting a motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle, including the original cost of the vehicle; and

(B) A comparably equipped dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle;

(16) "Other renewable resources" means any material that can be recycled, regenerated, reclaimed, or reused;

(17) "State agency" means any office, board, commission, department, council, bureau, or other entity created by the General Assembly; and

(18) "Synthetic transportation fuel" means a liquid fuel produced from biomass by a gasification process or other refining process that meets any applicable state or federal environmental requirement.

Amended by Act 2015, No. 1149,§ 9, eff. 7/22/2015.

Amended by Act 2013, No. 152,§ 3, eff. 2/26/2013.

Amended by Act 2013, No. 152,§ 2, eff. 2/26/2013.

Amended by Act 2013, No. 152,§ 1, eff. 2/26/2013.

Acts 2007, No. 699, § 1; 2007, No. 873, § 1; 2009, No. 977, § 1; 2011, No. 347, § 1; 2011, No. 734, § 1; 2011, No. 832, § 1; 2011, No. 1165, § 1.
Ark. Code Ann. § 15-32-501 — AR Code / Title 15 / Chapter 32 / Subchapter 5 / Section 15-32-501
Co-owners and coheirs - Definition
Status: in_force

(a) A co-owner or coheir of land may execute an act of timber sale whereby he or she sells his or her undivided interest in the timber, and any condition imposing a time period within which to remove the timber shall commence from the date of its execution. (b) (1) A buyer may purchase the timber from unknown or unlocatable co-owners or coheirs of land and may remove the timber without the consent of the unknown or unlocatable co-owners or coheirs when: (A) At least sixty percent (60%) of the ownership interest in the land has consented; (B) He or she has made a diligent search and inquiry for any unknown or unlocatable co-owners or coheirs, including publishing a notice in a newspaper of general circulation in the county in which the property is located in accordance with subdivision (b)(2) of this section, and after diligent search and inquiry, he or she is unable to ascertain and locate any other co-owners or coheirs; and (C) (i) He or she has filed with the circuit clerk of the county in which the property is located a record of: (a) His or her diligent search and inquiry that was unable to ascertain and locate any other co-owners or coheirs, together with a certificate of affirmation under the penalties of perjury that the facts stated therein are within his or her personal knowledge and are true, for which the circuit clerk may charge the same fees as are allowed by law for similar services; and (b) The timber sale contract offer made to any co-owner or coheir who failed or refused to execute the timber sale contract offer. (ii) The circuit clerk shall maintain these records for a period of five (5) years. (2) (A) The notice required by this section shall be published weekly for two (2) consecutive weeks in a newspaper having general circulation in the county in which the land is located, the last date of publication being not more than forty (40) nor less than twenty (20) days from the date on which timber may be removed from the property pursuant to a proposed contract. (B) The notice shall contain: (i) A description of the real property on which the timber is located; (ii) The names and addresses of the known owners; (iii) The names and addresses of the potential buyers; (iv) A statement that the potential buyers and the known owners of the property intend to enter into a contract for the removal of timber from the land described; (v) The date on which timber, pursuant to the intended contract, may be removed from the land; (vi) The name and address of the person to whom an unknown owner may make his or her interest known; and (vii) A statement that any unknown owner must make his or her interest known before the date that timber may be removed from the land pursuant to the intended contract. (3) A buyer who does not conduct a diligent search and inquiry shall be liable in treble damages to any alleged unknown or unlocatable co-owners or coheirs. (4) A buyer who knows and locates but does not offer a timber sale contract to a co-owner or coheir with the same terms offered the other co-owners or coheirs shall be liable in treble damages to the co-owner or coheir. (c) The consenting co-owners or coheirs shall agree to indemnify and hold harmless the nonconsenting co-owners or coheirs for any damage or injury claims which may result from timber operations resulting from the sale of the timber. (d) (1) If the nonconsenting co-owner or coheir fails or refuses to claim his or her portion of the sale price of the timber, the buyer shall transmit to the clerk of the circuit court for deposit into the registry of the circuit court that portion of the sales price, there to be held in escrow for and on behalf of the nonconsenting co-owner or coheir, and any interest or other income earned by the funds shall inure to the benefit of the co-owner or coheir. (2) Any of the funds not claimed within seven (7) years after deposit into the registry of the circuit court shall escheat to the county from which the timber was severed. (e) Failure to comply with the provisions of this section shall constitute prima facie evidence of the intent to commit theft of the timber by the buyer. (f) As used in this section, "unknown or unlocatable co-owners or coheirs" means co-owners or coheirs who: (1) Cannot be identified or whose location cannot be determined; or (2) Were offered a timber sale contract but refused to execute the timber sale contract. Amended by Act 2023, No. 253,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 253,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 253,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 253,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 451,§ 1, eff. 7/24/2019. Acts 1995, No. 775, § 1.

(a) A co-owner or coheir of land may execute an act of timber sale whereby he or she sells his or her undivided interest in the timber, and any condition imposing a time period within which to remove the timber shall commence from the date of its execution.

(b) (1) A buyer may purchase the timber from unknown or unlocatable co-owners or coheirs of land and may remove the timber without the consent of the unknown or unlocatable co-owners or coheirs when: (A) At least sixty percent (60%) of the ownership interest in the land has consented; (B) He or she has made a diligent search and inquiry for any unknown or unlocatable co-owners or coheirs, including publishing a notice in a newspaper of general circulation in the county in which the property is located in accordance with subdivision (b)(2) of this section, and after diligent search and inquiry, he or she is unable to ascertain and locate any other co-owners or coheirs; and (C) (i) He or she has filed with the circuit clerk of the county in which the property is located a record of: (a) His or her diligent search and inquiry that was unable to ascertain and locate any other co-owners or coheirs, together with a certificate of affirmation under the penalties of perjury that the facts stated therein are within his or her personal knowledge and are true, for which the circuit clerk may charge the same fees as are allowed by law for similar services; and (b) The timber sale contract offer made to any co-owner or coheir who failed or refused to execute the timber sale contract offer. (ii) The circuit clerk shall maintain these records for a period of five (5) years. (2) (A) The notice required by this section shall be published weekly for two (2) consecutive weeks in a newspaper having general circulation in the county in which the land is located, the last date of publication being not more than forty (40) nor less than twenty (20) days from the date on which timber may be removed from the property pursuant to a proposed contract. (B) The notice shall contain: (i) A description of the real property on which the timber is located; (ii) The names and addresses of the known owners; (iii) The names and addresses of the potential buyers; (iv) A statement that the potential buyers and the known owners of the property intend to enter into a contract for the removal of timber from the land described; (v) The date on which timber, pursuant to the intended contract, may be removed from the land; (vi) The name and address of the person to whom an unknown owner may make his or her interest known; and (vii) A statement that any unknown owner must make his or her interest known before the date that timber may be removed from the land pursuant to the intended contract. (3) A buyer who does not conduct a diligent search and inquiry shall be liable in treble damages to any alleged unknown or unlocatable co-owners or coheirs. (4) A buyer who knows and locates but does not offer a timber sale contract to a co-owner or coheir with the same terms offered the other co-owners or coheirs shall be liable in treble damages to the co-owner or coheir.

(1) A buyer may purchase the timber from unknown or unlocatable co-owners or coheirs of land and may remove the timber without the consent of the unknown or unlocatable co-owners or coheirs when: (A) At least sixty percent (60%) of the ownership interest in the land has consented; (B) He or she has made a diligent search and inquiry for any unknown or unlocatable co-owners or coheirs, including publishing a notice in a newspaper of general circulation in the county in which the property is located in accordance with subdivision (b)(2) of this section, and after diligent search and inquiry, he or she is unable to ascertain and locate any other co-owners or coheirs; and (C) (i) He or she has filed with the circuit clerk of the county in which the property is located a record of: (a) His or her diligent search and inquiry that was unable to ascertain and locate any other co-owners or coheirs, together with a certificate of affirmation under the penalties of perjury that the facts stated therein are within his or her personal knowledge and are true, for which the circuit clerk may charge the same fees as are allowed by law for similar services; and (b) The timber sale contract offer made to any co-owner or coheir who failed or refused to execute the timber sale contract offer. (ii) The circuit clerk shall maintain these records for a period of five (5) years.

(A) At least sixty percent (60%) of the ownership interest in the land has consented;

(B) He or she has made a diligent search and inquiry for any unknown or unlocatable co-owners or coheirs, including publishing a notice in a newspaper of general circulation in the county in which the property is located in accordance with subdivision (b)(2) of this section, and after diligent search and inquiry, he or she is unable to ascertain and locate any other co-owners or coheirs; and

(C) (i) He or she has filed with the circuit clerk of the county in which the property is located a record of: (a) His or her diligent search and inquiry that was unable to ascertain and locate any other co-owners or coheirs, together with a certificate of affirmation under the penalties of perjury that the facts stated therein are within his or her personal knowledge and are true, for which the circuit clerk may charge the same fees as are allowed by law for similar services; and (b) The timber sale contract offer made to any co-owner or coheir who failed or refused to execute the timber sale contract offer. (ii) The circuit clerk shall maintain these records for a period of five (5) years.

(i) He or she has filed with the circuit clerk of the county in which the property is located a record of: (a) His or her diligent search and inquiry that was unable to ascertain and locate any other co-owners or coheirs, together with a certificate of affirmation under the penalties of perjury that the facts stated therein are within his or her personal knowledge and are true, for which the circuit clerk may charge the same fees as are allowed by law for similar services; and (b) The timber sale contract offer made to any co-owner or coheir who failed or refused to execute the timber sale contract offer.

(a) His or her diligent search and inquiry that was unable to ascertain and locate any other co-owners or coheirs, together with a certificate of affirmation under the penalties of perjury that the facts stated therein are within his or her personal knowledge and are true, for which the circuit clerk may charge the same fees as are allowed by law for similar services; and

(b) The timber sale contract offer made to any co-owner or coheir who failed or refused to execute the timber sale contract offer.

(ii) The circuit clerk shall maintain these records for a period of five (5) years.

(2) (A) The notice required by this section shall be published weekly for two (2) consecutive weeks in a newspaper having general circulation in the county in which the land is located, the last date of publication being not more than forty (40) nor less than twenty (20) days from the date on which timber may be removed from the property pursuant to a proposed contract. (B) The notice shall contain: (i) A description of the real property on which the timber is located; (ii) The names and addresses of the known owners; (iii) The names and addresses of the potential buyers; (iv) A statement that the potential buyers and the known owners of the property intend to enter into a contract for the removal of timber from the land described; (v) The date on which timber, pursuant to the intended contract, may be removed from the land; (vi) The name and address of the person to whom an unknown owner may make his or her interest known; and (vii) A statement that any unknown owner must make his or her interest known before the date that timber may be removed from the land pursuant to the intended contract.

(A) The notice required by this section shall be published weekly for two (2) consecutive weeks in a newspaper having general circulation in the county in which the land is located, the last date of publication being not more than forty (40) nor less than twenty (20) days from the date on which timber may be removed from the property pursuant to a proposed contract.

(B) The notice shall contain: (i) A description of the real property on which the timber is located; (ii) The names and addresses of the known owners; (iii) The names and addresses of the potential buyers; (iv) A statement that the potential buyers and the known owners of the property intend to enter into a contract for the removal of timber from the land described; (v) The date on which timber, pursuant to the intended contract, may be removed from the land; (vi) The name and address of the person to whom an unknown owner may make his or her interest known; and (vii) A statement that any unknown owner must make his or her interest known before the date that timber may be removed from the land pursuant to the intended contract.

(i) A description of the real property on which the timber is located;

(ii) The names and addresses of the known owners;

(iii) The names and addresses of the potential buyers;

(iv) A statement that the potential buyers and the known owners of the property intend to enter into a contract for the removal of timber from the land described;

(v) The date on which timber, pursuant to the intended contract, may be removed from the land;

(vi) The name and address of the person to whom an unknown owner may make his or her interest known; and

(vii) A statement that any unknown owner must make his or her interest known before the date that timber may be removed from the land pursuant to the intended contract.

(3) A buyer who does not conduct a diligent search and inquiry shall be liable in treble damages to any alleged unknown or unlocatable co-owners or coheirs.

(4) A buyer who knows and locates but does not offer a timber sale contract to a co-owner or coheir with the same terms offered the other co-owners or coheirs shall be liable in treble damages to the co-owner or coheir.

(c) The consenting co-owners or coheirs shall agree to indemnify and hold harmless the nonconsenting co-owners or coheirs for any damage or injury claims which may result from timber operations resulting from the sale of the timber.

(d) (1) If the nonconsenting co-owner or coheir fails or refuses to claim his or her portion of the sale price of the timber, the buyer shall transmit to the clerk of the circuit court for deposit into the registry of the circuit court that portion of the sales price, there to be held in escrow for and on behalf of the nonconsenting co-owner or coheir, and any interest or other income earned by the funds shall inure to the benefit of the co-owner or coheir. (2) Any of the funds not claimed within seven (7) years after deposit into the registry of the circuit court shall escheat to the county from which the timber was severed.

(1) If the nonconsenting co-owner or coheir fails or refuses to claim his or her portion of the sale price of the timber, the buyer shall transmit to the clerk of the circuit court for deposit into the registry of the circuit court that portion of the sales price, there to be held in escrow for and on behalf of the nonconsenting co-owner or coheir, and any interest or other income earned by the funds shall inure to the benefit of the co-owner or coheir.

(2) Any of the funds not claimed within seven (7) years after deposit into the registry of the circuit court shall escheat to the county from which the timber was severed.

(e) Failure to comply with the provisions of this section shall constitute prima facie evidence of the intent to commit theft of the timber by the buyer.

(f) As used in this section, "unknown or unlocatable co-owners or coheirs" means co-owners or coheirs who: (1) Cannot be identified or whose location cannot be determined; or (2) Were offered a timber sale contract but refused to execute the timber sale contract.

(1) Cannot be identified or whose location cannot be determined; or

(2) Were offered a timber sale contract but refused to execute the timber sale contract.

Amended by Act 2023, No. 253,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 253,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 253,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 253,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 451,§ 1, eff. 7/24/2019.

Acts 1995, No. 775, § 1.
Ark. Code Ann. § 15-4-1228 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1228
Investigations by Bank Commissioner and Securities Commissioner - Injunctions
Status: in_force

(a) The Bank Commissioner may investigate, either upon complaint or otherwise, when it appears that a county or regional industrial development company is conducting its business in an unsafe and injurious manner or in violation of this subchapter or the rules promulgated under this subchapter by the Bank Commissioner or when it appears that any person is engaging in the business without being approved under the provisions of this subchapter. (b) The Securities Commissioner, in consultation with the Bank Commissioner, may investigate, either upon complaint or otherwise, when it appears that a county or regional industrial development company is offering its securities in violation of § 15-4-1220 or is otherwise violating the provisions of Arkansas law that come under the jurisdiction of the Securities Commissioner. (c) (1) Subject to the jurisdictional provisions of subsections (a) and (b) of this section, whenever it appears upon sufficient grounds or evidence satisfactory to the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, that any county or regional industrial development company has engaged in or is about to engage in any act or practice in violation of this subchapter or any rule or order under this subchapter, or the assets or capital of any county or regional industrial development company is impaired or the county or regional industrial development company's affairs are in an unsafe condition, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may: (A) Refer the evidence which is available concerning violations of this subchapter or any rule or order under this subchapter to the appropriate agency, which may institute the appropriate corrective action or proceedings with or without the reference; or (B) (i) Summarily order the county or regional industrial development company to cease and desist from the act or practice during the time the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply to the Pulaski County Circuit Court to enjoin the act or practice and to enforce compliance with this subchapter or any rule or order under this subchapter. (ii) However, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply directly to the Pulaski County Circuit Court for injunctive relief without issuing a cease and desist order. (2) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the county or regional industrial development company or its assets. (3) The court may not require the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, to post a bond. (4) In addition to any other remedy provided in this subchapter or under applicable law, the costs of the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, incurred in successfully prosecuting violations of this subchapter may be imposed by the court as additional damages payable by the company. (d) A copy of all reports of the investigation or other proceedings conducted pursuant to this section shall be forwarded to the Secretary of the Department of Finance and Administration. Amended by Act 2023, No. 475,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1063, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1062, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3397, eff. 7/1/2019. Acts 1997, No. 904, § 2; 1999, No. 37, § 27.

(a) The Bank Commissioner may investigate, either upon complaint or otherwise, when it appears that a county or regional industrial development company is conducting its business in an unsafe and injurious manner or in violation of this subchapter or the rules promulgated under this subchapter by the Bank Commissioner or when it appears that any person is engaging in the business without being approved under the provisions of this subchapter.

(b) The Securities Commissioner, in consultation with the Bank Commissioner, may investigate, either upon complaint or otherwise, when it appears that a county or regional industrial development company is offering its securities in violation of § 15-4-1220 or is otherwise violating the provisions of Arkansas law that come under the jurisdiction of the Securities Commissioner.

(c) (1) Subject to the jurisdictional provisions of subsections (a) and (b) of this section, whenever it appears upon sufficient grounds or evidence satisfactory to the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, that any county or regional industrial development company has engaged in or is about to engage in any act or practice in violation of this subchapter or any rule or order under this subchapter, or the assets or capital of any county or regional industrial development company is impaired or the county or regional industrial development company's affairs are in an unsafe condition, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may: (A) Refer the evidence which is available concerning violations of this subchapter or any rule or order under this subchapter to the appropriate agency, which may institute the appropriate corrective action or proceedings with or without the reference; or (B) (i) Summarily order the county or regional industrial development company to cease and desist from the act or practice during the time the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply to the Pulaski County Circuit Court to enjoin the act or practice and to enforce compliance with this subchapter or any rule or order under this subchapter. (ii) However, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply directly to the Pulaski County Circuit Court for injunctive relief without issuing a cease and desist order. (2) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the county or regional industrial development company or its assets. (3) The court may not require the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, to post a bond. (4) In addition to any other remedy provided in this subchapter or under applicable law, the costs of the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, incurred in successfully prosecuting violations of this subchapter may be imposed by the court as additional damages payable by the company.

(1) Subject to the jurisdictional provisions of subsections (a) and (b) of this section, whenever it appears upon sufficient grounds or evidence satisfactory to the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, that any county or regional industrial development company has engaged in or is about to engage in any act or practice in violation of this subchapter or any rule or order under this subchapter, or the assets or capital of any county or regional industrial development company is impaired or the county or regional industrial development company's affairs are in an unsafe condition, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may: (A) Refer the evidence which is available concerning violations of this subchapter or any rule or order under this subchapter to the appropriate agency, which may institute the appropriate corrective action or proceedings with or without the reference; or (B) (i) Summarily order the county or regional industrial development company to cease and desist from the act or practice during the time the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply to the Pulaski County Circuit Court to enjoin the act or practice and to enforce compliance with this subchapter or any rule or order under this subchapter. (ii) However, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply directly to the Pulaski County Circuit Court for injunctive relief without issuing a cease and desist order.

(A) Refer the evidence which is available concerning violations of this subchapter or any rule or order under this subchapter to the appropriate agency, which may institute the appropriate corrective action or proceedings with or without the reference; or

(B) (i) Summarily order the county or regional industrial development company to cease and desist from the act or practice during the time the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply to the Pulaski County Circuit Court to enjoin the act or practice and to enforce compliance with this subchapter or any rule or order under this subchapter. (ii) However, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply directly to the Pulaski County Circuit Court for injunctive relief without issuing a cease and desist order.

(i) Summarily order the county or regional industrial development company to cease and desist from the act or practice during the time the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply to the Pulaski County Circuit Court to enjoin the act or practice and to enforce compliance with this subchapter or any rule or order under this subchapter.

(ii) However, the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, may apply directly to the Pulaski County Circuit Court for injunctive relief without issuing a cease and desist order.

(2) Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted and a receiver or conservator may be appointed for the county or regional industrial development company or its assets.

(3) The court may not require the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, to post a bond.

(4) In addition to any other remedy provided in this subchapter or under applicable law, the costs of the Bank Commissioner or the Securities Commissioner, in consultation with the Bank Commissioner, incurred in successfully prosecuting violations of this subchapter may be imposed by the court as additional damages payable by the company.

(d) A copy of all reports of the investigation or other proceedings conducted pursuant to this section shall be forwarded to the Secretary of the Department of Finance and Administration.

Amended by Act 2023, No. 475,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1063, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1062, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3397, eff. 7/1/2019.

Acts 1997, No. 904, § 2; 1999, No. 37, § 27.
Ark. Code Ann. § 15-72-1104 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1104
Perfection of oil and gas security interest
Status: in_force

(a) An oil and gas lien is granted and exists as part of and incident to the ownership of an oil and gas right and is perfected automatically without the need to file a financing statement or other type of documentation. (b) An oil and gas lien exists and is perfected as of July 28, 2021. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) An oil and gas lien is granted and exists as part of and incident to the ownership of an oil and gas right and is perfected automatically without the need to file a financing statement or other type of documentation.

(b) An oil and gas lien exists and is perfected as of July 28, 2021.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-75-108 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-108
Dealers' safety meetings for employees
Status: in_force

Each dealer authorized to engage in the liquefied petroleum gas business generally in this state, in conjunction with representatives of the Liquefied Petroleum Gas Board, an insurance company, or other recognized safety organization, shall conduct with all employees handling liquefied petroleum gases one (1) general safety meeting during each twelve-month period. Acts 1965, No. 31, § 23; A.S.A. 1947, § 53-722; Acts 1995, No. 477, § 1.

Each dealer authorized to engage in the liquefied petroleum gas business generally in this state, in conjunction with representatives of the Liquefied Petroleum Gas Board, an insurance company, or other recognized safety organization, shall conduct with all employees handling liquefied petroleum gases one (1) general safety meeting during each twelve-month period.

Acts 1965, No. 31, § 23; A.S.A. 1947, § 53-722; Acts 1995, No. 477, § 1.
Ark. Code Ann. § 15-22-1215 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1215
Monthly conservation fee
Status: in_force

(a) (1) Each registered and significant water user shall report monthly on or before the fifteenth day of the month to the Arkansas Natural Resources Commission and to the Sparta Aquifer critical groundwater county conservation board on a form or forms prescribed by the commission the quantity of aquifer water which it withdrew during the preceding month on a well-by-well basis. (2) The board shall set the date on which the conservation fee shall go into effect. (b) (1) Any conservation fee shall be payable each month, with the report provided for in subsection (a) of this section, to the county treasurer of the county. (2) Conservation fees shall be remitted to the board by the county treasurer after deduction of an amount equal to one-quarter of one percent (0.25%) thereof for payment or reimbursement of administrative expenses, on or before the first day of the month following the month in which the conservation fees were received. (c) All proceeds of the conservation fee shall be applied to defray the costs of the board for operation and maintenance of and debt service in relation to the improvement plan, including, but not limited to, the water facilities and to serve the purposes of this subchapter. (d) Any conservation fees which are determined to be delinquent for more than ninety (90) days shall constitute a lien on the real and personal property of each delinquent registered water user and significant water user and may be enforced against that property by an action in circuit court. Acts 1999, No. 1050, § 15.

(a) (1) Each registered and significant water user shall report monthly on or before the fifteenth day of the month to the Arkansas Natural Resources Commission and to the Sparta Aquifer critical groundwater county conservation board on a form or forms prescribed by the commission the quantity of aquifer water which it withdrew during the preceding month on a well-by-well basis. (2) The board shall set the date on which the conservation fee shall go into effect.

(1) Each registered and significant water user shall report monthly on or before the fifteenth day of the month to the Arkansas Natural Resources Commission and to the Sparta Aquifer critical groundwater county conservation board on a form or forms prescribed by the commission the quantity of aquifer water which it withdrew during the preceding month on a well-by-well basis.

(2) The board shall set the date on which the conservation fee shall go into effect.

(b) (1) Any conservation fee shall be payable each month, with the report provided for in subsection (a) of this section, to the county treasurer of the county. (2) Conservation fees shall be remitted to the board by the county treasurer after deduction of an amount equal to one-quarter of one percent (0.25%) thereof for payment or reimbursement of administrative expenses, on or before the first day of the month following the month in which the conservation fees were received.

(1) Any conservation fee shall be payable each month, with the report provided for in subsection (a) of this section, to the county treasurer of the county.

(2) Conservation fees shall be remitted to the board by the county treasurer after deduction of an amount equal to one-quarter of one percent (0.25%) thereof for payment or reimbursement of administrative expenses, on or before the first day of the month following the month in which the conservation fees were received.

(c) All proceeds of the conservation fee shall be applied to defray the costs of the board for operation and maintenance of and debt service in relation to the improvement plan, including, but not limited to, the water facilities and to serve the purposes of this subchapter.

(d) Any conservation fees which are determined to be delinquent for more than ninety (90) days shall constitute a lien on the real and personal property of each delinquent registered water user and significant water user and may be enforced against that property by an action in circuit court.

Acts 1999, No. 1050, § 15.
Ark. Code Ann. § 15-55-203 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-203
[Repealed]
Status: repealed

Repealed by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1963, No. 16, § 7; A.S.A. 1947, § 9-400.6.

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

Acts 1963, No. 16, § 7; A.S.A. 1947, § 9-400.6.
Ark. Code Ann. § 15-20-204 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-204
Organization
Status: in_force

The Arkansas Natural Resources Commission shall from time to time select from its membership a chair and a vice chair. Amended by Act 2019, No. 910,§ 57, eff. 7/1/2019. Acts 1963, No. 14, § 7; A.S.A. 1947, § 9-124.

The Arkansas Natural Resources Commission shall from time to time select from its membership a chair and a vice chair.

Amended by Act 2019, No. 910,§ 57, eff. 7/1/2019.

Acts 1963, No. 14, § 7; A.S.A. 1947, § 9-124.
Ark. Code Ann. § 15-4-2703 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2703
Definitions
Status: in_force

As used in this subchapter: (1) "Applied research" means any activity that applies the findings of basic research or other existing knowledge toward discovering new scientific knowledge that has specific commercial objectives with respect to new products, services, processes, or methods; (2) (A) "Average hourly wage" means the amount obtained when payroll, as defined in this section, is divided by the number of hours worked to earn the payroll. (B) For the purpose of subdivision (2)(A) of this section, forty (40) hours per week shall be used as the number of hours worked for a salaried employee; (3) "Basic research" means the pursuit of new scientific knowledge or understanding that does not have specific immediate commercial objectives, although the pursuit may be in fields of present or potential commercial interest; (4) "Contractual employee" means an employee who: (A) May be included in the payroll calculations of a qualified business under this subchapter and is under the direct supervision of the qualified business receiving incentives under this subchapter, but is an employee of a business other than the one receiving incentives under this subchapter; (B) Otherwise meets the requirements of a new full-time permanent employee of the qualified business receiving incentives under this subchapter; and (C) Receives a benefits package comparable to direct employees of the qualified business receiving incentives under this subchapter; (5) (A) "Corporate headquarters" means a facility or portion of a facility where the majority of an eligible business's financial, human resources, engineering, legal, strategic planning, information technology, corporate communications, marketing, or other headquarters-related functions are effectuated on either a regional basis or a national basis under the direction of principal executive officers, including without limitation chief executive officers, chief operating officers, chief financial officers, or other senior-level officers based at the facility. (B) A corporate headquarters shall be either a regional corporate headquarters or a national corporate headquarters. (C) The Director of the Arkansas Economic Development Commission, with advice from the Secretary of the Department of Finance and Administration, may determine eligibility for a corporate headquarters facility if a difference exists between a business's disclosed corporate headquarters functions and its North American Industry Classification System primary business activity code; (6) (A) "County or state average hourly wage" means the weighted average weekly earnings for Arkansans in all industries, both statewide and countywide, as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40). (B) The average hourly wage threshold determined at the approval date of the financial incentive agreement is the threshold for the term of the financial incentive agreement; (7) "Distribution center" means a facility for the reception, storage, and shipping of: (A) A business's own products or products that the business wholesales to retail businesses or ships to its own retail outlets if seventy-five percent (75%) of the sales revenue is from out-of-state customers; (B) Products owned by other companies with which the business has contracts for storage and shipping if seventy-five percent (75%) of the sales revenue of the product owner is from out-of-state customers; or (C) Products for sale to the general public if seventy-five percent (75%) of the sales revenue is from out-of-state customers; (8) "Eligible businesses" means nonretail businesses engaged in commerce for profit that meet the eligibility requirements for the applicable incentive offered by this subchapter and fall into one (1) or more of the following categories: (A) Manufacturers classified in sectors 31-33 in the North American Industry Classification System, as in effect January 1, 2017; (B) (i) Businesses primarily engaged in the design and development of software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (C) (i) Businesses primarily engaged in film and digital product productions and postproductions. (ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (D) Distribution centers or intermodal facilities; (E) Office sector businesses; (F) National or regional corporate headquarters, as classified by the North American Industry Classification System Code 551114, as in effect January 1, 2017, or as determined by the Director of the Arkansas Economic Development Commission under subdivision (5)(C) of this section; (G) Businesses primarily engaged in research and development in the physical, engineering, and life sciences, as classified in the North American Industry Classification System Codes 541713, 541714, and 541715, as in effect January 1, 2017; (H) (i) Scientific and technical services businesses. (ii) (a) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (b) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred fifty percent (150%) of the lesser of the county or state average hourly wage for the county in which the business locates or expands; (I) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible business if the following conditions exist: (i) The business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (ii) The average hourly wage paid by the business to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (J) (i) Businesses primarily engaged in other support activities for air transportation, as classified in the North American Industry Classification System Code 488190, as in effect on January 1, 2017. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (K) (i) Businesses primarily engaged in support activities for rail transportation, as classified in the North American Industry Classification System Code 488210, as in effect on January 1, 2017. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state; and (L) Businesses primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System; (9) "Equity investment" means capital invested in common or preferred stock, royalty or intellectual property rights, limited partnership interests, limited liability company interests, and any other securities or rights that evidence ownership in private businesses, including a federal agency's award of a Small Business Innovation Research grant or a Small Business Technology Transfer grant; (10) (A) "Existing employees" means those employees hired by a business before the date the financial incentive agreement was approved. (B) Existing employees may be considered new full-time permanent employees only if: (i) The position or job filled by the existing employee was created in accordance with the approved financial incentive agreement; and (ii) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (C) If the Director of the Arkansas Economic Development Commission and the secretary find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; (11) "Facility" means a single physical location, which may consist of multiple structures of an eligible business that are conducting similar or complementary activities located on noncontiguous property within the same county, at which the eligible business is conducting its operations; (12) "Film and digital product" means video images and other visual media entertainment content in digital format, film, or videotape, if the video images and other visual media entertainment content meet all the underlying criteria of a qualified production under the Digital Product and Motion Picture Industry Development Act of 2009, § 15-4-2001 et seq., including without limitation: (A) A motion picture; (B) A documentary; (C) A long-form program; (D) A special; (E) A mini-series; (F) A series; (G) A music video; (H) Television programming; (I) Interactive television; (J) An interactive game; (K) A video game; (L) A commercial; (M) Digital media for distribution or exhibition to the general public; and (N) A trailer, pilot, video teaser, or demo created primarily to stimulate the sale, marketing, promotion, or exploitation of future investment; (13) "Financial incentive agreement" means an agreement entered into by an eligible business and the Arkansas Economic Development Commission to provide the business an incentive to locate a new business or to expand or retain an existing business in Arkansas; (14) "Governing authority" means the quorum court of a county or the governing body of a municipality; (15) (A) (i) "In-house research" means applied research supported by the business through the payment of wages and usual fringe benefits specific to research activities of employees of the business or for wages and usual fringe benefits paid through contractual agreements, approved in writing by the Director of the Arkansas Economic Development Commission, with an Arkansas state college, an Arkansas state university, or other Arkansas-based research organization to perform research for a targeted business. (ii) "In-house research" includes experimental, clinical, or laboratory activity to develop new products, improve existing products, or develop new uses of products, but only to the extent that activity is conducted in Arkansas. (B) "In-house research" does not include tests or inspections of materials or products for quality control, efficiency surveys, management studies, other market research, supplies, the purchase of land, the purchase or rehabilitation of production machinery and equipment, the construction or renovation of buildings, or any other ordinary and necessary expenses of conducting business; (16) "Intellectual property" means an invention, discovery, or new idea that the legal entity responsible for commercialization has legally protected for possible commercial gain, based on the disclosure of the creator; (17) "Intermodal facility" means a facility with more than one (1) mode of interconnected movement of freight or commerce; (18) "Investment threshold" means the minimum amount of investment in project costs that must be incurred to qualify for eligibility; (19) "Invests" or "investment" means money expended by or on behalf of a qualified business that seeks to begin or expand operations in Arkansas, and without this infusion of capital, the location or expansion may not take place; (20) "Lease" means a right to possession of real property for a specific term in return for consideration, as determined in a lease agreement by both parties; (21) (A) "Modernization" means an increase in efficiency or productivity of a business through investment in machinery or equipment, or both. (B) "Modernization" does not include costs for routine maintenance or the installation of equipment that does not improve efficiency or productivity, except for expenditures for pollution control equipment mandated by state laws or rules, or federal laws or regulations; (22) "National corporate headquarters" means the sole corporate headquarters in the nation that handles headquarters-related functions on a national basis; (23) (A) (i) "New full-time permanent employee" means a position or job that was created pursuant to an approved financial incentive agreement and that is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at the facility identified in the financial incentive agreement. (2) New employees who do not work at the facility may be counted if they: (A) Otherwise meet the definition of "new full-time permanent employee"; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (c) Are not existing employees, except as allowed under subdivision (10) of this section. (ii) The position or job held by the employee or employees shall have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week. (B) However, to qualify under this subchapter, a contractual employee shall be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter; (24) "Nonretail business" means a business that is not classified in North American Industry Classification System sectors 44-45, as in effect on January 1, 2017; (25) (A) "Office sector business" means business operations that support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions. (B) All businesses in this group shall be nonretail businesses and derive at least seventy-five percent (75%) of their sales revenue from out of state; (26) "Payroll" means the total taxable wages, including overtime and bonuses, paid during the preceding tax year of the eligible business to new full-time permanent employees hired after the date of the approved financial incentive agreement; (27) (A) "Person" means an individual, trust, estate, fiduciary, firm, joint venture, proprietorship, partnership, limited liability company, or corporation. (B) "Person" includes: (i) The directors, officers, agents, and employees of any person; (ii) Beneficiaries, members, managers, and partners; and (iii) Any county or municipal subdivision of the state; (28) "Preconstruction costs" means the costs of eligible items incurred before the start of construction, including: (A) Project planning costs; (B) Architectural and engineering fees; (C) Right-of-way purchases; (D) Utility extensions; (E) Site preparations; (F) Purchase of mineral rights; (G) Building demolition; (H) Builders risk insurance; (I) Capitalized start-up costs; (J) Deposits and process payments on eligible machinery and equipment; and (K) Other costs necessary to prepare for the start of construction; (29) (A) "Project costs" means costs associated with the: (i) Construction of a new plant or facility, including without limitation land, building, machinery and equipment, or support infrastructure; (ii) Expansion of an established plant or facility by adding to the building, machinery and equipment, or support infrastructure; or (iii) Modernization of an established plant or facility through the replacement of machinery and equipment or support infrastructure that improves efficiency or productivity. (B) "Project costs" does not include: (i) Expenditures for routine repair and maintenance that do not result in new construction, expansion, or modernization; (ii) Routine operating expenditures; (iii) Expenditures incurred at multiple facilities; or (iv) The purchase or acquisition of an existing business unless: (a) There is sufficient documentation that the existing business was closed or will close; and (b) The purchase of the existing business will result in the retention of jobs that would have been lost due to the closure. (C) Eligible project costs must be incurred within: (i) Four (4) years from the date a financial incentive agreement was approved by the commission; or (ii) Six (6) years from the date a financial incentive agreement was approved by the commission in connection with a project qualifying for retention tax credits under § 15-4-2706(c)(1)(A) and approved on or after June 22, 2017; (30) "Project plan" means a plan submitted to the commission containing the information required by the Director of the Arkansas Economic Development Commission to determine eligibility for incentives under this subchapter; (31) "Qualified business" means an eligible business that: (A) Has met the qualifications for one (1) or more economic development incentives authorized by this subchapter; and (B) Has signed a financial incentive agreement that has been approved by the commission; (32) "Qualified research expenditures" means the sum of any amounts that are paid or incurred by an Arkansas taxpayer during the taxable year in funding a qualified research program that has been approved for tax credit treatment under rules promulgated by the commission; (33) "Region" or "regional" means a geographic area comprised of two (2) or more states, including this state and at least one (1) state that is contiguous to this state; (34) (A) "Regional corporate headquarters" means a facility or portion of the facility in which the majority of an eligible business's financial, human resources, engineering, legal, strategic planning, information technology, corporate communications, marketing, or other headquarters-related functions are effectuated on a regional basis under the direction of principal executive officers, including without limitation chief executive officers, chief operating officers, chief financial officers, or other senior-level officers based at the facility. (B) However, a function on a regional basis does not include a function involving manufacturing, processing, warehousing, distributing, or wholesaling activities or the operation of a call center; (35) "Scientific and technical services business" means a business: (A) Primarily engaged in performing scientific and technical activities for others, including: (i) Architectural and engineering design; (ii) Computer programming and computer systems design; and (iii) Scientific research and development in the physical, biological, and engineering sciences; (B) Deriving at least fifty-one percent (51%) of its sales revenue from out of state; and (C) Paying employees whose payroll is subject to incentives under this subchapter average hourly wages exceeding one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (36) "Start of construction" means any activity that causes a physical change to the building or property, or both, identified as the site of the approved project, but excluding preconstruction costs; (37) "Strategic research" means research that has strategic economic or long-term commercial value to the state and that is identified in the research and development plan approved by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission; (38) "Support infrastructure" means physical assets necessary for the business to operate, including without limitation water systems, wastewater systems, gas and electric utilities, roads, bridges, parking lots, and communications infrastructure; (39) "Targeted businesses" means a grouping of growing business sectors, not to exceed six (6), that include the following: (A) Advanced materials and manufacturing systems; (B) Agriculture, food, and environmental sciences; (C) Biotechnology, bioengineering, and life sciences; (D) Information technology; (E) Transportation logistics; and (F) Bio-based products; and (40) "Tiers" means the ranking of the seventy-five (75) counties of Arkansas into four (4) divisions that delineate the economic prosperity of the counties and allow for different levels of incentives under this subchapter. Amended by Act 2023, No. 834,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 911,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 1074, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1073, eff. 7/24/2019. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 397, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 396, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 395, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 394, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 393, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 392, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 391, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 97, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 96, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 95, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 94, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 93, eff. 7/1/2015. Amended by Act 2015EX1, No. 8,§ 92, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 97, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 96, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 95, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 94, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 93, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 92, eff. 7/1/2015. Acts 2003, No. 182, § 1; 2005, No. 1296, § 1; 2007, No. 1596, § 1; 2009, No. 716, §§ 3-5; 2011, No. 1197, § 1.

As used in this subchapter:

(1) "Applied research" means any activity that applies the findings of basic research or other existing knowledge toward discovering new scientific knowledge that has specific commercial objectives with respect to new products, services, processes, or methods;

(2) (A) "Average hourly wage" means the amount obtained when payroll, as defined in this section, is divided by the number of hours worked to earn the payroll. (B) For the purpose of subdivision (2)(A) of this section, forty (40) hours per week shall be used as the number of hours worked for a salaried employee;

(A) "Average hourly wage" means the amount obtained when payroll, as defined in this section, is divided by the number of hours worked to earn the payroll.

(B) For the purpose of subdivision (2)(A) of this section, forty (40) hours per week shall be used as the number of hours worked for a salaried employee;

(3) "Basic research" means the pursuit of new scientific knowledge or understanding that does not have specific immediate commercial objectives, although the pursuit may be in fields of present or potential commercial interest;

(4) "Contractual employee" means an employee who: (A) May be included in the payroll calculations of a qualified business under this subchapter and is under the direct supervision of the qualified business receiving incentives under this subchapter, but is an employee of a business other than the one receiving incentives under this subchapter; (B) Otherwise meets the requirements of a new full-time permanent employee of the qualified business receiving incentives under this subchapter; and (C) Receives a benefits package comparable to direct employees of the qualified business receiving incentives under this subchapter;

(A) May be included in the payroll calculations of a qualified business under this subchapter and is under the direct supervision of the qualified business receiving incentives under this subchapter, but is an employee of a business other than the one receiving incentives under this subchapter;

(B) Otherwise meets the requirements of a new full-time permanent employee of the qualified business receiving incentives under this subchapter; and

(C) Receives a benefits package comparable to direct employees of the qualified business receiving incentives under this subchapter;

(5) (A) "Corporate headquarters" means a facility or portion of a facility where the majority of an eligible business's financial, human resources, engineering, legal, strategic planning, information technology, corporate communications, marketing, or other headquarters-related functions are effectuated on either a regional basis or a national basis under the direction of principal executive officers, including without limitation chief executive officers, chief operating officers, chief financial officers, or other senior-level officers based at the facility. (B) A corporate headquarters shall be either a regional corporate headquarters or a national corporate headquarters. (C) The Director of the Arkansas Economic Development Commission, with advice from the Secretary of the Department of Finance and Administration, may determine eligibility for a corporate headquarters facility if a difference exists between a business's disclosed corporate headquarters functions and its North American Industry Classification System primary business activity code;

(A) "Corporate headquarters" means a facility or portion of a facility where the majority of an eligible business's financial, human resources, engineering, legal, strategic planning, information technology, corporate communications, marketing, or other headquarters-related functions are effectuated on either a regional basis or a national basis under the direction of principal executive officers, including without limitation chief executive officers, chief operating officers, chief financial officers, or other senior-level officers based at the facility.

(B) A corporate headquarters shall be either a regional corporate headquarters or a national corporate headquarters.

(C) The Director of the Arkansas Economic Development Commission, with advice from the Secretary of the Department of Finance and Administration, may determine eligibility for a corporate headquarters facility if a difference exists between a business's disclosed corporate headquarters functions and its North American Industry Classification System primary business activity code;

(6) (A) "County or state average hourly wage" means the weighted average weekly earnings for Arkansans in all industries, both statewide and countywide, as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40). (B) The average hourly wage threshold determined at the approval date of the financial incentive agreement is the threshold for the term of the financial incentive agreement;

(A) "County or state average hourly wage" means the weighted average weekly earnings for Arkansans in all industries, both statewide and countywide, as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40).

(B) The average hourly wage threshold determined at the approval date of the financial incentive agreement is the threshold for the term of the financial incentive agreement;

(7) "Distribution center" means a facility for the reception, storage, and shipping of: (A) A business's own products or products that the business wholesales to retail businesses or ships to its own retail outlets if seventy-five percent (75%) of the sales revenue is from out-of-state customers; (B) Products owned by other companies with which the business has contracts for storage and shipping if seventy-five percent (75%) of the sales revenue of the product owner is from out-of-state customers; or (C) Products for sale to the general public if seventy-five percent (75%) of the sales revenue is from out-of-state customers;

(A) A business's own products or products that the business wholesales to retail businesses or ships to its own retail outlets if seventy-five percent (75%) of the sales revenue is from out-of-state customers;

(B) Products owned by other companies with which the business has contracts for storage and shipping if seventy-five percent (75%) of the sales revenue of the product owner is from out-of-state customers; or

(C) Products for sale to the general public if seventy-five percent (75%) of the sales revenue is from out-of-state customers;

(8) "Eligible businesses" means nonretail businesses engaged in commerce for profit that meet the eligibility requirements for the applicable incentive offered by this subchapter and fall into one (1) or more of the following categories: (A) Manufacturers classified in sectors 31-33 in the North American Industry Classification System, as in effect January 1, 2017; (B) (i) Businesses primarily engaged in the design and development of software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (C) (i) Businesses primarily engaged in film and digital product productions and postproductions. (ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (D) Distribution centers or intermodal facilities; (E) Office sector businesses; (F) National or regional corporate headquarters, as classified by the North American Industry Classification System Code 551114, as in effect January 1, 2017, or as determined by the Director of the Arkansas Economic Development Commission under subdivision (5)(C) of this section; (G) Businesses primarily engaged in research and development in the physical, engineering, and life sciences, as classified in the North American Industry Classification System Codes 541713, 541714, and 541715, as in effect January 1, 2017; (H) (i) Scientific and technical services businesses. (ii) (a) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (b) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred fifty percent (150%) of the lesser of the county or state average hourly wage for the county in which the business locates or expands; (I) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible business if the following conditions exist: (i) The business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (ii) The average hourly wage paid by the business to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands; (J) (i) Businesses primarily engaged in other support activities for air transportation, as classified in the North American Industry Classification System Code 488190, as in effect on January 1, 2017. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state; (K) (i) Businesses primarily engaged in support activities for rail transportation, as classified in the North American Industry Classification System Code 488210, as in effect on January 1, 2017. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state; and (L) Businesses primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System;

(A) Manufacturers classified in sectors 31-33 in the North American Industry Classification System, as in effect January 1, 2017;

(B) (i) Businesses primarily engaged in the design and development of software, digital content production and preservation, computer processing and data preparation services, or information retrieval services. (ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(i) Businesses primarily engaged in the design and development of software, digital content production and preservation, computer processing and data preparation services, or information retrieval services.

(ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state.

(iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(C) (i) Businesses primarily engaged in film and digital product productions and postproductions. (ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(i) Businesses primarily engaged in film and digital product productions and postproductions.

(ii) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state.

(iii) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(D) Distribution centers or intermodal facilities;

(E) Office sector businesses;

(F) National or regional corporate headquarters, as classified by the North American Industry Classification System Code 551114, as in effect January 1, 2017, or as determined by the Director of the Arkansas Economic Development Commission under subdivision (5)(C) of this section;

(G) Businesses primarily engaged in research and development in the physical, engineering, and life sciences, as classified in the North American Industry Classification System Codes 541713, 541714, and 541715, as in effect January 1, 2017;

(H) (i) Scientific and technical services businesses. (ii) (a) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (b) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred fifty percent (150%) of the lesser of the county or state average hourly wage for the county in which the business locates or expands;

(i) Scientific and technical services businesses.

(ii) (a) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state. (b) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred fifty percent (150%) of the lesser of the county or state average hourly wage for the county in which the business locates or expands;

(a) All businesses in this group shall derive at least fifty-one percent (51%) of their sales revenue from out of state.

(b) The average hourly wage paid by businesses in this group to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred fifty percent (150%) of the lesser of the county or state average hourly wage for the county in which the business locates or expands;

(I) The Director of the Arkansas Economic Development Commission may classify a nonretail business as an eligible business if the following conditions exist: (i) The business receives at least fifty-one percent (51%) of its sales revenue from out of state; and (ii) The average hourly wage paid by the business to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

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

(ii) The average hourly wage paid by the business to employees whose payroll is subject to incentives under this subchapter shall exceed one hundred twenty-five percent (125%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(J) (i) Businesses primarily engaged in other support activities for air transportation, as classified in the North American Industry Classification System Code 488190, as in effect on January 1, 2017. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

(i) Businesses primarily engaged in other support activities for air transportation, as classified in the North American Industry Classification System Code 488190, as in effect on January 1, 2017.

(ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state;

(K) (i) Businesses primarily engaged in support activities for rail transportation, as classified in the North American Industry Classification System Code 488210, as in effect on January 1, 2017. (ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state; and

(i) Businesses primarily engaged in support activities for rail transportation, as classified in the North American Industry Classification System Code 488210, as in effect on January 1, 2017.

(ii) All businesses in this group shall derive at least seventy-five percent (75%) of their sales revenue from out of state; and

(L) Businesses primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System;

(9) "Equity investment" means capital invested in common or preferred stock, royalty or intellectual property rights, limited partnership interests, limited liability company interests, and any other securities or rights that evidence ownership in private businesses, including a federal agency's award of a Small Business Innovation Research grant or a Small Business Technology Transfer grant;

(10) (A) "Existing employees" means those employees hired by a business before the date the financial incentive agreement was approved. (B) Existing employees may be considered new full-time permanent employees only if: (i) The position or job filled by the existing employee was created in accordance with the approved financial incentive agreement; and (ii) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (C) If the Director of the Arkansas Economic Development Commission and the secretary find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees;

(A) "Existing employees" means those employees hired by a business before the date the financial incentive agreement was approved.

(B) Existing employees may be considered new full-time permanent employees only if: (i) The position or job filled by the existing employee was created in accordance with the approved financial incentive agreement; and (ii) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification.

(i) The position or job filled by the existing employee was created in accordance with the approved financial incentive agreement; and

(ii) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification.

(C) If the Director of the Arkansas Economic Development Commission and the secretary find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees;

(11) "Facility" means a single physical location, which may consist of multiple structures of an eligible business that are conducting similar or complementary activities located on noncontiguous property within the same county, at which the eligible business is conducting its operations;

(12) "Film and digital product" means video images and other visual media entertainment content in digital format, film, or videotape, if the video images and other visual media entertainment content meet all the underlying criteria of a qualified production under the Digital Product and Motion Picture Industry Development Act of 2009, § 15-4-2001 et seq., including without limitation: (A) A motion picture; (B) A documentary; (C) A long-form program; (D) A special; (E) A mini-series; (F) A series; (G) A music video; (H) Television programming; (I) Interactive television; (J) An interactive game; (K) A video game; (L) A commercial; (M) Digital media for distribution or exhibition to the general public; and (N) A trailer, pilot, video teaser, or demo created primarily to stimulate the sale, marketing, promotion, or exploitation of future investment;

(A) A motion picture;

(B) A documentary;

(C) A long-form program;

(D) A special;

(E) A mini-series;

(F) A series;

(G) A music video;

(H) Television programming;

(I) Interactive television;

(J) An interactive game;

(K) A video game;

(L) A commercial;

(M) Digital media for distribution or exhibition to the general public; and

(N) A trailer, pilot, video teaser, or demo created primarily to stimulate the sale, marketing, promotion, or exploitation of future investment;

(13) "Financial incentive agreement" means an agreement entered into by an eligible business and the Arkansas Economic Development Commission to provide the business an incentive to locate a new business or to expand or retain an existing business in Arkansas;

(14) "Governing authority" means the quorum court of a county or the governing body of a municipality;

(15) (A) (i) "In-house research" means applied research supported by the business through the payment of wages and usual fringe benefits specific to research activities of employees of the business or for wages and usual fringe benefits paid through contractual agreements, approved in writing by the Director of the Arkansas Economic Development Commission, with an Arkansas state college, an Arkansas state university, or other Arkansas-based research organization to perform research for a targeted business. (ii) "In-house research" includes experimental, clinical, or laboratory activity to develop new products, improve existing products, or develop new uses of products, but only to the extent that activity is conducted in Arkansas. (B) "In-house research" does not include tests or inspections of materials or products for quality control, efficiency surveys, management studies, other market research, supplies, the purchase of land, the purchase or rehabilitation of production machinery and equipment, the construction or renovation of buildings, or any other ordinary and necessary expenses of conducting business;

(A) (i) "In-house research" means applied research supported by the business through the payment of wages and usual fringe benefits specific to research activities of employees of the business or for wages and usual fringe benefits paid through contractual agreements, approved in writing by the Director of the Arkansas Economic Development Commission, with an Arkansas state college, an Arkansas state university, or other Arkansas-based research organization to perform research for a targeted business. (ii) "In-house research" includes experimental, clinical, or laboratory activity to develop new products, improve existing products, or develop new uses of products, but only to the extent that activity is conducted in Arkansas.

(i) "In-house research" means applied research supported by the business through the payment of wages and usual fringe benefits specific to research activities of employees of the business or for wages and usual fringe benefits paid through contractual agreements, approved in writing by the Director of the Arkansas Economic Development Commission, with an Arkansas state college, an Arkansas state university, or other Arkansas-based research organization to perform research for a targeted business.

(ii) "In-house research" includes experimental, clinical, or laboratory activity to develop new products, improve existing products, or develop new uses of products, but only to the extent that activity is conducted in Arkansas.

(B) "In-house research" does not include tests or inspections of materials or products for quality control, efficiency surveys, management studies, other market research, supplies, the purchase of land, the purchase or rehabilitation of production machinery and equipment, the construction or renovation of buildings, or any other ordinary and necessary expenses of conducting business;

(16) "Intellectual property" means an invention, discovery, or new idea that the legal entity responsible for commercialization has legally protected for possible commercial gain, based on the disclosure of the creator;

(17) "Intermodal facility" means a facility with more than one (1) mode of interconnected movement of freight or commerce;

(18) "Investment threshold" means the minimum amount of investment in project costs that must be incurred to qualify for eligibility;

(19) "Invests" or "investment" means money expended by or on behalf of a qualified business that seeks to begin or expand operations in Arkansas, and without this infusion of capital, the location or expansion may not take place;

(20) "Lease" means a right to possession of real property for a specific term in return for consideration, as determined in a lease agreement by both parties;

(21) (A) "Modernization" means an increase in efficiency or productivity of a business through investment in machinery or equipment, or both. (B) "Modernization" does not include costs for routine maintenance or the installation of equipment that does not improve efficiency or productivity, except for expenditures for pollution control equipment mandated by state laws or rules, or federal laws or regulations;

(A) "Modernization" means an increase in efficiency or productivity of a business through investment in machinery or equipment, or both.

(B) "Modernization" does not include costs for routine maintenance or the installation of equipment that does not improve efficiency or productivity, except for expenditures for pollution control equipment mandated by state laws or rules, or federal laws or regulations;

(22) "National corporate headquarters" means the sole corporate headquarters in the nation that handles headquarters-related functions on a national basis;

(23) (A) (i) "New full-time permanent employee" means a position or job that was created pursuant to an approved financial incentive agreement and that is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at the facility identified in the financial incentive agreement. (2) New employees who do not work at the facility may be counted if they: (A) Otherwise meet the definition of "new full-time permanent employee"; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (c) Are not existing employees, except as allowed under subdivision (10) of this section. (ii) The position or job held by the employee or employees shall have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week. (B) However, to qualify under this subchapter, a contractual employee shall be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(A) (i) "New full-time permanent employee" means a position or job that was created pursuant to an approved financial incentive agreement and that is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at the facility identified in the financial incentive agreement. (2) New employees who do not work at the facility may be counted if they: (A) Otherwise meet the definition of "new full-time permanent employee"; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (c) Are not existing employees, except as allowed under subdivision (10) of this section. (ii) The position or job held by the employee or employees shall have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week.

(i) "New full-time permanent employee" means a position or job that was created pursuant to an approved financial incentive agreement and that is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at the facility identified in the financial incentive agreement. (2) New employees who do not work at the facility may be counted if they: (A) Otherwise meet the definition of "new full-time permanent employee"; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (c) Are not existing employees, except as allowed under subdivision (10) of this section.

(a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned;

(b) (1) Work at the facility identified in the financial incentive agreement. (2) New employees who do not work at the facility may be counted if they: (A) Otherwise meet the definition of "new full-time permanent employee"; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and

(1) Work at the facility identified in the financial incentive agreement.

(2) New employees who do not work at the facility may be counted if they: (A) Otherwise meet the definition of "new full-time permanent employee"; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and

(A) Otherwise meet the definition of "new full-time permanent employee";

(B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; and

(C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and

(c) Are not existing employees, except as allowed under subdivision (10) of this section.

(ii) The position or job held by the employee or employees shall have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week.

(B) However, to qualify under this subchapter, a contractual employee shall be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(24) "Nonretail business" means a business that is not classified in North American Industry Classification System sectors 44-45, as in effect on January 1, 2017;

(25) (A) "Office sector business" means business operations that support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions. (B) All businesses in this group shall be nonretail businesses and derive at least seventy-five percent (75%) of their sales revenue from out of state;

(A) "Office sector business" means business operations that support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions.

(B) All businesses in this group shall be nonretail businesses and derive at least seventy-five percent (75%) of their sales revenue from out of state;

(26) "Payroll" means the total taxable wages, including overtime and bonuses, paid during the preceding tax year of the eligible business to new full-time permanent employees hired after the date of the approved financial incentive agreement;

(27) (A) "Person" means an individual, trust, estate, fiduciary, firm, joint venture, proprietorship, partnership, limited liability company, or corporation. (B) "Person" includes: (i) The directors, officers, agents, and employees of any person; (ii) Beneficiaries, members, managers, and partners; and (iii) Any county or municipal subdivision of the state;

(A) "Person" means an individual, trust, estate, fiduciary, firm, joint venture, proprietorship, partnership, limited liability company, or corporation.

(B) "Person" includes: (i) The directors, officers, agents, and employees of any person; (ii) Beneficiaries, members, managers, and partners; and (iii) Any county or municipal subdivision of the state;

(i) The directors, officers, agents, and employees of any person;

(ii) Beneficiaries, members, managers, and partners; and

(iii) Any county or municipal subdivision of the state;

(28) "Preconstruction costs" means the costs of eligible items incurred before the start of construction, including: (A) Project planning costs; (B) Architectural and engineering fees; (C) Right-of-way purchases; (D) Utility extensions; (E) Site preparations; (F) Purchase of mineral rights; (G) Building demolition; (H) Builders risk insurance; (I) Capitalized start-up costs; (J) Deposits and process payments on eligible machinery and equipment; and (K) Other costs necessary to prepare for the start of construction;

(A) Project planning costs;

(B) Architectural and engineering fees;

(C) Right-of-way purchases;

(D) Utility extensions;

(E) Site preparations;

(F) Purchase of mineral rights;

(G) Building demolition;

(H) Builders risk insurance;

(I) Capitalized start-up costs;

(J) Deposits and process payments on eligible machinery and equipment; and

(K) Other costs necessary to prepare for the start of construction;

(29) (A) "Project costs" means costs associated with the: (i) Construction of a new plant or facility, including without limitation land, building, machinery and equipment, or support infrastructure; (ii) Expansion of an established plant or facility by adding to the building, machinery and equipment, or support infrastructure; or (iii) Modernization of an established plant or facility through the replacement of machinery and equipment or support infrastructure that improves efficiency or productivity. (B) "Project costs" does not include: (i) Expenditures for routine repair and maintenance that do not result in new construction, expansion, or modernization; (ii) Routine operating expenditures; (iii) Expenditures incurred at multiple facilities; or (iv) The purchase or acquisition of an existing business unless: (a) There is sufficient documentation that the existing business was closed or will close; and (b) The purchase of the existing business will result in the retention of jobs that would have been lost due to the closure. (C) Eligible project costs must be incurred within: (i) Four (4) years from the date a financial incentive agreement was approved by the commission; or (ii) Six (6) years from the date a financial incentive agreement was approved by the commission in connection with a project qualifying for retention tax credits under § 15-4-2706(c)(1)(A) and approved on or after June 22, 2017;

(A) "Project costs" means costs associated with the: (i) Construction of a new plant or facility, including without limitation land, building, machinery and equipment, or support infrastructure; (ii) Expansion of an established plant or facility by adding to the building, machinery and equipment, or support infrastructure; or (iii) Modernization of an established plant or facility through the replacement of machinery and equipment or support infrastructure that improves efficiency or productivity.

(i) Construction of a new plant or facility, including without limitation land, building, machinery and equipment, or support infrastructure;

(ii) Expansion of an established plant or facility by adding to the building, machinery and equipment, or support infrastructure; or

(iii) Modernization of an established plant or facility through the replacement of machinery and equipment or support infrastructure that improves efficiency or productivity.

(B) "Project costs" does not include: (i) Expenditures for routine repair and maintenance that do not result in new construction, expansion, or modernization; (ii) Routine operating expenditures; (iii) Expenditures incurred at multiple facilities; or (iv) The purchase or acquisition of an existing business unless: (a) There is sufficient documentation that the existing business was closed or will close; and (b) The purchase of the existing business will result in the retention of jobs that would have been lost due to the closure.

(i) Expenditures for routine repair and maintenance that do not result in new construction, expansion, or modernization;

(ii) Routine operating expenditures;

(iii) Expenditures incurred at multiple facilities; or

(iv) The purchase or acquisition of an existing business unless: (a) There is sufficient documentation that the existing business was closed or will close; and (b) The purchase of the existing business will result in the retention of jobs that would have been lost due to the closure.

(a) There is sufficient documentation that the existing business was closed or will close; and

(b) The purchase of the existing business will result in the retention of jobs that would have been lost due to the closure.

(C) Eligible project costs must be incurred within: (i) Four (4) years from the date a financial incentive agreement was approved by the commission; or (ii) Six (6) years from the date a financial incentive agreement was approved by the commission in connection with a project qualifying for retention tax credits under § 15-4-2706(c)(1)(A) and approved on or after June 22, 2017;

(i) Four (4) years from the date a financial incentive agreement was approved by the commission; or

(ii) Six (6) years from the date a financial incentive agreement was approved by the commission in connection with a project qualifying for retention tax credits under § 15-4-2706(c)(1)(A) and approved on or after June 22, 2017;

(30) "Project plan" means a plan submitted to the commission containing the information required by the Director of the Arkansas Economic Development Commission to determine eligibility for incentives under this subchapter;

(31) "Qualified business" means an eligible business that: (A) Has met the qualifications for one (1) or more economic development incentives authorized by this subchapter; and (B) Has signed a financial incentive agreement that has been approved by the commission;

(A) Has met the qualifications for one (1) or more economic development incentives authorized by this subchapter; and

(B) Has signed a financial incentive agreement that has been approved by the commission;

(32) "Qualified research expenditures" means the sum of any amounts that are paid or incurred by an Arkansas taxpayer during the taxable year in funding a qualified research program that has been approved for tax credit treatment under rules promulgated by the commission;

(33) "Region" or "regional" means a geographic area comprised of two (2) or more states, including this state and at least one (1) state that is contiguous to this state;

(34) (A) "Regional corporate headquarters" means a facility or portion of the facility in which the majority of an eligible business's financial, human resources, engineering, legal, strategic planning, information technology, corporate communications, marketing, or other headquarters-related functions are effectuated on a regional basis under the direction of principal executive officers, including without limitation chief executive officers, chief operating officers, chief financial officers, or other senior-level officers based at the facility. (B) However, a function on a regional basis does not include a function involving manufacturing, processing, warehousing, distributing, or wholesaling activities or the operation of a call center;

(A) "Regional corporate headquarters" means a facility or portion of the facility in which the majority of an eligible business's financial, human resources, engineering, legal, strategic planning, information technology, corporate communications, marketing, or other headquarters-related functions are effectuated on a regional basis under the direction of principal executive officers, including without limitation chief executive officers, chief operating officers, chief financial officers, or other senior-level officers based at the facility.

(B) However, a function on a regional basis does not include a function involving manufacturing, processing, warehousing, distributing, or wholesaling activities or the operation of a call center;

(35) "Scientific and technical services business" means a business: (A) Primarily engaged in performing scientific and technical activities for others, including: (i) Architectural and engineering design; (ii) Computer programming and computer systems design; and (iii) Scientific research and development in the physical, biological, and engineering sciences; (B) Deriving at least fifty-one percent (51%) of its sales revenue from out of state; and (C) Paying employees whose payroll is subject to incentives under this subchapter average hourly wages exceeding one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(A) Primarily engaged in performing scientific and technical activities for others, including: (i) Architectural and engineering design; (ii) Computer programming and computer systems design; and (iii) Scientific research and development in the physical, biological, and engineering sciences;

(i) Architectural and engineering design;

(ii) Computer programming and computer systems design; and

(iii) Scientific research and development in the physical, biological, and engineering sciences;

(B) Deriving at least fifty-one percent (51%) of its sales revenue from out of state; and

(C) Paying employees whose payroll is subject to incentives under this subchapter average hourly wages exceeding one hundred fifty percent (150%) of the lesser of the state or county average hourly wage for the county in which the business locates or expands;

(36) "Start of construction" means any activity that causes a physical change to the building or property, or both, identified as the site of the approved project, but excluding preconstruction costs;

(37) "Strategic research" means research that has strategic economic or long-term commercial value to the state and that is identified in the research and development plan approved by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission;

(38) "Support infrastructure" means physical assets necessary for the business to operate, including without limitation water systems, wastewater systems, gas and electric utilities, roads, bridges, parking lots, and communications infrastructure;

(39) "Targeted businesses" means a grouping of growing business sectors, not to exceed six (6), that include the following: (A) Advanced materials and manufacturing systems; (B) Agriculture, food, and environmental sciences; (C) Biotechnology, bioengineering, and life sciences; (D) Information technology; (E) Transportation logistics; and (F) Bio-based products; and

(A) Advanced materials and manufacturing systems;

(B) Agriculture, food, and environmental sciences;

(C) Biotechnology, bioengineering, and life sciences;

(D) Information technology;

(E) Transportation logistics; and

(F) Bio-based products; and

(40) "Tiers" means the ranking of the seventy-five (75) counties of Arkansas into four (4) divisions that delineate the economic prosperity of the counties and allow for different levels of incentives under this subchapter.

Amended by Act 2023, No. 834,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 911,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 1074, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1073, eff. 7/24/2019.

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

Amended by Act 2019, No. 910,§ 397, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 396, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 395, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 394, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 393, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 392, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 391, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 97, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 96, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 95, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 94, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 93, eff. 7/1/2015.

Amended by Act 2015EX1, No. 8,§ 92, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 97, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 96, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 95, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 94, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 93, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 92, eff. 7/1/2015.

Acts 2003, No. 182, § 1; 2005, No. 1296, § 1; 2007, No. 1596, § 1; 2009, No. 716, §§ 3-5; 2011, No. 1197, § 1.