Ark. Code Ann. § 15-42-127 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-127
Implied consent
Status: in_force

(a) (1) Subject to the provisions of subsection (c) of this section, any person who purchases a hunting license for use in the State of Arkansas or engages in hunting privileges in this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if the person is involved in a shooting accident while hunting. (2) Any person who is dead, unconscious, or otherwise in a condition rendering the person incapable of refusal to submit to a chemical test of his or her blood, breath, saliva, or urine shall be deemed not to have withdrawn the consent provided by subdivision (a)(1) of this section, and the chemical test may be administered subject to the provisions of subsection (c) of this section. (3) (A) When a person who is hunting in this state is involved in a shooting accident resulting in loss of human life or serious bodily injury, a law enforcement officer shall request and the person or persons shall submit to a chemical test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine. (B) The law enforcement officer shall cause the chemical test or tests to be administered to the person or persons involved in the shooting accident, including the person injured by the shooting and the person who caused the injury by shooting another person. (b) If a person who is hunting is involved in a shooting accident resulting in loss of human life or serious bodily injury and the person refuses to submit to a chemical test under this section upon the request of the law enforcement officer, the person shall be guilty of a violation for refusal to submit, and upon conviction: (1) The court shall levy a fine of not less than two thousand five hundred dollars ($2,500) and not greater than five thousand dollars ($5,000); and (2) The Arkansas State Game and Fish Commission may suspend or revoke the person's hunting privileges or eligibility to purchase a hunting license for life. (c) (1) The chemical tests required under this section shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been hunting while under the influence of alcohol or a controlled substance. (2) (A) The law enforcement agency by which the officer referred to in subdivision (c)(1) of this section is employed shall designate which chemical tests authorized by this section shall be administered, and the law enforcement agency shall be responsible for paying all expenses incurred in conducting the chemical tests. (B) If a person tested under this section requests that additional chemical tests be made as authorized in subsection (g) of this section, the cost of the additional chemical tests shall be charged to the person tested. (C) If any person objects to the taking of his or her blood for a chemical test as authorized by this section, the breath, saliva, or urine of the person may be used for the chemical test. (d) (1) To be considered valid under the provisions of this section, a chemical test of a person's blood, breath, saliva, or urine must be performed according to methods approved by the State Board of Health or by an individual possessing a valid permit issued by the Department of Health for that purpose. (2) The department may: (A) Approve satisfactory techniques or methods for the chemical test of a person's blood, breath, saliva, or urine; (B) Ascertain the qualifications and competence of individuals to conduct the chemical test; and (C) Issue permits that shall be subject to termination or revocation at the discretion of the department. (e) (1) When a person submits to a blood test at the request of a law enforcement officer, blood may be drawn by a physician or by a person acting under the direction and supervision of a physician. (2) The limitation of subdivision (e)(1) of this section shall not apply to the taking of breath, saliva, or urine specimens. (3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol concentration or controlled substance content of the blood at the request of a law enforcement officer under this section shall be held liable for violating any of the criminal laws of this state in connection with the withdrawal of blood. (B) A physician, institution, or person acting under the direction or supervision of a physician shall not be held liable in tort for the withdrawal of the blood unless the person or institution is negligent in connection with the withdrawal of blood or the blood is taken over the objections of the subject. (f) Upon the request of a person who submits to a chemical test at the request of a law enforcement officer under this section, full information concerning the chemical test shall be made available to the person or the person's attorney. (g) (1) A person tested may have a physician, qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person of this right. (3) If a law enforcement officer refuses or fails to advise the person of this right and to permit and assist the person to obtain the chemical test, then the results of the chemical test taken at the direction of the law enforcement officer under this section shall not be admissible into evidence. Amended by Act 2013, No. 361,§ 19, eff. 8/16/2013. Acts 2005, No. 1983, § 1.

(a) (1) Subject to the provisions of subsection (c) of this section, any person who purchases a hunting license for use in the State of Arkansas or engages in hunting privileges in this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if the person is involved in a shooting accident while hunting. (2) Any person who is dead, unconscious, or otherwise in a condition rendering the person incapable of refusal to submit to a chemical test of his or her blood, breath, saliva, or urine shall be deemed not to have withdrawn the consent provided by subdivision (a)(1) of this section, and the chemical test may be administered subject to the provisions of subsection (c) of this section. (3) (A) When a person who is hunting in this state is involved in a shooting accident resulting in loss of human life or serious bodily injury, a law enforcement officer shall request and the person or persons shall submit to a chemical test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine. (B) The law enforcement officer shall cause the chemical test or tests to be administered to the person or persons involved in the shooting accident, including the person injured by the shooting and the person who caused the injury by shooting another person.

(1) Subject to the provisions of subsection (c) of this section, any person who purchases a hunting license for use in the State of Arkansas or engages in hunting privileges in this state shall be deemed to have given consent to a chemical test or tests of his or her blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine if the person is involved in a shooting accident while hunting.

(2) Any person who is dead, unconscious, or otherwise in a condition rendering the person incapable of refusal to submit to a chemical test of his or her blood, breath, saliva, or urine shall be deemed not to have withdrawn the consent provided by subdivision (a)(1) of this section, and the chemical test may be administered subject to the provisions of subsection (c) of this section.

(3) (A) When a person who is hunting in this state is involved in a shooting accident resulting in loss of human life or serious bodily injury, a law enforcement officer shall request and the person or persons shall submit to a chemical test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine. (B) The law enforcement officer shall cause the chemical test or tests to be administered to the person or persons involved in the shooting accident, including the person injured by the shooting and the person who caused the injury by shooting another person.

(A) When a person who is hunting in this state is involved in a shooting accident resulting in loss of human life or serious bodily injury, a law enforcement officer shall request and the person or persons shall submit to a chemical test or tests of the person's blood, breath, saliva, or urine for the purpose of determining the alcohol concentration or controlled substance content of his or her blood, breath, saliva, or urine.

(B) The law enforcement officer shall cause the chemical test or tests to be administered to the person or persons involved in the shooting accident, including the person injured by the shooting and the person who caused the injury by shooting another person.

(b) If a person who is hunting is involved in a shooting accident resulting in loss of human life or serious bodily injury and the person refuses to submit to a chemical test under this section upon the request of the law enforcement officer, the person shall be guilty of a violation for refusal to submit, and upon conviction: (1) The court shall levy a fine of not less than two thousand five hundred dollars ($2,500) and not greater than five thousand dollars ($5,000); and (2) The Arkansas State Game and Fish Commission may suspend or revoke the person's hunting privileges or eligibility to purchase a hunting license for life.

(1) The court shall levy a fine of not less than two thousand five hundred dollars ($2,500) and not greater than five thousand dollars ($5,000); and

(2) The Arkansas State Game and Fish Commission may suspend or revoke the person's hunting privileges or eligibility to purchase a hunting license for life.

(c) (1) The chemical tests required under this section shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been hunting while under the influence of alcohol or a controlled substance. (2) (A) The law enforcement agency by which the officer referred to in subdivision (c)(1) of this section is employed shall designate which chemical tests authorized by this section shall be administered, and the law enforcement agency shall be responsible for paying all expenses incurred in conducting the chemical tests. (B) If a person tested under this section requests that additional chemical tests be made as authorized in subsection (g) of this section, the cost of the additional chemical tests shall be charged to the person tested. (C) If any person objects to the taking of his or her blood for a chemical test as authorized by this section, the breath, saliva, or urine of the person may be used for the chemical test.

(1) The chemical tests required under this section shall be administered at the direction of a law enforcement officer having reasonable cause to believe the person to have been hunting while under the influence of alcohol or a controlled substance.

(2) (A) The law enforcement agency by which the officer referred to in subdivision (c)(1) of this section is employed shall designate which chemical tests authorized by this section shall be administered, and the law enforcement agency shall be responsible for paying all expenses incurred in conducting the chemical tests. (B) If a person tested under this section requests that additional chemical tests be made as authorized in subsection (g) of this section, the cost of the additional chemical tests shall be charged to the person tested. (C) If any person objects to the taking of his or her blood for a chemical test as authorized by this section, the breath, saliva, or urine of the person may be used for the chemical test.

(A) The law enforcement agency by which the officer referred to in subdivision (c)(1) of this section is employed shall designate which chemical tests authorized by this section shall be administered, and the law enforcement agency shall be responsible for paying all expenses incurred in conducting the chemical tests.

(B) If a person tested under this section requests that additional chemical tests be made as authorized in subsection (g) of this section, the cost of the additional chemical tests shall be charged to the person tested.

(C) If any person objects to the taking of his or her blood for a chemical test as authorized by this section, the breath, saliva, or urine of the person may be used for the chemical test.

(d) (1) To be considered valid under the provisions of this section, a chemical test of a person's blood, breath, saliva, or urine must be performed according to methods approved by the State Board of Health or by an individual possessing a valid permit issued by the Department of Health for that purpose. (2) The department may: (A) Approve satisfactory techniques or methods for the chemical test of a person's blood, breath, saliva, or urine; (B) Ascertain the qualifications and competence of individuals to conduct the chemical test; and (C) Issue permits that shall be subject to termination or revocation at the discretion of the department.

(1) To be considered valid under the provisions of this section, a chemical test of a person's blood, breath, saliva, or urine must be performed according to methods approved by the State Board of Health or by an individual possessing a valid permit issued by the Department of Health for that purpose.

(2) The department may: (A) Approve satisfactory techniques or methods for the chemical test of a person's blood, breath, saliva, or urine; (B) Ascertain the qualifications and competence of individuals to conduct the chemical test; and (C) Issue permits that shall be subject to termination or revocation at the discretion of the department.

(A) Approve satisfactory techniques or methods for the chemical test of a person's blood, breath, saliva, or urine;

(B) Ascertain the qualifications and competence of individuals to conduct the chemical test; and

(C) Issue permits that shall be subject to termination or revocation at the discretion of the department.

(e) (1) When a person submits to a blood test at the request of a law enforcement officer, blood may be drawn by a physician or by a person acting under the direction and supervision of a physician. (2) The limitation of subdivision (e)(1) of this section shall not apply to the taking of breath, saliva, or urine specimens. (3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol concentration or controlled substance content of the blood at the request of a law enforcement officer under this section shall be held liable for violating any of the criminal laws of this state in connection with the withdrawal of blood. (B) A physician, institution, or person acting under the direction or supervision of a physician shall not be held liable in tort for the withdrawal of the blood unless the person or institution is negligent in connection with the withdrawal of blood or the blood is taken over the objections of the subject.

(1) When a person submits to a blood test at the request of a law enforcement officer, blood may be drawn by a physician or by a person acting under the direction and supervision of a physician.

(2) The limitation of subdivision (e)(1) of this section shall not apply to the taking of breath, saliva, or urine specimens.

(3) (A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol concentration or controlled substance content of the blood at the request of a law enforcement officer under this section shall be held liable for violating any of the criminal laws of this state in connection with the withdrawal of blood. (B) A physician, institution, or person acting under the direction or supervision of a physician shall not be held liable in tort for the withdrawal of the blood unless the person or institution is negligent in connection with the withdrawal of blood or the blood is taken over the objections of the subject.

(A) No person, institution, or office in this state that withdraws blood for the purpose of determining alcohol concentration or controlled substance content of the blood at the request of a law enforcement officer under this section shall be held liable for violating any of the criminal laws of this state in connection with the withdrawal of blood.

(B) A physician, institution, or person acting under the direction or supervision of a physician shall not be held liable in tort for the withdrawal of the blood unless the person or institution is negligent in connection with the withdrawal of blood or the blood is taken over the objections of the subject.

(f) Upon the request of a person who submits to a chemical test at the request of a law enforcement officer under this section, full information concerning the chemical test shall be made available to the person or the person's attorney.

(g) (1) A person tested may have a physician, qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer. (2) The law enforcement officer shall advise the person of this right. (3) If a law enforcement officer refuses or fails to advise the person of this right and to permit and assist the person to obtain the chemical test, then the results of the chemical test taken at the direction of the law enforcement officer under this section shall not be admissible into evidence.

(1) A person tested may have a physician, qualified technician, registered nurse, or other qualified person of his or her own choice administer a complete chemical test in addition to any chemical test administered at the direction of a law enforcement officer.

(2) The law enforcement officer shall advise the person of this right.

(3) If a law enforcement officer refuses or fails to advise the person of this right and to permit and assist the person to obtain the chemical test, then the results of the chemical test taken at the direction of the law enforcement officer under this section shall not be admissible into evidence.

Amended by Act 2013, No. 361,§ 19, eff. 8/16/2013.

Acts 2005, No. 1983, § 1.
Ark. Code Ann. § 15-4-202 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-202
Arkansas Economic Development Council - Members
Status: in_force

(a) (1) The Arkansas Economic Development Council shall consist of sixteen (16) members, who shall be qualified electors of this state, to be appointed by the Governor with the advice and consent of the Senate. (2) (A) At least three (3) members shall be appointed from each of the four (4) congressional districts existing on January 1, 2012. (B) Four (4) members shall be appointed at large. (3) The members appointed by the Governor shall be selected with special reference to their knowledge of and interest in the resources and economic development of the State of Arkansas. (b) For each member appointed by the Governor, the term of office shall commence on January 15 following the expiration date of the preceding term and shall end on January 14 of the fourth year following the year in which the regular term commenced. (c) A vacancy arising in the membership of the council appointed by the Governor for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor to be thereafter effective until the expiration of the terms, subject to the confirmation of the Senate. (d) Before entering upon his or her duties, each member of the council shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (e) Members of the council may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. (f) Members of the council, acting in good faith, are not personally liable under this subchapter. Amended by Act 2023, No. 794,§ 19, eff. 4/12/2023. Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1955, No. 404, §§ 3-6; 1965, No. 553, §§ 1, 2; 1979, No. 65, § 3; 1981, No. 41, § 4; 1981, No. 249, §§ 1, 2; 1981, No. 452, §§ 1-3; 1985, No. 1005, § 2; A.S.A. 1947, §§ 9-506 -- 9-509; Acts 1987, No. 91, § 1; 1987, No. 668, § 1; 1989, No. 885, § 1; 1997, No. 250, § 95.

(a) (1) The Arkansas Economic Development Council shall consist of sixteen (16) members, who shall be qualified electors of this state, to be appointed by the Governor with the advice and consent of the Senate. (2) (A) At least three (3) members shall be appointed from each of the four (4) congressional districts existing on January 1, 2012. (B) Four (4) members shall be appointed at large. (3) The members appointed by the Governor shall be selected with special reference to their knowledge of and interest in the resources and economic development of the State of Arkansas.

(1) The Arkansas Economic Development Council shall consist of sixteen (16) members, who shall be qualified electors of this state, to be appointed by the Governor with the advice and consent of the Senate.

(2) (A) At least three (3) members shall be appointed from each of the four (4) congressional districts existing on January 1, 2012. (B) Four (4) members shall be appointed at large.

(A) At least three (3) members shall be appointed from each of the four (4) congressional districts existing on January 1, 2012.

(B) Four (4) members shall be appointed at large.

(3) The members appointed by the Governor shall be selected with special reference to their knowledge of and interest in the resources and economic development of the State of Arkansas.

(b) For each member appointed by the Governor, the term of office shall commence on January 15 following the expiration date of the preceding term and shall end on January 14 of the fourth year following the year in which the regular term commenced.

(c) A vacancy arising in the membership of the council appointed by the Governor for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor to be thereafter effective until the expiration of the terms, subject to the confirmation of the Senate.

(d) Before entering upon his or her duties, each member of the council shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.

(e) Members of the council may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(f) Members of the council, acting in good faith, are not personally liable under this subchapter.

Amended by Act 2023, No. 794,§ 19, eff. 4/12/2023.

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

Acts 1955, No. 404, §§ 3-6; 1965, No. 553, §§ 1, 2; 1979, No. 65, § 3; 1981, No. 41, § 4; 1981, No. 249, §§ 1, 2; 1981, No. 452, §§ 1-3; 1985, No. 1005, § 2; A.S.A. 1947, §§ 9-506 -- 9-509; Acts 1987, No. 91, § 1; 1987, No. 668, § 1; 1989, No. 885, § 1; 1997, No. 250, § 95.
Ark. Code Ann. § 15-22-218 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-218
Right to acquire title and use water stored in a governmental reservoir
Status: in_force

(a) Any person shall have, to the full extent that the State of Arkansas can grant that right, the right to acquire absolute title to and use for any purpose water allocated for local use and stored in any reservoir created by the construction of a multipurpose dam by the United States Army Corps of Engineers for the United States Government or any agency thereof. (b) The right shall vest in the person upon his or her compliance with the following conditions: (1) Upon filing with the Arkansas Natural Resources Commission a notice of intent to negotiate and contract with the United States Government for the withdrawal of water from the reservoir; and (2) Upon the person executing a contract with the United States Government or any agency thereof for the withdrawal of water from the reservoir and filing the contract with the commission. (c) (1) The notice of intent shall set forth in detail the name of the person who is filing the notice and the place of the reservoir. (2) The act of filing the notice of intent shall empower the person to negotiate and contract with the United States Government or any agency thereof for the water. (d) Any person who has acquired title to and use of water stored in a United States Government reservoir shall: (1) File with the commission a certified copy of the contract made with the United States Government for the withdrawal of water; and (2) Annually thereafter file with the commission a detailed report of the amount of water withdrawn and for what purpose the water is used. Acts 1957, No. 81, § 9; A.S.A. 1947, § 21-1309.

(a) Any person shall have, to the full extent that the State of Arkansas can grant that right, the right to acquire absolute title to and use for any purpose water allocated for local use and stored in any reservoir created by the construction of a multipurpose dam by the United States Army Corps of Engineers for the United States Government or any agency thereof.

(b) The right shall vest in the person upon his or her compliance with the following conditions: (1) Upon filing with the Arkansas Natural Resources Commission a notice of intent to negotiate and contract with the United States Government for the withdrawal of water from the reservoir; and (2) Upon the person executing a contract with the United States Government or any agency thereof for the withdrawal of water from the reservoir and filing the contract with the commission.

(1) Upon filing with the Arkansas Natural Resources Commission a notice of intent to negotiate and contract with the United States Government for the withdrawal of water from the reservoir; and

(2) Upon the person executing a contract with the United States Government or any agency thereof for the withdrawal of water from the reservoir and filing the contract with the commission.

(c) (1) The notice of intent shall set forth in detail the name of the person who is filing the notice and the place of the reservoir. (2) The act of filing the notice of intent shall empower the person to negotiate and contract with the United States Government or any agency thereof for the water.

(1) The notice of intent shall set forth in detail the name of the person who is filing the notice and the place of the reservoir.

(2) The act of filing the notice of intent shall empower the person to negotiate and contract with the United States Government or any agency thereof for the water.

(d) Any person who has acquired title to and use of water stored in a United States Government reservoir shall: (1) File with the commission a certified copy of the contract made with the United States Government for the withdrawal of water; and (2) Annually thereafter file with the commission a detailed report of the amount of water withdrawn and for what purpose the water is used.

(1) File with the commission a certified copy of the contract made with the United States Government for the withdrawal of water; and

(2) Annually thereafter file with the commission a detailed report of the amount of water withdrawn and for what purpose the water is used.

Acts 1957, No. 81, § 9; A.S.A. 1947, § 21-1309.
Ark. Code Ann. § 15-20-1110 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1110
[Repealed]
Status: repealed

Repealed by Act 2021, No. 501,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 72, eff. 7/1/2019. Acts 2003, No. 1061, § 1.

Repealed by Act 2021, No. 501,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 72, eff. 7/1/2019.

Acts 2003, No. 1061, § 1.
Ark. Code Ann. § 15-22-802 — AR Code / Title 15 / Chapter 22 / Subchapter 8 / Section 15-22-802
Purpose
Status: in_force

The purpose of this subchapter is to provide the state and local political subdivisions of the State of Arkansas with the nonfederal share of their financial obligations required under any local cooperative agreements entered into with the federal government. Acts 1989, No. 257, § 2.

The purpose of this subchapter is to provide the state and local political subdivisions of the State of Arkansas with the nonfederal share of their financial obligations required under any local cooperative agreements entered into with the federal government.

Acts 1989, No. 257, § 2.
Ark. Code Ann. § 15-3-505 — AR Code / Title 15 / Chapter 3 / Subchapter 5 / Section 15-3-505
[Repealed]
Status: repealed

Repealed by Act 2017, No. 167,§ 3, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 89, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 89, eff. 7/1/2015. Amended by Act 2013, No. 1095,§ 3, eff. 4/11/2013. Acts 2011, No. 706, § 1.

Repealed by Act 2017, No. 167,§ 3, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 89, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 89, eff. 7/1/2015.

Amended by Act 2013, No. 1095,§ 3, eff. 4/11/2013.

Acts 2011, No. 706, § 1.
Ark. Code Ann. § 15-24-106 — AR Code / Title 15 / Chapter 24 / Section 15-24-106
Compacts with other states
Status: in_force

The Arkansas Natural Resources Commission is authorized, within the limitations of this chapter, to enter into compacts with one (1) or more states under any act or resolution of the United States Congress, subject to the reservations contained in this chapter, in behalf of the levee district or drainage district. Acts 1937, No. 212, § 14; Pope's Dig., § 12189; A.S.A. 1947, § 9-806.

The Arkansas Natural Resources Commission is authorized, within the limitations of this chapter, to enter into compacts with one (1) or more states under any act or resolution of the United States Congress, subject to the reservations contained in this chapter, in behalf of the levee district or drainage district.

Acts 1937, No. 212, § 14; Pope's Dig., § 12189; A.S.A. 1947, § 9-806.
Ark. Code Ann. § 15-3-132 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-132
Centers for applied technology - Criteria - Designation
Status: in_force

(a) The Division of Science and Technology of the Arkansas Economic Development Commission shall: (1) Identify technological areas for which centers for applied technology should be designated, including, but not limited to, technological areas that are related to enterprises with significant potential for economic growth and development in Arkansas and areas that are related to the enhancement of productivity in various enterprises in Arkansas; (2) Establish, in consultation with the Division of Higher Education, criteria that must be satisfied for designation as a center, including, but not limited to: (A) An established record of research, development, and instruction in the area of technology; (B) The capacity to conduct research and development activities in collaboration with private enterprises; (C) The capacity to secure substantial private and other government funding for the proposed center; (D) The ability and willingness to cooperate with other colleges and universities in conducting research and development activities and in disseminating research results and to work with institutions of higher learning to enhance the quality of technological education in the area or areas of technology involved; and (E) The ability and willingness to cooperate with the Division of Science and Technology of the Arkansas Economic Development Commission, the Arkansas Economic Development Council, and other economic development agencies in promoting the growth and development in Arkansas of enterprises based upon or benefiting from the areas of technology involved; and (3) Designate, using a competitive selection process, those centers for applied technology to be created in cooperation with colleges and universities in the state. (b) The Division of Science and Technology of the Arkansas Economic Development Commission may not designate technological areas or establish centers prior to the Division of Science and Technology of the Arkansas Economic Development Commission's adopting rules to govern the program authorized under this section, §§ 15-3-130 , 15-3-131 , 15-3-133 , and 15-3-134 . Amended by Act 2019, No. 910,§ 347, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1989, No. 803, §§ 2, 6; 1997, No. 540, § 18.

(a) The Division of Science and Technology of the Arkansas Economic Development Commission shall: (1) Identify technological areas for which centers for applied technology should be designated, including, but not limited to, technological areas that are related to enterprises with significant potential for economic growth and development in Arkansas and areas that are related to the enhancement of productivity in various enterprises in Arkansas; (2) Establish, in consultation with the Division of Higher Education, criteria that must be satisfied for designation as a center, including, but not limited to: (A) An established record of research, development, and instruction in the area of technology; (B) The capacity to conduct research and development activities in collaboration with private enterprises; (C) The capacity to secure substantial private and other government funding for the proposed center; (D) The ability and willingness to cooperate with other colleges and universities in conducting research and development activities and in disseminating research results and to work with institutions of higher learning to enhance the quality of technological education in the area or areas of technology involved; and (E) The ability and willingness to cooperate with the Division of Science and Technology of the Arkansas Economic Development Commission, the Arkansas Economic Development Council, and other economic development agencies in promoting the growth and development in Arkansas of enterprises based upon or benefiting from the areas of technology involved; and (3) Designate, using a competitive selection process, those centers for applied technology to be created in cooperation with colleges and universities in the state.

(1) Identify technological areas for which centers for applied technology should be designated, including, but not limited to, technological areas that are related to enterprises with significant potential for economic growth and development in Arkansas and areas that are related to the enhancement of productivity in various enterprises in Arkansas;

(2) Establish, in consultation with the Division of Higher Education, criteria that must be satisfied for designation as a center, including, but not limited to: (A) An established record of research, development, and instruction in the area of technology; (B) The capacity to conduct research and development activities in collaboration with private enterprises; (C) The capacity to secure substantial private and other government funding for the proposed center; (D) The ability and willingness to cooperate with other colleges and universities in conducting research and development activities and in disseminating research results and to work with institutions of higher learning to enhance the quality of technological education in the area or areas of technology involved; and (E) The ability and willingness to cooperate with the Division of Science and Technology of the Arkansas Economic Development Commission, the Arkansas Economic Development Council, and other economic development agencies in promoting the growth and development in Arkansas of enterprises based upon or benefiting from the areas of technology involved; and

(A) An established record of research, development, and instruction in the area of technology;

(B) The capacity to conduct research and development activities in collaboration with private enterprises;

(C) The capacity to secure substantial private and other government funding for the proposed center;

(D) The ability and willingness to cooperate with other colleges and universities in conducting research and development activities and in disseminating research results and to work with institutions of higher learning to enhance the quality of technological education in the area or areas of technology involved; and

(E) The ability and willingness to cooperate with the Division of Science and Technology of the Arkansas Economic Development Commission, the Arkansas Economic Development Council, and other economic development agencies in promoting the growth and development in Arkansas of enterprises based upon or benefiting from the areas of technology involved; and

(3) Designate, using a competitive selection process, those centers for applied technology to be created in cooperation with colleges and universities in the state.

(b) The Division of Science and Technology of the Arkansas Economic Development Commission may not designate technological areas or establish centers prior to the Division of Science and Technology of the Arkansas Economic Development Commission's adopting rules to govern the program authorized under this section, §§ 15-3-130 , 15-3-131 , 15-3-133 , and 15-3-134 .

Amended by Act 2019, No. 910,§ 347, eff. 7/1/2019.

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

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

Acts 1989, No. 803, §§ 2, 6; 1997, No. 540, § 18.
Ark. Code Ann. § 15-23-301 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-301
Title
Status: in_force

This subchapter shall be known as the "Arkansas Natural and Scenic Rivers System Act". Acts 1979, No. 257, § 1; A.S.A. 1947, § 9-1201.

This subchapter shall be known as the "Arkansas Natural and Scenic Rivers System Act".

Acts 1979, No. 257, § 1; A.S.A. 1947, § 9-1201.
Ark. Code Ann. § 15-4-511 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-511
Amendments to articles of incorporation
Status: in_force

(a) A corporation organized under this act may amend its articles of incorporation by a majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose. (b) The power to amend shall include the power to accomplish any desired change in the provisions of its articles of incorporation and to include any purpose, power, or provision which would be authorized to be included in original articles of incorporation if executed at the time the amendment is made. (c) Articles of amendment, signed by the president or vice president and attested by the secretary certifying to such an amendment and its lawful adoption, shall be executed, acknowledged, filed, and recorded as the original articles of incorporation of a corporation organized under this act. (d) As soon as the Secretary of State has accepted the articles of amendment for filing and issued a certificate of amendment, the amendments shall be in effect. Acts 1955, No. 404, § 23; A.S.A. 1947, § 9-526; Acts 1997, No. 339, § 6.

(a) A corporation organized under this act may amend its articles of incorporation by a majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose.

(b) The power to amend shall include the power to accomplish any desired change in the provisions of its articles of incorporation and to include any purpose, power, or provision which would be authorized to be included in original articles of incorporation if executed at the time the amendment is made.

(c) Articles of amendment, signed by the president or vice president and attested by the secretary certifying to such an amendment and its lawful adoption, shall be executed, acknowledged, filed, and recorded as the original articles of incorporation of a corporation organized under this act.

(d) As soon as the Secretary of State has accepted the articles of amendment for filing and issued a certificate of amendment, the amendments shall be in effect.

Acts 1955, No. 404, § 23; A.S.A. 1947, § 9-526; Acts 1997, No. 339, § 6.
Ark. Code Ann. § 15-4-1015 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1015
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 13; A.S.A. 1947, § 67-1639; Acts 2003, No. 860, § 6; 2005, No. 1759, § 2.

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

Acts 1985, No. 410, § 13; A.S.A. 1947, § 67-1639; Acts 2003, No. 860, § 6; 2005, No. 1759, § 2.
Ark. Code Ann. § 15-56-302 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-302
Summons - Validity of lessee's title
Status: in_force

(a) Summons shall be issued and served as in other cases in circuit court. (b) All persons, if any, whose names or whereabouts are stated in the petition to be unknown to the plaintiff shall be deemed and taken as defendants by the name or designation of "all whom it may concern", and such persons may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure. However, the validity of the lessee's title under the lease, when approved by the court, shall not thereafter be subject to attack by any person whatsoever, including, but not limited to, nonresidents, minors, or other incompetents, except by direct appeal in the manner provided by law. Amended by Act 2013, No. 1148,§ 4, eff. 8/16/2013. Acts 1937, No. 220, § 3; Pope's Dig., § 11197; Acts 1963, No. 85, § 3; A.S.A. 1947, § 52-203.

(a) Summons shall be issued and served as in other cases in circuit court.

(b) All persons, if any, whose names or whereabouts are stated in the petition to be unknown to the plaintiff shall be deemed and taken as defendants by the name or designation of "all whom it may concern", and such persons may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure. However, the validity of the lessee's title under the lease, when approved by the court, shall not thereafter be subject to attack by any person whatsoever, including, but not limited to, nonresidents, minors, or other incompetents, except by direct appeal in the manner provided by law.

Amended by Act 2013, No. 1148,§ 4, eff. 8/16/2013.

Acts 1937, No. 220, § 3; Pope's Dig., § 11197; Acts 1963, No. 85, § 3; A.S.A. 1947, § 52-203.
Ark. Code Ann. § 15-22-914 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-914
Disposition of earnings and fees
Status: in_force

Fees, penalties, and other funds collected under this subchapter shall be deposited into the Arkansas Water Development Fund established by § 15-22-507 . Two-thirds (2/3) of such funds deposited shall be used for an education and information program and cost sharing for water conservation and development. The remaining one-third (1/3) may be used for the administration of this subchapter, and the Arkansas Natural Resources Commission may transfer those funds to the districts delegated authority under this subchapter as it deems necessary. Acts 1991, No. 154, § 14; 1991, No. 342, § 14.

Fees, penalties, and other funds collected under this subchapter shall be deposited into the Arkansas Water Development Fund established by § 15-22-507 . Two-thirds (2/3) of such funds deposited shall be used for an education and information program and cost sharing for water conservation and development. The remaining one-third (1/3) may be used for the administration of this subchapter, and the Arkansas Natural Resources Commission may transfer those funds to the districts delegated authority under this subchapter as it deems necessary.

Acts 1991, No. 154, § 14; 1991, No. 342, § 14.
Ark. Code Ann. § 15-4-2710 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2710
Powers and duties of the Arkansas Economic Development Commission
Status: in_force

The Arkansas Economic Development Commission shall administer this subchapter and in addition to powers and duties mentioned in other laws may: (1) Promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter; (2) Provide the Department of Finance and Administration with a copy of each financial incentive agreement entered into by the commission with each qualified business; (3) Assist the governing authority in obtaining assistance from any other agency of state government, including assistance to new businesses and industries; (4) Assist any employer or prospective employer with a qualifying project in obtaining the benefits of any incentive or inducement program authorized by state law; (5) Act as a liaison between other state agencies and businesses and industries to ensure that both the spirit and intent of this subchapter are met; (6) Make disbursements from the Economic Development Incentive Fund to qualified businesses as authorized in § 15-4-2707 ; and (7) Negotiate proposals on behalf of the state with prospective businesses that are considering locating new facilities or expanding existing facilities that would seek the incentives of the discretionary programs under this subchapter. Amended by Act 2019, No. 315,§ 1075, eff. 7/24/2019. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Acts 2003, No. 182, § 1; 2009, No. 716, § 11.

The Arkansas Economic Development Commission shall administer this subchapter and in addition to powers and duties mentioned in other laws may:

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

(2) Provide the Department of Finance and Administration with a copy of each financial incentive agreement entered into by the commission with each qualified business;

(3) Assist the governing authority in obtaining assistance from any other agency of state government, including assistance to new businesses and industries;

(4) Assist any employer or prospective employer with a qualifying project in obtaining the benefits of any incentive or inducement program authorized by state law;

(5) Act as a liaison between other state agencies and businesses and industries to ensure that both the spirit and intent of this subchapter are met;

(6) Make disbursements from the Economic Development Incentive Fund to qualified businesses as authorized in § 15-4-2707 ; and

(7) Negotiate proposals on behalf of the state with prospective businesses that are considering locating new facilities or expanding existing facilities that would seek the incentives of the discretionary programs under this subchapter.

Amended by Act 2019, No. 315,§ 1075, eff. 7/24/2019.

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

Acts 2003, No. 182, § 1; 2009, No. 716, § 11.
Ark. Code Ann. § 15-4-210 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-210
Arkansas Economic Development Commission - Foreign operation - Reports
Status: in_force

(a) The Arkansas Economic Development Commission may engage the services of contract employees to promote the development of: (1) Foreign direct investment in the state; (2) Increased trade with foreign countries; and (3) Improved relations with countries with which the state currently trades and countries that present future opportunities for enhanced economic development in the state. (b) The commission may establish an Arkansas operation in any country approved by the Governor and the Arkansas Economic Development Council. (c) The commission shall report the progress of any foreign offices annually to the Legislative Council, the Legislative Joint Auditing Committee, and the Governor. Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1989 (1st Ex. Sess.), No. 280, § 33; 1995, No. 589, § 1; 1997, No. 540, § 21.

(a) The Arkansas Economic Development Commission may engage the services of contract employees to promote the development of: (1) Foreign direct investment in the state; (2) Increased trade with foreign countries; and (3) Improved relations with countries with which the state currently trades and countries that present future opportunities for enhanced economic development in the state.

(1) Foreign direct investment in the state;

(2) Increased trade with foreign countries; and

(3) Improved relations with countries with which the state currently trades and countries that present future opportunities for enhanced economic development in the state.

(b) The commission may establish an Arkansas operation in any country approved by the Governor and the Arkansas Economic Development Council.

(c) The commission shall report the progress of any foreign offices annually to the Legislative Council, the Legislative Joint Auditing Committee, and the Governor.

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

Acts 1989 (1st Ex. Sess.), No. 280, § 33; 1995, No. 589, § 1; 1997, No. 540, § 21.
Ark. Code Ann. § 15-76-311 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-311
Contents of order
Status: in_force

The order requiring the operation of an area as a brine production unit or a brine expansion unit shall include: (1) A description of the area included within such a brine production unit or a brine expansion unit; (2) The surface area of each tract in the proposed unit; (3) A provision for any credits and charges to be made in the adjustment among the owners in the unit for their allocated costs of the total investment in each well within the unit, pipelines, pumps, machinery, materials, and equipment required by the brine operation; (4) A statement of the tangible and intangible expenses of the development and operation of the unit, including capital investments required in the development and operation of the brine production unit or the brine expansion unit, exclusive of the plant of the producer, to be charged to each owner in the unit in the same proportion as the owner's net material interest in brine production from the brine production unit or the brine expansion unit; (5) The time and manner in which all owners in the unit who may desire to pay their share of the costs outlined in subdivision (4) of this section and participate in the operations of the unit may elect to do so; (6) (A) The time at which the unit operation shall commence and the approval by the Oil and Gas Commission of the plan of development and operation of the unit, including, but not limited to, the number and proposed location of each well to be drilled within such unit for production and injection or disposal purposes and the approximate date upon which the proposed plan of development is to be commenced and completed. (B) However, the commission shall have no authority to allow wells or other installations on the surface of lands without the consent of the surface owner; (7) The name of the operator who shall drill, complete, or operate the well or wells within the unit; and (8) Those additional provisions which are consistent with this subchapter and which the commission determines to be appropriate for the prevention of waste and the protection of correlative rights. Amended by Act 2015, No. 89,§ 5, eff. 2/13/2015. Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.

The order requiring the operation of an area as a brine production unit or a brine expansion unit shall include:

(1) A description of the area included within such a brine production unit or a brine expansion unit;

(2) The surface area of each tract in the proposed unit;

(3) A provision for any credits and charges to be made in the adjustment among the owners in the unit for their allocated costs of the total investment in each well within the unit, pipelines, pumps, machinery, materials, and equipment required by the brine operation;

(4) A statement of the tangible and intangible expenses of the development and operation of the unit, including capital investments required in the development and operation of the brine production unit or the brine expansion unit, exclusive of the plant of the producer, to be charged to each owner in the unit in the same proportion as the owner's net material interest in brine production from the brine production unit or the brine expansion unit;

(5) The time and manner in which all owners in the unit who may desire to pay their share of the costs outlined in subdivision (4) of this section and participate in the operations of the unit may elect to do so;

(6) (A) The time at which the unit operation shall commence and the approval by the Oil and Gas Commission of the plan of development and operation of the unit, including, but not limited to, the number and proposed location of each well to be drilled within such unit for production and injection or disposal purposes and the approximate date upon which the proposed plan of development is to be commenced and completed. (B) However, the commission shall have no authority to allow wells or other installations on the surface of lands without the consent of the surface owner;

(A) The time at which the unit operation shall commence and the approval by the Oil and Gas Commission of the plan of development and operation of the unit, including, but not limited to, the number and proposed location of each well to be drilled within such unit for production and injection or disposal purposes and the approximate date upon which the proposed plan of development is to be commenced and completed.

(B) However, the commission shall have no authority to allow wells or other installations on the surface of lands without the consent of the surface owner;

(7) The name of the operator who shall drill, complete, or operate the well or wells within the unit; and

(8) Those additional provisions which are consistent with this subchapter and which the commission determines to be appropriate for the prevention of waste and the protection of correlative rights.

Amended by Act 2015, No. 89,§ 5, eff. 2/13/2015.

Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Ark. Code Ann. § 15-32-206 — AR Code / Title 15 / Chapter 32 / Subchapter 2 / Section 15-32-206
Deputies - Authority to administer oaths
Status: in_force

(a) The county timber inspectors may appoint one (1) or more deputies for their respective counties for whose conduct and fidelity in the discharge of their duties as such the county timber inspector making the appointment shall be responsible upon his or her official bond. (b) The county timber inspectors and their deputies shall have power and authority to administer oaths for any purpose relating to their office. Acts 1883, No. 83, § 11, p. 140; 1901, No. 130, § 6, p. 202; C. & M. Dig., § 6990; Pope's Dig., § 8970; A.S.A. 1947, § 54-106.

(a) The county timber inspectors may appoint one (1) or more deputies for their respective counties for whose conduct and fidelity in the discharge of their duties as such the county timber inspector making the appointment shall be responsible upon his or her official bond.

(b) The county timber inspectors and their deputies shall have power and authority to administer oaths for any purpose relating to their office.

Acts 1883, No. 83, § 11, p. 140; 1901, No. 130, § 6, p. 202; C. & M. Dig., § 6990; Pope's Dig., § 8970; A.S.A. 1947, § 54-106.
Ark. Code Ann. § 15-32-307 — AR Code / Title 15 / Chapter 32 / Subchapter 3 / Section 15-32-307
Prosecuting attorney
Status: in_force

(a) It shall be the duty of the prosecuting attorney of the circuit in which any suit on behalf of the state instituted by the county timber inspector or by his or her authority under the provisions of this subchapter may be pending to prosecute the suit on the part of the state. (b) (1) Immediately upon receiving information of any trespass upon lands in his or her circuit, every prosecuting attorney shall prosecute the proper criminal action against the offender and advise the county timber inspector thereof of the county in which the trespass occurred. (2) When required by the county timber inspector, the prosecuting attorney shall prosecute a civil action for damages for any trespass or to recover possession of any material taken from any land. Acts 1883, No. 83, §§ 8, 22, p. 140; 1901, No. 130, §§ 18, 21, p. 202; C. & M. Dig., §§ 7010, 7013; Pope's Dig., §§ 8990, 8993; A.S.A. 1947, §§ 54-209, 54-212.

(a) It shall be the duty of the prosecuting attorney of the circuit in which any suit on behalf of the state instituted by the county timber inspector or by his or her authority under the provisions of this subchapter may be pending to prosecute the suit on the part of the state.

(b) (1) Immediately upon receiving information of any trespass upon lands in his or her circuit, every prosecuting attorney shall prosecute the proper criminal action against the offender and advise the county timber inspector thereof of the county in which the trespass occurred. (2) When required by the county timber inspector, the prosecuting attorney shall prosecute a civil action for damages for any trespass or to recover possession of any material taken from any land.

(1) Immediately upon receiving information of any trespass upon lands in his or her circuit, every prosecuting attorney shall prosecute the proper criminal action against the offender and advise the county timber inspector thereof of the county in which the trespass occurred.

(2) When required by the county timber inspector, the prosecuting attorney shall prosecute a civil action for damages for any trespass or to recover possession of any material taken from any land.

Acts 1883, No. 83, §§ 8, 22, p. 140; 1901, No. 130, §§ 18, 21, p. 202; C. & M. Dig., §§ 7010, 7013; Pope's Dig., §§ 8990, 8993; A.S.A. 1947, §§ 54-209, 54-212.
Ark. Code Ann. § 15-21-202 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-202
Land Survey Advisory Board - Creation - Members
Status: in_force

(a) (1) There is created the Land Survey Advisory Board. (2) The Land Survey Advisory Board shall assist and advise the Arkansas Geographic Information Systems Office and the State Surveyor concerning the powers, authority, and duties conferred upon the office and the State Surveyor under this subchapter. (b) The Land Survey Advisory Board shall consist of the following: (1) One (1) person who is a professional engineer and registered professional surveyor designated by the State Board of Licensure for Professional Engineers and Professional Surveyors; (2) One (1) person who is a registered professional surveyor designated by the Arkansas Society of Professional Surveyors; (3) One (1) person designated by the Arkansas Realtors Association; (4) One (1) person who is a registered professional engineer and registered professional surveyor with the Arkansas Department of Transportation designated by the State Highway Commission; (5) One (1) person designated by the County Judges Association of Arkansas; (6) One (1) licensed abstractor designated by the Arkansas Abstractors Association; and (7) One (1) registered professional surveyor designated by the Arkansas Forestry Commission. (c) All members of the Land Survey Advisory Board shall serve for terms of six (6) years. (d) Members of the Land Survey Advisory Board shall serve without compensation but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2017, No. 707,§ 34, eff. 8/1/2017. Amended by Act 2017, No. 145,§ 1, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 140, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 140, eff. 7/1/2015. Acts 1973, No. 458, §§ 4, 6; 1975 (Extended Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 10-1304, 10-1306; reen. Acts 1987, No. 862, § 1; 1995, No. 1296, § 51; 1997, No. 250, § 107; 2005, No. 1178, § 3.

(a) (1) There is created the Land Survey Advisory Board. (2) The Land Survey Advisory Board shall assist and advise the Arkansas Geographic Information Systems Office and the State Surveyor concerning the powers, authority, and duties conferred upon the office and the State Surveyor under this subchapter.

(1) There is created the Land Survey Advisory Board.

(2) The Land Survey Advisory Board shall assist and advise the Arkansas Geographic Information Systems Office and the State Surveyor concerning the powers, authority, and duties conferred upon the office and the State Surveyor under this subchapter.

(b) The Land Survey Advisory Board shall consist of the following: (1) One (1) person who is a professional engineer and registered professional surveyor designated by the State Board of Licensure for Professional Engineers and Professional Surveyors; (2) One (1) person who is a registered professional surveyor designated by the Arkansas Society of Professional Surveyors; (3) One (1) person designated by the Arkansas Realtors Association; (4) One (1) person who is a registered professional engineer and registered professional surveyor with the Arkansas Department of Transportation designated by the State Highway Commission; (5) One (1) person designated by the County Judges Association of Arkansas; (6) One (1) licensed abstractor designated by the Arkansas Abstractors Association; and (7) One (1) registered professional surveyor designated by the Arkansas Forestry Commission.

(1) One (1) person who is a professional engineer and registered professional surveyor designated by the State Board of Licensure for Professional Engineers and Professional Surveyors;

(2) One (1) person who is a registered professional surveyor designated by the Arkansas Society of Professional Surveyors;

(3) One (1) person designated by the Arkansas Realtors Association;

(4) One (1) person who is a registered professional engineer and registered professional surveyor with the Arkansas Department of Transportation designated by the State Highway Commission;

(5) One (1) person designated by the County Judges Association of Arkansas;

(6) One (1) licensed abstractor designated by the Arkansas Abstractors Association; and

(7) One (1) registered professional surveyor designated by the Arkansas Forestry Commission.

(c) All members of the Land Survey Advisory Board shall serve for terms of six (6) years.

(d) Members of the Land Survey Advisory Board shall serve without compensation but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2017, No. 707,§ 34, eff. 8/1/2017.

Amended by Act 2017, No. 145,§ 1, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 140, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 140, eff. 7/1/2015.

Acts 1973, No. 458, §§ 4, 6; 1975 (Extended Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 10-1304, 10-1306; reen. Acts 1987, No. 862, § 1; 1995, No. 1296, § 51; 1997, No. 250, § 107; 2005, No. 1178, § 3.
Ark. Code Ann. § 15-4-517 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-517
Bond issue - Terms
Status: in_force

(a) (1) Bonds, notes, or other obligations issued under the provisions of this act shall be issued by the corporation in such form as its directors may provide and shall be executed by the president and the secretary of the corporation and be sealed with its corporate seal. (2) In the event any of the officers whose signatures appear on any such obligations shall cease to be officers before the delivery thereof, the signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until delivery. (3) Signatures to interest coupons attached to any such obligation may be lithographed or engraved. (b) First lien obligations of the corporation shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and places not exceeding twenty-five (25) years from their date, as shall be prescribed by the corporation. Acts 1955, No. 404, § 28; 1957, No. 47, § 6; 1968 (2nd Ex. Sess.), No. 11, § 3; 1971, No. 210, § 1; 1981, No. 425, § 49; A.S.A. 1947, § 9-531.

(a) (1) Bonds, notes, or other obligations issued under the provisions of this act shall be issued by the corporation in such form as its directors may provide and shall be executed by the president and the secretary of the corporation and be sealed with its corporate seal. (2) In the event any of the officers whose signatures appear on any such obligations shall cease to be officers before the delivery thereof, the signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until delivery. (3) Signatures to interest coupons attached to any such obligation may be lithographed or engraved.

(1) Bonds, notes, or other obligations issued under the provisions of this act shall be issued by the corporation in such form as its directors may provide and shall be executed by the president and the secretary of the corporation and be sealed with its corporate seal.

(2) In the event any of the officers whose signatures appear on any such obligations shall cease to be officers before the delivery thereof, the signatures shall, nevertheless, be valid and sufficient for all purposes the same as if they had remained in office until delivery.

(3) Signatures to interest coupons attached to any such obligation may be lithographed or engraved.

(b) First lien obligations of the corporation shall bear interest at such rate or rates, payable semiannually, and shall be payable at such times and places not exceeding twenty-five (25) years from their date, as shall be prescribed by the corporation.

Acts 1955, No. 404, § 28; 1957, No. 47, § 6; 1968 (2nd Ex. Sess.), No. 11, § 3; 1971, No. 210, § 1; 1981, No. 425, § 49; A.S.A. 1947, § 9-531.
Ark. Code Ann. § 15-58-405 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-405
Right of entry
Status: in_force

(a) The Director of the Division of Environmental Quality or his or her authorized representative pursuant to an approved state abandoned mine reclamation program shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects. (b) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass thereon. Amended by Act 2019, No. 910,§ 3158, eff. 7/1/2019. Acts 1979, No. 134, § 10; A.S.A. 1947, § 52-944.

(a) The Director of the Division of Environmental Quality or his or her authorized representative pursuant to an approved state abandoned mine reclamation program shall have the right to enter upon any property for the purpose of conducting studies or exploratory work to determine the existence of adverse effects of past coal mining practices and to determine the feasibility of restoration, reclamation, abatement, control, or prevention of the adverse effects.

(b) The entry shall be construed as an exercise of the police power for the protection of public health, safety, and general welfare and shall not be construed as an act of condemnation of property or trespass thereon.

Amended by Act 2019, No. 910,§ 3158, eff. 7/1/2019.

Acts 1979, No. 134, § 10; A.S.A. 1947, § 52-944.
Ark. Code Ann. § 15-4-2301 — AR Code / Title 15 / Chapter 4 / Subchapter 23 / Section 15-4-2301
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Public Roads Improvements Credit Act". Acts 1999, No. 1347, § 1.

This subchapter may be referred to and cited as the "Arkansas Public Roads Improvements Credit Act".

Acts 1999, No. 1347, § 1.
Ark. Code Ann. § 15-58-212 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-212
Judicial review
Status: in_force

(a) Any person who participated in the administrative proceeding may institute proceedings for judicial review by filing a petition in the Pulaski County Circuit Court or in the circuit court of any county in which the involved surface coal mining operation is located within thirty (30) days after service upon petitioner of the Arkansas Pollution Control and Ecology Commission's final decision if that person is aggrieved by: (1) The final order or the decision rendered in an adjudicatory hearing under §§ 15-58-209 - 15-58-211 ; (2) The final decision of the commission on a petition to designate lands unsuitable for all or certain types of surface coal mining pursuant to §§ 15-58-207 and 15-58-208 ; (3) The final decision of the commission regarding the use of lands under the State Abandoned Mine Reclamation Program pursuant to §§ 15-58-207 and 15-58-208 ; or (4) The promulgation of rules by the commission pursuant to §§ 15-58-207 and 15-58-208 . (b) Copies of the petition shall be served upon the agency and all other parties of record by personal delivery or by mail. (c) The court, in its discretion, may permit other interested persons to intervene. (d) Any petition for judicial review of the assessment of a civil penalty shall be accompanied by a bond, with sufficient surety in the amount of the penalty, plus interest at the rate of ten percent (10%) per annum. (e) The filing of the petition shall not automatically stay enforcement of the commission's action, but the reviewing court may do so if: (1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) The person requesting the relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding; and (3) The relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources. (f) Within thirty (30) days after service of the petition or within such further time as the court may allow, but not exceeding an aggregate of ninety (90) days, the commission shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record. (g) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that the evidence could not with reasonable diligence have been discovered and produced at the administrative hearing, the court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (h) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the commission, not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs. (i) The court may affirm the decision of the commission or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the commission's findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions or the provisions of this chapter; (2) In excess of the authority granted in this chapter; (3) Not supported by substantial evidence of record; or (4) Arbitrary, capricious, or characterized by abuse of discretion. Amended by Act 2019, No. 315,§ 1194, eff. 7/24/2019. Acts 1979, No. 134, § 30; A.S.A. 1947, § 52-964.

(a) Any person who participated in the administrative proceeding may institute proceedings for judicial review by filing a petition in the Pulaski County Circuit Court or in the circuit court of any county in which the involved surface coal mining operation is located within thirty (30) days after service upon petitioner of the Arkansas Pollution Control and Ecology Commission's final decision if that person is aggrieved by: (1) The final order or the decision rendered in an adjudicatory hearing under §§ 15-58-209 - 15-58-211 ; (2) The final decision of the commission on a petition to designate lands unsuitable for all or certain types of surface coal mining pursuant to §§ 15-58-207 and 15-58-208 ; (3) The final decision of the commission regarding the use of lands under the State Abandoned Mine Reclamation Program pursuant to §§ 15-58-207 and 15-58-208 ; or (4) The promulgation of rules by the commission pursuant to §§ 15-58-207 and 15-58-208 .

(1) The final order or the decision rendered in an adjudicatory hearing under §§ 15-58-209 - 15-58-211 ;

(2) The final decision of the commission on a petition to designate lands unsuitable for all or certain types of surface coal mining pursuant to §§ 15-58-207 and 15-58-208 ;

(3) The final decision of the commission regarding the use of lands under the State Abandoned Mine Reclamation Program pursuant to §§ 15-58-207 and 15-58-208 ; or

(4) The promulgation of rules by the commission pursuant to §§ 15-58-207 and 15-58-208 .

(b) Copies of the petition shall be served upon the agency and all other parties of record by personal delivery or by mail.

(c) The court, in its discretion, may permit other interested persons to intervene.

(d) Any petition for judicial review of the assessment of a civil penalty shall be accompanied by a bond, with sufficient surety in the amount of the penalty, plus interest at the rate of ten percent (10%) per annum.

(e) The filing of the petition shall not automatically stay enforcement of the commission's action, but the reviewing court may do so if: (1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief; (2) The person requesting the relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding; and (3) The relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

(1) All parties to the proceedings have been notified and given an opportunity to be heard on a request for temporary relief;

(2) The person requesting the relief shows that there is a substantial likelihood that he or she will prevail on the merits of the final determination of the proceeding; and

(3) The relief will not adversely affect the public health or safety or cause significant imminent environmental harm to land, air, or water resources.

(f) Within thirty (30) days after service of the petition or within such further time as the court may allow, but not exceeding an aggregate of ninety (90) days, the commission shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs. The court may require or permit subsequent corrections or additions to the record.

(g) If, before the date set for hearing, application is made to the court for leave to present additional evidence and the court finds that the evidence is material and that the evidence could not with reasonable diligence have been discovered and produced at the administrative hearing, the court may order that the additional evidence be taken before the commission upon such conditions as may be just. The commission may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court.

(h) The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the commission, not shown in the record, testimony may be taken before the court. The court shall, upon request, hear oral argument and receive written briefs.

(i) The court may affirm the decision of the commission or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the commission's findings, inferences, conclusions, or decisions are: (1) In violation of constitutional provisions or the provisions of this chapter; (2) In excess of the authority granted in this chapter; (3) Not supported by substantial evidence of record; or (4) Arbitrary, capricious, or characterized by abuse of discretion.

(1) In violation of constitutional provisions or the provisions of this chapter;

(2) In excess of the authority granted in this chapter;

(3) Not supported by substantial evidence of record; or

(4) Arbitrary, capricious, or characterized by abuse of discretion.

Amended by Act 2019, No. 315,§ 1194, eff. 7/24/2019.

Acts 1979, No. 134, § 30; A.S.A. 1947, § 52-964.
Ark. Code Ann. § 15-5-1503 — AR Code / Title 15 / Chapter 5 / Subchapter 15 / Section 15-5-1503
Brownfield Revolving Loan Fund - Establishment - Uses
Status: in_force

(a) (1) There is established on the books of the Arkansas Development Finance Authority a special restricted fund to be known as the "Brownfield Revolving Loan Fund", which shall be maintained by the authority and administered by the Division of Environmental Quality for the purposes stated under this subchapter. (2) The authority may create subaccounts within the fund, as necessary. (b) Moneys in the fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state grants and may be used to: (1) Provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions under § 8-7-1101 et seq.; (2) Provide grants for assessments, investigations, and remedial actions under § 8-7-1101 et seq. or as consistent with federal law; (3) Secure the payment of the principal, premium, and interest on and to pay costs incurred in connection with bonds issued by the authority if the net proceeds of the bonds are deposited into the fund; (4) Fund administrative expenses relating to implementing this subchapter; and (5) Provide for any other expenditures consistent with applicable federal or state law. Amended by Act 2019, No. 910,§ 3048, eff. 7/1/2019. Acts 2003, No. 1194, § 1.

(a) (1) There is established on the books of the Arkansas Development Finance Authority a special restricted fund to be known as the "Brownfield Revolving Loan Fund", which shall be maintained by the authority and administered by the Division of Environmental Quality for the purposes stated under this subchapter. (2) The authority may create subaccounts within the fund, as necessary.

(1) There is established on the books of the Arkansas Development Finance Authority a special restricted fund to be known as the "Brownfield Revolving Loan Fund", which shall be maintained by the authority and administered by the Division of Environmental Quality for the purposes stated under this subchapter.

(2) The authority may create subaccounts within the fund, as necessary.

(b) Moneys in the fund shall be expended in a manner consistent with the terms and conditions of applicable federal and state grants and may be used to: (1) Provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions under § 8-7-1101 et seq.; (2) Provide grants for assessments, investigations, and remedial actions under § 8-7-1101 et seq. or as consistent with federal law; (3) Secure the payment of the principal, premium, and interest on and to pay costs incurred in connection with bonds issued by the authority if the net proceeds of the bonds are deposited into the fund; (4) Fund administrative expenses relating to implementing this subchapter; and (5) Provide for any other expenditures consistent with applicable federal or state law.

(1) Provide loans to prospective and actual purchasers of abandoned industrial, commercial, or agricultural sites for assessments, investigations, and remedial actions under § 8-7-1101 et seq.;

(2) Provide grants for assessments, investigations, and remedial actions under § 8-7-1101 et seq. or as consistent with federal law;

(3) Secure the payment of the principal, premium, and interest on and to pay costs incurred in connection with bonds issued by the authority if the net proceeds of the bonds are deposited into the fund;

(4) Fund administrative expenses relating to implementing this subchapter; and

(5) Provide for any other expenditures consistent with applicable federal or state law.

Amended by Act 2019, No. 910,§ 3048, eff. 7/1/2019.

Acts 2003, No. 1194, § 1.
Ark. Code Ann. § 15-31-113 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-113
Legislative findings - Purpose
Status: in_force

(a) The General Assembly finds: (1) The Arkansas Forestry Commission enforces laws pertaining to wildland fires, timber theft, and unlawful dumping on forest land; (2) Under current law, fines resulting from violations of the wildland fire laws are deposited with local school districts; and (3) The law is silent on where to deposit fines resulting from violations of the dumping and timber theft laws. (b) The purpose of this section and § 15-31-114 is to establish that fines generated by law enforcement activities of the commission be deposited into the State Forestry Fund. Amended by Act 2017, No. 374,§ 36, eff. 8/1/2017. Acts 1997, No. 132, § 1; 2005, No. 1962, § 71.

(a) The General Assembly finds: (1) The Arkansas Forestry Commission enforces laws pertaining to wildland fires, timber theft, and unlawful dumping on forest land; (2) Under current law, fines resulting from violations of the wildland fire laws are deposited with local school districts; and (3) The law is silent on where to deposit fines resulting from violations of the dumping and timber theft laws.

(1) The Arkansas Forestry Commission enforces laws pertaining to wildland fires, timber theft, and unlawful dumping on forest land;

(2) Under current law, fines resulting from violations of the wildland fire laws are deposited with local school districts; and

(3) The law is silent on where to deposit fines resulting from violations of the dumping and timber theft laws.

(b) The purpose of this section and § 15-31-114 is to establish that fines generated by law enforcement activities of the commission be deposited into the State Forestry Fund.

Amended by Act 2017, No. 374,§ 36, eff. 8/1/2017.

Acts 1997, No. 132, § 1; 2005, No. 1962, § 71.
Ark. Code Ann. § 15-42-104 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-104
Hunting and fishing licenses for residents - Special fees
Status: in_force

(a) (1) The maximum fee for the annual resident basic hunting license for any resident of the State of Arkansas who is sixteen (16) years of age or older for the privilege of taking small game and the taking of one (1) deer by the use of a modern center-fire firearm shall be as provided by the regulations and within the bag limits promulgated by the Arkansas State Game and Fish Commission but shall not exceed eleven dollars and fifty cents ($11.50) each until July 1, 1997, when the maximum fee shall revert to ten dollars and fifty cents ($10.50). (2) The maximum fee for the annual resident sportsman hunting license for any resident of the State of Arkansas who is sixteen (16) years of age or older for the privilege of taking three (3) deer and all other game by any method of taking shall be as provided by the regulations and within the bag limits promulgated by the commission but shall not exceed twenty-six dollars ($26.00) each until July 1, 1997, when the maximum fee shall revert to twenty-five dollars ($25.00) each. (3) In addition to the annual resident basic and sportsman hunting license fees authorized in this subsection, the commission by regulation may provide that any resident of this state who is sixteen (16) years of age or older be required: (A) For the privilege of hunting migratory birds in this state, to obtain a special permit and pay a special annual fee not to exceed seven dollars ($7.00) each; (B) For the privilege of taking a bonus deer in addition to the deer authorized with the basic hunting license and the sportsman hunting license, to obtain a special permit and pay a special fee not to exceed ten dollars ($10.00) each; and (C) For the privilege of hunting elk in this state, to obtain a special permit and pay a special annual fee not to exceed thirty-five dollars ($35.00) each. (4) Nothing contained herein is intended to restrict the authority of the commission to charge any resident of the state an additional fee solely for the purpose of entering upon and hunting upon any land owned or leased by the commission. (b) (1) The maximum fee for the annual resident fishing license for any resident of the State of Arkansas who is sixteen (16) years of age or older shall be as provided by the regulations promulgated by the commission but shall not exceed eleven dollars and fifty cents ($11.50) each until July 1, 1997, when the maximum fee shall revert to ten dollars and fifty cents ($10.50) each. (2) In addition to the annual resident fishing license fee authorized in this subsection, the commission by regulation may provide that any resident of this state sixteen (16) years of age or older be required for the privilege of fishing for trout in this state to obtain a special permit and pay a special annual fee not to exceed ten dollars ($10.00). (3) In lieu of the annual resident fishing license fee authorized in this subsection, the commission by regulation may provide that any resident of this state sixteen (16) years of age or older be authorized to purchase a three-day-trip fishing license for a fee not to exceed seven dollars and fifty cents ($7.50) each until July 1, 1997, when the maximum fee shall revert to six dollars and fifty cents ($6.50) each. (c) The maximum fee for the annual resident combination sportsman hunting and fishing license for any resident of the State of Arkansas who is sixteen (16) years of age or older for all hunting and fishing privileges except those covered by the migratory bird and trout permits shall be as provided by the regulations and within the bag limits as promulgated by the commission but shall not exceed thirty-seven dollars and fifty cents ($37.50) each until July 1, 1997, when the maximum fee shall revert to thirty-five dollars and fifty cents ($35.50). (d) (1) The commission: (A) Shall provide for the issuance of a lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is: (i) Sixty-five (65) years of age or older for a one-time fee of thirty-five dollars and fifty cents ($35.50); (ii) Any age for a one-time fee of one thousand dollars ($1,000); or (iii) Sixty (60) years of age or older who is a regular or nonregular retiree of the armed services of the United States for a one-time fee of thirty-five dollars and fifty cents ($35.50); and (B) May provide for the issuance of: (i) A lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is ten (10) years of age or younger for a one-time fee of five hundred dollars ($500); (ii) A lifetime hunting-only license or a lifetime fishing-only license for a fee that shall not exceed the fee that the resident would be charged otherwise for the issuance of a lifetime license under subdivision (d)(1)(A) of this section; (iii) An annual resident sportsman hunting license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); (iv) An annual resident fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); and (v) An annual resident combination hunting and fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed four dollars and fifty cents ($4.50). (2) The commission shall offer a resident issued a lifetime hunting and fishing license under subdivision (d)(1)(A) of this section or subdivision (d)(1)(B)(i) of this section, a lifetime hunting-only license or a lifetime fishing-only license under subdivision (d)(1)(B) of this section, or a lifetime hunting license or a lifetime fishing license under § 15-42-128 : (A) A lifetime trout stamp for a one-time fee of ten dollars ($10.00); (B) A lifetime state duck stamp for a one-time fee of seven dollars ($7.00); or (C) Both a lifetime trout stamp and a lifetime state duck stamp for a one-time fee of seventeen dollars ($17.00). (3) The commission: (A) Shall provide for the issuance of a three-year disabled hunting and fishing license to a resident of this state who is totally disabled for a fee of thirty-five dollars and fifty cents ($35.50); and (B) May provide for the issuance of a hunting-only license or a fishing-only license to a resident of this state who is totally disabled for a fee that shall not exceed thirty-five dollars and fifty cents ($35.50). (e) For this section, the commission may promulgate rules that: (1) Define "resident" and "totally disabled"; and (2) Govern the sale and use of each license, permit, or stamp issued under this section. (f) (1) When a resident purchases a license, permit, or stamp with an approved credit card, debit card, or other electronic payment method, the commission may assess a transaction fee not to exceed the fee the payment processor charges the commission for allowing the commission to accept the approved credit card, debit card, or other electronic payment method as the resident's payment for the license, permit, or stamp. (2) The transaction fee authorized under subdivision (f)(1) of this section shall be in addition to the fees and maximum fees set forth in this chapter. Amended by Act 2023, No. 755,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 755,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 755,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 886,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 886,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 368,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1253,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1253,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1253,§ 1, eff. 8/16/2013. Acts 1987, No. 910, §§ 1-4; 1987, No. 939, § 18; 1987 (1st Ex. Sess.), No. 1, §§ 2, 3; 1989, No. 49, § 1; 1989, No. 219, § 1; 1995, No. 369, § 1; 1999, No. 987, § 1; 2003, No. 428, § 1; 2009, No. 623, § 1; 2011, No. 302, § 1.

(a) (1) The maximum fee for the annual resident basic hunting license for any resident of the State of Arkansas who is sixteen (16) years of age or older for the privilege of taking small game and the taking of one (1) deer by the use of a modern center-fire firearm shall be as provided by the regulations and within the bag limits promulgated by the Arkansas State Game and Fish Commission but shall not exceed eleven dollars and fifty cents ($11.50) each until July 1, 1997, when the maximum fee shall revert to ten dollars and fifty cents ($10.50). (2) The maximum fee for the annual resident sportsman hunting license for any resident of the State of Arkansas who is sixteen (16) years of age or older for the privilege of taking three (3) deer and all other game by any method of taking shall be as provided by the regulations and within the bag limits promulgated by the commission but shall not exceed twenty-six dollars ($26.00) each until July 1, 1997, when the maximum fee shall revert to twenty-five dollars ($25.00) each. (3) In addition to the annual resident basic and sportsman hunting license fees authorized in this subsection, the commission by regulation may provide that any resident of this state who is sixteen (16) years of age or older be required: (A) For the privilege of hunting migratory birds in this state, to obtain a special permit and pay a special annual fee not to exceed seven dollars ($7.00) each; (B) For the privilege of taking a bonus deer in addition to the deer authorized with the basic hunting license and the sportsman hunting license, to obtain a special permit and pay a special fee not to exceed ten dollars ($10.00) each; and (C) For the privilege of hunting elk in this state, to obtain a special permit and pay a special annual fee not to exceed thirty-five dollars ($35.00) each. (4) Nothing contained herein is intended to restrict the authority of the commission to charge any resident of the state an additional fee solely for the purpose of entering upon and hunting upon any land owned or leased by the commission.

(1) The maximum fee for the annual resident basic hunting license for any resident of the State of Arkansas who is sixteen (16) years of age or older for the privilege of taking small game and the taking of one (1) deer by the use of a modern center-fire firearm shall be as provided by the regulations and within the bag limits promulgated by the Arkansas State Game and Fish Commission but shall not exceed eleven dollars and fifty cents ($11.50) each until July 1, 1997, when the maximum fee shall revert to ten dollars and fifty cents ($10.50).

(2) The maximum fee for the annual resident sportsman hunting license for any resident of the State of Arkansas who is sixteen (16) years of age or older for the privilege of taking three (3) deer and all other game by any method of taking shall be as provided by the regulations and within the bag limits promulgated by the commission but shall not exceed twenty-six dollars ($26.00) each until July 1, 1997, when the maximum fee shall revert to twenty-five dollars ($25.00) each.

(3) In addition to the annual resident basic and sportsman hunting license fees authorized in this subsection, the commission by regulation may provide that any resident of this state who is sixteen (16) years of age or older be required: (A) For the privilege of hunting migratory birds in this state, to obtain a special permit and pay a special annual fee not to exceed seven dollars ($7.00) each; (B) For the privilege of taking a bonus deer in addition to the deer authorized with the basic hunting license and the sportsman hunting license, to obtain a special permit and pay a special fee not to exceed ten dollars ($10.00) each; and (C) For the privilege of hunting elk in this state, to obtain a special permit and pay a special annual fee not to exceed thirty-five dollars ($35.00) each.

(A) For the privilege of hunting migratory birds in this state, to obtain a special permit and pay a special annual fee not to exceed seven dollars ($7.00) each;

(B) For the privilege of taking a bonus deer in addition to the deer authorized with the basic hunting license and the sportsman hunting license, to obtain a special permit and pay a special fee not to exceed ten dollars ($10.00) each; and

(C) For the privilege of hunting elk in this state, to obtain a special permit and pay a special annual fee not to exceed thirty-five dollars ($35.00) each.

(4) Nothing contained herein is intended to restrict the authority of the commission to charge any resident of the state an additional fee solely for the purpose of entering upon and hunting upon any land owned or leased by the commission.

(b) (1) The maximum fee for the annual resident fishing license for any resident of the State of Arkansas who is sixteen (16) years of age or older shall be as provided by the regulations promulgated by the commission but shall not exceed eleven dollars and fifty cents ($11.50) each until July 1, 1997, when the maximum fee shall revert to ten dollars and fifty cents ($10.50) each. (2) In addition to the annual resident fishing license fee authorized in this subsection, the commission by regulation may provide that any resident of this state sixteen (16) years of age or older be required for the privilege of fishing for trout in this state to obtain a special permit and pay a special annual fee not to exceed ten dollars ($10.00). (3) In lieu of the annual resident fishing license fee authorized in this subsection, the commission by regulation may provide that any resident of this state sixteen (16) years of age or older be authorized to purchase a three-day-trip fishing license for a fee not to exceed seven dollars and fifty cents ($7.50) each until July 1, 1997, when the maximum fee shall revert to six dollars and fifty cents ($6.50) each.

(1) The maximum fee for the annual resident fishing license for any resident of the State of Arkansas who is sixteen (16) years of age or older shall be as provided by the regulations promulgated by the commission but shall not exceed eleven dollars and fifty cents ($11.50) each until July 1, 1997, when the maximum fee shall revert to ten dollars and fifty cents ($10.50) each.

(2) In addition to the annual resident fishing license fee authorized in this subsection, the commission by regulation may provide that any resident of this state sixteen (16) years of age or older be required for the privilege of fishing for trout in this state to obtain a special permit and pay a special annual fee not to exceed ten dollars ($10.00).

(3) In lieu of the annual resident fishing license fee authorized in this subsection, the commission by regulation may provide that any resident of this state sixteen (16) years of age or older be authorized to purchase a three-day-trip fishing license for a fee not to exceed seven dollars and fifty cents ($7.50) each until July 1, 1997, when the maximum fee shall revert to six dollars and fifty cents ($6.50) each.

(c) The maximum fee for the annual resident combination sportsman hunting and fishing license for any resident of the State of Arkansas who is sixteen (16) years of age or older for all hunting and fishing privileges except those covered by the migratory bird and trout permits shall be as provided by the regulations and within the bag limits as promulgated by the commission but shall not exceed thirty-seven dollars and fifty cents ($37.50) each until July 1, 1997, when the maximum fee shall revert to thirty-five dollars and fifty cents ($35.50).

(d) (1) The commission: (A) Shall provide for the issuance of a lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is: (i) Sixty-five (65) years of age or older for a one-time fee of thirty-five dollars and fifty cents ($35.50); (ii) Any age for a one-time fee of one thousand dollars ($1,000); or (iii) Sixty (60) years of age or older who is a regular or nonregular retiree of the armed services of the United States for a one-time fee of thirty-five dollars and fifty cents ($35.50); and (B) May provide for the issuance of: (i) A lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is ten (10) years of age or younger for a one-time fee of five hundred dollars ($500); (ii) A lifetime hunting-only license or a lifetime fishing-only license for a fee that shall not exceed the fee that the resident would be charged otherwise for the issuance of a lifetime license under subdivision (d)(1)(A) of this section; (iii) An annual resident sportsman hunting license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); (iv) An annual resident fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); and (v) An annual resident combination hunting and fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed four dollars and fifty cents ($4.50). (2) The commission shall offer a resident issued a lifetime hunting and fishing license under subdivision (d)(1)(A) of this section or subdivision (d)(1)(B)(i) of this section, a lifetime hunting-only license or a lifetime fishing-only license under subdivision (d)(1)(B) of this section, or a lifetime hunting license or a lifetime fishing license under § 15-42-128 : (A) A lifetime trout stamp for a one-time fee of ten dollars ($10.00); (B) A lifetime state duck stamp for a one-time fee of seven dollars ($7.00); or (C) Both a lifetime trout stamp and a lifetime state duck stamp for a one-time fee of seventeen dollars ($17.00). (3) The commission: (A) Shall provide for the issuance of a three-year disabled hunting and fishing license to a resident of this state who is totally disabled for a fee of thirty-five dollars and fifty cents ($35.50); and (B) May provide for the issuance of a hunting-only license or a fishing-only license to a resident of this state who is totally disabled for a fee that shall not exceed thirty-five dollars and fifty cents ($35.50).

(1) The commission: (A) Shall provide for the issuance of a lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is: (i) Sixty-five (65) years of age or older for a one-time fee of thirty-five dollars and fifty cents ($35.50); (ii) Any age for a one-time fee of one thousand dollars ($1,000); or (iii) Sixty (60) years of age or older who is a regular or nonregular retiree of the armed services of the United States for a one-time fee of thirty-five dollars and fifty cents ($35.50); and (B) May provide for the issuance of: (i) A lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is ten (10) years of age or younger for a one-time fee of five hundred dollars ($500); (ii) A lifetime hunting-only license or a lifetime fishing-only license for a fee that shall not exceed the fee that the resident would be charged otherwise for the issuance of a lifetime license under subdivision (d)(1)(A) of this section; (iii) An annual resident sportsman hunting license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); (iv) An annual resident fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); and (v) An annual resident combination hunting and fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed four dollars and fifty cents ($4.50).

(A) Shall provide for the issuance of a lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is: (i) Sixty-five (65) years of age or older for a one-time fee of thirty-five dollars and fifty cents ($35.50); (ii) Any age for a one-time fee of one thousand dollars ($1,000); or (iii) Sixty (60) years of age or older who is a regular or nonregular retiree of the armed services of the United States for a one-time fee of thirty-five dollars and fifty cents ($35.50); and

(i) Sixty-five (65) years of age or older for a one-time fee of thirty-five dollars and fifty cents ($35.50);

(ii) Any age for a one-time fee of one thousand dollars ($1,000); or

(iii) Sixty (60) years of age or older who is a regular or nonregular retiree of the armed services of the United States for a one-time fee of thirty-five dollars and fifty cents ($35.50); and

(B) May provide for the issuance of: (i) A lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is ten (10) years of age or younger for a one-time fee of five hundred dollars ($500); (ii) A lifetime hunting-only license or a lifetime fishing-only license for a fee that shall not exceed the fee that the resident would be charged otherwise for the issuance of a lifetime license under subdivision (d)(1)(A) of this section; (iii) An annual resident sportsman hunting license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); (iv) An annual resident fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); and (v) An annual resident combination hunting and fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed four dollars and fifty cents ($4.50).

(i) A lifetime hunting and fishing license, with an optional lifetime trout stamp and lifetime state duck stamp, to a resident of this state who is ten (10) years of age or younger for a one-time fee of five hundred dollars ($500);

(ii) A lifetime hunting-only license or a lifetime fishing-only license for a fee that shall not exceed the fee that the resident would be charged otherwise for the issuance of a lifetime license under subdivision (d)(1)(A) of this section;

(iii) An annual resident sportsman hunting license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50);

(iv) An annual resident fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed three dollars and fifty cents ($3.50); and

(v) An annual resident combination hunting and fishing license to a resident of the state who is sixty-five (65) years of age or older for a fee not to exceed four dollars and fifty cents ($4.50).

(2) The commission shall offer a resident issued a lifetime hunting and fishing license under subdivision (d)(1)(A) of this section or subdivision (d)(1)(B)(i) of this section, a lifetime hunting-only license or a lifetime fishing-only license under subdivision (d)(1)(B) of this section, or a lifetime hunting license or a lifetime fishing license under § 15-42-128 : (A) A lifetime trout stamp for a one-time fee of ten dollars ($10.00); (B) A lifetime state duck stamp for a one-time fee of seven dollars ($7.00); or (C) Both a lifetime trout stamp and a lifetime state duck stamp for a one-time fee of seventeen dollars ($17.00).

(A) A lifetime trout stamp for a one-time fee of ten dollars ($10.00);

(B) A lifetime state duck stamp for a one-time fee of seven dollars ($7.00); or

(C) Both a lifetime trout stamp and a lifetime state duck stamp for a one-time fee of seventeen dollars ($17.00).

(3) The commission: (A) Shall provide for the issuance of a three-year disabled hunting and fishing license to a resident of this state who is totally disabled for a fee of thirty-five dollars and fifty cents ($35.50); and (B) May provide for the issuance of a hunting-only license or a fishing-only license to a resident of this state who is totally disabled for a fee that shall not exceed thirty-five dollars and fifty cents ($35.50).

(A) Shall provide for the issuance of a three-year disabled hunting and fishing license to a resident of this state who is totally disabled for a fee of thirty-five dollars and fifty cents ($35.50); and

(B) May provide for the issuance of a hunting-only license or a fishing-only license to a resident of this state who is totally disabled for a fee that shall not exceed thirty-five dollars and fifty cents ($35.50).

(e) For this section, the commission may promulgate rules that: (1) Define "resident" and "totally disabled"; and (2) Govern the sale and use of each license, permit, or stamp issued under this section.

(1) Define "resident" and "totally disabled"; and

(2) Govern the sale and use of each license, permit, or stamp issued under this section.

(f) (1) When a resident purchases a license, permit, or stamp with an approved credit card, debit card, or other electronic payment method, the commission may assess a transaction fee not to exceed the fee the payment processor charges the commission for allowing the commission to accept the approved credit card, debit card, or other electronic payment method as the resident's payment for the license, permit, or stamp. (2) The transaction fee authorized under subdivision (f)(1) of this section shall be in addition to the fees and maximum fees set forth in this chapter.

(1) When a resident purchases a license, permit, or stamp with an approved credit card, debit card, or other electronic payment method, the commission may assess a transaction fee not to exceed the fee the payment processor charges the commission for allowing the commission to accept the approved credit card, debit card, or other electronic payment method as the resident's payment for the license, permit, or stamp.

(2) The transaction fee authorized under subdivision (f)(1) of this section shall be in addition to the fees and maximum fees set forth in this chapter.

Amended by Act 2023, No. 755,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 755,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 755,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 886,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 886,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 368,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1253,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1253,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1253,§ 1, eff. 8/16/2013.

Acts 1987, No. 910, §§ 1-4; 1987, No. 939, § 18; 1987 (1st Ex. Sess.), No. 1, §§ 2, 3; 1989, No. 49, § 1; 1989, No. 219, § 1; 1995, No. 369, § 1; 1999, No. 987, § 1; 2003, No. 428, § 1; 2009, No. 623, § 1; 2011, No. 302, § 1.
Ark. Code Ann. § 15-31-107 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-107
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 93, eff. 7/1/2019. Acts 1985, No. 464, § 3; A.S.A. 1947, § 9-743; Acts 1989 (1st Ex. Sess.), No. 183, § 13; 1991, No. 441, § 13.

Repealed by Act 2019, No. 910,§ 93, eff. 7/1/2019.

Acts 1985, No. 464, § 3; A.S.A. 1947, § 9-743; Acts 1989 (1st Ex. Sess.), No. 183, § 13; 1991, No. 441, § 13.
Ark. Code Ann. § 15-4-1201 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1201
Title
Status: in_force

This subchapter shall be referred to and may be cited as the "County and Regional Industrial Development Company Act". Acts 1991, No. 1029, § 1; 1999, No. 37, § 1.

This subchapter shall be referred to and may be cited as the "County and Regional Industrial Development Company Act".

Acts 1991, No. 1029, § 1; 1999, No. 37, § 1.
Ark. Code Ann. § 15-57-318 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-318
Registration of existing open-cut mines
Status: in_force

The Division of Environmental Quality shall require registration of all existing unpermitted open-cut mines in which mining operations are not being conducted. Amended by Act 2019, No. 910,§ 3109, eff. 7/1/2019. Acts 1991, No. 827, § 18.

The Division of Environmental Quality shall require registration of all existing unpermitted open-cut mines in which mining operations are not being conducted.

Amended by Act 2019, No. 910,§ 3109, eff. 7/1/2019.

Acts 1991, No. 827, § 18.
Ark. Code Ann. § 15-76-307 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-307
Procedure and rules of the commission
Status: in_force

(a) The Oil and Gas Commission shall prescribe its rules of order and procedure with respect to all hearings or proceedings hereunder in accordance with and as limited by the laws of this state applicable to hearings and proceedings before the commission under other acts of this state, including provisions of law regarding notice and hearing and provisions of law regarding the promulgation by the commission of rules and orders, including changes, renewals, or extensions thereof, and including emergency promulgations. (b) No rule or order, including change, renewal, or extension thereof, shall, in the absence of an emergency, be made by the commission under the provisions of this subchapter except after a public hearing upon at least twenty (20) days' notice given in the manner and form as may be prescribed by the commission. Such public hearing shall be held at such time and place and in such manner as may be prescribed by the commission. Any person having any interest in the subject matter of the hearing shall be entitled to be heard. (c) In the event an emergency is found to exist by the commission which, in its judgment, requires the making, changing, renewal, or extension of a rule or order without first having a hearing, such emergency rule or order shall have the same validity as if a hearing with respect to the rule or order had been held after due notice. The emergency rule or order permitted by this section shall remain in force no longer than sixty (60) days from its effective date, and, in any event, it shall expire when the rule or order made after due notice and hearing with respect to the subject matter of such emergency rule or order becomes effective. (d) Should the commission elect to give notice by personal service, service may be made by any officer authorized to serve process or by any agent of the commission in the same manner as is provided by law for the service of summons in civil actions in the circuit courts of this state. Proof of the service by the agent shall be by the affidavit of the person making personal service. (e) All rules and orders made by the commission shall be in writing and shall be entered in full by the Director of Production and Conservation in a book to be kept for such purpose by the commission. This book shall be a public record and be open to inspection at all times during reasonable office hours. A copy of such rule or order, certified by the director, shall be received in evidence in all courts of this state with the same effect as the original. (f) Any interested person shall have the right to have the commission call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing and upon payment of a fee of two hundred fifty dollars ($250) or such sum as the commission may prescribe for each application for hearing or other proceeding before it under this subchapter. However, in no event shall the fee exceed five hundred dollars ($500). Upon the receipt of the request and fee, the commission shall promptly call a hearing thereon and, with all convenient speed and in any event within thirty (30) days of the date of the conclusion of the hearing, shall take action with regard to the subject matter thereof as it deems appropriate. Amended by Act 2019, No. 315,§ 1281, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1280, eff. 7/24/2019. Acts 1979, No. 937, § 4; 1981, No. 264, § 1; A.S.A. 1947, § 53-1304.

(a) The Oil and Gas Commission shall prescribe its rules of order and procedure with respect to all hearings or proceedings hereunder in accordance with and as limited by the laws of this state applicable to hearings and proceedings before the commission under other acts of this state, including provisions of law regarding notice and hearing and provisions of law regarding the promulgation by the commission of rules and orders, including changes, renewals, or extensions thereof, and including emergency promulgations.

(b) No rule or order, including change, renewal, or extension thereof, shall, in the absence of an emergency, be made by the commission under the provisions of this subchapter except after a public hearing upon at least twenty (20) days' notice given in the manner and form as may be prescribed by the commission. Such public hearing shall be held at such time and place and in such manner as may be prescribed by the commission. Any person having any interest in the subject matter of the hearing shall be entitled to be heard.

(c) In the event an emergency is found to exist by the commission which, in its judgment, requires the making, changing, renewal, or extension of a rule or order without first having a hearing, such emergency rule or order shall have the same validity as if a hearing with respect to the rule or order had been held after due notice. The emergency rule or order permitted by this section shall remain in force no longer than sixty (60) days from its effective date, and, in any event, it shall expire when the rule or order made after due notice and hearing with respect to the subject matter of such emergency rule or order becomes effective.

(d) Should the commission elect to give notice by personal service, service may be made by any officer authorized to serve process or by any agent of the commission in the same manner as is provided by law for the service of summons in civil actions in the circuit courts of this state. Proof of the service by the agent shall be by the affidavit of the person making personal service.

(e) All rules and orders made by the commission shall be in writing and shall be entered in full by the Director of Production and Conservation in a book to be kept for such purpose by the commission. This book shall be a public record and be open to inspection at all times during reasonable office hours. A copy of such rule or order, certified by the director, shall be received in evidence in all courts of this state with the same effect as the original.

(f) Any interested person shall have the right to have the commission call a hearing for the purpose of taking action in respect to any matter within the jurisdiction of the commission by making a request therefor in writing and upon payment of a fee of two hundred fifty dollars ($250) or such sum as the commission may prescribe for each application for hearing or other proceeding before it under this subchapter. However, in no event shall the fee exceed five hundred dollars ($500). Upon the receipt of the request and fee, the commission shall promptly call a hearing thereon and, with all convenient speed and in any event within thirty (30) days of the date of the conclusion of the hearing, shall take action with regard to the subject matter thereof as it deems appropriate.

Amended by Act 2019, No. 315,§ 1281, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1280, eff. 7/24/2019.

Acts 1979, No. 937, § 4; 1981, No. 264, § 1; A.S.A. 1947, § 53-1304.
Ark. Code Ann. § 15-75-322 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-322
Shortage emergencies
Status: in_force

(a) The Governor of the State of Arkansas may join with the governor of any other state in declaring a liquefied petroleum gas shortage emergency. (b) When the declaration is issued, liquefied petroleum gas trucks and operators meeting all certification, permit, and licensing requirements of the United States Government and their home state shall be permitted to transport liquefied petroleum gas in and through Arkansas without obtaining any license, permit, or certification by an agency of the State of Arkansas. (c) The waiver of Arkansas licensing, permitting, and certification laws and rules regarding liquefied petroleum gas trucks and operators thereof shall be valid only during the time of the emergency. Amended by Act 2019, No. 315,§ 1273, eff. 7/24/2019. Acts 1991, No. 6, § 1.

(a) The Governor of the State of Arkansas may join with the governor of any other state in declaring a liquefied petroleum gas shortage emergency.

(b) When the declaration is issued, liquefied petroleum gas trucks and operators meeting all certification, permit, and licensing requirements of the United States Government and their home state shall be permitted to transport liquefied petroleum gas in and through Arkansas without obtaining any license, permit, or certification by an agency of the State of Arkansas.

(c) The waiver of Arkansas licensing, permitting, and certification laws and rules regarding liquefied petroleum gas trucks and operators thereof shall be valid only during the time of the emergency.

Amended by Act 2019, No. 315,§ 1273, eff. 7/24/2019.

Acts 1991, No. 6, § 1.
Ark. Code Ann. § 15-20-1101 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Soil Nutrient Application and Poultry Litter Utilization Act". Acts 2003, No. 1061, § 1.

This subchapter shall be known and may be cited as the "Arkansas Soil Nutrient Application and Poultry Litter Utilization Act".

Acts 2003, No. 1061, § 1.
Ark. Code Ann. § 15-58-201 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-201
Division - Jurisdiction, powers, and duties
Status: in_force

(a) The Division of Environmental Quality is designated as the official agency whose duty it is to establish policies and guidelines, to administer the guidelines contained in this chapter, and to institute other reasonable rules and guidelines as they become necessary pursuant to this chapter. The rules may provide differing terms and provisions for particular conditions, particular mining techniques, types of coal, particular areas of the state, surface mines, and the surface impacts of underground mines or any other differences which appear relevant and necessary so long as the action taken is consistent with attainment of the general intent and purposes of this chapter. (b) Exclusive jurisdiction over those aspects of surface coal mining and reclamation operations in this state regulated by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, shall be vested in the division. Amended by Act 2019, No. 315,§ 1177, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3140, eff. 7/1/2019. Acts 1979, No. 134, § 5; A.S.A. 1947, § 52-939; Acts 1999, No. 1164, § 144.

(a) The Division of Environmental Quality is designated as the official agency whose duty it is to establish policies and guidelines, to administer the guidelines contained in this chapter, and to institute other reasonable rules and guidelines as they become necessary pursuant to this chapter. The rules may provide differing terms and provisions for particular conditions, particular mining techniques, types of coal, particular areas of the state, surface mines, and the surface impacts of underground mines or any other differences which appear relevant and necessary so long as the action taken is consistent with attainment of the general intent and purposes of this chapter.

(b) Exclusive jurisdiction over those aspects of surface coal mining and reclamation operations in this state regulated by the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, shall be vested in the division.

Amended by Act 2019, No. 315,§ 1177, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3140, eff. 7/1/2019.

Acts 1979, No. 134, § 5; A.S.A. 1947, § 52-939; Acts 1999, No. 1164, § 144.
Ark. Code Ann. § 15-73-303 — AR Code / Title 15 / Chapter 73 / Subchapter 3 / Section 15-73-303
Hearing on lease execution
Status: in_force

(a) The circuit court shall consider the petition, and may, in its absolute discretion, require that other persons as it deems proper be made parties to the proceeding. (b) All proceedings under the provisions of this subchapter shall begin at any time the court shall be in session twenty (20) days after service of summons on the respondents. (c) The court may hear oral testimony to determine whether or not the execution of the lease is advisable. (d) It shall also determine what part of the consideration therefor, the rentals accruing thereunder, and what proportion of the oil, gas, and minerals should be allowed to the life tenant in fee simple as compensation for the damage to his or her life estate on account of the execution of the lease. Acts 1929, No. 76, §§ 3, 9; Pope's Dig., §§ 1802, 1808; A.S.A. 1947, §§ 53-304, 53-305.

(a) The circuit court shall consider the petition, and may, in its absolute discretion, require that other persons as it deems proper be made parties to the proceeding.

(b) All proceedings under the provisions of this subchapter shall begin at any time the court shall be in session twenty (20) days after service of summons on the respondents.

(c) The court may hear oral testimony to determine whether or not the execution of the lease is advisable.

(d) It shall also determine what part of the consideration therefor, the rentals accruing thereunder, and what proportion of the oil, gas, and minerals should be allowed to the life tenant in fee simple as compensation for the damage to his or her life estate on account of the execution of the lease.

Acts 1929, No. 76, §§ 3, 9; Pope's Dig., §§ 1802, 1808; A.S.A. 1947, §§ 53-304, 53-305.
Ark. Code Ann. § 15-30-107 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-107
Rules
Status: in_force

The Department of Agriculture shall promulgate rules on the requirements for becoming a qualified prescribed burner under this subchapter. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

The Department of Agriculture shall promulgate rules on the requirements for becoming a qualified prescribed burner under this subchapter.

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-5-201 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-201
Creation of authority
Status: in_force

There is created, with such duties and powers as are hereinafter set forth to carry out the provisions of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 , a public body politic and corporate, with corporate succession, to be an independent instrumentality exercising essential public functions, and to be known as the "Arkansas Development Finance Authority". Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.

There is created, with such duties and powers as are hereinafter set forth to carry out the provisions of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 , a public body politic and corporate, with corporate succession, to be an independent instrumentality exercising essential public functions, and to be known as the "Arkansas Development Finance Authority".

Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.
Ark. Code Ann. § 15-32-410 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-410
Fees
Status: in_force

County timber inspectors shall be entitled to receive the following fees for services: (1) (A) (i) Five cents (5¢) per thousand feet (1000') for scaling or measuring and making out survey bills for all logs they are called upon to scale or measure; (ii) Twelve cents (12¢) per thousand feet (1000') running measure for measuring square timber; and (iii) Ten cents (10¢) per thousand feet (1000') for sawed lumber, including bills. (B) In all such cases, fees shall be paid by the owner of the logs, timber, or lumber scaled or measured; (2) Fifty cents (50¢) for recording each mark; and (3) For recording any mortgage, bill of sale, or other written instrument, the same fees allowed by law to county recorders for recording like instruments. Acts 1883, No. 83, § 18, p. 140; 1901, No. 130, § 12, p. 202; C. & M. Dig., § 7003; Pope's Dig., § 8983; A.S.A. 1947, § 54-311; Acts 1995, No. 1296, § 55.

County timber inspectors shall be entitled to receive the following fees for services:

(1) (A) (i) Five cents (5¢) per thousand feet (1000') for scaling or measuring and making out survey bills for all logs they are called upon to scale or measure; (ii) Twelve cents (12¢) per thousand feet (1000') running measure for measuring square timber; and (iii) Ten cents (10¢) per thousand feet (1000') for sawed lumber, including bills. (B) In all such cases, fees shall be paid by the owner of the logs, timber, or lumber scaled or measured;

(A) (i) Five cents (5¢) per thousand feet (1000') for scaling or measuring and making out survey bills for all logs they are called upon to scale or measure; (ii) Twelve cents (12¢) per thousand feet (1000') running measure for measuring square timber; and (iii) Ten cents (10¢) per thousand feet (1000') for sawed lumber, including bills.

(i) Five cents (5¢) per thousand feet (1000') for scaling or measuring and making out survey bills for all logs they are called upon to scale or measure;

(ii) Twelve cents (12¢) per thousand feet (1000') running measure for measuring square timber; and

(iii) Ten cents (10¢) per thousand feet (1000') for sawed lumber, including bills.

(B) In all such cases, fees shall be paid by the owner of the logs, timber, or lumber scaled or measured;

(2) Fifty cents (50¢) for recording each mark; and

(3) For recording any mortgage, bill of sale, or other written instrument, the same fees allowed by law to county recorders for recording like instruments.

Acts 1883, No. 83, § 18, p. 140; 1901, No. 130, § 12, p. 202; C. & M. Dig., § 7003; Pope's Dig., § 8983; A.S.A. 1947, § 54-311; Acts 1995, No. 1296, § 55.
Ark. Code Ann. § 15-4-3902 — AR Code / Title 15 / Chapter 4 / Subchapter 39 / Section 15-4-3902
Legislative intent
Status: in_force

The General Assembly finds that: (1) The State of Arkansas has a long and distinguished history of hosting military installations vital to the defense of the United States; (2) This state is currently home to the following five (5) military installations: (A) Little Rock Air Force Base in Jacksonville, Arkansas; (B) Pine Bluff Arsenal in Pine Bluff, Arkansas; (C) Robinson Maneuver Training Center in North Little Rock, Arkansas; (D) Ebbing Air National Guard Base in Fort Smith, Arkansas; and (E) Fort Chaffee Joint Maneuver Training Center in Fort Chaffee, Arkansas; (3) Military installations are a major employer and contribute to state and local economic development; (4) The closure or reduction in operation of any military installation would have a detrimental impact on the economy of our state; and (5) State and local support for a military installation is a significant consideration of the United States Government in making decisions to realign or close a military installation. Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.

The General Assembly finds that:

(1) The State of Arkansas has a long and distinguished history of hosting military installations vital to the defense of the United States;

(2) This state is currently home to the following five (5) military installations: (A) Little Rock Air Force Base in Jacksonville, Arkansas; (B) Pine Bluff Arsenal in Pine Bluff, Arkansas; (C) Robinson Maneuver Training Center in North Little Rock, Arkansas; (D) Ebbing Air National Guard Base in Fort Smith, Arkansas; and (E) Fort Chaffee Joint Maneuver Training Center in Fort Chaffee, Arkansas;

(A) Little Rock Air Force Base in Jacksonville, Arkansas;

(B) Pine Bluff Arsenal in Pine Bluff, Arkansas;

(C) Robinson Maneuver Training Center in North Little Rock, Arkansas;

(D) Ebbing Air National Guard Base in Fort Smith, Arkansas; and

(E) Fort Chaffee Joint Maneuver Training Center in Fort Chaffee, Arkansas;

(3) Military installations are a major employer and contribute to state and local economic development;

(4) The closure or reduction in operation of any military installation would have a detrimental impact on the economy of our state; and

(5) State and local support for a military installation is a significant consideration of the United States Government in making decisions to realign or close a military installation.

Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.
Ark. Code Ann. § 15-11-401 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-401
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism or any successor agency designated by law to promote tourist travel and vacation business in Arkansas; (2) "Natural planning regions" means the respective counties composing each of the fourteen (14) natural planning regions as defined by the Arkansas Economic Development Council and which are outlined on the records and maps maintained by the council as natural planning regions of this state existing on August 6, 1969; (3) "Regional tourist promotion agency" means a corporation organized pursuant to the provisions of the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., established for the purposes authorized in this subchapter and which is recognized by the commission or its successor agency as qualifying under the provisions of this subchapter; and (4) "Tourism division" means the Tourism Division of the Department of Parks, Heritage, and Tourism or its successor agency. Amended by Act 2019, No. 910,§ 5637, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5636, eff. 7/1/2019. Acts 1969, No. 310, § 1; A.S.A. 1947, § 9-221; Acts 1995, No. 1296, § 49; 1997, No. 540, § 38.

As used in this subchapter:

(1) "Commission" means the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism or any successor agency designated by law to promote tourist travel and vacation business in Arkansas;

(2) "Natural planning regions" means the respective counties composing each of the fourteen (14) natural planning regions as defined by the Arkansas Economic Development Council and which are outlined on the records and maps maintained by the council as natural planning regions of this state existing on August 6, 1969;

(3) "Regional tourist promotion agency" means a corporation organized pursuant to the provisions of the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., or the Arkansas Nonprofit Corporation Act of 1993, § 4-33-101 et seq., established for the purposes authorized in this subchapter and which is recognized by the commission or its successor agency as qualifying under the provisions of this subchapter; and

(4) "Tourism division" means the Tourism Division of the Department of Parks, Heritage, and Tourism or its successor agency.

Amended by Act 2019, No. 910,§ 5637, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5636, eff. 7/1/2019.

Acts 1969, No. 310, § 1; A.S.A. 1947, § 9-221; Acts 1995, No. 1296, § 49; 1997, No. 540, § 38.
Ark. Code Ann. § 15-22-902 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-902
Purpose
Status: in_force

The State of Arkansas has an abundance of good quality groundwater. In some areas of the state, this groundwater is being mined such that in the future there may not be adequate supplies of good quality groundwater to meet our needs. In order to protect groundwater for the future, it is necessary to reduce groundwater use. It is most desirable that these reductions come from conservation or use of surface water, but in critical groundwater areas it may become necessary to limit groundwater withdrawals through the use of water rights. Should the regulatory provisions be implemented in the future, it is most desirable that day-to-day water management be administered by local districts, and every effort shall be made by the Arkansas Natural Resources Commission to delegate water management powers to qualified local districts. All regulatory powers shall apply only in critical groundwater areas. Programs for water use reporting, education and information, water conservation cost-sharing, and the registration fees shall be administered statewide. Acts 1991, No. 154, § 2; 1991, No. 342, § 2.

The State of Arkansas has an abundance of good quality groundwater. In some areas of the state, this groundwater is being mined such that in the future there may not be adequate supplies of good quality groundwater to meet our needs. In order to protect groundwater for the future, it is necessary to reduce groundwater use. It is most desirable that these reductions come from conservation or use of surface water, but in critical groundwater areas it may become necessary to limit groundwater withdrawals through the use of water rights. Should the regulatory provisions be implemented in the future, it is most desirable that day-to-day water management be administered by local districts, and every effort shall be made by the Arkansas Natural Resources Commission to delegate water management powers to qualified local districts. All regulatory powers shall apply only in critical groundwater areas. Programs for water use reporting, education and information, water conservation cost-sharing, and the registration fees shall be administered statewide.

Acts 1991, No. 154, § 2; 1991, No. 342, § 2.
Ark. Code Ann. § 15-72-801 — AR Code / Title 15 / Chapter 72 / Subchapter 8 / Section 15-72-801
Policy and purpose
Status: in_force

The General Assembly finds and declares that: (1) Adequate supplies of petroleum products are essential to the health, welfare, and safety of the people of the State of Arkansas; (2) Any severe disruption in the supply of petroleum products for use within the state would cause grave hardship and pose a threat to the health and economic well-being of the people of this state; (3) The state set-aside program has benefited all sectors of Arkansas' economy by allocating petroleum products on a short-term basis to those persons experiencing hardship or emergency conditions caused by insufficient supplies of fuel; and (4) It is in the public interest for Arkansas to continue to administer a state set-aside program during those times that federal law does not preempt such a state-authorized program. A set-aside program should be an emergency standby, established as a preparedness measure. It should not operate on a permanent basis or in a period of normal supply. Acts 1983, No. 377, § 1; A.S.A. 1947, § 53-1501.

The General Assembly finds and declares that:

(1) Adequate supplies of petroleum products are essential to the health, welfare, and safety of the people of the State of Arkansas;

(2) Any severe disruption in the supply of petroleum products for use within the state would cause grave hardship and pose a threat to the health and economic well-being of the people of this state;

(3) The state set-aside program has benefited all sectors of Arkansas' economy by allocating petroleum products on a short-term basis to those persons experiencing hardship or emergency conditions caused by insufficient supplies of fuel; and

(4) It is in the public interest for Arkansas to continue to administer a state set-aside program during those times that federal law does not preempt such a state-authorized program. A set-aside program should be an emergency standby, established as a preparedness measure. It should not operate on a permanent basis or in a period of normal supply.

Acts 1983, No. 377, § 1; A.S.A. 1947, § 53-1501.
Ark. Code Ann. § 15-22-612 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-612
Bonds - Execution and delivery
Status: in_force

(a) Each bond shall be signed with the facsimile signatures of the Governor, the Secretary of State, and the Chair of the Arkansas Natural Resources Commission and by the manual signature of the Treasurer of State or by a deputy of the Treasurer of State and shall have affixed or imprinted thereon the Great Seal of the State of Arkansas. (b) Interest coupons attached to the bonds shall be signed with the facsimile signature of the Treasurer of State. (c) Delivery of the bonds and coupons so executed shall be valid, notwithstanding any change in persons holding those offices occurring after the bonds have been executed. Acts 1981, No. 496, § 7; A.S.A. 1947, § 21-2307.

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

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

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

Acts 1981, No. 496, § 7; A.S.A. 1947, § 21-2307.
Ark. Code Ann. § 15-4-3302 — AR Code / Title 15 / Chapter 4 / Subchapter 33 / Section 15-4-3302
Equity investment incentives - Creation - Purpose - Tax credit
Status: in_force

(a) Equity investment incentives in the form of tax credits to persons or companies investing in certain types of eligible businesses are created. (b) The equity investment incentives shall: (1) Encourage capital investment in certain types of businesses including: (A) Early-stage businesses and start-up businesses in this state; (B) Businesses paying wages in excess of prevailing wages in the state or the county where the company is located; and (C) Businesses that are invested in by venture capital funds and regional or community-based alliance funds; and (2) Create new jobs. (c) (1) An equity investment incentive tax credit is created that shall be equal to thirty-three and one-third percent (331/3%) of the approved amount invested by an investor in an eligible business, as identified in § 15-4-3303(a) . (2) The tax credit, if awarded, is available to the investor. Acts 2007, No. 566, § 1.

(a) Equity investment incentives in the form of tax credits to persons or companies investing in certain types of eligible businesses are created.

(b) The equity investment incentives shall: (1) Encourage capital investment in certain types of businesses including: (A) Early-stage businesses and start-up businesses in this state; (B) Businesses paying wages in excess of prevailing wages in the state or the county where the company is located; and (C) Businesses that are invested in by venture capital funds and regional or community-based alliance funds; and (2) Create new jobs.

(1) Encourage capital investment in certain types of businesses including: (A) Early-stage businesses and start-up businesses in this state; (B) Businesses paying wages in excess of prevailing wages in the state or the county where the company is located; and (C) Businesses that are invested in by venture capital funds and regional or community-based alliance funds; and

(A) Early-stage businesses and start-up businesses in this state;

(B) Businesses paying wages in excess of prevailing wages in the state or the county where the company is located; and

(C) Businesses that are invested in by venture capital funds and regional or community-based alliance funds; and

(2) Create new jobs.

(c) (1) An equity investment incentive tax credit is created that shall be equal to thirty-three and one-third percent (331/3%) of the approved amount invested by an investor in an eligible business, as identified in § 15-4-3303(a) . (2) The tax credit, if awarded, is available to the investor.

(1) An equity investment incentive tax credit is created that shall be equal to thirty-three and one-third percent (331/3%) of the approved amount invested by an investor in an eligible business, as identified in § 15-4-3303(a) .

(2) The tax credit, if awarded, is available to the investor.

Acts 2007, No. 566, § 1.
Ark. Code Ann. § 15-72-1110 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1110
Expiration of oil and gas lien - Enforcement - Joinder and consolidation - Costs - Personal actions - Other rights and remedies
Status: in_force

(a) (1) An oil and gas lien shall expire, as to an interest owner, five (5) years after the last day of the month following the date that proceeds from the sale of oil or gas subject to the oil and gas lien are required by law or contract to be paid to the interest owner, but only as to the oil or gas sold during that month, unless an action to enforce the oil and gas lien is commenced in a court of competent jurisdiction. (2) In addition to a court of competent jurisdiction, an action to enforce the oil and gas lien may be commenced in the circuit court of the county in which the oil and gas well where the oil or gas is produced is located or in the circuit court of the county in which the unpaid-for oil or gas or the proceeds may be found. (3) Notwithstanding subdivision (a)(1) of this section, the commencement of a proceeding by or against a person claiming an interest in property subject to the oil and gas lien shall toll the period of five (5) years in which to commence an action to enforce the oil and gas lien if the proceeding is seeking: (A) To adjudicate a person as bankrupt or insolvent; (B) Liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under a law relating to bankruptcy, insolvency, reorganization, or relief of debtors; or (C) Entry of an order for relief or the appointment of a receiver, trustee, or similar official for the person or for a substantial part of the person's property. (4) An action under subdivision (a)(3) of this section shall toll the period of five (5) years in which to commence an action to enforce the oil and gas lien for an additional period of ninety (90) days from the earlier of: (A) The final conclusion or dismissal of the proceedings; or (B) The date final relief is obtained from the applicable court authorizing the commencement of the action. (b) Proceedings to enforce an oil and gas lien involving more than one (1) oil and gas well in one (1) county can be joined by an interest owner in the same action. (c) (1) Any number of persons claiming oil and gas liens with respect to the oil or gas from the same oil and gas well or wells may join in the same action. (2) When separate actions are commenced, the circuit court may consolidate them. (d) The circuit court shall allow as part of the costs of the action all costs of collection, including without limitation reasonable attorney's fees for the prevailing party in the trial and appellate courts. (e) This subchapter does not impair or affect the right of an interest owner to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise other rights and remedies available at law or in equity. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) (1) An oil and gas lien shall expire, as to an interest owner, five (5) years after the last day of the month following the date that proceeds from the sale of oil or gas subject to the oil and gas lien are required by law or contract to be paid to the interest owner, but only as to the oil or gas sold during that month, unless an action to enforce the oil and gas lien is commenced in a court of competent jurisdiction. (2) In addition to a court of competent jurisdiction, an action to enforce the oil and gas lien may be commenced in the circuit court of the county in which the oil and gas well where the oil or gas is produced is located or in the circuit court of the county in which the unpaid-for oil or gas or the proceeds may be found. (3) Notwithstanding subdivision (a)(1) of this section, the commencement of a proceeding by or against a person claiming an interest in property subject to the oil and gas lien shall toll the period of five (5) years in which to commence an action to enforce the oil and gas lien if the proceeding is seeking: (A) To adjudicate a person as bankrupt or insolvent; (B) Liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under a law relating to bankruptcy, insolvency, reorganization, or relief of debtors; or (C) Entry of an order for relief or the appointment of a receiver, trustee, or similar official for the person or for a substantial part of the person's property. (4) An action under subdivision (a)(3) of this section shall toll the period of five (5) years in which to commence an action to enforce the oil and gas lien for an additional period of ninety (90) days from the earlier of: (A) The final conclusion or dismissal of the proceedings; or (B) The date final relief is obtained from the applicable court authorizing the commencement of the action.

(1) An oil and gas lien shall expire, as to an interest owner, five (5) years after the last day of the month following the date that proceeds from the sale of oil or gas subject to the oil and gas lien are required by law or contract to be paid to the interest owner, but only as to the oil or gas sold during that month, unless an action to enforce the oil and gas lien is commenced in a court of competent jurisdiction.

(2) In addition to a court of competent jurisdiction, an action to enforce the oil and gas lien may be commenced in the circuit court of the county in which the oil and gas well where the oil or gas is produced is located or in the circuit court of the county in which the unpaid-for oil or gas or the proceeds may be found.

(3) Notwithstanding subdivision (a)(1) of this section, the commencement of a proceeding by or against a person claiming an interest in property subject to the oil and gas lien shall toll the period of five (5) years in which to commence an action to enforce the oil and gas lien if the proceeding is seeking: (A) To adjudicate a person as bankrupt or insolvent; (B) Liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under a law relating to bankruptcy, insolvency, reorganization, or relief of debtors; or (C) Entry of an order for relief or the appointment of a receiver, trustee, or similar official for the person or for a substantial part of the person's property.

(A) To adjudicate a person as bankrupt or insolvent;

(B) Liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of the person or the person's debts under a law relating to bankruptcy, insolvency, reorganization, or relief of debtors; or

(C) Entry of an order for relief or the appointment of a receiver, trustee, or similar official for the person or for a substantial part of the person's property.

(4) An action under subdivision (a)(3) of this section shall toll the period of five (5) years in which to commence an action to enforce the oil and gas lien for an additional period of ninety (90) days from the earlier of: (A) The final conclusion or dismissal of the proceedings; or (B) The date final relief is obtained from the applicable court authorizing the commencement of the action.

(A) The final conclusion or dismissal of the proceedings; or

(B) The date final relief is obtained from the applicable court authorizing the commencement of the action.

(b) Proceedings to enforce an oil and gas lien involving more than one (1) oil and gas well in one (1) county can be joined by an interest owner in the same action.

(c) (1) Any number of persons claiming oil and gas liens with respect to the oil or gas from the same oil and gas well or wells may join in the same action. (2) When separate actions are commenced, the circuit court may consolidate them.

(1) Any number of persons claiming oil and gas liens with respect to the oil or gas from the same oil and gas well or wells may join in the same action.

(2) When separate actions are commenced, the circuit court may consolidate them.

(d) The circuit court shall allow as part of the costs of the action all costs of collection, including without limitation reasonable attorney's fees for the prevailing party in the trial and appellate courts.

(e) This subchapter does not impair or affect the right of an interest owner to maintain a personal action to recover the debt against a person liable for payment of the sales price or to exercise other rights and remedies available at law or in equity.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-73-406 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-406
Lease by receiver prior to sale and partition
Status: in_force

(a) If, at any time, after the filing of the petition and before a sale of the property, it should be made to appear to the circuit court that the interests of the various owners could be more fully protected and the value of the various interests of the parties increased by the execution of an oil and gas lease providing for the prospecting and drilling for oil and gas upon the property involved in the suit, or upon property near thereto, the court may appoint a receiver who shall be authorized to enter into negotiations for the leasing of the property for the drilling and operating for oil and gas, and if the receiver finds that the property can be leased upon the terms as, in his or her opinion, are beneficial to the various owners, he or she shall file a petition with the court setting out the results of his or her investigation and shall pray for authority to execute the lease. (b) If the lease shall provide for the payment of royalty of not less than one-eighth (1/8) of the production and shall otherwise appear to the court to be to the best interest of all the parties to the suit, the court shall order and direct the receiver to execute the lease upon terms the court deems just and proper, and the person taking the lease shall be vested with the leasehold rights therein conveyed as fully and with like effect as if the lease had been executed by all of the owners of the oil and gas rights, and their spouses. (c) Leases executed by the receiver under the authority of the court, as provided in this section, shall not terminate with the termination of the suit for partition nor with the sale and confirmation of the oil and gas rights, but the leases shall continue in full force and effect according to their own terms and conditions as fully and with like effect as if they had been executed by the various owners and their spouses, and any person thereafter purchasing the oil and gas rights, or any interest therein, either from the owners or from the commissioner of the court selling the rights under the decree of sale and partition, shall take the rights subject to the oil and gas lease so executed by the receiver. Acts 1935, No. 15, § 6; Pope's Dig., § 10554; Acts 1981, No. 714, § 8; A.S.A. 1947, § 53-406.

(a) If, at any time, after the filing of the petition and before a sale of the property, it should be made to appear to the circuit court that the interests of the various owners could be more fully protected and the value of the various interests of the parties increased by the execution of an oil and gas lease providing for the prospecting and drilling for oil and gas upon the property involved in the suit, or upon property near thereto, the court may appoint a receiver who shall be authorized to enter into negotiations for the leasing of the property for the drilling and operating for oil and gas, and if the receiver finds that the property can be leased upon the terms as, in his or her opinion, are beneficial to the various owners, he or she shall file a petition with the court setting out the results of his or her investigation and shall pray for authority to execute the lease.

(b) If the lease shall provide for the payment of royalty of not less than one-eighth (1/8) of the production and shall otherwise appear to the court to be to the best interest of all the parties to the suit, the court shall order and direct the receiver to execute the lease upon terms the court deems just and proper, and the person taking the lease shall be vested with the leasehold rights therein conveyed as fully and with like effect as if the lease had been executed by all of the owners of the oil and gas rights, and their spouses.

(c) Leases executed by the receiver under the authority of the court, as provided in this section, shall not terminate with the termination of the suit for partition nor with the sale and confirmation of the oil and gas rights, but the leases shall continue in full force and effect according to their own terms and conditions as fully and with like effect as if they had been executed by the various owners and their spouses, and any person thereafter purchasing the oil and gas rights, or any interest therein, either from the owners or from the commissioner of the court selling the rights under the decree of sale and partition, shall take the rights subject to the oil and gas lease so executed by the receiver.

Acts 1935, No. 15, § 6; Pope's Dig., § 10554; Acts 1981, No. 714, § 8; A.S.A. 1947, § 53-406.
Ark. Code Ann. § 15-44-111 — AR Code / Title 15 / Chapter 44 / Section 15-44-111
Limits on public water withdrawal
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation to: (1) Withdraw, in any manner, any water from any public body of water in this state without first securely screening the intake pipes used in such withdrawal against the entry of any fish; (2) Lower the natural stage of any body of water to a point whereby the existence of fish in it is endangered. (b) Persons violating any provision of this section shall be guilty of a misdemeanor and on conviction fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). Acts 1927, No. 151, § 13; Pope's Dig., § 5948; A.S.A. 1947, § 47-515.

(a) It shall be unlawful for any person, firm, or corporation to: (1) Withdraw, in any manner, any water from any public body of water in this state without first securely screening the intake pipes used in such withdrawal against the entry of any fish; (2) Lower the natural stage of any body of water to a point whereby the existence of fish in it is endangered.

(1) Withdraw, in any manner, any water from any public body of water in this state without first securely screening the intake pipes used in such withdrawal against the entry of any fish;

(2) Lower the natural stage of any body of water to a point whereby the existence of fish in it is endangered.

(b) Persons violating any provision of this section shall be guilty of a misdemeanor and on conviction fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

Acts 1927, No. 151, § 13; Pope's Dig., § 5948; A.S.A. 1947, § 47-515.
Ark. Code Ann. § 15-22-620 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-620
Deposit of proceeds of sale of bonds
Status: in_force

The proceeds of the sale of bonds issued under this subchapter shall be deposited by the Arkansas Natural Resources Commission: (1) Into all or any one (1) or more of the funds established pursuant to § 15-22-614 , as set forth in the resolution or trust indenture authorizing or securing such bonds; and (2) (A) Into the Water Resources Development Construction Fund, to be applied pursuant to appropriation by the General Assembly to the development of a project or projects developed under this subchapter. (B) The Treasurer of State is authorized to establish various accounts within the Water Resources Development Construction Fund to correspond to and reflect the series of bonds to which attributable. Acts 1981, No. 496, § 18; A.S.A. 1947, § 21-2318.

The proceeds of the sale of bonds issued under this subchapter shall be deposited by the Arkansas Natural Resources Commission:

(1) Into all or any one (1) or more of the funds established pursuant to § 15-22-614 , as set forth in the resolution or trust indenture authorizing or securing such bonds; and

(2) (A) Into the Water Resources Development Construction Fund, to be applied pursuant to appropriation by the General Assembly to the development of a project or projects developed under this subchapter. (B) The Treasurer of State is authorized to establish various accounts within the Water Resources Development Construction Fund to correspond to and reflect the series of bonds to which attributable.

(A) Into the Water Resources Development Construction Fund, to be applied pursuant to appropriation by the General Assembly to the development of a project or projects developed under this subchapter.

(B) The Treasurer of State is authorized to establish various accounts within the Water Resources Development Construction Fund to correspond to and reflect the series of bonds to which attributable.

Acts 1981, No. 496, § 18; A.S.A. 1947, § 21-2318.
Ark. Code Ann. § 15-57-319 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-319
Land Reclamation Fund - Permit fee
Status: in_force

(a) A Land Reclamation Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. The Land Reclamation Fund shall consist of civil penalty and bond forfeiture amounts, gifts, grants, donations, and other funds as may be made available by the General Assembly, including all interest earned upon moneys deposited into the Land Reclamation Fund. The Division of Environmental Quality shall use the funds to accomplish reclamation of affected lands. (b) All fees and any moneys collected as reimbursement for expenses, costs, and damages to the state under the provisions of this subchapter shall be deposited into the general revenue fund of the division and shall be used to defray the administrative and enforcement costs of this subchapter. (c) The Arkansas Pollution Control and Ecology Commission may by rule prescribe an annual permit fee on affected lands. Amended by Act 2019, No. 315,§ 1167, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3110, eff. 7/1/2019. Acts 1991, No. 827, § 17.

(a) A Land Reclamation Fund is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. The Land Reclamation Fund shall consist of civil penalty and bond forfeiture amounts, gifts, grants, donations, and other funds as may be made available by the General Assembly, including all interest earned upon moneys deposited into the Land Reclamation Fund. The Division of Environmental Quality shall use the funds to accomplish reclamation of affected lands.

(b) All fees and any moneys collected as reimbursement for expenses, costs, and damages to the state under the provisions of this subchapter shall be deposited into the general revenue fund of the division and shall be used to defray the administrative and enforcement costs of this subchapter.

(c) The Arkansas Pollution Control and Ecology Commission may by rule prescribe an annual permit fee on affected lands.

Amended by Act 2019, No. 315,§ 1167, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3110, eff. 7/1/2019.

Acts 1991, No. 827, § 17.
Ark. Code Ann. § 15-22-1213 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1213
Annual financial audit and report
Status: in_force

(a) Each Sparta Aquifer critical groundwater county conservation board shall procure an annual financial audit to be conducted following each Sparta Aquifer critical groundwater county conservation board's fiscal year end. (b) Each Sparta Aquifer critical groundwater county conservation board shall choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Government Auditing Standards issued by the Comptroller General of the United States. (c) (1) Each audit report and accompanying comments and recommendations shall be reviewed by the Sparta Aquifer critical groundwater county conservation board and copies of each audit report shall be filed with the Arkansas Natural Resources Commission and Arkansas Legislative Audit. (2) In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the Sparta Aquifer critical groundwater county conservation board, and one (1) copy shall be filed with the clerk of the circuit court where the petition was filed to create the Sparta Aquifer critical groundwater county conservation board. Acts 1999, No. 1050, § 13.

(a) Each Sparta Aquifer critical groundwater county conservation board shall procure an annual financial audit to be conducted following each Sparta Aquifer critical groundwater county conservation board's fiscal year end.

(b) Each Sparta Aquifer critical groundwater county conservation board shall choose and employ accountants licensed and in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Government Auditing Standards issued by the Comptroller General of the United States.

(c) (1) Each audit report and accompanying comments and recommendations shall be reviewed by the Sparta Aquifer critical groundwater county conservation board and copies of each audit report shall be filed with the Arkansas Natural Resources Commission and Arkansas Legislative Audit. (2) In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the Sparta Aquifer critical groundwater county conservation board, and one (1) copy shall be filed with the clerk of the circuit court where the petition was filed to create the Sparta Aquifer critical groundwater county conservation board.

(1) Each audit report and accompanying comments and recommendations shall be reviewed by the Sparta Aquifer critical groundwater county conservation board and copies of each audit report shall be filed with the Arkansas Natural Resources Commission and Arkansas Legislative Audit.

(2) In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the Sparta Aquifer critical groundwater county conservation board, and one (1) copy shall be filed with the clerk of the circuit court where the petition was filed to create the Sparta Aquifer critical groundwater county conservation board.

Acts 1999, No. 1050, § 13.
Ark. Code Ann. § 15-60-102 — AR Code / Title 15 / Chapter 60 / Section 15-60-102
Penalty
Status: in_force

Any violation of this chapter, or any part thereof, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, or by both fine and imprisonment. Acts 1943, No. 86, § 14; A.S.A. 1947, § 52-814.

Any violation of this chapter, or any part thereof, is a misdemeanor punishable by a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not less than thirty (30) days nor more than six (6) months, or by both fine and imprisonment.

Acts 1943, No. 86, § 14; A.S.A. 1947, § 52-814.
Ark. Code Ann. § 15-4-918 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-918
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 14; A.S.A. 1947, § 67-1614.

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

Acts 1957, No. 567, § 14; A.S.A. 1947, § 67-1614.
Ark. Code Ann. § 15-23-302 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-302
Intent
Status: in_force

(a) It is declared that certain rivers in the State of Arkansas possess outstanding natural, scenic, educational, geological, recreational, historical, fish and wildlife, scientific, and cultural values of great present and future benefit to the people. (b) Those rivers that are identified as possessing these values shall be considered for inclusion into the Arkansas Natural and Scenic Rivers System. (c) In all planning for the rivers' use and development, full consideration and evaluation shall be given to the rivers as a natural resource so that they shall be used and preserved for the welfare of all people. (d) It is declared as the policy of the State of Arkansas that a balance be established between the alterations by man and the protection of natural beauty along certain rivers of this state. Acts 1979, No. 257, § 2; A.S.A. 1947, § 9-1202.

(a) It is declared that certain rivers in the State of Arkansas possess outstanding natural, scenic, educational, geological, recreational, historical, fish and wildlife, scientific, and cultural values of great present and future benefit to the people.

(b) Those rivers that are identified as possessing these values shall be considered for inclusion into the Arkansas Natural and Scenic Rivers System.

(c) In all planning for the rivers' use and development, full consideration and evaluation shall be given to the rivers as a natural resource so that they shall be used and preserved for the welfare of all people.

(d) It is declared as the policy of the State of Arkansas that a balance be established between the alterations by man and the protection of natural beauty along certain rivers of this state.

Acts 1979, No. 257, § 2; A.S.A. 1947, § 9-1202.
Ark. Code Ann. § 15-3-120 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-120
[Repealed]
Status: repealed

Repealed by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 12; 1985, No. 409, § 10; A.S.A. 1947, § 6-1612.

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

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

Acts 1983, No. 859, § 12; 1985, No. 409, § 10; A.S.A. 1947, § 6-1612.
Ark. Code Ann. § 15-20-303 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-303
System of natural areas - Establishment
Status: in_force

(a) A state system of natural areas, hereinafter called the "system", is established. (b) The system shall consist of lands, waters, and interests therein acquired and administered as provided in this subchapter. Acts 1973, No. 112, § 3; A.S.A. 1947, § 9-1403.

(a) A state system of natural areas, hereinafter called the "system", is established.

(b) The system shall consist of lands, waters, and interests therein acquired and administered as provided in this subchapter.

Acts 1973, No. 112, § 3; A.S.A. 1947, § 9-1403.
Ark. Code Ann. § 15-20-1004 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1004
Nutrient planner program
Status: in_force

(a) The Arkansas Natural Resources Commission shall develop and implement a nutrient management education, training, and certification program to certify the minimal competence and knowledge of a person preparing a nutrient management plan. (b) (1) The planner certification program is voluntary for planners who develop nutrient management plans outside nutrient surplus areas. (2) The commission may not require a nutrient planner to become certified unless the planner intends to develop nutrient management plans for areas within nutrient surplus areas or the nutrient management plans or the components of the nutrient management plans are to be paid, in whole or part, by federal or state funds. (c) The commission shall promulgate rules that: (1) Specify qualifications and standards for a person to be deemed competent in nutrient management plan preparation and provide for the issuance of documentation of certification to the person; (2) Specify the conditions under which a certification issued may be suspended or revoked; (3) Establish fees to be paid by a person enrolling in the training and certification programs; (4) Provide for the performance of other duties and the exercise of other powers by the Department of Agriculture as may be necessary to provide for the training and certification of a person preparing nutrient management plans; and (5) Give due consideration to relevant existing agricultural or other certification programs. Amended by Act 2019, No. 315,§ 1118, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 66, eff. 7/1/2019. Acts 2003, No. 1059, § 1.

(a) The Arkansas Natural Resources Commission shall develop and implement a nutrient management education, training, and certification program to certify the minimal competence and knowledge of a person preparing a nutrient management plan.

(b) (1) The planner certification program is voluntary for planners who develop nutrient management plans outside nutrient surplus areas. (2) The commission may not require a nutrient planner to become certified unless the planner intends to develop nutrient management plans for areas within nutrient surplus areas or the nutrient management plans or the components of the nutrient management plans are to be paid, in whole or part, by federal or state funds.

(1) The planner certification program is voluntary for planners who develop nutrient management plans outside nutrient surplus areas.

(2) The commission may not require a nutrient planner to become certified unless the planner intends to develop nutrient management plans for areas within nutrient surplus areas or the nutrient management plans or the components of the nutrient management plans are to be paid, in whole or part, by federal or state funds.

(c) The commission shall promulgate rules that: (1) Specify qualifications and standards for a person to be deemed competent in nutrient management plan preparation and provide for the issuance of documentation of certification to the person; (2) Specify the conditions under which a certification issued may be suspended or revoked; (3) Establish fees to be paid by a person enrolling in the training and certification programs; (4) Provide for the performance of other duties and the exercise of other powers by the Department of Agriculture as may be necessary to provide for the training and certification of a person preparing nutrient management plans; and (5) Give due consideration to relevant existing agricultural or other certification programs.

(1) Specify qualifications and standards for a person to be deemed competent in nutrient management plan preparation and provide for the issuance of documentation of certification to the person;

(2) Specify the conditions under which a certification issued may be suspended or revoked;

(3) Establish fees to be paid by a person enrolling in the training and certification programs;

(4) Provide for the performance of other duties and the exercise of other powers by the Department of Agriculture as may be necessary to provide for the training and certification of a person preparing nutrient management plans; and

(5) Give due consideration to relevant existing agricultural or other certification programs.

Amended by Act 2019, No. 315,§ 1118, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 66, eff. 7/1/2019.

Acts 2003, No. 1059, § 1.
Ark. Code Ann. § 15-41-301 — AR Code / Title 15 / Chapter 41 / Subchapter 3 / Section 15-41-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Hunting Heritage Protection Act". Acts 2005, No. 1377, § 1.

This subchapter shall be known and may be cited as the "Arkansas Hunting Heritage Protection Act".

Acts 2005, No. 1377, § 1.
Ark. Code Ann. § 15-20-604 — AR Code / Title 15 / Chapter 20 / Subchapter 6 / Section 15-20-604
Pollution - Penalties
Status: in_force

(a) It shall be unlawful for any person to knowingly store, dump, litter, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans in any cave or sinkhole. (b) It shall be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any organism naturally occurring in the cave. (c) This section shall not prohibit the operation within a cave of any source of flame capable of being carried in the hand or attached to a person, provided that the heat and exhaust of such a device is not directed onto any cave life or used as prohibited in § 15-20-603(a) . (d) This section shall not be interpreted to prohibit or regulate any agricultural or silvacultural practice whatever nor to prohibit or regulate the charging of a fee for admission to a cave. (e) Any person who violates the provisions of this section shall be guilty of a Class A misdemeanor. Acts 1989, No. 523, § 4.

(a) It shall be unlawful for any person to knowingly store, dump, litter, dispose of, or otherwise place any refuse, garbage, dead animals, sewage, or toxic substances harmful to cave life or humans in any cave or sinkhole.

(b) It shall be unlawful to burn within a cave or sinkhole any material which produces any smoke or gas which is harmful to any organism naturally occurring in the cave.

(c) This section shall not prohibit the operation within a cave of any source of flame capable of being carried in the hand or attached to a person, provided that the heat and exhaust of such a device is not directed onto any cave life or used as prohibited in § 15-20-603(a) .

(d) This section shall not be interpreted to prohibit or regulate any agricultural or silvacultural practice whatever nor to prohibit or regulate the charging of a fee for admission to a cave.

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

Acts 1989, No. 523, § 4.
Ark. Code Ann. § 15-20-905 — AR Code / Title 15 / Chapter 20 / Subchapter 9 / Section 15-20-905
Enforcement
Status: in_force

(a) (1) The Department of Agriculture may enter on private property to determine compliance with this subchapter. (2) (A) Entry shall not occur without prior notification of the owner, operator, or agent in charge of the property. (B) Notice shall be given to the owner, operator, or agent in charge of the property at least seventy-two (72) hours before entry. (3) Documentation of biosecurity measures taken and biosecurity certification received by an employee of the department, including a biosecurity log book, shall be available to the owner upon request. (4) Upon notice of disease outbreak by the department, inspection under this subchapter shall be automatically suspended until notification by the department that it is safe to resume inspections. (b) (1) The department may impose administrative penalties not to exceed five hundred dollars ($500) per violation against the owner of a poultry feeding operation that fails to comply with the requirements of this subchapter. (2) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) If the person against whom an administrative penalty has been imposed by the department under this section fails to pay the penalty to the department, the department may file an action to collect the administrative penalty in the circuit court of the county in which the poultry feeding operation is located. Amended by Act 2023, No. 600,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 64, eff. 7/1/2019. Acts 2003, No. 1060, § 1; 2005, No. 1871, § 1.

(a) (1) The Department of Agriculture may enter on private property to determine compliance with this subchapter. (2) (A) Entry shall not occur without prior notification of the owner, operator, or agent in charge of the property. (B) Notice shall be given to the owner, operator, or agent in charge of the property at least seventy-two (72) hours before entry. (3) Documentation of biosecurity measures taken and biosecurity certification received by an employee of the department, including a biosecurity log book, shall be available to the owner upon request. (4) Upon notice of disease outbreak by the department, inspection under this subchapter shall be automatically suspended until notification by the department that it is safe to resume inspections.

(1) The Department of Agriculture may enter on private property to determine compliance with this subchapter.

(2) (A) Entry shall not occur without prior notification of the owner, operator, or agent in charge of the property. (B) Notice shall be given to the owner, operator, or agent in charge of the property at least seventy-two (72) hours before entry.

(A) Entry shall not occur without prior notification of the owner, operator, or agent in charge of the property.

(B) Notice shall be given to the owner, operator, or agent in charge of the property at least seventy-two (72) hours before entry.

(3) Documentation of biosecurity measures taken and biosecurity certification received by an employee of the department, including a biosecurity log book, shall be available to the owner upon request.

(4) Upon notice of disease outbreak by the department, inspection under this subchapter shall be automatically suspended until notification by the department that it is safe to resume inspections.

(b) (1) The department may impose administrative penalties not to exceed five hundred dollars ($500) per violation against the owner of a poultry feeding operation that fails to comply with the requirements of this subchapter. (2) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) If the person against whom an administrative penalty has been imposed by the department under this section fails to pay the penalty to the department, the department may file an action to collect the administrative penalty in the circuit court of the county in which the poultry feeding operation is located.

(1) The department may impose administrative penalties not to exceed five hundred dollars ($500) per violation against the owner of a poultry feeding operation that fails to comply with the requirements of this subchapter.

(2) The imposition of administrative penalties shall be conducted under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) If the person against whom an administrative penalty has been imposed by the department under this section fails to pay the penalty to the department, the department may file an action to collect the administrative penalty in the circuit court of the county in which the poultry feeding operation is located.

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

Amended by Act 2019, No. 910,§ 64, eff. 7/1/2019.

Acts 2003, No. 1060, § 1; 2005, No. 1871, § 1.
Ark. Code Ann. § 15-72-701 — AR Code / Title 15 / Chapter 72 / Subchapter 7 / Section 15-72-701
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commercial oil pool" means a pool which appears to contain sufficient quantities of recoverable oil, in the opinion of the commission, to justify the economical development thereof. (2) "Commission" means the Oil and Gas Commission; (3) "Conservation Act" means §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 ; and (4) "Field" means the general area which is underlaid or appears to be underlaid by at least one (1) pool. "Field" includes the underground reservoir or reservoirs containing crude petroleum oil, natural gas, or both. The words "field" and "pool" mean the same thing when only one (1) underground reservoir is involved. However, "field", unlike "pool", may relate to two (2) or more pools; (5) "Oil" means crude petroleum oil, and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir; (6) "Owner" means the person who has the right to drill and produce oil and to appropriate the production either for himself or herself or for himself or herself and another or others; (7) "Participating area" means the land surface area within a radius of two (2) miles from the discovery well; (8) "Person" means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or the heirs, successors, or assigns of any of the foregoing; (9) "Pool" means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas, or both. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term "pool" as used herein; Acts 1957, No. 258, § 2; A.S.A. 1947, § 53-131.

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

(1) "Commercial oil pool" means a pool which appears to contain sufficient quantities of recoverable oil, in the opinion of the commission, to justify the economical development thereof.

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

(3) "Conservation Act" means §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 ; and

(4) "Field" means the general area which is underlaid or appears to be underlaid by at least one (1) pool. "Field" includes the underground reservoir or reservoirs containing crude petroleum oil, natural gas, or both. The words "field" and "pool" mean the same thing when only one (1) underground reservoir is involved. However, "field", unlike "pool", may relate to two (2) or more pools;

(5) "Oil" means crude petroleum oil, and other hydrocarbons, regardless of gravity, which are produced at the well in liquid form by ordinary production methods and which are not the result of condensation of gas after it leaves the reservoir;

(6) "Owner" means the person who has the right to drill and produce oil and to appropriate the production either for himself or herself or for himself or herself and another or others;

(7) "Participating area" means the land surface area within a radius of two (2) miles from the discovery well;

(8) "Person" means any natural person, corporation, association, partnership, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or the heirs, successors, or assigns of any of the foregoing;

(9) "Pool" means an underground reservoir containing a common accumulation of crude petroleum oil or natural gas, or both. Each zone of a general structure which is completely separated from any other zone in the structure is covered by the term "pool" as used herein;

Acts 1957, No. 258, § 2; A.S.A. 1947, § 53-131.
Ark. Code Ann. § 15-41-119 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-119
Representative authority for governmental cooperation for wildlife purposes
Status: in_force

(a) The Arkansas State Game and Fish Commission may represent the state in matters pertaining to cooperation with other states and the United States Government for wildlife conservation, management, and regulation purposes and may enter into compacts, including without limitation the Interstate Wildlife Violator Compact, with other states to provide for reciprocal enforcement of hunting, fishing, trapping, and other wildlife laws of member states. (b) (1) The Director of the Arkansas State Game and Fish Commission shall file an annual report with the Legislative Council itemizing and summarizing all compacts entered into under this section. (2) The annual report shall list with respect to each compact: (A) A brief statement of the purposes of the compact; (B) The amount of funds to be expended under the compact; and (C) Any additional information that enables the members of the Legislative Council to determine the nature and purposes of the compact. Added by Act 2013, No. 1349,§ 1, eff. 8/16/2013.

(a) The Arkansas State Game and Fish Commission may represent the state in matters pertaining to cooperation with other states and the United States Government for wildlife conservation, management, and regulation purposes and may enter into compacts, including without limitation the Interstate Wildlife Violator Compact, with other states to provide for reciprocal enforcement of hunting, fishing, trapping, and other wildlife laws of member states.

(b) (1) The Director of the Arkansas State Game and Fish Commission shall file an annual report with the Legislative Council itemizing and summarizing all compacts entered into under this section. (2) The annual report shall list with respect to each compact: (A) A brief statement of the purposes of the compact; (B) The amount of funds to be expended under the compact; and (C) Any additional information that enables the members of the Legislative Council to determine the nature and purposes of the compact.

(1) The Director of the Arkansas State Game and Fish Commission shall file an annual report with the Legislative Council itemizing and summarizing all compacts entered into under this section.

(2) The annual report shall list with respect to each compact: (A) A brief statement of the purposes of the compact; (B) The amount of funds to be expended under the compact; and (C) Any additional information that enables the members of the Legislative Council to determine the nature and purposes of the compact.

(A) A brief statement of the purposes of the compact;

(B) The amount of funds to be expended under the compact; and

(C) Any additional information that enables the members of the Legislative Council to determine the nature and purposes of the compact.

Added by Act 2013, No. 1349,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-58-307 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-307
Civil penalties generally
Status: in_force

(a) Any person who violates any permit condition or who violates any other provision of this chapter or the rules issued pursuant to this chapter may in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission be assessed a civil penalty by the commission, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. The penalty shall not exceed five thousand dollars ($5,000) for each violation and shall be based on a schedule which the commission shall issue by rule. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments. (b) In determining the amount of any penalty to be assessed, consideration shall be given: (1) To the person's history of previous violations at the particular surface coal mining operation; (2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; (3) To whether the person was negligent; and (4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation. (c) Any operator who fails to complete the corrective measures designated in a notice of violation or a cessation order within the period designated for correction, which period shall not end until the entry of a final order by the commission if administrative review proceedings are initiated, and the presiding officer orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of a final order of the circuit court, in the case of any judicial review proceedings wherein the court orders suspension of the abatement requirements of the citation, shall, in accordance with rules issued by the commission, be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which such failure continues. (d) No civil penalties may be assessed until the person charged with the violation has been given the opportunity for a public hearing pursuant to §§ 15-58-209 - 15-58-211 . All civil penalties shall be deposited into the Surface Coal Mining Operation Fund established in § 15-58-508 and shall be used only for the purposes designated for surface coal mining operation funds in §§ 15-58-502 - 15-58-508 . Amended by Act 2019, No. 315,§ 1200, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1199, eff. 7/24/2019. Acts 1979, No. 134, § 18; 1979, No. 647, § 4; A.S.A. 1947, § 52-952.

(a) Any person who violates any permit condition or who violates any other provision of this chapter or the rules issued pursuant to this chapter may in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission be assessed a civil penalty by the commission, except that if such violation leads to the issuance of a cessation order, the civil penalty shall be assessed. The penalty shall not exceed five thousand dollars ($5,000) for each violation and shall be based on a schedule which the commission shall issue by rule. Each day of continuing violation may be deemed a separate violation for purposes of penalty assessments.

(b) In determining the amount of any penalty to be assessed, consideration shall be given: (1) To the person's history of previous violations at the particular surface coal mining operation; (2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; (3) To whether the person was negligent; and (4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.

(1) To the person's history of previous violations at the particular surface coal mining operation;

(2) To the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public;

(3) To whether the person was negligent; and

(4) To the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of the violation.

(c) Any operator who fails to complete the corrective measures designated in a notice of violation or a cessation order within the period designated for correction, which period shall not end until the entry of a final order by the commission if administrative review proceedings are initiated, and the presiding officer orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements, or until the entry of a final order of the circuit court, in the case of any judicial review proceedings wherein the court orders suspension of the abatement requirements of the citation, shall, in accordance with rules issued by the commission, be assessed a civil penalty of not less than seven hundred fifty dollars ($750) for each day during which such failure continues.

(d) No civil penalties may be assessed until the person charged with the violation has been given the opportunity for a public hearing pursuant to §§ 15-58-209 - 15-58-211 . All civil penalties shall be deposited into the Surface Coal Mining Operation Fund established in § 15-58-508 and shall be used only for the purposes designated for surface coal mining operation funds in §§ 15-58-502 - 15-58-508 .

Amended by Act 2019, No. 315,§ 1200, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1199, eff. 7/24/2019.

Acts 1979, No. 134, § 18; 1979, No. 647, § 4; A.S.A. 1947, § 52-952.
Ark. Code Ann. § 15-22-1218 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1218
Rules and regulations
Status: in_force

The Arkansas Natural Resources Commission and each Sparta Aquifer critical groundwater county conservation board are authorized to issue rules and regulations and to conduct investigations for the purpose of implementing and carrying out the terms of this subchapter. Acts 1999, No. 1050, § 19.

The Arkansas Natural Resources Commission and each Sparta Aquifer critical groundwater county conservation board are authorized to issue rules and regulations and to conduct investigations for the purpose of implementing and carrying out the terms of this subchapter.

Acts 1999, No. 1050, § 19.
Ark. Code Ann. § 15-4-3011 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3011
Sale and price of bonds
Status: in_force

(a) The bonds may be sold in the manner, either at public or private sale, and upon terms as determined by the Arkansas Development Finance Authority to be reasonable and expedient for effectuating the purposes of this subchapter. (b) The bonds may be sold at the price the authority determines acceptable, including sale at a discount. (c) The authority may employ administrative agents, fiscal agents, underwriters, architects, accountants, engineers, and legal counsel and may pay them reasonable compensation from the proceeds of the bonds. (d) The proceeds from the sale of the bonds may be used to pay: (1) The fees of any trustee or paying agent; (2) The costs of publication of notices; (3) The costs of publication of the printing of the bonds; (4) The costs of publication of official statements and other documents relating to the sale of the bonds; (5) The fees of any rating agency; and (6) Other reasonable costs incurred by the authority for issuing and selling the bonds. Acts 2003, No. 1751, § 11.

(a) The bonds may be sold in the manner, either at public or private sale, and upon terms as determined by the Arkansas Development Finance Authority to be reasonable and expedient for effectuating the purposes of this subchapter.

(b) The bonds may be sold at the price the authority determines acceptable, including sale at a discount.

(c) The authority may employ administrative agents, fiscal agents, underwriters, architects, accountants, engineers, and legal counsel and may pay them reasonable compensation from the proceeds of the bonds.

(d) The proceeds from the sale of the bonds may be used to pay: (1) The fees of any trustee or paying agent; (2) The costs of publication of notices; (3) The costs of publication of the printing of the bonds; (4) The costs of publication of official statements and other documents relating to the sale of the bonds; (5) The fees of any rating agency; and (6) Other reasonable costs incurred by the authority for issuing and selling the bonds.

(1) The fees of any trustee or paying agent;

(2) The costs of publication of notices;

(3) The costs of publication of the printing of the bonds;

(4) The costs of publication of official statements and other documents relating to the sale of the bonds;

(5) The fees of any rating agency; and

(6) Other reasonable costs incurred by the authority for issuing and selling the bonds.

Acts 2003, No. 1751, § 11.