Ark. Code Ann. § 15-74-404 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-404
Specifications for fuels and oils
Status: in_force

No article or commodity shall be sold or offered for sale in the State of Arkansas as gasoline, motor vehicle fuel, special motor vehicle fuel, illuminating oils, or heating oils unless it shall conform to specifications as follows: (1) The fuels mentioned above shall be free from water and suspended matter; (2) The corrosion test shall be that method prescribed by current American Society for Testing and Materials method or such other test as may be prescribed by the Arkansas Bureau of Standards; (3) The method of testing distillation and the distillation range used in such testing of the petroleum products mentioned above shall be as prescribed by current American Society for Testing and Materials standards or as prescribed by the bureau; (4) The tests required herein shall be made by the refiners, manufacturers, or blenders of gasoline, motor vehicle fuels, illuminating oils, or heating oils sold or offered for sale in the State of Arkansas; and where shipment is by rail or water transportation, the bill of lading for each shipment shall state that the product meets the American Society for Testing and Materials standards set forth herein. Where shipment is by truck or other vehicle, the invoice for each shipment shall state that the product meets the American Society for Testing and Materials standards set forth herein. The bill of lading must show the destination of the shipment. When any inspector of the bureau is in doubt as to the correctness of the statement attached to the bill of lading or invoice, he or she may procure a sample of the petroleum product in question and send the sample to the bureau; (5) The bureau, upon receipt of the sample, shall further test the sample or cause the sample to be tested and the result of the test shall be final; and (6) Such other specifications shall be met and tests performed as required by the American Society for Testing and Materials or as prescribed by the bureau. Acts 1933, No. 134, § 1; Pope's Dig., § 10448; Acts 1941, No. 380, § 1; 1955, No. 124, § 1; 1977, No. 346, § 1; A.S.A. 1947, § 53-601.

No article or commodity shall be sold or offered for sale in the State of Arkansas as gasoline, motor vehicle fuel, special motor vehicle fuel, illuminating oils, or heating oils unless it shall conform to specifications as follows:

(1) The fuels mentioned above shall be free from water and suspended matter;

(2) The corrosion test shall be that method prescribed by current American Society for Testing and Materials method or such other test as may be prescribed by the Arkansas Bureau of Standards;

(3) The method of testing distillation and the distillation range used in such testing of the petroleum products mentioned above shall be as prescribed by current American Society for Testing and Materials standards or as prescribed by the bureau;

(4) The tests required herein shall be made by the refiners, manufacturers, or blenders of gasoline, motor vehicle fuels, illuminating oils, or heating oils sold or offered for sale in the State of Arkansas; and where shipment is by rail or water transportation, the bill of lading for each shipment shall state that the product meets the American Society for Testing and Materials standards set forth herein. Where shipment is by truck or other vehicle, the invoice for each shipment shall state that the product meets the American Society for Testing and Materials standards set forth herein. The bill of lading must show the destination of the shipment. When any inspector of the bureau is in doubt as to the correctness of the statement attached to the bill of lading or invoice, he or she may procure a sample of the petroleum product in question and send the sample to the bureau;

(5) The bureau, upon receipt of the sample, shall further test the sample or cause the sample to be tested and the result of the test shall be final; and

(6) Such other specifications shall be met and tests performed as required by the American Society for Testing and Materials or as prescribed by the bureau.

Acts 1933, No. 134, § 1; Pope's Dig., § 10448; Acts 1941, No. 380, § 1; 1955, No. 124, § 1; 1977, No. 346, § 1; A.S.A. 1947, § 53-601.
Ark. Code Ann. § 15-4-3807 — AR Code / Title 15 / Chapter 4 / Subchapter 38 / Section 15-4-3807
Relationship to federal law
Status: in_force

(a) If this subchapter conflicts with federal law pertaining to a federal aid program, the conflicting provision or provisions of this subchapter do not apply to a contract that is subject to that federal law, rule, or regulation to the extent of the conflict. (b) To the extent a conflict does not exist with federal law, this subchapter applies to contracts paid, in whole or in part, with federal funds. Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.

(a) If this subchapter conflicts with federal law pertaining to a federal aid program, the conflicting provision or provisions of this subchapter do not apply to a contract that is subject to that federal law, rule, or regulation to the extent of the conflict.

(b) To the extent a conflict does not exist with federal law, this subchapter applies to contracts paid, in whole or in part, with federal funds.

Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 15-42-129 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-129
Resident feral hog depredation permit
Status: in_force

(a) The Arkansas State Game and Fish Commission may issue a resident depredation permit for hunting and trapping feral hogs. (b) A person may obtain a depredation permit issued under this section by: (1) Applying to the commission; and (2) Furnishing information required by the commission to verify eligibility. (c) A depredation permit issued under this section shall: (1) Be in the same form and contain the same information as other depredation permits issued by the commission; and (2) Contain any other information required by the commission. (d) A property owner or tenant shall not be required to obtain a depredation permit issued under this section to hunt or trap feral hogs on the private property owned by the owner or leased by the tenant. (e) The commission may promulgate rules to implement this section. Added by Act 2015, No. 723,§ 4, eff. 7/22/2015.

(a) The Arkansas State Game and Fish Commission may issue a resident depredation permit for hunting and trapping feral hogs.

(b) A person may obtain a depredation permit issued under this section by: (1) Applying to the commission; and (2) Furnishing information required by the commission to verify eligibility.

(1) Applying to the commission; and

(2) Furnishing information required by the commission to verify eligibility.

(c) A depredation permit issued under this section shall: (1) Be in the same form and contain the same information as other depredation permits issued by the commission; and (2) Contain any other information required by the commission.

(1) Be in the same form and contain the same information as other depredation permits issued by the commission; and

(2) Contain any other information required by the commission.

(d) A property owner or tenant shall not be required to obtain a depredation permit issued under this section to hunt or trap feral hogs on the private property owned by the owner or leased by the tenant.

(e) The commission may promulgate rules to implement this section.

Added by Act 2015, No. 723,§ 4, eff. 7/22/2015.
Ark. Code Ann. § 15-5-304 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-304
Exclusive issuer of mortgage bonds
Status: in_force

For purposes of compliance with the Mortgage Subsidy Bond Tax Act of 1980, the General Assembly finds and declares that the Arkansas Development Finance Authority shall be the exclusive issuer of mortgage bonds as defined in the Mortgage Subsidy Bond Tax Act of 1980, and the authority shall receive the entire allocation to the state in principal amount of bonds to be issued annually. Acts 1985, No. 1062, § 9.00; A.S.A. 1947, § 13-2909.

For purposes of compliance with the Mortgage Subsidy Bond Tax Act of 1980, the General Assembly finds and declares that the Arkansas Development Finance Authority shall be the exclusive issuer of mortgage bonds as defined in the Mortgage Subsidy Bond Tax Act of 1980, and the authority shall receive the entire allocation to the state in principal amount of bonds to be issued annually.

Acts 1985, No. 1062, § 9.00; A.S.A. 1947, § 13-2909.
Ark. Code Ann. § 15-75-313 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-313
Class seven permit
Status: in_force

(a) The holder of a class seven permit: (1) May operate liquefied petroleum gas service stations; (2) May sell liquefied petroleum gas to operators of mobile equipment only; (3) May not sell or install any type container or appliance; (4) May not fill any type container except those permanently mounted on mobile equipment; (5) Must provide storage and dispensing facilities suitable to the Liquefied Petroleum Gas Board; (6) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance or Garage Liability Bodily Each Accident $500,000 Aggregate 500,000 Each Person $500,000 Liability Insurance or Garage Liability Property Damage Liability Insurance Each Accident 500,000 Each Accident $500,000 (7) Must pay an annual permit fee in the sum of one hundred dollars ($100). (b) In addition to the foregoing requirements, all class seven applicants must comply with all other applicable requirements. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 9; 1995, No. 477, § 6.

(a) The holder of a class seven permit: (1) May operate liquefied petroleum gas service stations; (2) May sell liquefied petroleum gas to operators of mobile equipment only; (3) May not sell or install any type container or appliance; (4) May not fill any type container except those permanently mounted on mobile equipment; (5) Must provide storage and dispensing facilities suitable to the Liquefied Petroleum Gas Board; (6) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance or Garage Liability Bodily Each Accident $500,000 Aggregate 500,000 Each Person $500,000 Liability Insurance or Garage Liability Property Damage Liability Insurance Each Accident 500,000 Each Accident $500,000 (7) Must pay an annual permit fee in the sum of one hundred dollars ($100).

(1) May operate liquefied petroleum gas service stations;

(2) May sell liquefied petroleum gas to operators of mobile equipment only;

(3) May not sell or install any type container or appliance;

(4) May not fill any type container except those permanently mounted on mobile equipment;

(5) Must provide storage and dispensing facilities suitable to the Liquefied Petroleum Gas Board;

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

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

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

Each Person

$500,000

Each Accident

500,000

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

Each Accident

$500,000

Aggregate

500,000

(C) Products Bodily Injury Liability Insurance

Each Person

$500,000

Each Accident

500,000

Aggregate

500,000

(D) Products Property Damage Liability Insurance or Garage Liability Bodily

Each Accident

$500,000

Aggregate

500,000

Each Person

$500,000

Liability Insurance or Garage Liability Property Damage Liability Insurance

Each Accident

500,000

Each Accident

$500,000

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

(b) In addition to the foregoing requirements, all class seven applicants must comply with all other applicable requirements.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 9; 1995, No. 477, § 6.
Ark. Code Ann. § 15-4-1210 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1210
Commencement and continuation of existence
Status: in_force

(a) Upon the issuance of the certificate of incorporation or certificate of organization by the Bank Commissioner, the existence of the company shall begin. (b) The certificate of incorporation or certificate of organization shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by the applicants have been complied with and that the company has been organized under this subchapter. (c) A copy of the articles of incorporation or articles of organization so endorsed by the commissioner, as prescribed in § 15-4-1209 , shall be filed for recordation in the office of the county clerk in the county in which the principal office of the company is located, and a copy shall be delivered to the Secretary of the Department of Finance and Administration. (d) The company shall pay to the commissioner in semiannual billings four hundred dollars ($400) per year to establish and continue its existence and good standing under this subchapter. Amended by Act 2019, No. 910,§ 3395, eff. 7/1/2019. Acts 1991, No. 1029, § 8; 1999, No. 37, § 9.

(a) Upon the issuance of the certificate of incorporation or certificate of organization by the Bank Commissioner, the existence of the company shall begin.

(b) The certificate of incorporation or certificate of organization shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by the applicants have been complied with and that the company has been organized under this subchapter.

(c) A copy of the articles of incorporation or articles of organization so endorsed by the commissioner, as prescribed in § 15-4-1209 , shall be filed for recordation in the office of the county clerk in the county in which the principal office of the company is located, and a copy shall be delivered to the Secretary of the Department of Finance and Administration.

(d) The company shall pay to the commissioner in semiannual billings four hundred dollars ($400) per year to establish and continue its existence and good standing under this subchapter.

Amended by Act 2019, No. 910,§ 3395, eff. 7/1/2019.

Acts 1991, No. 1029, § 8; 1999, No. 37, § 9.
Ark. Code Ann. § 15-43-324 — AR Code / Title 15 / Chapter 43 / Subchapter 3 / Section 15-43-324
General regulation of hoop, barrel, or pond nets
Status: in_force

(a) It shall be unlawful for any person to own, possess, or use, in this state, any hoop, barrel, or pond net on which license has not been paid, except as herein provided. (b) Such nets shall contain meshes not less than two and one-half inches (21/2") square. (c) The annual license to use or possess hoop, barrel, or pond nets shall be one dollar ($1.00) each. With each net license there shall be issued a metal tag for each net authorized by such license and bearing a corresponding number thereto. Such tag shall be securely attached to the first hoop at the mouth of the net and shall remain attached thereto unless temporarily removed at the vat for tarring the net; provided, new, unused nets may be possessed without license or tags. The license and accompanying tags shall be in form and substance as approved by the Arkansas State Game and Fish Commission, and revenues arising therefrom shall be credited to the Game Protection Fund. (d) The use or possession of any net or seine contrary to law is declared to be a public nuisance, and the confiscation thereof is declared to be necessary in protecting the public against such nuisance. Any sheriff, constable, warden, or other police officer who finds an illegally possessed or used net or seine, or a net or seine with illegal mesh, shall deliver the net or seine to a justice of the peace of the county where the net or seine is found. If the tackle is legal in make-up, the justice of the peace shall sell the net or seine to the highest and best bidder and pay the proceeds therefrom to the county treasurer of his or her county for transmittal to the Treasurer of State, to be credited to the Game Protection Fund, but if the tackle is illegal in structure, he or she shall order it destroyed immediately. (e) Where any lead or wing is used in connection with any hoop, barrel, or pond net in overflow water, no other lead, net, or wing shall be set a closer distance to the lead or wing than the total length of the lead or wing. No lead or wing longer than one hundred (100) yards in length shall be used or set so as to obstruct more than fifty percent (50%) of the open water within the banks of any stream or body of water. No lead or wing used with hoop, barrel, or pond nets shall be dragged or moved through the water for the purpose of seining, or surrounding fish, but the lead or wing shall remain fixed after being set. It shall be unlawful for any person to drive or attempt to drive fish into wings or leads, pond, barrel, or hoop nets, by any means whatsoever. Leads or wings shall contain mesh not less than two and one-half inches (21/2") square. (f) Any person violating any provision of subsections (a)-(e) of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00). Acts 1943, No. 146, § 14; 1943, No. 319, § 2; 1955, No. 152, § 1; A.S.A. 1947, § 47-411.

(a) It shall be unlawful for any person to own, possess, or use, in this state, any hoop, barrel, or pond net on which license has not been paid, except as herein provided.

(b) Such nets shall contain meshes not less than two and one-half inches (21/2") square.

(c) The annual license to use or possess hoop, barrel, or pond nets shall be one dollar ($1.00) each. With each net license there shall be issued a metal tag for each net authorized by such license and bearing a corresponding number thereto. Such tag shall be securely attached to the first hoop at the mouth of the net and shall remain attached thereto unless temporarily removed at the vat for tarring the net; provided, new, unused nets may be possessed without license or tags. The license and accompanying tags shall be in form and substance as approved by the Arkansas State Game and Fish Commission, and revenues arising therefrom shall be credited to the Game Protection Fund.

(d) The use or possession of any net or seine contrary to law is declared to be a public nuisance, and the confiscation thereof is declared to be necessary in protecting the public against such nuisance. Any sheriff, constable, warden, or other police officer who finds an illegally possessed or used net or seine, or a net or seine with illegal mesh, shall deliver the net or seine to a justice of the peace of the county where the net or seine is found. If the tackle is legal in make-up, the justice of the peace shall sell the net or seine to the highest and best bidder and pay the proceeds therefrom to the county treasurer of his or her county for transmittal to the Treasurer of State, to be credited to the Game Protection Fund, but if the tackle is illegal in structure, he or she shall order it destroyed immediately.

(e) Where any lead or wing is used in connection with any hoop, barrel, or pond net in overflow water, no other lead, net, or wing shall be set a closer distance to the lead or wing than the total length of the lead or wing. No lead or wing longer than one hundred (100) yards in length shall be used or set so as to obstruct more than fifty percent (50%) of the open water within the banks of any stream or body of water. No lead or wing used with hoop, barrel, or pond nets shall be dragged or moved through the water for the purpose of seining, or surrounding fish, but the lead or wing shall remain fixed after being set. It shall be unlawful for any person to drive or attempt to drive fish into wings or leads, pond, barrel, or hoop nets, by any means whatsoever. Leads or wings shall contain mesh not less than two and one-half inches (21/2") square.

(f) Any person violating any provision of subsections (a)-(e) of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00).

Acts 1943, No. 146, § 14; 1943, No. 319, § 2; 1955, No. 152, § 1; A.S.A. 1947, § 47-411.
Ark. Code Ann. § 15-5-418 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-418
Execution of bonds and coupons - Temporary notes or bonds
Status: in_force

(a) The bonds shall be executed by the facsimile or manual signature of the Chair of the Board of Directors of the Arkansas Development Finance Authority and by the facsimile or manual signature of the Secretary of the Board of Directors of the Arkansas Development Finance Authority. (b) Interest coupons attached to the bonds shall be executed with the facsimile signature of the chair. (c) Delivery of the bonds and coupons so executed shall be valid, notwithstanding any change in persons holding such offices occurring after the bonds have been executed. (d) Temporary notes or bonds conforming generally to the provisions of this subchapter, exchangeable for definitive bonds, may be issued in the discretion of the Arkansas Development Finance Authority. Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.

(a) The bonds shall be executed by the facsimile or manual signature of the Chair of the Board of Directors of the Arkansas Development Finance Authority and by the facsimile or manual signature of the Secretary of the Board of Directors of the Arkansas Development Finance Authority.

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

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

(d) Temporary notes or bonds conforming generally to the provisions of this subchapter, exchangeable for definitive bonds, may be issued in the discretion of the Arkansas Development Finance Authority.

Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.
Ark. Code Ann. § 15-4-3007 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3007
Series of bonds
Status: in_force

(a) The bonds shall be issued in series in amounts sufficient to finance or refinance all or any part of a superproject's costs, with the respective series to be designated in alphabetical order or by the year in which issued, or both. (b) Each series of bonds shall have such date as the Arkansas Development Finance Authority shall determine and shall mature or be subject to mandatory sinking fund redemption as determined by the authority over a period ending not later than thirty (30) years after the date of issuing the bonds of each series. (c) Pending the issuance of bonds, the authority may issue temporary notes maturing not more than five (5) years after the date of issuance, to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued. (d) (1) Each series of the bonds shall bear interest at the rate or rates accepted by the authority. (2) Interest shall be payable at such times as the authority shall determine. (e) The bonds may: (1) Be issued in the form; (2) Be in the denominations; (3) Be made exchangeable for bonds of another form or denomination bearing the same rate of interest and date of maturity; (4) Be made payable at the places within or without the state; (5) Be made subject to redemption prior to maturity in the manner and for redemption prices; and (6) Contain other terms and conditions, as the authority shall determine. (f) The bonds shall have all of the qualities of negotiable instruments or securities under the laws of this state, subject to the provision for registration of ownership. Acts 2003, No. 1751, § 7.

(a) The bonds shall be issued in series in amounts sufficient to finance or refinance all or any part of a superproject's costs, with the respective series to be designated in alphabetical order or by the year in which issued, or both.

(b) Each series of bonds shall have such date as the Arkansas Development Finance Authority shall determine and shall mature or be subject to mandatory sinking fund redemption as determined by the authority over a period ending not later than thirty (30) years after the date of issuing the bonds of each series.

(c) Pending the issuance of bonds, the authority may issue temporary notes maturing not more than five (5) years after the date of issuance, to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued.

(d) (1) Each series of the bonds shall bear interest at the rate or rates accepted by the authority. (2) Interest shall be payable at such times as the authority shall determine.

(1) Each series of the bonds shall bear interest at the rate or rates accepted by the authority.

(2) Interest shall be payable at such times as the authority shall determine.

(e) The bonds may: (1) Be issued in the form; (2) Be in the denominations; (3) Be made exchangeable for bonds of another form or denomination bearing the same rate of interest and date of maturity; (4) Be made payable at the places within or without the state; (5) Be made subject to redemption prior to maturity in the manner and for redemption prices; and (6) Contain other terms and conditions, as the authority shall determine.

(1) Be issued in the form;

(2) Be in the denominations;

(3) Be made exchangeable for bonds of another form or denomination bearing the same rate of interest and date of maturity;

(4) Be made payable at the places within or without the state;

(5) Be made subject to redemption prior to maturity in the manner and for redemption prices; and

(6) Contain other terms and conditions, as the authority shall determine.

as the authority shall determine.

(f) The bonds shall have all of the qualities of negotiable instruments or securities under the laws of this state, subject to the provision for registration of ownership.

Acts 2003, No. 1751, § 7.
Ark. Code Ann. § 15-76-303 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-303
Penalties
Status: in_force

(a) Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five hundred dollars ($500) or imprisonment for a term of not more than six (6) months, or to both fine and imprisonment, who, for the purpose of evading this subchapter or of evading any rule or order made thereunder, shall: (1) Intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this subchapter or by any rule or order made hereunder; (2) Make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this subchapter or of any rule or order made hereunder; (3) Omit to make, or cause to be omitted, full, true, and correct entries in those accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the brine industry of that person as may be required by the Oil and Gas Commission under authority given in this subchapter or by any rule or order made hereunder; or (4) Remove out of the jurisdiction of the state, or who shall mutilate, alter, or by any other means falsify, any book, record, or other paper made under this subchapter. (b) Any person who knowingly and willfully violates any provision of this subchapter or of any rule or order of the commission made hereunder shall, in the event a penalty for the violation is not otherwise provided in this subchapter, be subject to a penalty not to exceed one thousand dollars ($1,000) a day for each and every day of the violation. For each and every act of violation, the penalty shall be recovered in a suit in the circuit court of the county where the defendant resides, or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place. The place of suit shall be selected by the commission, and the suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted. (c) Any person knowingly and willfully aiding or abetting any other person in the violation of any provision of this subchapter or any rule or order made hereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person. Amended by Act 2019, No. 315,§ 1277, eff. 7/24/2019. Acts 1979, No. 937, § 19; A.S.A. 1947, § 53-1319.

(a) Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five hundred dollars ($500) or imprisonment for a term of not more than six (6) months, or to both fine and imprisonment, who, for the purpose of evading this subchapter or of evading any rule or order made thereunder, shall: (1) Intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this subchapter or by any rule or order made hereunder; (2) Make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this subchapter or of any rule or order made hereunder; (3) Omit to make, or cause to be omitted, full, true, and correct entries in those accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the brine industry of that person as may be required by the Oil and Gas Commission under authority given in this subchapter or by any rule or order made hereunder; or (4) Remove out of the jurisdiction of the state, or who shall mutilate, alter, or by any other means falsify, any book, record, or other paper made under this subchapter.

(1) Intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this subchapter or by any rule or order made hereunder;

(2) Make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this subchapter or of any rule or order made hereunder;

(3) Omit to make, or cause to be omitted, full, true, and correct entries in those accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the brine industry of that person as may be required by the Oil and Gas Commission under authority given in this subchapter or by any rule or order made hereunder; or

(4) Remove out of the jurisdiction of the state, or who shall mutilate, alter, or by any other means falsify, any book, record, or other paper made under this subchapter.

(b) Any person who knowingly and willfully violates any provision of this subchapter or of any rule or order of the commission made hereunder shall, in the event a penalty for the violation is not otherwise provided in this subchapter, be subject to a penalty not to exceed one thousand dollars ($1,000) a day for each and every day of the violation. For each and every act of violation, the penalty shall be recovered in a suit in the circuit court of the county where the defendant resides, or in the county of the residence of any defendant if there is more than one (1) defendant, or in the circuit court of the county where the violation took place. The place of suit shall be selected by the commission, and the suit, by direction of the commission, shall be instituted and conducted in the name of the commission by the attorney for the commission or by the Attorney General or under his or her direction by the prosecuting attorney of the county where the suit is instituted.

(c) Any person knowingly and willfully aiding or abetting any other person in the violation of any provision of this subchapter or any rule or order made hereunder shall be subject to the same penalties as are prescribed herein for the violation by the other person.

Amended by Act 2019, No. 315,§ 1277, eff. 7/24/2019.

Acts 1979, No. 937, § 19; A.S.A. 1947, § 53-1319.
Ark. Code Ann. § 15-22-501 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-501
Definitions
Status: in_force

As used in this subchapter, "water development project" means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, utilization, and proper disposal of the state's water resources and related land resources in order to: (1) Provide for the people of the state adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes, water for navigation, and access to the state's lakes and streams, parks, and other recreational sites along their shores; (2) Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods; and (3) Collect or treat sewage, including without limitation, wastewater treatment plants, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse. Acts 1969, No. 217, § 1; 1973, No. 584, § 1; A.S.A. 1947, § 21-1317; Acts 2011, No. 26, § 1.

As used in this subchapter, "water development project" means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, utilization, and proper disposal of the state's water resources and related land resources in order to:

(1) Provide for the people of the state adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes, water for navigation, and access to the state's lakes and streams, parks, and other recreational sites along their shores;

(2) Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods; and

(3) Collect or treat sewage, including without limitation, wastewater treatment plants, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse.

Acts 1969, No. 217, § 1; 1973, No. 584, § 1; A.S.A. 1947, § 21-1317; Acts 2011, No. 26, § 1.
Ark. Code Ann. § 15-20-410 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-410
Easements held by Old State House Commission
Status: in_force

(a) (1) Approval of the creation, modification, or termination of a conservation easement held by the Old State House Commission shall be executed by the Director of the Old State House Commission in accordance with the rules promulgated by the Old State House Commission to assure that conservation easements shall be in the public interest. (2) Approval shall be evidenced by a certificate of approval, certificate of modification, or certificate of termination duly executed on behalf of the Old State House Commission and duly recorded in the deed records of the county in which the real property is located. (b) In determining whether the conservation easement or its continuance is in the public interest, the Old State House Commission shall take into consideration any national, state, regional, and local comprehensive land use or development plan affecting the historical, architectural, archeological, or cultural aspects of the real property. (c) A conservation easement held by the Old State House Commission may be modified or released, in whole or in part, by the Old State House Commission for such consideration, if any, as the Old State House Commission may determine, in the same manner as the Old State House Commission may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice under the procedures established by the Old State House Commission. (d) All easements in the name of the Arkansas Commemorative Commission are transferred to the Old State House Commission. Amended by Act 2019, No. 315,§ 1115, eff. 7/24/2019. Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202; Acts 2001, No. 68, § 2.

(a) (1) Approval of the creation, modification, or termination of a conservation easement held by the Old State House Commission shall be executed by the Director of the Old State House Commission in accordance with the rules promulgated by the Old State House Commission to assure that conservation easements shall be in the public interest. (2) Approval shall be evidenced by a certificate of approval, certificate of modification, or certificate of termination duly executed on behalf of the Old State House Commission and duly recorded in the deed records of the county in which the real property is located.

(1) Approval of the creation, modification, or termination of a conservation easement held by the Old State House Commission shall be executed by the Director of the Old State House Commission in accordance with the rules promulgated by the Old State House Commission to assure that conservation easements shall be in the public interest.

(2) Approval shall be evidenced by a certificate of approval, certificate of modification, or certificate of termination duly executed on behalf of the Old State House Commission and duly recorded in the deed records of the county in which the real property is located.

(b) In determining whether the conservation easement or its continuance is in the public interest, the Old State House Commission shall take into consideration any national, state, regional, and local comprehensive land use or development plan affecting the historical, architectural, archeological, or cultural aspects of the real property.

(c) A conservation easement held by the Old State House Commission may be modified or released, in whole or in part, by the Old State House Commission for such consideration, if any, as the Old State House Commission may determine, in the same manner as the Old State House Commission may dispose of land or other interests in land, but only after a public hearing upon reasonable public notice under the procedures established by the Old State House Commission.

(d) All easements in the name of the Arkansas Commemorative Commission are transferred to the Old State House Commission.

Amended by Act 2019, No. 315,§ 1115, eff. 7/24/2019.

Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202; Acts 2001, No. 68, § 2.
Ark. Code Ann. § 15-11-211 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-211
Disposal of railroad track material
Status: in_force

(a) The State Parks, Recreation, and Travel Commission and the Department of Parks, Heritage, and Tourism are authorized to dispose of rail and other railroad track material by gift or contract to a regional intermodal facilities authority organized pursuant to the Regional Intermodal Facilities Act, § 14-143-101 et seq., a metropolitan port authority organized pursuant to the Metropolitan Port Authority Act of 1961, § 14-185-101 et seq., or a planning and development district recognized by § 14-166-202 . (b) A regional intermodal facilities authority, a metropolitan port authority, or a planning and development district may receive and acquire the property described in subsection (a) of this section upon such terms and conditions acceptable to it and shall use the property for railroad purposes in accordance with the power and authority conferred by law. (c) If a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district subsequently sells the property described in subsection (a) of this section, the net proceeds received from disposition of the property, after deduction of all costs and expenses related thereto, shall be remitted to the commission and the department. Amended by Act 2019, No. 910,§ 5630, eff. 7/1/2019. Acts 2007, No. 679, § 1.

(a) The State Parks, Recreation, and Travel Commission and the Department of Parks, Heritage, and Tourism are authorized to dispose of rail and other railroad track material by gift or contract to a regional intermodal facilities authority organized pursuant to the Regional Intermodal Facilities Act, § 14-143-101 et seq., a metropolitan port authority organized pursuant to the Metropolitan Port Authority Act of 1961, § 14-185-101 et seq., or a planning and development district recognized by § 14-166-202 .

(b) A regional intermodal facilities authority, a metropolitan port authority, or a planning and development district may receive and acquire the property described in subsection (a) of this section upon such terms and conditions acceptable to it and shall use the property for railroad purposes in accordance with the power and authority conferred by law.

(c) If a regional intermodal facilities authority, a metropolitan port authority, or a planning and development district subsequently sells the property described in subsection (a) of this section, the net proceeds received from disposition of the property, after deduction of all costs and expenses related thereto, shall be remitted to the commission and the department.

Amended by Act 2019, No. 910,§ 5630, eff. 7/1/2019.

Acts 2007, No. 679, § 1.
Ark. Code Ann. § 15-75-106 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-106
Disposition of funds
Status: in_force

(a) All moneys collected as liquefied petroleum gas inspection, registration, permit, or other fees under the provisions of this subchapter shall be deposited in the State Treasury, and the Treasurer of State shall credit the moneys to the Liquefied Petroleum Gas Fund. (b) All moneys deposited in the fund shall be used for the maintenance, operation, and improvement of the Liquefied Petroleum Gas Board. Acts 1965, No. 31, § 13; A.S.A. 1947, § 53-712.

(a) All moneys collected as liquefied petroleum gas inspection, registration, permit, or other fees under the provisions of this subchapter shall be deposited in the State Treasury, and the Treasurer of State shall credit the moneys to the Liquefied Petroleum Gas Fund.

(b) All moneys deposited in the fund shall be used for the maintenance, operation, and improvement of the Liquefied Petroleum Gas Board.

Acts 1965, No. 31, § 13; A.S.A. 1947, § 53-712.
Ark. Code Ann. § 15-74-101 — AR Code / Title 15 / Chapter 74 / Subchapter 1 / Section 15-74-101
Information required in division order or declaration of interest in gas
Status: in_force

(a) All division orders or any declaration of interest in gas between the purchaser of gas production and the owner of the production in Arkansas or between the purchasers of gas production or the owner of the production and the royalty interest owners in Arkansas shall contain the following information on the first page: (1) The name and address of the owner of royalties; (2) A space for the owner's social security number or tax identification number and the other information needed to meet the requirements of the Internal Revenue Service or other governmental agencies and a space for the owner's signature; (3) The acreage under which the royalty owner has an interest and the fractional or decimal interest owned by the royalty owner in the pool; (4) The total amount of the net mineral acres in the area subject to the division order; and (5) The effective date of the division order. (b) The terms of this section shall not be applicable to any producing unit or well that produces liquid hydrocarbons only, or liquid hydrocarbons associated with the production of gas, or gas produced associated with the production of liquid hydrocarbons. Acts 1987, No. 605, §§ 1, 2.

(a) All division orders or any declaration of interest in gas between the purchaser of gas production and the owner of the production in Arkansas or between the purchasers of gas production or the owner of the production and the royalty interest owners in Arkansas shall contain the following information on the first page: (1) The name and address of the owner of royalties; (2) A space for the owner's social security number or tax identification number and the other information needed to meet the requirements of the Internal Revenue Service or other governmental agencies and a space for the owner's signature; (3) The acreage under which the royalty owner has an interest and the fractional or decimal interest owned by the royalty owner in the pool; (4) The total amount of the net mineral acres in the area subject to the division order; and (5) The effective date of the division order.

(1) The name and address of the owner of royalties;

(2) A space for the owner's social security number or tax identification number and the other information needed to meet the requirements of the Internal Revenue Service or other governmental agencies and a space for the owner's signature;

(3) The acreage under which the royalty owner has an interest and the fractional or decimal interest owned by the royalty owner in the pool;

(4) The total amount of the net mineral acres in the area subject to the division order; and

(5) The effective date of the division order.

(b) The terms of this section shall not be applicable to any producing unit or well that produces liquid hydrocarbons only, or liquid hydrocarbons associated with the production of gas, or gas produced associated with the production of liquid hydrocarbons.

Acts 1987, No. 605, §§ 1, 2.
Ark. Code Ann. § 15-20-403 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-403
Applicability and construction
Status: in_force

(a) This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise. (b) This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created after July 4, 1983, unless retroactive application contravenes the Arkansas Constitution, United States Constitution, or laws of this state or the United States. (c) This subchapter does not invalidate any otherwise valid interest, whether designated as a conservation easement or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, which was created under §§ 15-20-301 - 15-20-308 , 15-20-310 , and 15-20-312 - 15-20-316 , Acts 1975, No. 882 [repealed], or any other law of this state. (d) (1) This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable. (2) Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes. (3) Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town. Acts 1983, No. 567, § 5; A.S.A. 1947, § 50-1205.

(a) This subchapter applies to any interest created after July 4, 1983, which complies with this subchapter, whether designated as a conservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise.

(b) This subchapter applies to any interest created before July 4, 1983, if it would have been enforceable had it been created after July 4, 1983, unless retroactive application contravenes the Arkansas Constitution, United States Constitution, or laws of this state or the United States.

(c) This subchapter does not invalidate any otherwise valid interest, whether designated as a conservation easement or preservation easement or as a covenant, equitable servitude, restriction, easement, or otherwise, which was created under §§ 15-20-301 - 15-20-308 , 15-20-310 , and 15-20-312 - 15-20-316 , Acts 1975, No. 882 [repealed], or any other law of this state.

(d) (1) This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable. (2) Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes. (3) Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town.

(1) This subchapter shall not be construed to imply that any restriction, easement, covenant, or condition which does not come within the purview of this subchapter, on account of any provisions hereof, shall be unenforceable.

(2) Nothing in this subchapter shall diminish the powers granted by any general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes.

(3) Nothing in this subchapter shall be construed to repeal or diminish any of the powers, functions, or responsibilities of any state agency, county, city of the first class or city of the second class, or incorporated town.

Acts 1983, No. 567, § 5; A.S.A. 1947, § 50-1205.
Ark. Code Ann. § 15-11-409 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-409
Investigations and audits
Status: in_force

The State Parks, Recreation, and Travel Commission or the Tourism Division from time to time may make such investigations and audits and require each participating regional tourist promotion agency to furnish such evidence or proof to determine that all funds granted under the provisions of this subchapter are being handled and expended for the purposes as approved by the commission or the Department of Parks, Heritage, and Tourism in awarding the grant. Amended by Act 2019, No. 910,§ 5646, eff. 7/1/2019. Acts 1969, No. 310, § 7; 1975, No. 281, § 1; A.S.A. 1947, § 9-227; Acts 1995, No. 1296, § 50.

The State Parks, Recreation, and Travel Commission or the Tourism Division from time to time may make such investigations and audits and require each participating regional tourist promotion agency to furnish such evidence or proof to determine that all funds granted under the provisions of this subchapter are being handled and expended for the purposes as approved by the commission or the Department of Parks, Heritage, and Tourism in awarding the grant.

Amended by Act 2019, No. 910,§ 5646, eff. 7/1/2019.

Acts 1969, No. 310, § 7; 1975, No. 281, § 1; A.S.A. 1947, § 9-227; Acts 1995, No. 1296, § 50.
Ark. Code Ann. § 15-4-101 — AR Code / Title 15 / Chapter 4 / Subchapter 1 / Section 15-4-101
Title
Status: in_force

This act shall be referred to and may be cited as the "Arkansas Industrial Development Act". Acts 1981, No. 41, § 1; A.S.A. 1947, § 9-504.

This act shall be referred to and may be cited as the "Arkansas Industrial Development Act".

Acts 1981, No. 41, § 1; A.S.A. 1947, § 9-504.
Ark. Code Ann. § 15-4-3708 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3708
Designation of local workforce development areas
Status: in_force

(a) No later than July 1, 2015, the Governor shall designate local workforce development areas within the state: (1) Through consultation with the Arkansas Workforce Development Board; and (2) After consultation with chief elected officials and local workforce development boards and after consideration of comments received through the public comment process. (b) In making the designation of local workforce development areas, the Governor shall take into consideration that local workforce development areas: (1) Are consistent with labor market areas in the state; (2) Are consistent with regional economic development areas in the state; and (3) Have available the federal and nonfederal resources necessary to effectively administer activities under Subtitle B of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3151-3153 , 3161-3164 , 3171-3174 , and 3181 , including whether the local workforce development areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools. (c) During the first two (2) full program years, the Governor shall approve a request for initial designation as a local workforce development area from any area that was designated as a local workforce development area for purposes of the Workforce Investment Act of 1998, 20 U.S.C. § 9201 et seq., for the two-year period preceding July 1, 2015, performed successfully, and sustained fiscal integrity. (d) After the period for which a local workforce development area is initially designated under this section, the Governor shall approve a request for subsequent designation as a local workforce development area from the local workforce development area, if the local workforce development area: (1) Performed successfully; (2) Sustained fiscal integrity; and (3) In the case of a local workforce development area in a planning region described in § 15-4-3714 , met the requirements of § 15-4-3714 . Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) No later than July 1, 2015, the Governor shall designate local workforce development areas within the state: (1) Through consultation with the Arkansas Workforce Development Board; and (2) After consultation with chief elected officials and local workforce development boards and after consideration of comments received through the public comment process.

(1) Through consultation with the Arkansas Workforce Development Board; and

(2) After consultation with chief elected officials and local workforce development boards and after consideration of comments received through the public comment process.

(b) In making the designation of local workforce development areas, the Governor shall take into consideration that local workforce development areas: (1) Are consistent with labor market areas in the state; (2) Are consistent with regional economic development areas in the state; and (3) Have available the federal and nonfederal resources necessary to effectively administer activities under Subtitle B of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3151-3153 , 3161-3164 , 3171-3174 , and 3181 , including whether the local workforce development areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools.

(1) Are consistent with labor market areas in the state;

(2) Are consistent with regional economic development areas in the state; and

(3) Have available the federal and nonfederal resources necessary to effectively administer activities under Subtitle B of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3151-3153 , 3161-3164 , 3171-3174 , and 3181 , including whether the local workforce development areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools.

(c) During the first two (2) full program years, the Governor shall approve a request for initial designation as a local workforce development area from any area that was designated as a local workforce development area for purposes of the Workforce Investment Act of 1998, 20 U.S.C. § 9201 et seq., for the two-year period preceding July 1, 2015, performed successfully, and sustained fiscal integrity.

(d) After the period for which a local workforce development area is initially designated under this section, the Governor shall approve a request for subsequent designation as a local workforce development area from the local workforce development area, if the local workforce development area: (1) Performed successfully; (2) Sustained fiscal integrity; and (3) In the case of a local workforce development area in a planning region described in § 15-4-3714 , met the requirements of § 15-4-3714 .

(1) Performed successfully;

(2) Sustained fiscal integrity; and

(3) In the case of a local workforce development area in a planning region described in § 15-4-3714 , met the requirements of § 15-4-3714 .

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-22-621 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-621
Investment of moneys
Status: in_force

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the fullest extent practicable pending disbursement for the purposes intended. Investment shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the fund appertains to the extent of the terms of the resolution or trust indenture. Acts 1981, No. 496, § 19; A.S.A. 1947, § 21-2319.

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the fullest extent practicable pending disbursement for the purposes intended. Investment shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the fund appertains to the extent of the terms of the resolution or trust indenture.

Acts 1981, No. 496, § 19; A.S.A. 1947, § 21-2319.
Ark. Code Ann. § 15-58-210 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-210
Adjudicatory hearing - Presiding officers
Status: in_force

(a) The following persons shall preside at an adjudicatory public hearing: (1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or (2) One (1) or more examiners or referees designated by the commission or the commission's administrative law judge. (b) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. No examiner may participate in a proceeding in which he or she has participated as or on behalf of the charging party in such proceeding. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the commission and granted if timely, sufficient, and filed in good faith. (c) Presiding officers at a public hearing shall have power: (1) To set the time and place for the public hearing in accordance with rules issued by the commission; (2) To issue subpoenas for the attendance and testimony of witnesses and the production of documents or things and to issue the subpoena forthwith on the written application by any party therefor; (3) To administer oaths and affirmations and permit cross-examination; (4) To take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity; (5) To maintain order; (6) To rule upon all questions arising during the course of a hearing or proceeding; (7) To permit discovery by deposition or otherwise; (8) To hold conferences for the settlement or simplification of issues; (9) To grant stays or temporary relief under conditions they prescribe in accordance with rules issued by the commission pursuant to this chapter; (10) To recommend a final adjudicatory decision to the commission or, if the commission so designates, to issue a final adjudicatory decision which shall be the decision of the commission; and (11) Generally to regulate and guide the course of the pending proceeding. Amended by Act 2019, No. 315,§ 1193, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1192, eff. 7/24/2019. Amended by Act 2015, No. 838,§ 7, eff. 7/22/2015. Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.

(a) The following persons shall preside at an adjudicatory public hearing: (1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or (2) One (1) or more examiners or referees designated by the commission or the commission's administrative law judge.

(1) One (1) or more members of the Arkansas Pollution Control and Ecology Commission; or

(2) One (1) or more examiners or referees designated by the commission or the commission's administrative law judge.

(b) All presiding officers and all officers participating in decisions shall conduct themselves in an impartial manner and may at any time withdraw if they deem themselves disqualified. No examiner may participate in a proceeding in which he or she has participated as or on behalf of the charging party in such proceeding. Any party may file an affidavit of personal bias or disqualification, which shall be ruled on by the commission and granted if timely, sufficient, and filed in good faith.

(c) Presiding officers at a public hearing shall have power: (1) To set the time and place for the public hearing in accordance with rules issued by the commission; (2) To issue subpoenas for the attendance and testimony of witnesses and the production of documents or things and to issue the subpoena forthwith on the written application by any party therefor; (3) To administer oaths and affirmations and permit cross-examination; (4) To take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity; (5) To maintain order; (6) To rule upon all questions arising during the course of a hearing or proceeding; (7) To permit discovery by deposition or otherwise; (8) To hold conferences for the settlement or simplification of issues; (9) To grant stays or temporary relief under conditions they prescribe in accordance with rules issued by the commission pursuant to this chapter; (10) To recommend a final adjudicatory decision to the commission or, if the commission so designates, to issue a final adjudicatory decision which shall be the decision of the commission; and (11) Generally to regulate and guide the course of the pending proceeding.

(1) To set the time and place for the public hearing in accordance with rules issued by the commission;

(2) To issue subpoenas for the attendance and testimony of witnesses and the production of documents or things and to issue the subpoena forthwith on the written application by any party therefor;

(3) To administer oaths and affirmations and permit cross-examination;

(4) To take evidence, including, but not limited to, inspections of the land affected and other surface coal mining operations carried on by the applicant in the general vicinity;

(5) To maintain order;

(6) To rule upon all questions arising during the course of a hearing or proceeding;

(7) To permit discovery by deposition or otherwise;

(8) To hold conferences for the settlement or simplification of issues;

(9) To grant stays or temporary relief under conditions they prescribe in accordance with rules issued by the commission pursuant to this chapter;

(10) To recommend a final adjudicatory decision to the commission or, if the commission so designates, to issue a final adjudicatory decision which shall be the decision of the commission; and

(11) Generally to regulate and guide the course of the pending proceeding.

Amended by Act 2019, No. 315,§ 1193, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1192, eff. 7/24/2019.

Amended by Act 2015, No. 838,§ 7, eff. 7/22/2015.

Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.
Ark. Code Ann. § 15-43-239 — AR Code / Title 15 / Chapter 43 / Subchapter 2 / Section 15-43-239
Responsibilities of guides and their employers, etc
Status: in_force

(a) As used in this section, "guide" means any person who shall for pay or for other consideration aid, help, or assist any person or persons in locating, pursuing, chasing, hunting, or killing in this state any game bird, game, fur-bearing animal, or fish protected under the laws of the state, or who shall for hire accompany any person or persons on a hunting expedition or trip. (b) Any person who acts as a guide for another person shall be equally responsible with that person for any violation of the game and fish laws of this state unless the guide shall report to the Arkansas State Game and Fish Commission or its representative any violation of the game and fish laws committed by a person being guided by him or her. (c) Any person employing and accompanying a guide shall be equally responsible with the guide for any violation of the game and fish laws of this state committed by the guide when he or she is in the employ of that person. (d) Any person violating any provision of subsections (b) and (c) of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00). (e) If the operator of a boat dock or fishing landing recommends the employment of a guide by a fisherman, such recommendation shall not cause the relationship of employer and employee to arise between the boat dock or fishing landing operator and the guide. Acts 1943, No. 146, § 8; A.S.A. 1947, § 47-201; Acts 1993, No. 403, § 9.

(a) As used in this section, "guide" means any person who shall for pay or for other consideration aid, help, or assist any person or persons in locating, pursuing, chasing, hunting, or killing in this state any game bird, game, fur-bearing animal, or fish protected under the laws of the state, or who shall for hire accompany any person or persons on a hunting expedition or trip.

(b) Any person who acts as a guide for another person shall be equally responsible with that person for any violation of the game and fish laws of this state unless the guide shall report to the Arkansas State Game and Fish Commission or its representative any violation of the game and fish laws committed by a person being guided by him or her.

(c) Any person employing and accompanying a guide shall be equally responsible with the guide for any violation of the game and fish laws of this state committed by the guide when he or she is in the employ of that person.

(d) Any person violating any provision of subsections (b) and (c) of this section shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than twenty-five dollars ($25.00).

(e) If the operator of a boat dock or fishing landing recommends the employment of a guide by a fisherman, such recommendation shall not cause the relationship of employer and employee to arise between the boat dock or fishing landing operator and the guide.

Acts 1943, No. 146, § 8; A.S.A. 1947, § 47-201; Acts 1993, No. 403, § 9.
Ark. Code Ann. § 15-20-1307 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1307
Form of bond - Signatures
Status: in_force

(a) Each bond shall: (1) Be signed with the manual or facsimile signatures of the Governor, the Chair of the Arkansas Natural Resources Commission, and the Treasurer of State; and (2) Have affixed, imprinted, or lithographed on the bond the Great Seal of the State of Arkansas. (b) Interest coupons attached to the bonds, if any, shall be signed with the facsimile signature of the Treasurer of State. (c) Delivery of the bonds and coupons so executed shall be valid notwithstanding any change in persons holding such offices occurring after the bonds have been executed. Acts 2007, No. 631, § 1.

(a) Each bond shall: (1) Be signed with the manual or facsimile signatures of the Governor, the Chair of the Arkansas Natural Resources Commission, and the Treasurer of State; and (2) Have affixed, imprinted, or lithographed on the bond the Great Seal of the State of Arkansas.

(1) Be signed with the manual or facsimile signatures of the Governor, the Chair of the Arkansas Natural Resources Commission, and the Treasurer of State; and

(2) Have affixed, imprinted, or lithographed on the bond the Great Seal of the State of Arkansas.

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

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

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-22-1107 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1107
Collection of fees
Status: in_force

If requested by the Arkansas Natural Resources Commission, the Arkansas Development Finance Authority shall collect the fees from the owners receiving financial assistance from the Safe Drinking Water Fund and deposit the fees into the Drinking Water State Administrative Account within five (5) days after each periodic payment is made. Acts 1997, No. 772, § 7; 2009, No. 457, § 8.

If requested by the Arkansas Natural Resources Commission, the Arkansas Development Finance Authority shall collect the fees from the owners receiving financial assistance from the Safe Drinking Water Fund and deposit the fees into the Drinking Water State Administrative Account within five (5) days after each periodic payment is made.

Acts 1997, No. 772, § 7; 2009, No. 457, § 8.
Ark. Code Ann. § 15-13-306 — AR Code / Title 15 / Chapter 13 / Subchapter 3 / Section 15-13-306
Rebate incentives for modification of motor vehicles
Status: in_force

(a) The Arkansas Alternative Fuels Development Program shall include an incentive program that provides a rebate to a public entity, a company, an organization, or an affiliate of a public entity, a company, or an organization: (1) To assist in the purchase of a conversion kit used to convert a diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and (2) For the differential costs and incremental costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle. (b) Additional funding for the incentive program provided by this section shall be from gifts, grants, private donations, and other funds made available by the General Assembly. (c) The Department of Agriculture shall create a rebate application process for a public entity, a company, an organization, or an affiliate of a public entity, a company, or an organization to obtain a rebate that shall include: (1) An application for a rebate under this subchapter that shall include: (A) An affidavit or proof that the motor vehicle is registered in Arkansas or will be registered in Arkansas upon acquisition of the motor vehicle; and (B) Evidence of the following: (i) The purchase of a dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle and the differential costs; or (ii) The differential costs, incremental costs, or the costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; (2) Instructions about the rebate process; (3) Scoring procedures to determine the award of the rebates; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary. (d) (1) The department shall prepare an annual progress report on rebates made under this section. (2) The report shall include: (A) The amount of each rebate; (B) The purpose of the rebate; (C) The total amount expended by the rebate recipient in converting the diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and (D) The results produced or the progress made in the overall conversion of diesel-powered motor vehicles and gasoline-powered motor vehicles to dedicated compressed natural gas motor vehicles, bi-fuel compressed natural gas motor vehicles, dedicated propane gas motor vehicles, or bi-fuel propane gas motor vehicles. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council. (e) An independent third-party evaluator selected by the department shall: (1) Study the use of a diesel-powered motor vehicle or gas-powered motor vehicle as compared to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle in the following areas: (A) Environmental impact; (B) Operational costs; and (C) Maintenance costs; (2) Prepare an annual report of the results from the study; and (3) File the annual report by June 30 of the following fiscal year with the office of the Governor and the Legislative Council. (f) The rebate to be awarded by the department is the lesser of: (1) Seventy-five percent (75%) of the cost for the differential costs, conversion kit, and incremental costs of converting a diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; or (2) As determined by weight: (A) Five thousand dollars ($5,000) for a motor vehicle with a gross vehicle weight rating that does not exceed eight thousand five hundred pounds (8,500 lbs.); (B) Eight thousand dollars ($8,000) for a motor vehicle with a gross vehicle weight rating that is more than eight thousand five hundred pounds (8,500 lbs.) but does not exceed fourteen thousand pounds (14,000 lbs.); (C) Twenty thousand dollars ($20,000) for a motor vehicle with a gross vehicle weight rating that is more than fourteen thousand pounds (14,000 lbs.) but does not exceed twenty-six thousand pounds (26,000 lbs.); or (D) Thirty-two thousand dollars ($32,000) for a motor vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds (26,000 lbs.). (g) A public entity, a company, an organization, or an affiliate of a public entity, a company, or an organization shall not receive more than fifty thousand dollars ($50,000) per fiscal year for conversion kit costs, differential costs, and incremental costs. Amended by Act 2019, No. 910,§ 56, eff. 7/1/2019. Amended by Act 2015, No. 1149,§ 10, eff. 7/22/2015. Amended by Act 2013, No. 152,§ 5, eff. 2/26/2013. Acts 2011, No. 1165, § 3.

(a) The Arkansas Alternative Fuels Development Program shall include an incentive program that provides a rebate to a public entity, a company, an organization, or an affiliate of a public entity, a company, or an organization: (1) To assist in the purchase of a conversion kit used to convert a diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and (2) For the differential costs and incremental costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle.

(1) To assist in the purchase of a conversion kit used to convert a diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and

(2) For the differential costs and incremental costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle.

(b) Additional funding for the incentive program provided by this section shall be from gifts, grants, private donations, and other funds made available by the General Assembly.

(c) The Department of Agriculture shall create a rebate application process for a public entity, a company, an organization, or an affiliate of a public entity, a company, or an organization to obtain a rebate that shall include: (1) An application for a rebate under this subchapter that shall include: (A) An affidavit or proof that the motor vehicle is registered in Arkansas or will be registered in Arkansas upon acquisition of the motor vehicle; and (B) Evidence of the following: (i) The purchase of a dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle and the differential costs; or (ii) The differential costs, incremental costs, or the costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; (2) Instructions about the rebate process; (3) Scoring procedures to determine the award of the rebates; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary.

(1) An application for a rebate under this subchapter that shall include: (A) An affidavit or proof that the motor vehicle is registered in Arkansas or will be registered in Arkansas upon acquisition of the motor vehicle; and (B) Evidence of the following: (i) The purchase of a dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle and the differential costs; or (ii) The differential costs, incremental costs, or the costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle;

(A) An affidavit or proof that the motor vehicle is registered in Arkansas or will be registered in Arkansas upon acquisition of the motor vehicle; and

(B) Evidence of the following: (i) The purchase of a dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle and the differential costs; or (ii) The differential costs, incremental costs, or the costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle;

(i) The purchase of a dedicated compressed natural gas motor vehicle or a dedicated propane gas motor vehicle and the differential costs; or

(ii) The differential costs, incremental costs, or the costs associated with the conversion of a diesel-powered motor vehicle or gasoline-powered motor vehicle into a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle;

(2) Instructions about the rebate process;

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

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

(d) (1) The department shall prepare an annual progress report on rebates made under this section. (2) The report shall include: (A) The amount of each rebate; (B) The purpose of the rebate; (C) The total amount expended by the rebate recipient in converting the diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and (D) The results produced or the progress made in the overall conversion of diesel-powered motor vehicles and gasoline-powered motor vehicles to dedicated compressed natural gas motor vehicles, bi-fuel compressed natural gas motor vehicles, dedicated propane gas motor vehicles, or bi-fuel propane gas motor vehicles. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

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

(2) The report shall include: (A) The amount of each rebate; (B) The purpose of the rebate; (C) The total amount expended by the rebate recipient in converting the diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and (D) The results produced or the progress made in the overall conversion of diesel-powered motor vehicles and gasoline-powered motor vehicles to dedicated compressed natural gas motor vehicles, bi-fuel compressed natural gas motor vehicles, dedicated propane gas motor vehicles, or bi-fuel propane gas motor vehicles.

(A) The amount of each rebate;

(B) The purpose of the rebate;

(C) The total amount expended by the rebate recipient in converting the diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; and

(D) The results produced or the progress made in the overall conversion of diesel-powered motor vehicles and gasoline-powered motor vehicles to dedicated compressed natural gas motor vehicles, bi-fuel compressed natural gas motor vehicles, dedicated propane gas motor vehicles, or bi-fuel propane gas motor vehicles.

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

(e) An independent third-party evaluator selected by the department shall: (1) Study the use of a diesel-powered motor vehicle or gas-powered motor vehicle as compared to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle in the following areas: (A) Environmental impact; (B) Operational costs; and (C) Maintenance costs; (2) Prepare an annual report of the results from the study; and (3) File the annual report by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

(1) Study the use of a diesel-powered motor vehicle or gas-powered motor vehicle as compared to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle in the following areas: (A) Environmental impact; (B) Operational costs; and (C) Maintenance costs;

(A) Environmental impact;

(B) Operational costs; and

(C) Maintenance costs;

(2) Prepare an annual report of the results from the study; and

(3) File the annual report by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

(f) The rebate to be awarded by the department is the lesser of: (1) Seventy-five percent (75%) of the cost for the differential costs, conversion kit, and incremental costs of converting a diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; or (2) As determined by weight: (A) Five thousand dollars ($5,000) for a motor vehicle with a gross vehicle weight rating that does not exceed eight thousand five hundred pounds (8,500 lbs.); (B) Eight thousand dollars ($8,000) for a motor vehicle with a gross vehicle weight rating that is more than eight thousand five hundred pounds (8,500 lbs.) but does not exceed fourteen thousand pounds (14,000 lbs.); (C) Twenty thousand dollars ($20,000) for a motor vehicle with a gross vehicle weight rating that is more than fourteen thousand pounds (14,000 lbs.) but does not exceed twenty-six thousand pounds (26,000 lbs.); or (D) Thirty-two thousand dollars ($32,000) for a motor vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds (26,000 lbs.).

(1) Seventy-five percent (75%) of the cost for the differential costs, conversion kit, and incremental costs of converting a diesel-powered motor vehicle or gasoline-powered motor vehicle to a dedicated compressed natural gas motor vehicle, bi-fuel compressed natural gas motor vehicle, dedicated propane gas motor vehicle, or bi-fuel propane gas motor vehicle; or

(2) As determined by weight: (A) Five thousand dollars ($5,000) for a motor vehicle with a gross vehicle weight rating that does not exceed eight thousand five hundred pounds (8,500 lbs.); (B) Eight thousand dollars ($8,000) for a motor vehicle with a gross vehicle weight rating that is more than eight thousand five hundred pounds (8,500 lbs.) but does not exceed fourteen thousand pounds (14,000 lbs.); (C) Twenty thousand dollars ($20,000) for a motor vehicle with a gross vehicle weight rating that is more than fourteen thousand pounds (14,000 lbs.) but does not exceed twenty-six thousand pounds (26,000 lbs.); or (D) Thirty-two thousand dollars ($32,000) for a motor vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds (26,000 lbs.).

(A) Five thousand dollars ($5,000) for a motor vehicle with a gross vehicle weight rating that does not exceed eight thousand five hundred pounds (8,500 lbs.);

(B) Eight thousand dollars ($8,000) for a motor vehicle with a gross vehicle weight rating that is more than eight thousand five hundred pounds (8,500 lbs.) but does not exceed fourteen thousand pounds (14,000 lbs.);

(C) Twenty thousand dollars ($20,000) for a motor vehicle with a gross vehicle weight rating that is more than fourteen thousand pounds (14,000 lbs.) but does not exceed twenty-six thousand pounds (26,000 lbs.); or

(D) Thirty-two thousand dollars ($32,000) for a motor vehicle with a gross vehicle weight rating of more than twenty-six thousand pounds (26,000 lbs.).

(g) A public entity, a company, an organization, or an affiliate of a public entity, a company, or an organization shall not receive more than fifty thousand dollars ($50,000) per fiscal year for conversion kit costs, differential costs, and incremental costs.

Amended by Act 2019, No. 910,§ 56, eff. 7/1/2019.

Amended by Act 2015, No. 1149,§ 10, eff. 7/22/2015.

Amended by Act 2013, No. 152,§ 5, eff. 2/26/2013.

Acts 2011, No. 1165, § 3.
Ark. Code Ann. § 15-20-203 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-203
Offices - Seal
Status: in_force

(a) The officer or commission having custody of the public buildings shall assign to the Arkansas Natural Resources Commission suitable office space in the State Capitol Building or other office building located on the State Capitol grounds, with the necessary conveniences for the transaction of its business and the safekeeping of its records. (b) The Governor shall procure an official seal for the use of the commission. Acts 1963, No. 14, § 6; A.S.A. 1947, § 9-123.

(a) The officer or commission having custody of the public buildings shall assign to the Arkansas Natural Resources Commission suitable office space in the State Capitol Building or other office building located on the State Capitol grounds, with the necessary conveniences for the transaction of its business and the safekeeping of its records.

(b) The Governor shall procure an official seal for the use of the commission.

Acts 1963, No. 14, § 6; A.S.A. 1947, § 9-123.
Ark. Code Ann. § 15-58-103 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-103
Declaration of policy
Status: in_force

The General Assembly of the State of Arkansas declares that it is the purpose of this subchapter to: (1) Assure that the coal supply essential to society's energy requirements and to its economic and social well-being is provided; (2) Establish a statewide program for surface coal mining and reclamation which is designed to protect society and the environment from the adverse effects of surface coal mining; (3) Assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from unregulated surface mining operations; (4) Assure that the surface mining operations are not conducted where reclamation as required by this subchapter is not feasible; (5) Assure that surface coal mining operations are so conducted as to protect the environment; (6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations; (7) Assure that appropriate procedures are provided for public participation in the development, revision, and enforcement of rules, standards, reclamation plans, or programs established pursuant to this subchapter; (8) Strike a balance between protection of the environment and agricultural productivity and the state's and the nation's need for coal as an essential source of energy; (9) Assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by developing and implementing a state program pursuant to the Surface Mining Control and Reclamation Act of 1977, Public Law No. 95-87 which meets all the requirements of section 503 of the Surface Mining Control and Reclamation Act of 1977, Public Law No. 95-87 and which thereby will enable the state to assume such exclusive jurisdiction; (10) Promote reclamation of mined areas in this state, which were left without adequate reclamation prior to August 3, 1977, and which continue in their unreclaimed condition to substantially degrade the quality of the environment, prevent or damage the beneficial use of the land or water resources, or endanger the health or safety of the public by developing and implementing a state abandoned mine reclamation program pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 which complies with the requirements for a state abandoned mine reclamation program set forth therein and which shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and of the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and by issuing rules which will supply the legal authority and programmatic capability to perform such work in conformance with the provisions of Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and (11) Wherever necessary, exercise the full reach of state powers to ensure the protection of the public interest through effective control of surface coal mining and reclamation operations. Amended by Act 2019, No. 315,§ 1173, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1172, eff. 7/24/2019. Acts 1979, No. 134, § 3; A.S.A. 1947, § 52-937.

The General Assembly of the State of Arkansas declares that it is the purpose of this subchapter to:

(1) Assure that the coal supply essential to society's energy requirements and to its economic and social well-being is provided;

(2) Establish a statewide program for surface coal mining and reclamation which is designed to protect society and the environment from the adverse effects of surface coal mining;

(3) Assure that the rights of surface landowners and other persons with a legal interest in the land or appurtenances to the land are protected from unregulated surface mining operations;

(4) Assure that the surface mining operations are not conducted where reclamation as required by this subchapter is not feasible;

(5) Assure that surface coal mining operations are so conducted as to protect the environment;

(6) Assure that adequate procedures are undertaken to reclaim surface areas as contemporaneously as possible with the surface coal mining operations;

(7) Assure that appropriate procedures are provided for public participation in the development, revision, and enforcement of rules, standards, reclamation plans, or programs established pursuant to this subchapter;

(8) Strike a balance between protection of the environment and agricultural productivity and the state's and the nation's need for coal as an essential source of energy;

(9) Assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations within the state by developing and implementing a state program pursuant to the Surface Mining Control and Reclamation Act of 1977, Public Law No. 95-87 which meets all the requirements of section 503 of the Surface Mining Control and Reclamation Act of 1977, Public Law No. 95-87 and which thereby will enable the state to assume such exclusive jurisdiction;

(10) Promote reclamation of mined areas in this state, which were left without adequate reclamation prior to August 3, 1977, and which continue in their unreclaimed condition to substantially degrade the quality of the environment, prevent or damage the beneficial use of the land or water resources, or endanger the health or safety of the public by developing and implementing a state abandoned mine reclamation program pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 which complies with the requirements for a state abandoned mine reclamation program set forth therein and which shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and of the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and by issuing rules which will supply the legal authority and programmatic capability to perform such work in conformance with the provisions of Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; and

(11) Wherever necessary, exercise the full reach of state powers to ensure the protection of the public interest through effective control of surface coal mining and reclamation operations.

Amended by Act 2019, No. 315,§ 1173, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1172, eff. 7/24/2019.

Acts 1979, No. 134, § 3; A.S.A. 1947, § 52-937.
Ark. Code Ann. § 15-14-102 — AR Code / Title 15 / Chapter 14 / Section 15-14-102
Definitions
Status: in_force

As used in this chapter: (1) "Association" means the Arkansas Association of Development Organizations; and (2) "Program" means the Arkansas Retirement Community Program. Acts 2007, No. 808, § 1; 2011, No. 1048, § 1.

As used in this chapter:

(1) "Association" means the Arkansas Association of Development Organizations; and

(2) "Program" means the Arkansas Retirement Community Program.

Acts 2007, No. 808, § 1; 2011, No. 1048, § 1.
Ark. Code Ann. § 15-55-213 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-213
Access to information
Status: in_force

The Office of the State Geologist and the Division of Information Systems shall grant access to and provide information determined by the Commissioner of State Lands to be necessary to successfully accomplish the Commissioner of State Lands' mission. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 6076, eff. 7/1/2019. Acts 2001, No. 1417, § 8.

The Office of the State Geologist and the Division of Information Systems shall grant access to and provide information determined by the Commissioner of State Lands to be necessary to successfully accomplish the Commissioner of State Lands' mission.

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

Amended by Act 2019, No. 910,§ 6076, eff. 7/1/2019.

Acts 2001, No. 1417, § 8.
Ark. Code Ann. § 15-4-2804 — AR Code / Title 15 / Chapter 4 / Subchapter 28 / Section 15-4-2804
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1149,§ 2, eff. 7/22/2015. Acts 2003, No. 1287, § 1.

Repealed by Act 2015, No. 1149,§ 2, eff. 7/22/2015.

Acts 2003, No. 1287, § 1.
Ark. Code Ann. § 15-24-107 — AR Code / Title 15 / Chapter 24 / Section 15-24-107
Eminent domain
Status: in_force

(a) The Arkansas Natural Resources Commission, when necessary for the purpose of this chapter, shall have a dominant right of eminent domain over the right of eminent domain of railroads, telegraph, telephone, gas, water power, and other companies and corporations and over counties, townships, cities, and villages. (b) In the exercise of this right, due care shall be taken to cause no unnecessary damage to other public utilities. (c) (1) The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this chapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas Department of Transportation. (2) No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee district or drainage district now existing or hereafter organized. (3) Nor shall the powers of eminent domain vested in any levee district or drainage district be limited in any manner by this chapter unless by the voluntary consent of the levee district or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter. Amended by Act 2017, No. 707,§ 36, eff. 8/1/2017. Acts 1937, No. 212, § 15; Pope's Dig., § 12190; A.S.A. 1947, § 9-807.

(a) The Arkansas Natural Resources Commission, when necessary for the purpose of this chapter, shall have a dominant right of eminent domain over the right of eminent domain of railroads, telegraph, telephone, gas, water power, and other companies and corporations and over counties, townships, cities, and villages.

(b) In the exercise of this right, due care shall be taken to cause no unnecessary damage to other public utilities.

(c) (1) The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this chapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas Department of Transportation. (2) No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee district or drainage district now existing or hereafter organized. (3) Nor shall the powers of eminent domain vested in any levee district or drainage district be limited in any manner by this chapter unless by the voluntary consent of the levee district or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter.

(1) The commission shall also have the right to condemn for the use of any project any land or property necessary for the purpose of this chapter and appropriate the land or property in the same manner as lands, rights-of-way, and easements are acquired by the Arkansas Department of Transportation.

(2) No power of eminent domain nor appropriation shall exist in the commission over any lands or property within the boundaries of any levee district or drainage district now existing or hereafter organized.

(3) Nor shall the powers of eminent domain vested in any levee district or drainage district be limited in any manner by this chapter unless by the voluntary consent of the levee district or drainage district through its governing board by contract, to be approved and recorded in the manner provided in this chapter.

Amended by Act 2017, No. 707,§ 36, eff. 8/1/2017.

Acts 1937, No. 212, § 15; Pope's Dig., § 12190; A.S.A. 1947, § 9-807.
Ark. Code Ann. § 15-11-801 — AR Code / Title 15 / Chapter 11 / Subchapter 8 / Section 15-11-801
Legislative intent
Status: in_force

(a) The General Assembly finds that: (1) The State of Arkansas has a range of geographic and cultural diversity, stretching from the Ozark Mountains, to the Ouachita Mountains, to the Arkansas River Valley, to the Delta, and to the Timberlands; (2) The economics of each of these geographic regions, encompassed in the four (4) congressional districts, provide different opportunities for their respective residents; (3) A community, city, or nonprofit organization that has the organization in place, has the motivation, and has acquired a base of financial resources to move itself ahead in the search for visitors and potential investors should be provided additional finances and resources to set its community or city apart as an "Arkansas Great Place"; and (4) Visitors and potential investors in the State of Arkansas should be given the chance to acquaint themselves with the communities and cities that are the "Arkansas Great Places" of each congressional area. (b) The purpose of this subchapter is to create a system and resources for geographic and culturally diverse communities and cities to be recognized as Arkansas Great Places. Acts 2011, No. 896, § 1.

(a) The General Assembly finds that: (1) The State of Arkansas has a range of geographic and cultural diversity, stretching from the Ozark Mountains, to the Ouachita Mountains, to the Arkansas River Valley, to the Delta, and to the Timberlands; (2) The economics of each of these geographic regions, encompassed in the four (4) congressional districts, provide different opportunities for their respective residents; (3) A community, city, or nonprofit organization that has the organization in place, has the motivation, and has acquired a base of financial resources to move itself ahead in the search for visitors and potential investors should be provided additional finances and resources to set its community or city apart as an "Arkansas Great Place"; and (4) Visitors and potential investors in the State of Arkansas should be given the chance to acquaint themselves with the communities and cities that are the "Arkansas Great Places" of each congressional area.

(1) The State of Arkansas has a range of geographic and cultural diversity, stretching from the Ozark Mountains, to the Ouachita Mountains, to the Arkansas River Valley, to the Delta, and to the Timberlands;

(2) The economics of each of these geographic regions, encompassed in the four (4) congressional districts, provide different opportunities for their respective residents;

(3) A community, city, or nonprofit organization that has the organization in place, has the motivation, and has acquired a base of financial resources to move itself ahead in the search for visitors and potential investors should be provided additional finances and resources to set its community or city apart as an "Arkansas Great Place"; and

(4) Visitors and potential investors in the State of Arkansas should be given the chance to acquaint themselves with the communities and cities that are the "Arkansas Great Places" of each congressional area.

(b) The purpose of this subchapter is to create a system and resources for geographic and culturally diverse communities and cities to be recognized as Arkansas Great Places.

Acts 2011, No. 896, § 1.
Ark. Code Ann. § 15-72-503 — AR Code / Title 15 / Chapter 72 / Subchapter 5 / Section 15-72-503
Submission of findings to landowners
Status: in_force

The findings of the Oil and Gas Commission are to be printed and submitted to the landowners, royalty owners, producers, and all parties in interest, in any oil or gas-condensate field or pool, or part thereof, where the employment of secondary recovery methods is found to be advisable. Acts 1943, No. 302, § 3; A.S.A. 1947, § 53-129.

The findings of the Oil and Gas Commission are to be printed and submitted to the landowners, royalty owners, producers, and all parties in interest, in any oil or gas-condensate field or pool, or part thereof, where the employment of secondary recovery methods is found to be advisable.

Acts 1943, No. 302, § 3; A.S.A. 1947, § 53-129.
Ark. Code Ann. § 15-5-408 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-408
Evidence to support guaranty - Premium payment
Status: in_force

(a) Each borrower requesting a guaranty under this subchapter shall submit to the Arkansas Development Finance Authority supporting documents, instruments, contractor's costs or estimated cost of improvements, land costs, and other evidence showing conformity with the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , or other law pursuant to which qualified bonds are to be or have been issued. (b) (1) Each borrower receiving a guaranty under this subchapter shall pay a premium payment or payments to the Bond Guaranty Reserve Account as provided in this section. (2) The amount and terms of the premium payment shall be determined by the authority taking into consideration the relative degree of risk involved in guaranteeing the project and other appropriate considerations. Acts 1985, No. 340, § 7; 1985, No. 505, § 7; A.S.A. 1947, § 13-2930; Acts 1987, No. 1042, § 4; 1989, No. 838, § 1; 1999, No. 429, § 5.

(a) Each borrower requesting a guaranty under this subchapter shall submit to the Arkansas Development Finance Authority supporting documents, instruments, contractor's costs or estimated cost of improvements, land costs, and other evidence showing conformity with the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , or other law pursuant to which qualified bonds are to be or have been issued.

(b) (1) Each borrower receiving a guaranty under this subchapter shall pay a premium payment or payments to the Bond Guaranty Reserve Account as provided in this section. (2) The amount and terms of the premium payment shall be determined by the authority taking into consideration the relative degree of risk involved in guaranteeing the project and other appropriate considerations.

(1) Each borrower receiving a guaranty under this subchapter shall pay a premium payment or payments to the Bond Guaranty Reserve Account as provided in this section.

(2) The amount and terms of the premium payment shall be determined by the authority taking into consideration the relative degree of risk involved in guaranteeing the project and other appropriate considerations.

Acts 1985, No. 340, § 7; 1985, No. 505, § 7; A.S.A. 1947, § 13-2930; Acts 1987, No. 1042, § 4; 1989, No. 838, § 1; 1999, No. 429, § 5.
Ark. Code Ann. § 15-4-311 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-311
Annual minority and women-owned purchasing plan
Status: in_force

(a) Prior to June 30 each year, each state agency shall submit to the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Office of State Procurement a minority and women-owned purchasing plan that shall outline the state agency's plan to reach its goals for the coming fiscal year. (b) The minority and women-owned purchasing plan shall include without limitation: (1) The name of the state agency; (2) A policy statement signed by the state agency head expressing a commitment to use minority business enterprises and women-owned business enterprises in all aspects of contracting to the maximum extent feasible; (3) The name of the minority and women-owned business officer in the state agency who is responsible for developing and administering the purchasing plan; (4) The timetable for the state agency to reach its goals under the purchasing plan and the manner in which the state agency intends to reach its goals, including without limitation the manner in which the state agency intends to include minority business enterprises and women-owned business enterprises in reaching its goals; and (5) Any other procedures the state agency deems necessary to comply with the goals and the purchasing plan. (c) The minority and women-owned business officer shall determine the category to which a purchase shall be assigned for purposes of the minority and women-owned purchasing plan required under this section. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1991, No. 698, § 1; 2007, No. 692, § 1; 2009, No. 1222, § 7.

(a) Prior to June 30 each year, each state agency shall submit to the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Office of State Procurement a minority and women-owned purchasing plan that shall outline the state agency's plan to reach its goals for the coming fiscal year.

(b) The minority and women-owned purchasing plan shall include without limitation: (1) The name of the state agency; (2) A policy statement signed by the state agency head expressing a commitment to use minority business enterprises and women-owned business enterprises in all aspects of contracting to the maximum extent feasible; (3) The name of the minority and women-owned business officer in the state agency who is responsible for developing and administering the purchasing plan; (4) The timetable for the state agency to reach its goals under the purchasing plan and the manner in which the state agency intends to reach its goals, including without limitation the manner in which the state agency intends to include minority business enterprises and women-owned business enterprises in reaching its goals; and (5) Any other procedures the state agency deems necessary to comply with the goals and the purchasing plan.

(1) The name of the state agency;

(2) A policy statement signed by the state agency head expressing a commitment to use minority business enterprises and women-owned business enterprises in all aspects of contracting to the maximum extent feasible;

(3) The name of the minority and women-owned business officer in the state agency who is responsible for developing and administering the purchasing plan;

(4) The timetable for the state agency to reach its goals under the purchasing plan and the manner in which the state agency intends to reach its goals, including without limitation the manner in which the state agency intends to include minority business enterprises and women-owned business enterprises in reaching its goals; and

(5) Any other procedures the state agency deems necessary to comply with the goals and the purchasing plan.

(c) The minority and women-owned business officer shall determine the category to which a purchase shall be assigned for purposes of the minority and women-owned purchasing plan required under this section.

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

Acts 1991, No. 698, § 1; 2007, No. 692, § 1; 2009, No. 1222, § 7.
Ark. Code Ann. § 15-4-3402 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3402
Legislative intent
Status: in_force

The General Assembly finds that: (1) The support of regional economic development efforts is vital to the economic health and vitality of the state; (2) In order to increase the income of Arkansans at a growth pace greater than the national average and to compete more effectively in the global marketplace for new business and jobs, the state must invest in innovative economic development strategies; (3) The economy of the state varies significantly, and effective policies and programs must be customized to take advantage of resources and strengths within a particular region; (4) New economic development strategies will meet the special needs and take advantage of the extraordinary assets of particular regions of the state instead of relying on a single approach; (5) When economically feasible, the state should assist regional public and private efforts to promote economic development by providing state funds to share the cost of eligible marketing and promotional expenses associated with implementing a regional strategic plan; and (6) The Governor's Strategic Plan for Economic Development is focused on increasing the capacity of a region of Arkansas to participate in economic development. Amended by Act 2013, No. 1112,§ 1, eff. 8/16/2013. Acts 2011, No. 895, § 1.

The General Assembly finds that:

(1) The support of regional economic development efforts is vital to the economic health and vitality of the state;

(2) In order to increase the income of Arkansans at a growth pace greater than the national average and to compete more effectively in the global marketplace for new business and jobs, the state must invest in innovative economic development strategies;

(3) The economy of the state varies significantly, and effective policies and programs must be customized to take advantage of resources and strengths within a particular region;

(4) New economic development strategies will meet the special needs and take advantage of the extraordinary assets of particular regions of the state instead of relying on a single approach;

(5) When economically feasible, the state should assist regional public and private efforts to promote economic development by providing state funds to share the cost of eligible marketing and promotional expenses associated with implementing a regional strategic plan; and

(6) The Governor's Strategic Plan for Economic Development is focused on increasing the capacity of a region of Arkansas to participate in economic development.

Amended by Act 2013, No. 1112,§ 1, eff. 8/16/2013.

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-22-1210 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1210
Oath of office - Vacancy
Status: in_force

(a) Each member of the Sparta Aquifer critical groundwater county conservation board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the board. (b) All oaths of members of the board shall be executed in writing and shall be filed in the office of the circuit clerk for the county. (c) Any member failing to take the oath within thirty (30) days after his or her appointment or election shall be deemed to have declined the office, and his or her place shall be filled as other vacancies. (d) (1) Any vacancy on the board shall be filled by appointment of the board for a term to last until December 31 following the next general election, at which time the vacancy shall be filled by election from the appropriate district for the unexpired term of the position that became vacant. (2) Should there not be time for a candidate to qualify for the next general election, the appointment shall be until December 31 of the next-following general election. Acts 1999, No. 1050, § 10.

(a) Each member of the Sparta Aquifer critical groundwater county conservation board shall take the oath of office required by Arkansas Constitution, Article 19, § 20, and shall also swear that he or she will not directly or indirectly be interested in any contract made by the board.

(b) All oaths of members of the board shall be executed in writing and shall be filed in the office of the circuit clerk for the county.

(c) Any member failing to take the oath within thirty (30) days after his or her appointment or election shall be deemed to have declined the office, and his or her place shall be filled as other vacancies.

(d) (1) Any vacancy on the board shall be filled by appointment of the board for a term to last until December 31 following the next general election, at which time the vacancy shall be filled by election from the appropriate district for the unexpired term of the position that became vacant. (2) Should there not be time for a candidate to qualify for the next general election, the appointment shall be until December 31 of the next-following general election.

(1) Any vacancy on the board shall be filled by appointment of the board for a term to last until December 31 following the next general election, at which time the vacancy shall be filled by election from the appropriate district for the unexpired term of the position that became vacant.

(2) Should there not be time for a candidate to qualify for the next general election, the appointment shall be until December 31 of the next-following general election.

Acts 1999, No. 1050, § 10.
Ark. Code Ann. § 15-4-3909 — AR Code / Title 15 / Chapter 4 / Subchapter 39 / Section 15-4-3909
Grant agreement
Status: in_force

An eligible applicant that receives approval from the Director of the Arkansas Economic Development Commission provided under the Military Affairs Grant Program shall execute a grant agreement with the Arkansas Economic Development Commission that includes without limitation the: (1) Eligibility date for incurring costs for the project or program; (2) Projected completion date of the portion of the project or program funded by the grant provided under the Military Affairs Grant Program; (3) Amount of approved costs; and (4) The process by which grant funds shall be disbursed to the eligible applicant. Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.

An eligible applicant that receives approval from the Director of the Arkansas Economic Development Commission provided under the Military Affairs Grant Program shall execute a grant agreement with the Arkansas Economic Development Commission that includes without limitation the:

(1) Eligibility date for incurring costs for the project or program;

(2) Projected completion date of the portion of the project or program funded by the grant provided under the Military Affairs Grant Program;

(3) Amount of approved costs; and

(4) The process by which grant funds shall be disbursed to the eligible applicant.

Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.
Ark. Code Ann. § 15-4-219 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-219
Annual report
Status: in_force

The Arkansas Economic Development Commission shall present a report annually on the commission's work during the previous calendar year in these areas of concern: (1) An accounting of: (A) Each project that was offered incentives in the previous calendar year, including without limitation: (i) The number of jobs proposed by each project; (ii) For each job creation project that receives funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 , an indication of whether each project contains a repayment requirement; (iii) (a) Each project that received funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 . (b) The information reported in subdivision (1)(A)(iii) (a) of this section and any other related information shall be made available to the Office of Economic and Tax Policy upon request; (iv) The location of each project; and (v) The specific incentives offered by the commission; (B) Each project that was offered incentives but that did not accept incentives, including without limitation: (i) An assessment of the reasons why each offered project failed to open; and (ii) Any proposals the General Assembly should consider that would have assisted the commission in its negotiations regarding each project; (C) Each factory and plant that closed in the previous calendar year, including without limitation: (i) The number of jobs lost as the result of the closure of each factory or plant; (ii) The location of each factory or plant that closed; and (iii) An assessment of the reasons for each factory or plant closing; and (D) The commission's strategies and recommendations for the coming year, including: (i) An assessment of the relative risk of loss of factories, plants, and jobs in the state; and (ii) Plans for: (a) Preventing future closings of factories and plants; (b) Preventing future losses of jobs; (c) Increasing the number of economic development proposals within the state; (d) Drawing an increasing number of economic development proposals into the state; and (e) Creating new incentives for economic development proposals; and (2) The Director of the Arkansas Economic Development Commission's assessment of the commission's performance, including without limitation a comparison to: (A) The commission's performance over the past two (2) years; (B) The commission's own projections; and (C) Economic development in neighboring states. Amended by Act 2019, No. 202,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 360, eff. 7/1/2019. Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 2001, No. 1282, § 2; 2005, No. 1962, § 56.

The Arkansas Economic Development Commission shall present a report annually on the commission's work during the previous calendar year in these areas of concern:

(1) An accounting of: (A) Each project that was offered incentives in the previous calendar year, including without limitation: (i) The number of jobs proposed by each project; (ii) For each job creation project that receives funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 , an indication of whether each project contains a repayment requirement; (iii) (a) Each project that received funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 . (b) The information reported in subdivision (1)(A)(iii) (a) of this section and any other related information shall be made available to the Office of Economic and Tax Policy upon request; (iv) The location of each project; and (v) The specific incentives offered by the commission; (B) Each project that was offered incentives but that did not accept incentives, including without limitation: (i) An assessment of the reasons why each offered project failed to open; and (ii) Any proposals the General Assembly should consider that would have assisted the commission in its negotiations regarding each project; (C) Each factory and plant that closed in the previous calendar year, including without limitation: (i) The number of jobs lost as the result of the closure of each factory or plant; (ii) The location of each factory or plant that closed; and (iii) An assessment of the reasons for each factory or plant closing; and (D) The commission's strategies and recommendations for the coming year, including: (i) An assessment of the relative risk of loss of factories, plants, and jobs in the state; and (ii) Plans for: (a) Preventing future closings of factories and plants; (b) Preventing future losses of jobs; (c) Increasing the number of economic development proposals within the state; (d) Drawing an increasing number of economic development proposals into the state; and (e) Creating new incentives for economic development proposals; and

(A) Each project that was offered incentives in the previous calendar year, including without limitation: (i) The number of jobs proposed by each project; (ii) For each job creation project that receives funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 , an indication of whether each project contains a repayment requirement; (iii) (a) Each project that received funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 . (b) The information reported in subdivision (1)(A)(iii) (a) of this section and any other related information shall be made available to the Office of Economic and Tax Policy upon request; (iv) The location of each project; and (v) The specific incentives offered by the commission;

(i) The number of jobs proposed by each project;

(ii) For each job creation project that receives funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 , an indication of whether each project contains a repayment requirement;

(iii) (a) Each project that received funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 . (b) The information reported in subdivision (1)(A)(iii) (a) of this section and any other related information shall be made available to the Office of Economic and Tax Policy upon request;

(a) Each project that received funds from the Economic Development Incentive Quick Action Closing Fund under § 19-5-1231 .

(b) The information reported in subdivision (1)(A)(iii) (a) of this section and any other related information shall be made available to the Office of Economic and Tax Policy upon request;

(iv) The location of each project; and

(v) The specific incentives offered by the commission;

(B) Each project that was offered incentives but that did not accept incentives, including without limitation: (i) An assessment of the reasons why each offered project failed to open; and (ii) Any proposals the General Assembly should consider that would have assisted the commission in its negotiations regarding each project;

(i) An assessment of the reasons why each offered project failed to open; and

(ii) Any proposals the General Assembly should consider that would have assisted the commission in its negotiations regarding each project;

(C) Each factory and plant that closed in the previous calendar year, including without limitation: (i) The number of jobs lost as the result of the closure of each factory or plant; (ii) The location of each factory or plant that closed; and (iii) An assessment of the reasons for each factory or plant closing; and

(i) The number of jobs lost as the result of the closure of each factory or plant;

(ii) The location of each factory or plant that closed; and

(iii) An assessment of the reasons for each factory or plant closing; and

(D) The commission's strategies and recommendations for the coming year, including: (i) An assessment of the relative risk of loss of factories, plants, and jobs in the state; and (ii) Plans for: (a) Preventing future closings of factories and plants; (b) Preventing future losses of jobs; (c) Increasing the number of economic development proposals within the state; (d) Drawing an increasing number of economic development proposals into the state; and (e) Creating new incentives for economic development proposals; and

(i) An assessment of the relative risk of loss of factories, plants, and jobs in the state; and

(ii) Plans for: (a) Preventing future closings of factories and plants; (b) Preventing future losses of jobs; (c) Increasing the number of economic development proposals within the state; (d) Drawing an increasing number of economic development proposals into the state; and (e) Creating new incentives for economic development proposals; and

(a) Preventing future closings of factories and plants;

(b) Preventing future losses of jobs;

(c) Increasing the number of economic development proposals within the state;

(d) Drawing an increasing number of economic development proposals into the state; and

(e) Creating new incentives for economic development proposals; and

(2) The Director of the Arkansas Economic Development Commission's assessment of the commission's performance, including without limitation a comparison to: (A) The commission's performance over the past two (2) years; (B) The commission's own projections; and (C) Economic development in neighboring states.

(A) The commission's performance over the past two (2) years;

(B) The commission's own projections; and

(C) Economic development in neighboring states.

Amended by Act 2019, No. 202,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 360, eff. 7/1/2019.

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

Acts 2001, No. 1282, § 2; 2005, No. 1962, § 56.
Ark. Code Ann. § 15-4-3107 — AR Code / Title 15 / Chapter 4 / Subchapter 31 / Section 15-4-3107
[Repealed]
Status: repealed

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

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

Acts 2005, No. 1277, § 1.
Ark. Code Ann. § 15-55-404 — AR Code / Title 15 / Chapter 55 / Subchapter 4 / Section 15-55-404
Participation in other grant programs
Status: in_force

The Arkansas Lignite Resources Pilot Program may participate in federal, state, or industry grant opportunities that are available for the program. Acts 2007, No. 641, § 1.

The Arkansas Lignite Resources Pilot Program may participate in federal, state, or industry grant opportunities that are available for the program.

Acts 2007, No. 641, § 1.
Ark. Code Ann. § 15-20-202 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-202
Members
Status: in_force

(a) The Arkansas Natural Resources Commission shall consist of nine (9) members who are residents and electors of this state, to be appointed by the Governor and with the advice and consent of the Senate. (b) Each congressional district shall be represented by membership on the commission. (c) For each member appointed to a regular term, the term of office shall commence on January 15 following the expiration date of the prior term and shall end on January 14 of the fifth year following the year in which the regular term commenced. (d) Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which such members were appointed shall be filled by appointment by the Governor and to be thereafter effective until the expiration of those terms, subject, however, to the confirmation of the Senate. (e) Before entering upon his or her duties, each member of the commission shall take and 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. (f) Members of the commission shall receive no pay for their services but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. and § 15-20-207 . (g) (1) A minimum of two (2) members of the commission shall be water well contractors licensed under § 17-50-201 et seq. (2) (A) One (1) of the water well contractors shall have his or her principal place of business southeast of the fall line in Arkansas, and be actively engaged in the construction of wells and pump installation in the Mississippi Embayment or Gulf Coastal Plain as represented on the geologic map of Arkansas. (B) One (1) of the water well contractors shall have his or her principal place of business northwest of the fall line in Arkansas and be actively engaged in the construction of water wells and pump installation in the Ozark region, Arkansas River Valley, or Ouachita Mountain region as represented on the geologic map of Arkansas. Amended by Act 2023, No. 691,§ 65, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 64, eff. 7/1/2023. Amended by Act 2023, No. 794,§ 21, eff. 4/12/2023. Acts 1963, No. 14, §§ 2-5; 1983, No. 184, § 1; 1985, No. 1051, § 3; A.S.A. 1947, §§ 6-616, 9-119 -- 9-122; Acts 1997, No. 250, § 104.

(a) The Arkansas Natural Resources Commission shall consist of nine (9) members who are residents and electors of this state, to be appointed by the Governor and with the advice and consent of the Senate.

(b) Each congressional district shall be represented by membership on the commission.

(c) For each member appointed to a regular term, the term of office shall commence on January 15 following the expiration date of the prior term and shall end on January 14 of the fifth year following the year in which the regular term commenced.

(d) Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which such members were appointed shall be filled by appointment by the Governor and to be thereafter effective until the expiration of those terms, subject, however, to the confirmation of the Senate.

(e) Before entering upon his or her duties, each member of the commission shall take and 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.

(f) Members of the commission shall receive no pay for their services but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. and § 15-20-207 .

(g) (1) A minimum of two (2) members of the commission shall be water well contractors licensed under § 17-50-201 et seq. (2) (A) One (1) of the water well contractors shall have his or her principal place of business southeast of the fall line in Arkansas, and be actively engaged in the construction of wells and pump installation in the Mississippi Embayment or Gulf Coastal Plain as represented on the geologic map of Arkansas. (B) One (1) of the water well contractors shall have his or her principal place of business northwest of the fall line in Arkansas and be actively engaged in the construction of water wells and pump installation in the Ozark region, Arkansas River Valley, or Ouachita Mountain region as represented on the geologic map of Arkansas.

(1) A minimum of two (2) members of the commission shall be water well contractors licensed under § 17-50-201 et seq.

(2) (A) One (1) of the water well contractors shall have his or her principal place of business southeast of the fall line in Arkansas, and be actively engaged in the construction of wells and pump installation in the Mississippi Embayment or Gulf Coastal Plain as represented on the geologic map of Arkansas. (B) One (1) of the water well contractors shall have his or her principal place of business northwest of the fall line in Arkansas and be actively engaged in the construction of water wells and pump installation in the Ozark region, Arkansas River Valley, or Ouachita Mountain region as represented on the geologic map of Arkansas.

(A) One (1) of the water well contractors shall have his or her principal place of business southeast of the fall line in Arkansas, and be actively engaged in the construction of wells and pump installation in the Mississippi Embayment or Gulf Coastal Plain as represented on the geologic map of Arkansas.

(B) One (1) of the water well contractors shall have his or her principal place of business northwest of the fall line in Arkansas and be actively engaged in the construction of water wells and pump installation in the Ozark region, Arkansas River Valley, or Ouachita Mountain region as represented on the geologic map of Arkansas.

Amended by Act 2023, No. 691,§ 65, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 64, eff. 7/1/2023.

Amended by Act 2023, No. 794,§ 21, eff. 4/12/2023.

Acts 1963, No. 14, §§ 2-5; 1983, No. 184, § 1; 1985, No. 1051, § 3; A.S.A. 1947, §§ 6-616, 9-119 -- 9-122; Acts 1997, No. 250, § 104.
Ark. Code Ann. § 15-4-411 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-411
Security
Status: in_force

(a) The principal of, interest on, and trustees' and paying agents' fees in connection with the revenue bonds issued by the Arkansas Economic Development Council under the provisions of this subchapter shall be secured by a lien and pledge of the loans made or the investment loans purchased from the proceeds and collateral security received by the council from small business investment companies. (b) It shall not be necessary to the provisions of the lien and pledge that the trustees or holders of the revenue bonds take possession of the loan mortgages for collateral security. Acts 1985, No. 869, § 6; A.S.A. 1947, § 9-574.

(a) The principal of, interest on, and trustees' and paying agents' fees in connection with the revenue bonds issued by the Arkansas Economic Development Council under the provisions of this subchapter shall be secured by a lien and pledge of the loans made or the investment loans purchased from the proceeds and collateral security received by the council from small business investment companies.

(b) It shall not be necessary to the provisions of the lien and pledge that the trustees or holders of the revenue bonds take possession of the loan mortgages for collateral security.

Acts 1985, No. 869, § 6; A.S.A. 1947, § 9-574.
Ark. Code Ann. § 15-4-408 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-408
Prerequisites to issuance
Status: in_force

Before the Arkansas Economic Development Council shall issue its revenue bonds, the council, acting through the Division of Minority Business Enterprise of the Arkansas Economic Development Commission, shall have received from small business investment companies in this state binding commitments to make business loans to small business concerns, as defined in this subchapter, to sell small business loans to the division or to engage in specific small business concern loan activities, as authorized in this subchapter. Acts 1985, No. 869, § 5; A.S.A. 1947, § 9-573.

Before the Arkansas Economic Development Council shall issue its revenue bonds, the council, acting through the Division of Minority Business Enterprise of the Arkansas Economic Development Commission, shall have received from small business investment companies in this state binding commitments to make business loans to small business concerns, as defined in this subchapter, to sell small business loans to the division or to engage in specific small business concern loan activities, as authorized in this subchapter.

Acts 1985, No. 869, § 5; A.S.A. 1947, § 9-573.
Ark. Code Ann. § 15-55-205 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-205
Geological assistants and engineers
Status: in_force

(a) It shall be the duty of the State Geologist, by and with the approval of the Director of Production and Conservation and the Secretary of the Department of Energy and Environment, to appoint trained geological assistants, engineers, and others efficient in the arts and sciences as may be necessary to completely carry on the investigations undertaken. (b) The State Geologist, assistants, and engineers, are directed to go into any mine or other place, where it is thought necessary by the State Geologist to go, in executing the directions of the director or the Department of Energy and Environment. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 3069, eff. 7/1/2019. Acts 1909, No. 348, § 4, p. 1020; C. & M. Dig., § 4975; Pope's Dig., § 12224; A.S.A. 1947, § 9-401.1.

(a) It shall be the duty of the State Geologist, by and with the approval of the Director of Production and Conservation and the Secretary of the Department of Energy and Environment, to appoint trained geological assistants, engineers, and others efficient in the arts and sciences as may be necessary to completely carry on the investigations undertaken.

(b) The State Geologist, assistants, and engineers, are directed to go into any mine or other place, where it is thought necessary by the State Geologist to go, in executing the directions of the director or the Department of Energy and Environment.

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

Amended by Act 2019, No. 910,§ 3069, eff. 7/1/2019.

Acts 1909, No. 348, § 4, p. 1020; C. & M. Dig., § 4975; Pope's Dig., § 12224; A.S.A. 1947, § 9-401.1.
Ark. Code Ann. § 15-20-209 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-209
Fee assessment for cost recovery
Status: in_force

The Arkansas Natural Resources Commission may assess and collect fees for recovery of the costs of implementing and administering programs which have been delegated to the commission or to conservation districts. Acts 1993, No. 657, § 3; 1993, No. 942, § 3.

The Arkansas Natural Resources Commission may assess and collect fees for recovery of the costs of implementing and administering programs which have been delegated to the commission or to conservation districts.

Acts 1993, No. 657, § 3; 1993, No. 942, § 3.
Ark. Code Ann. § 15-4-1709 — AR Code / Title 15 / Chapter 4 / Subchapter 17 / Section 15-4-1709
Exceptions
Status: in_force

(a) A county that does not qualify as a high-unemployment county, as defined in § 15-4-1702 , but has experienced a sudden and severe period of economic distress caused by the closing of a business entity that results in the loss of a minimum of five hundred (500) full-time permanent jobs or a minimum of five percent (5%) of the employed labor force, as determined by the most recent "Labor Market Information" publication published by the Division of Workforce Services, may be designated as a high-unemployment county by the Arkansas Economic Development Council. (b) The designation as a "high-unemployment county" shall be in effect for one (1) year after the closing of the business. Amended by Act 2019, No. 910,§ 376, eff. 7/1/2019. Acts 2001, No. 807, § 5.

(a) A county that does not qualify as a high-unemployment county, as defined in § 15-4-1702 , but has experienced a sudden and severe period of economic distress caused by the closing of a business entity that results in the loss of a minimum of five hundred (500) full-time permanent jobs or a minimum of five percent (5%) of the employed labor force, as determined by the most recent "Labor Market Information" publication published by the Division of Workforce Services, may be designated as a high-unemployment county by the Arkansas Economic Development Council.

(b) The designation as a "high-unemployment county" shall be in effect for one (1) year after the closing of the business.

Amended by Act 2019, No. 910,§ 376, eff. 7/1/2019.

Acts 2001, No. 807, § 5.
Ark. Code Ann. § 15-4-3214 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3214
General obligation bonds
Status: in_force

(a) The bonds shall be direct general obligations of the state for the payment of debt service on which the full faith and credit of the state are irrevocably pledged so long as any of the bonds are outstanding. (b) (1) The bonds shall be payable from general revenues or special revenues, which shall be appropriated by the General Assembly for that purpose, and the amount of general revenues or, if applicable, special revenues as may be necessary are pledged to the payment of debt service on the bonds and shall be and remain pledged for those purposes. (2) In addition, each authorizing resolution or trust indenture may pledge all, a portion, or none of the revenues generated by any qualified Amendment 82 project as additional security for the bonds. Amended by Act 2015, No. 593,§ 7, eff. 7/22/2015. Acts 2005, No. 1981, § 1.

(a) The bonds shall be direct general obligations of the state for the payment of debt service on which the full faith and credit of the state are irrevocably pledged so long as any of the bonds are outstanding.

(b) (1) The bonds shall be payable from general revenues or special revenues, which shall be appropriated by the General Assembly for that purpose, and the amount of general revenues or, if applicable, special revenues as may be necessary are pledged to the payment of debt service on the bonds and shall be and remain pledged for those purposes. (2) In addition, each authorizing resolution or trust indenture may pledge all, a portion, or none of the revenues generated by any qualified Amendment 82 project as additional security for the bonds.

(1) The bonds shall be payable from general revenues or special revenues, which shall be appropriated by the General Assembly for that purpose, and the amount of general revenues or, if applicable, special revenues as may be necessary are pledged to the payment of debt service on the bonds and shall be and remain pledged for those purposes.

(2) In addition, each authorizing resolution or trust indenture may pledge all, a portion, or none of the revenues generated by any qualified Amendment 82 project as additional security for the bonds.

Amended by Act 2015, No. 593,§ 7, eff. 7/22/2015.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-22-912 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-912
Appeals
Status: in_force

Any person aggrieved by decisions and actions under this subchapter by the Arkansas Natural Resources Commission may appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1991, No. 154, § 15; 1991, No. 342, § 15.

Any person aggrieved by decisions and actions under this subchapter by the Arkansas Natural Resources Commission may appeal pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1991, No. 154, § 15; 1991, No. 342, § 15.
Ark. Code Ann. § 15-20-310 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-310
Acquisition of natural areas properties - Categories
Status: in_force

(a) In choosing lands, waters, and interests therein for acquisition for the system, the Arkansas Natural Heritage Commission shall observe the policies set forth in § 15-20-302 . (b) The following categories of real property shall be eligible for inclusion in the system: (1) Areas representative of the various types of lands and habitats typical of those portions of the state still substantially untrammeled by the works of humans; (2) Areas of substantially undisturbed natural quality; (3) Areas containing habitat for rare, vanishing, or endangered species, subspecies, or populations of animals or plants; (4) Areas of unusual aesthetic or ecological quality along the banks of rivers, lakes, or streams; (5) Areas in private ownership within the boundaries of national forests, wildlife refuges, state wildlife management areas, or similar publicly owned or administered areas; (6) Swamps, overflow lands, flood plains, or wetlands of unusual aesthetic or ecological quality; (7) Areas necessary or desirable to serve as buffer zones to protect other portions of the system; and (8) Any other lands, waters, or interests therein listed in the Registry of Natural Areas. (c) No acquisition of lands, waters, or any interests therein, whether by dedication or otherwise, shall become effective until after the Governor shall have received thirty (30) days' notice in writing. Acts 1973, No. 112, § 10; A.S.A. 1947, § 9-1410.

(a) In choosing lands, waters, and interests therein for acquisition for the system, the Arkansas Natural Heritage Commission shall observe the policies set forth in § 15-20-302 .

(b) The following categories of real property shall be eligible for inclusion in the system: (1) Areas representative of the various types of lands and habitats typical of those portions of the state still substantially untrammeled by the works of humans; (2) Areas of substantially undisturbed natural quality; (3) Areas containing habitat for rare, vanishing, or endangered species, subspecies, or populations of animals or plants; (4) Areas of unusual aesthetic or ecological quality along the banks of rivers, lakes, or streams; (5) Areas in private ownership within the boundaries of national forests, wildlife refuges, state wildlife management areas, or similar publicly owned or administered areas; (6) Swamps, overflow lands, flood plains, or wetlands of unusual aesthetic or ecological quality; (7) Areas necessary or desirable to serve as buffer zones to protect other portions of the system; and (8) Any other lands, waters, or interests therein listed in the Registry of Natural Areas.

(1) Areas representative of the various types of lands and habitats typical of those portions of the state still substantially untrammeled by the works of humans;

(2) Areas of substantially undisturbed natural quality;

(3) Areas containing habitat for rare, vanishing, or endangered species, subspecies, or populations of animals or plants;

(4) Areas of unusual aesthetic or ecological quality along the banks of rivers, lakes, or streams;

(5) Areas in private ownership within the boundaries of national forests, wildlife refuges, state wildlife management areas, or similar publicly owned or administered areas;

(6) Swamps, overflow lands, flood plains, or wetlands of unusual aesthetic or ecological quality;

(7) Areas necessary or desirable to serve as buffer zones to protect other portions of the system; and

(8) Any other lands, waters, or interests therein listed in the Registry of Natural Areas.

(c) No acquisition of lands, waters, or any interests therein, whether by dedication or otherwise, shall become effective until after the Governor shall have received thirty (30) days' notice in writing.

Acts 1973, No. 112, § 10; A.S.A. 1947, § 9-1410.
Ark. Code Ann. § 15-74-202 — AR Code / Title 15 / Chapter 74 / Subchapter 2 / Section 15-74-202
Prohibition on removing oil or gas from lease without measurement and recording
Status: in_force

(a) It shall be unlawful for any person, firm, corporation, or association, being the owner or operator of any oil or gas well in this state, to take or remove any oil or oil-bearing gas from any lease, unless the oil or gas so taken and removed from the lease is to be gauged or measured and a correct record of the amount of oil or oil-bearing gas so taken or removed from the lease be kept. Provided, this bill shall not be construed to include oil-bearing gas produced from so-called "stripper" wells, the gas from which is not marketable. (b) If any person, firm, corporation, or association operating or producing any oil or gas from any well of this state shall violate the terms of subsection (a) of this section, then his or her or its ownership in the lease under which the well is being operated shall be voidable and subject to cancellation upon suit or suits instigated by the owner or owners of the royalty and mineral interests of the leased premises upon which the violation occurs. (c) In the event the mineral interests under the leased premises are owned by several different persons, firms, corporations, or associations, then the leasehold interest on the premises on which the violation occurs shall be declared separable, and the interest in the leasehold as owned by the person, firm, corporation, or association violating the terms of this section shall be cancelled. Acts 1943, No. 261, §§ 1-3; A.S.A. 1947, §§ 53-503 -- 53-505.

(a) It shall be unlawful for any person, firm, corporation, or association, being the owner or operator of any oil or gas well in this state, to take or remove any oil or oil-bearing gas from any lease, unless the oil or gas so taken and removed from the lease is to be gauged or measured and a correct record of the amount of oil or oil-bearing gas so taken or removed from the lease be kept. Provided, this bill shall not be construed to include oil-bearing gas produced from so-called "stripper" wells, the gas from which is not marketable.

(b) If any person, firm, corporation, or association operating or producing any oil or gas from any well of this state shall violate the terms of subsection (a) of this section, then his or her or its ownership in the lease under which the well is being operated shall be voidable and subject to cancellation upon suit or suits instigated by the owner or owners of the royalty and mineral interests of the leased premises upon which the violation occurs.

(c) In the event the mineral interests under the leased premises are owned by several different persons, firms, corporations, or associations, then the leasehold interest on the premises on which the violation occurs shall be declared separable, and the interest in the leasehold as owned by the person, firm, corporation, or association violating the terms of this section shall be cancelled.

Acts 1943, No. 261, §§ 1-3; A.S.A. 1947, §§ 53-503 -- 53-505.
Ark. Code Ann. § 15-11-602 — AR Code / Title 15 / Chapter 11 / Subchapter 6 / Section 15-11-602
Administrative office - Director - Duties
Status: in_force

(a) The Administrative Office of the Keep Arkansas Beautiful Commission shall be located within the State Parks Division. (b) The Director of the Administrative Office of the Keep Arkansas Beautiful Commission shall be employed by the Director of the State Parks Division with the approval of the Secretary of the Department of Parks, Heritage, and Tourism. (c) The Director of the Administrative Office of the Keep Arkansas Beautiful Commission shall develop and administer all programs and projects of the Keep Arkansas Beautiful Commission and perform such other duties that the Director of the State Parks Division deems necessary and appropriate to foster and promote the awareness of all Arkansans as to the need to protect Arkansas's natural environment. Amended by Act 2023, No. 304,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5647, eff. 7/1/2019. Acts 1997, No. 1278, § 2.

(a) The Administrative Office of the Keep Arkansas Beautiful Commission shall be located within the State Parks Division.

(b) The Director of the Administrative Office of the Keep Arkansas Beautiful Commission shall be employed by the Director of the State Parks Division with the approval of the Secretary of the Department of Parks, Heritage, and Tourism.

(c) The Director of the Administrative Office of the Keep Arkansas Beautiful Commission shall develop and administer all programs and projects of the Keep Arkansas Beautiful Commission and perform such other duties that the Director of the State Parks Division deems necessary and appropriate to foster and promote the awareness of all Arkansans as to the need to protect Arkansas's natural environment.

Amended by Act 2023, No. 304,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5647, eff. 7/1/2019.

Acts 1997, No. 1278, § 2.
Ark. Code Ann. § 15-32-205 — AR Code / Title 15 / Chapter 32 / Subchapter 2 / Section 15-32-205
Inspector prohibited from purchasing public lands - Penalty
Status: in_force

(a) The county timber inspector is prohibited from purchasing any of the public lands, directly or indirectly, either in his or her own name or in the name of any other person in trust for him or her. (b) For every tract or parcel of land purchased in violation of this section, the county timber inspector shall forfeit two hundred dollars ($200). Acts 1883, No. 83, § 10, p. 140; 1901, No. 130, § 5, p. 202; C. & M. Dig., § 6989; Pope's Dig., § 8969; A.S.A. 1947, § 54-105.

(a) The county timber inspector is prohibited from purchasing any of the public lands, directly or indirectly, either in his or her own name or in the name of any other person in trust for him or her.

(b) For every tract or parcel of land purchased in violation of this section, the county timber inspector shall forfeit two hundred dollars ($200).

Acts 1883, No. 83, § 10, p. 140; 1901, No. 130, § 5, p. 202; C. & M. Dig., § 6989; Pope's Dig., § 8969; A.S.A. 1947, § 54-105.
Ark. Code Ann. § 15-56-501 — AR Code / Title 15 / Chapter 56 / Subchapter 5 / Section 15-56-501
Short line roads authorized
Status: in_force

All persons owning or controlling by lease or purchase any copper, lead, zinc, iron, marble, stone, rock, granite, slate, coal, or other mineral lands in this state shall have the same right to incorporate, own, construct, and operate short lines of railway or tramway as necessary to the successful mining, quarrying, and marketing of coal, marble, stone, rock, granite, slate, and other minerals. Acts 1905, No. 163, § 1, p. 407; 1905, No. 268, § 1, p. 686; C. & M. Dig., § 7294; Pope's Dig., § 9350; A.S.A. 1947, § 52-301.

All persons owning or controlling by lease or purchase any copper, lead, zinc, iron, marble, stone, rock, granite, slate, coal, or other mineral lands in this state shall have the same right to incorporate, own, construct, and operate short lines of railway or tramway as necessary to the successful mining, quarrying, and marketing of coal, marble, stone, rock, granite, slate, and other minerals.

Acts 1905, No. 163, § 1, p. 407; 1905, No. 268, § 1, p. 686; C. & M. Dig., § 7294; Pope's Dig., § 9350; A.S.A. 1947, § 52-301.
Ark. Code Ann. § 15-5-1809 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1809
Subchapter supplemental to other laws
Status: in_force

This subchapter is: (1) Supplemental to other laws on the subject, and the Arkansas Development Finance Authority may use provisions of other applicable laws in the issuance of bonds and other obligations under this subchapter; and (2) Sufficient authority for the issuance of bonds and the performance of all other acts and procedures authorized by this subchapter. Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

This subchapter is:

(1) Supplemental to other laws on the subject, and the Arkansas Development Finance Authority may use provisions of other applicable laws in the issuance of bonds and other obligations under this subchapter; and

(2) Sufficient authority for the issuance of bonds and the performance of all other acts and procedures authorized by this subchapter.

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-5-1111 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1111
Arkansas Credit Reserve Program
Status: in_force

The Arkansas Development Finance Authority shall establish the Arkansas Credit Reserve Program within the Arkansas Capital Access Program for Small Business. Added by Act 2013, No. 1222,§ 3, eff. 8/16/2013.

The Arkansas Development Finance Authority shall establish the Arkansas Credit Reserve Program within the Arkansas Capital Access Program for Small Business.

Added by Act 2013, No. 1222,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 15-73-405 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-405
Guardians
Status: in_force

(a) The statutory guardian of an infant or a person of unsound mind may unite in the petition in conjunction with his or her ward. (b) The infant, or person of unsound mind, may be made party defendant, in which case his or her guardian may appear and defend for him or her. (c) If the guardian does not appear and defend, the circuit court shall appoint some discreet person for that purpose. Acts 1935, No. 15, § 5; Pope's Dig., § 10553; A.S.A. 1947, § 53-405.

(a) The statutory guardian of an infant or a person of unsound mind may unite in the petition in conjunction with his or her ward.

(b) The infant, or person of unsound mind, may be made party defendant, in which case his or her guardian may appear and defend for him or her.

(c) If the guardian does not appear and defend, the circuit court shall appoint some discreet person for that purpose.

Acts 1935, No. 15, § 5; Pope's Dig., § 10553; A.S.A. 1947, § 53-405.
Ark. Code Ann. § 15-58-509 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-509
Performance bonds
Status: in_force

(a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file a bond with the Division of Environmental Quality. This bond shall be on a form furnished by the division in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. It shall be for performance or acceptable alternative payable, as appropriate, to the division and conditioned upon faithful performance of all the requirements of this chapter, the rules issued pursuant to this chapter, and the permit. (b) All forfeitures collected under this chapter shall be deposited into a separate Mining Reclamation Trust Fund which shall be maintained by the division. The fund may only be used to accomplish reclamation of land covered by forfeitures of performance bonds. (c) The rules shall include provisions for posting a bond sufficient to cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit and for filing additional bonds to cover succeeding increments of area within the permit upon which the operator intends to conduct surface coal mining and reclamation operations. (d) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for that period required to establish successful revegetation in accordance with the rules issued by the commission. (e) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the division in the event of forfeiture. In no case shall the bond for the entire area under one (1) permit be less than ten thousand dollars ($10,000). (f) The commission shall issue rules setting out the criteria and procedures for processing requests for the release of all or any part of a performance bond provided that no bond shall be fully released until all reclamation requirements of this chapter and the rules issued pursuant to this chapter are fully met. Rules shall include provisions for public notice of all requests for full or partial releases, an inspection and evaluation of the reclamation work, and a schedule for partial releases. (g) Any person having an interest which is or may be adversely affected, or the office or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-209 - 15-58-211 , file written objections to the proposed release from bond and request an adjudicatory public hearing. Amended by Act 2019, No. 315,§ 1219, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1218, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1217, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3170, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3169, eff. 7/1/2019. Acts 1979, No. 134, § 14; A.S.A. 1947, § 52-948; Acts 1999, No. 1164, §§ 152, 153.

(a) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file a bond with the Division of Environmental Quality. This bond shall be on a form furnished by the division in accordance with the rules issued by the Arkansas Pollution Control and Ecology Commission. It shall be for performance or acceptable alternative payable, as appropriate, to the division and conditioned upon faithful performance of all the requirements of this chapter, the rules issued pursuant to this chapter, and the permit.

(b) All forfeitures collected under this chapter shall be deposited into a separate Mining Reclamation Trust Fund which shall be maintained by the division. The fund may only be used to accomplish reclamation of land covered by forfeitures of performance bonds.

(c) The rules shall include provisions for posting a bond sufficient to cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit and for filing additional bonds to cover succeeding increments of area within the permit upon which the operator intends to conduct surface coal mining and reclamation operations.

(d) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for that period required to establish successful revegetation in accordance with the rules issued by the commission.

(e) The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the division in the event of forfeiture. In no case shall the bond for the entire area under one (1) permit be less than ten thousand dollars ($10,000).

(f) The commission shall issue rules setting out the criteria and procedures for processing requests for the release of all or any part of a performance bond provided that no bond shall be fully released until all reclamation requirements of this chapter and the rules issued pursuant to this chapter are fully met. Rules shall include provisions for public notice of all requests for full or partial releases, an inspection and evaluation of the reclamation work, and a schedule for partial releases.

(g) Any person having an interest which is or may be adversely affected, or the office or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-209 - 15-58-211 , file written objections to the proposed release from bond and request an adjudicatory public hearing.

Amended by Act 2019, No. 315,§ 1219, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1218, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1217, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3170, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3169, eff. 7/1/2019.

Acts 1979, No. 134, § 14; A.S.A. 1947, § 52-948; Acts 1999, No. 1164, §§ 152, 153.
Ark. Code Ann. § 15-5-1303 — AR Code / Title 15 / Chapter 5 / Subchapter 13 / Section 15-5-1303
Affordable housing assistance activities and affordable housing units - Business firms proposing to provide - Procedure for approval and tax credit
Status: in_force

(a) Any business firm which engages in providing affordable housing assistance activities in the State of Arkansas shall receive a tax credit as provided in § 15-5-1304 if the Arkansas Development Finance Authority or its delegate approves a proposal submitted by one (1) or more business firms for the provision of affordable housing units. (b) The proposal shall set forth: (1) A program of affordable housing to be conducted; (2) The location and number of affordable housing units; (3) The neighborhood area to be served; (4) Why the program is needed; (5) The time period for which affordable housing units shall be provided; (6) The estimated amount to be invested in the program; (7) Plans for implementing the program; and (8) A list of the business firms proposing to provide affordable housing assistance activities which are a part of the proposal. (c) In the case of rental affordable housing units, all proposals approved by the authority shall require a land-use restriction agreement stating the provision of affordable housing on the property for a time period deemed reasonable by the authority. (d) (1) In the case of owner-occupied affordable housing units, all proposals approved by the authority shall require a land-use restriction agreement for a time period deemed reasonable by the authority requiring any subsequent owner, except a lender with a security interest in the property, to be an owner-occupant whose income at the time of acquisition is at or below the level described in § 15-5-1302 and further requiring that the acquisition price to any subsequent owner shall not exceed by more than a five percent (5%) annual appreciation the acquisition price to the original, eligible owner at the time tax credits are first claimed. (2) The restriction shall be approved by the property owner and shall be binding on any subsequent owner of the property unless otherwise approved by the authority. (e) In approving a proposal, the authority may authorize the use of tax credits by one (1) or more of the business firms listed in the proposal and shall establish specific requirements regarding the degree of completion of affordable housing assistance activities necessary to be eligible for tax credits provided under this section. (f) If, in the opinion of the authority or its delegate, a business firm's investment can be made more consistently with the purposes of this section through contributions to a neighborhood organization, tax credits may be allowed as provided in this section. (g) The authority or its delegate is authorized to promulgate rules for: (1) Establishing criteria for evaluating such proposals by business firms for approval or disapproval; (2) Establishing housing priorities for approval or disapproval of such proposals by business firms; and (3) The certification of eligibility for tax credits authorized under this section. (h) The decision of the authority or its delegate to approve or disapprove a proposal pursuant to this section shall be in writing, and if approved, the maximum credit allowable to the business firm shall be stated. (i) A copy of the decision of the authority or its delegate shall be transmitted to the Secretary of the Department of Finance and Administration and to the Governor. (j) A copy of the certification approved by the authority and a statement of the total amount of credits approved by the authority, the amount of credits previously taken by the taxpayer, and the amount being claimed for the current tax year shall be filed in a manner and form designated by the secretary for any tax year in which a tax credit is being claimed. Amended by Act 2019, No. 315,§ 1087, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3403, eff. 7/1/2019. Acts 1997, No. 1331, § 3.

(a) Any business firm which engages in providing affordable housing assistance activities in the State of Arkansas shall receive a tax credit as provided in § 15-5-1304 if the Arkansas Development Finance Authority or its delegate approves a proposal submitted by one (1) or more business firms for the provision of affordable housing units.

(b) The proposal shall set forth: (1) A program of affordable housing to be conducted; (2) The location and number of affordable housing units; (3) The neighborhood area to be served; (4) Why the program is needed; (5) The time period for which affordable housing units shall be provided; (6) The estimated amount to be invested in the program; (7) Plans for implementing the program; and (8) A list of the business firms proposing to provide affordable housing assistance activities which are a part of the proposal.

(1) A program of affordable housing to be conducted;

(2) The location and number of affordable housing units;

(3) The neighborhood area to be served;

(4) Why the program is needed;

(5) The time period for which affordable housing units shall be provided;

(6) The estimated amount to be invested in the program;

(7) Plans for implementing the program; and

(8) A list of the business firms proposing to provide affordable housing assistance activities which are a part of the proposal.

(c) In the case of rental affordable housing units, all proposals approved by the authority shall require a land-use restriction agreement stating the provision of affordable housing on the property for a time period deemed reasonable by the authority.

(d) (1) In the case of owner-occupied affordable housing units, all proposals approved by the authority shall require a land-use restriction agreement for a time period deemed reasonable by the authority requiring any subsequent owner, except a lender with a security interest in the property, to be an owner-occupant whose income at the time of acquisition is at or below the level described in § 15-5-1302 and further requiring that the acquisition price to any subsequent owner shall not exceed by more than a five percent (5%) annual appreciation the acquisition price to the original, eligible owner at the time tax credits are first claimed. (2) The restriction shall be approved by the property owner and shall be binding on any subsequent owner of the property unless otherwise approved by the authority.

(1) In the case of owner-occupied affordable housing units, all proposals approved by the authority shall require a land-use restriction agreement for a time period deemed reasonable by the authority requiring any subsequent owner, except a lender with a security interest in the property, to be an owner-occupant whose income at the time of acquisition is at or below the level described in § 15-5-1302 and further requiring that the acquisition price to any subsequent owner shall not exceed by more than a five percent (5%) annual appreciation the acquisition price to the original, eligible owner at the time tax credits are first claimed.

(2) The restriction shall be approved by the property owner and shall be binding on any subsequent owner of the property unless otherwise approved by the authority.

(e) In approving a proposal, the authority may authorize the use of tax credits by one (1) or more of the business firms listed in the proposal and shall establish specific requirements regarding the degree of completion of affordable housing assistance activities necessary to be eligible for tax credits provided under this section.

(f) If, in the opinion of the authority or its delegate, a business firm's investment can be made more consistently with the purposes of this section through contributions to a neighborhood organization, tax credits may be allowed as provided in this section.

(g) The authority or its delegate is authorized to promulgate rules for: (1) Establishing criteria for evaluating such proposals by business firms for approval or disapproval; (2) Establishing housing priorities for approval or disapproval of such proposals by business firms; and (3) The certification of eligibility for tax credits authorized under this section.

(1) Establishing criteria for evaluating such proposals by business firms for approval or disapproval;

(2) Establishing housing priorities for approval or disapproval of such proposals by business firms; and

(3) The certification of eligibility for tax credits authorized under this section.

(h) The decision of the authority or its delegate to approve or disapprove a proposal pursuant to this section shall be in writing, and if approved, the maximum credit allowable to the business firm shall be stated.

(i) A copy of the decision of the authority or its delegate shall be transmitted to the Secretary of the Department of Finance and Administration and to the Governor.

(j) A copy of the certification approved by the authority and a statement of the total amount of credits approved by the authority, the amount of credits previously taken by the taxpayer, and the amount being claimed for the current tax year shall be filed in a manner and form designated by the secretary for any tax year in which a tax credit is being claimed.

Amended by Act 2019, No. 315,§ 1087, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3403, eff. 7/1/2019.

Acts 1997, No. 1331, § 3.
Ark. Code Ann. § 15-72-105 — AR Code / Title 15 / Chapter 72 / Subchapter 1 / Section 15-72-105
Prohibition on wasting oil or gas
Status: in_force

Waste of oil or gas as defined in this act is prohibited. Acts 1939, No. 105, § 10; A.S.A. 1947, § 53-110.

Waste of oil or gas as defined in this act is prohibited.

Acts 1939, No. 105, § 10; A.S.A. 1947, § 53-110.
Ark. Code Ann. § 15-4-103 — AR Code / Title 15 / Chapter 4 / Subchapter 1 / Section 15-4-103
Registration of community development corporations - Definition
Status: in_force

(a) As used in this section, "qualified community development corporation" means an organization chartered under the Arkansas nonprofit corporation law which: (1) Is governed by a board consisting of the area's business, professional, and civic leaders; (2) Has a record of implementing economic development projects or whose articles of incorporation or bylaws state the organization's mission to develop and improve local communities through economic and related development; (3) Has secured from the federal Internal Revenue Service a 26 U.S.C. § 501(c)(3) tax exemption status; and (4) Otherwise meets the federal definition of a community development corporation. (b) The Secretary of State shall maintain a registry of all qualified community development corporations established under the laws of Arkansas. (c) (1) Every qualified community development corporation shall register with the Secretary of State within ninety (90) days after August 13, 1993, or within ninety (90) days after the date of its establishment if established after August 13, 1993. (2) The Secretary of State shall collect a registration fee of twenty-five dollars ($25.00) from each qualified community development corporation registered under this section. Acts 1993, No. 989, §§ 1-3.

(a) As used in this section, "qualified community development corporation" means an organization chartered under the Arkansas nonprofit corporation law which: (1) Is governed by a board consisting of the area's business, professional, and civic leaders; (2) Has a record of implementing economic development projects or whose articles of incorporation or bylaws state the organization's mission to develop and improve local communities through economic and related development; (3) Has secured from the federal Internal Revenue Service a 26 U.S.C. § 501(c)(3) tax exemption status; and (4) Otherwise meets the federal definition of a community development corporation.

(1) Is governed by a board consisting of the area's business, professional, and civic leaders;

(2) Has a record of implementing economic development projects or whose articles of incorporation or bylaws state the organization's mission to develop and improve local communities through economic and related development;

(3) Has secured from the federal Internal Revenue Service a 26 U.S.C. § 501(c)(3) tax exemption status; and

(4) Otherwise meets the federal definition of a community development corporation.

(b) The Secretary of State shall maintain a registry of all qualified community development corporations established under the laws of Arkansas.

(c) (1) Every qualified community development corporation shall register with the Secretary of State within ninety (90) days after August 13, 1993, or within ninety (90) days after the date of its establishment if established after August 13, 1993. (2) The Secretary of State shall collect a registration fee of twenty-five dollars ($25.00) from each qualified community development corporation registered under this section.

(1) Every qualified community development corporation shall register with the Secretary of State within ninety (90) days after August 13, 1993, or within ninety (90) days after the date of its establishment if established after August 13, 1993.

(2) The Secretary of State shall collect a registration fee of twenty-five dollars ($25.00) from each qualified community development corporation registered under this section.

Acts 1993, No. 989, §§ 1-3.
Ark. Code Ann. § 15-72-1112 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1112
Rights cumulative
Status: in_force

(a) This subchapter and the rights granted under this subchapter are cumulative with all other rights an interest owner may otherwise have at law or in equity. (b) To the extent that there is a conflict between this subchapter and other rights an interest owner has at law or in equity, then the rights of the interest owner are to be liberally construed to the end that those rights that afford the interest owner the most comprehensive protection to secure the receipt by the interest owner of the sales price shall be given preference. (c) The rights of an interest owner accrued before July 28, 2021, shall be preserved to the extent that the rights are not in conflict with this subchapter. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) This subchapter and the rights granted under this subchapter are cumulative with all other rights an interest owner may otherwise have at law or in equity.

(b) To the extent that there is a conflict between this subchapter and other rights an interest owner has at law or in equity, then the rights of the interest owner are to be liberally construed to the end that those rights that afford the interest owner the most comprehensive protection to secure the receipt by the interest owner of the sales price shall be given preference.

(c) The rights of an interest owner accrued before July 28, 2021, shall be preserved to the extent that the rights are not in conflict with this subchapter.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-22-211 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-211
Permits - Application
Status: in_force

(a) The applicant for a dam construction permit shall file with the Arkansas Natural Resources Commission upon a form prescribed by the commission an application accompanied by plans and specifications for the construction and manner of operation and maintenance of the dam. (b) The commission shall examine the plans and specifications of the dam and conduct other necessary investigations for the granting or denial of the permit, including inspection of the site of the proposed construction. (c) The application for a dam construction permit shall be accompanied by the dam permit application review fee as specified in § 15-22-219 . Acts 1957, No. 81, § 6; 1969, No. 180, § 3; A.S.A. 1947, § 21-1306; Acts 1989, No. 685, § 1.

(a) The applicant for a dam construction permit shall file with the Arkansas Natural Resources Commission upon a form prescribed by the commission an application accompanied by plans and specifications for the construction and manner of operation and maintenance of the dam.

(b) The commission shall examine the plans and specifications of the dam and conduct other necessary investigations for the granting or denial of the permit, including inspection of the site of the proposed construction.

(c) The application for a dam construction permit shall be accompanied by the dam permit application review fee as specified in § 15-22-219 .

Acts 1957, No. 81, § 6; 1969, No. 180, § 3; A.S.A. 1947, § 21-1306; Acts 1989, No. 685, § 1.
Ark. Code Ann. § 15-41-111 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-111
Moneys from hunting license fees
Status: in_force

No funds accruing to the State of Arkansas from license fees paid by hunters and fishermen shall be diverted for any other purpose than the administration of the Arkansas State Game and Fish Commission. Acts 1943, No. 146, § 9; 1951, No. 356, § 1; A.S.A. 1947, §§ 47-134, 47-502.

No funds accruing to the State of Arkansas from license fees paid by hunters and fishermen shall be diverted for any other purpose than the administration of the Arkansas State Game and Fish Commission.

Acts 1943, No. 146, § 9; 1951, No. 356, § 1; A.S.A. 1947, §§ 47-134, 47-502.
Ark. Code Ann. § 15-22-710 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-710
Bonds - Individual series
Status: in_force

(a) The bonds shall be issued in series as set forth in this section, in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued. (b) The bonds of each series shall: (1) (A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually, or be subject to mandatory sinking fund redemption, over a period ending not later than thirty (30) years after the date of the bonds of each series so as to provide annual debt service of approximately equal amounts insofar as practicable throughout the term of the bonds, as determined by the commission. (B) Pending the issuance of bonds under this subchapter, the commission may issue temporary notes, maturing not more than five (5) years from the date of issuance, to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued; (2) (A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds. (B) Interest shall be payable at such times as the commission shall determine; and (3) Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in § 15-22-709 . Acts 1987, No. 686, § 4.

(a) The bonds shall be issued in series as set forth in this section, in amounts sufficient to finance all or any part of project costs with the respective series to be designated in alphabetical order or by the year in which issued.

(b) The bonds of each series shall: (1) (A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually, or be subject to mandatory sinking fund redemption, over a period ending not later than thirty (30) years after the date of the bonds of each series so as to provide annual debt service of approximately equal amounts insofar as practicable throughout the term of the bonds, as determined by the commission. (B) Pending the issuance of bonds under this subchapter, the commission may issue temporary notes, maturing not more than five (5) years from the date of issuance, to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued; (2) (A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds. (B) Interest shall be payable at such times as the commission shall determine; and (3) Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in § 15-22-709 .

(1) (A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually, or be subject to mandatory sinking fund redemption, over a period ending not later than thirty (30) years after the date of the bonds of each series so as to provide annual debt service of approximately equal amounts insofar as practicable throughout the term of the bonds, as determined by the commission. (B) Pending the issuance of bonds under this subchapter, the commission may issue temporary notes, maturing not more than five (5) years from the date of issuance, to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued;

(A) Have such date as the Arkansas Natural Resources Commission shall determine and shall mature annually, or be subject to mandatory sinking fund redemption, over a period ending not later than thirty (30) years after the date of the bonds of each series so as to provide annual debt service of approximately equal amounts insofar as practicable throughout the term of the bonds, as determined by the commission.

(B) Pending the issuance of bonds under this subchapter, the commission may issue temporary notes, maturing not more than five (5) years from the date of issuance, to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued;

(2) (A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds. (B) Interest shall be payable at such times as the commission shall determine; and

(A) Bear interest at the rate or rates accepted by the commission at the public sale of the bonds.

(B) Interest shall be payable at such times as the commission shall determine; and

(3) Have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions regarding registration of ownership set forth in § 15-22-709 .

Acts 1987, No. 686, § 4.
Ark. Code Ann. § 15-4-3405 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3405
Application
Status: in_force

(a) An entity shall not be recognized as a regional economic development partnership under this subchapter unless the board of directors of the entity submits an application and is approved under this section. (b) An entity applying for approval as a regional economic development partnership shall submit an application to the Arkansas Economic Development Commission that includes the following information: (1) At least a three-year strategic plan that is consistent with the Governor's Strategic Plan for Economic Development and includes the following: (A) The proposed activities of the regional economic development partnership; and (B) (i) A budget for the next calendar year. (ii) The budget should clearly identify the proposed expenditures for which the grant funds are requested; (2) Proof of organization; (3) A copy of the entity's: (A) Governing documents approved by the entity's governing board; (B) Bylaws; or (C) Articles of incorporation; (4) A map of the economic development region and the population served by the regional economic development partnership based on the latest decennial census; (5) The identity of each public organization and private organization within the economic development region that is active in economic development and a description of the role each organization will undertake in the regional economic development partnership; (6) A list of the current members of the board of directors and the entity each member represents; and (7) (A) (i) Evidence of: (a) The staff dedicated to the regional economic development partnership; or (b) The staff dedicated to program management of the regional economic development partnership. (ii) The staff identified under subdivision (b)(7)(A)(i) of this section may be employed by an entity other than the regional economic development partnership. (B) The primary responsibility of the staff members described in subdivision (b)(7)(A) of this section is to: (i) Market and promote the economic development region to site selectors and business prospects; and (ii) Accomplish the goals and objectives of the strategic plan required under subdivision (b)(1) of this section. (c) The commission shall review each application submitted under this section and shall certify that: (1) The applicant satisfies the requirements of § 15-4-3404 ; and (2) The application submitted under this section includes the information required under subsection (b) of this section. (d) The commission shall notify unsuccessful applicants in writing of the deficiencies of the applicant. Amended by Act 2013, No. 1112,§ 5, eff. 8/16/2013. Acts 2011, No. 895, § 1.

(a) An entity shall not be recognized as a regional economic development partnership under this subchapter unless the board of directors of the entity submits an application and is approved under this section.

(b) An entity applying for approval as a regional economic development partnership shall submit an application to the Arkansas Economic Development Commission that includes the following information: (1) At least a three-year strategic plan that is consistent with the Governor's Strategic Plan for Economic Development and includes the following: (A) The proposed activities of the regional economic development partnership; and (B) (i) A budget for the next calendar year. (ii) The budget should clearly identify the proposed expenditures for which the grant funds are requested; (2) Proof of organization; (3) A copy of the entity's: (A) Governing documents approved by the entity's governing board; (B) Bylaws; or (C) Articles of incorporation; (4) A map of the economic development region and the population served by the regional economic development partnership based on the latest decennial census; (5) The identity of each public organization and private organization within the economic development region that is active in economic development and a description of the role each organization will undertake in the regional economic development partnership; (6) A list of the current members of the board of directors and the entity each member represents; and (7) (A) (i) Evidence of: (a) The staff dedicated to the regional economic development partnership; or (b) The staff dedicated to program management of the regional economic development partnership. (ii) The staff identified under subdivision (b)(7)(A)(i) of this section may be employed by an entity other than the regional economic development partnership. (B) The primary responsibility of the staff members described in subdivision (b)(7)(A) of this section is to: (i) Market and promote the economic development region to site selectors and business prospects; and (ii) Accomplish the goals and objectives of the strategic plan required under subdivision (b)(1) of this section.

(1) At least a three-year strategic plan that is consistent with the Governor's Strategic Plan for Economic Development and includes the following: (A) The proposed activities of the regional economic development partnership; and (B) (i) A budget for the next calendar year. (ii) The budget should clearly identify the proposed expenditures for which the grant funds are requested;

(A) The proposed activities of the regional economic development partnership; and

(B) (i) A budget for the next calendar year. (ii) The budget should clearly identify the proposed expenditures for which the grant funds are requested;

(i) A budget for the next calendar year.

(ii) The budget should clearly identify the proposed expenditures for which the grant funds are requested;

(2) Proof of organization;

(3) A copy of the entity's: (A) Governing documents approved by the entity's governing board; (B) Bylaws; or (C) Articles of incorporation;

(A) Governing documents approved by the entity's governing board;

(B) Bylaws; or

(C) Articles of incorporation;

(4) A map of the economic development region and the population served by the regional economic development partnership based on the latest decennial census;

(5) The identity of each public organization and private organization within the economic development region that is active in economic development and a description of the role each organization will undertake in the regional economic development partnership;

(6) A list of the current members of the board of directors and the entity each member represents; and

(7) (A) (i) Evidence of: (a) The staff dedicated to the regional economic development partnership; or (b) The staff dedicated to program management of the regional economic development partnership. (ii) The staff identified under subdivision (b)(7)(A)(i) of this section may be employed by an entity other than the regional economic development partnership. (B) The primary responsibility of the staff members described in subdivision (b)(7)(A) of this section is to: (i) Market and promote the economic development region to site selectors and business prospects; and (ii) Accomplish the goals and objectives of the strategic plan required under subdivision (b)(1) of this section.

(A) (i) Evidence of: (a) The staff dedicated to the regional economic development partnership; or (b) The staff dedicated to program management of the regional economic development partnership. (ii) The staff identified under subdivision (b)(7)(A)(i) of this section may be employed by an entity other than the regional economic development partnership.

(i) Evidence of: (a) The staff dedicated to the regional economic development partnership; or (b) The staff dedicated to program management of the regional economic development partnership.

(a) The staff dedicated to the regional economic development partnership; or

(b) The staff dedicated to program management of the regional economic development partnership.

(ii) The staff identified under subdivision (b)(7)(A)(i) of this section may be employed by an entity other than the regional economic development partnership.

(B) The primary responsibility of the staff members described in subdivision (b)(7)(A) of this section is to: (i) Market and promote the economic development region to site selectors and business prospects; and (ii) Accomplish the goals and objectives of the strategic plan required under subdivision (b)(1) of this section.

(i) Market and promote the economic development region to site selectors and business prospects; and

(ii) Accomplish the goals and objectives of the strategic plan required under subdivision (b)(1) of this section.

(c) The commission shall review each application submitted under this section and shall certify that: (1) The applicant satisfies the requirements of § 15-4-3404 ; and (2) The application submitted under this section includes the information required under subsection (b) of this section.

(1) The applicant satisfies the requirements of § 15-4-3404 ; and

(2) The application submitted under this section includes the information required under subsection (b) of this section.

(d) The commission shall notify unsuccessful applicants in writing of the deficiencies of the applicant.

Amended by Act 2013, No. 1112,§ 5, eff. 8/16/2013.

Acts 2011, No. 895, § 1.