Ark. Code Ann. § 15-22-1111 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1111
Substitution of loans
Status: in_force

(a) The Arkansas Natural Resources Commission may remove any loan, bond, note, or other evidence of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account from that account and substitute another loan, bond, note, or other evidence of indebtedness not then in default as to payment of any installment of principal, interest, or financing fee, and having an equal or greater outstanding principal balance, made by the commission for a purpose authorized by this subchapter. (b) (1) The commission may forgive principal of loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account. (2) However, principal may be forgiven only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants. Acts 2003, No. 465, § 4; 2009, No. 457, § 12.

(a) The Arkansas Natural Resources Commission may remove any loan, bond, note, or other evidence of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account from that account and substitute another loan, bond, note, or other evidence of indebtedness not then in default as to payment of any installment of principal, interest, or financing fee, and having an equal or greater outstanding principal balance, made by the commission for a purpose authorized by this subchapter.

(b) (1) The commission may forgive principal of loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account. (2) However, principal may be forgiven only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.

(1) The commission may forgive principal of loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account.

(2) However, principal may be forgiven only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the account provided by the federal government under the Safe Drinking Water Act to provide additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.

Acts 2003, No. 465, § 4; 2009, No. 457, § 12.
Ark. Code Ann. § 15-5-1204 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1204
Issuance of revenue bonds by the authority
Status: in_force

(a) (1) Upon the request of the Director of the Division of Environmental Quality and based upon an estimate by the Department of Finance and Administration of the pledged fees to be collected, the Arkansas Development Finance Authority may issue bonds for the purpose of: (A) Providing money for the Petroleum Storage Tank Trust Fund; and (B) Paying the cost of issuing the bonds and establishing the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if necessary. (2) The money in the Petroleum Storage Tank Trust Fund shall be used as provided in the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq. (b) (1) The bonds are special obligations payable only from: (A) The pledged fees collected by the Secretary of the Department of Finance and Administration pursuant to § 8-7-906 ; (B) The amounts on deposit in the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if any; and (C) The investment income on the amounts in the Petroleum Storage Tank Trust Fund, the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund, and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund. (2) The bonds do not constitute an indebtedness of the state as prohibited by the Arkansas Constitution. (c) (1) (A) Bonds issued under this subchapter shall be authorized by resolution of the Board of Directors of the Arkansas Development Finance Authority and shall have the form and characteristics and bear the designations as are provided in the resolution and permitted under 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 . (B) The resolution may include such provisions and covenants as the board determines necessary. (2) The board may approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary and convenient to the issuance of the bonds. Amended by Act 2019, No. 910,§ 3046, eff. 7/1/2019. Acts 1995, No. 1054, § 1; 1999, No. 1164, § 131.

(a) (1) Upon the request of the Director of the Division of Environmental Quality and based upon an estimate by the Department of Finance and Administration of the pledged fees to be collected, the Arkansas Development Finance Authority may issue bonds for the purpose of: (A) Providing money for the Petroleum Storage Tank Trust Fund; and (B) Paying the cost of issuing the bonds and establishing the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if necessary. (2) The money in the Petroleum Storage Tank Trust Fund shall be used as provided in the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq.

(1) Upon the request of the Director of the Division of Environmental Quality and based upon an estimate by the Department of Finance and Administration of the pledged fees to be collected, the Arkansas Development Finance Authority may issue bonds for the purpose of: (A) Providing money for the Petroleum Storage Tank Trust Fund; and (B) Paying the cost of issuing the bonds and establishing the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if necessary.

(A) Providing money for the Petroleum Storage Tank Trust Fund; and

(B) Paying the cost of issuing the bonds and establishing the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if necessary.

(2) The money in the Petroleum Storage Tank Trust Fund shall be used as provided in the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq.

(b) (1) The bonds are special obligations payable only from: (A) The pledged fees collected by the Secretary of the Department of Finance and Administration pursuant to § 8-7-906 ; (B) The amounts on deposit in the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if any; and (C) The investment income on the amounts in the Petroleum Storage Tank Trust Fund, the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund, and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund. (2) The bonds do not constitute an indebtedness of the state as prohibited by the Arkansas Constitution.

(1) The bonds are special obligations payable only from: (A) The pledged fees collected by the Secretary of the Department of Finance and Administration pursuant to § 8-7-906 ; (B) The amounts on deposit in the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if any; and (C) The investment income on the amounts in the Petroleum Storage Tank Trust Fund, the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund, and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund.

(A) The pledged fees collected by the Secretary of the Department of Finance and Administration pursuant to § 8-7-906 ;

(B) The amounts on deposit in the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund, if any; and

(C) The investment income on the amounts in the Petroleum Storage Tank Trust Fund, the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund, and the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund.

(2) The bonds do not constitute an indebtedness of the state as prohibited by the Arkansas Constitution.

(c) (1) (A) Bonds issued under this subchapter shall be authorized by resolution of the Board of Directors of the Arkansas Development Finance Authority and shall have the form and characteristics and bear the designations as are provided in the resolution and permitted under 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 . (B) The resolution may include such provisions and covenants as the board determines necessary. (2) The board may approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary and convenient to the issuance of the bonds.

(1) (A) Bonds issued under this subchapter shall be authorized by resolution of the Board of Directors of the Arkansas Development Finance Authority and shall have the form and characteristics and bear the designations as are provided in the resolution and permitted under 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 . (B) The resolution may include such provisions and covenants as the board determines necessary.

(A) Bonds issued under this subchapter shall be authorized by resolution of the Board of Directors of the Arkansas Development Finance Authority and shall have the form and characteristics and bear the designations as are provided in the resolution and permitted under 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 .

(B) The resolution may include such provisions and covenants as the board determines necessary.

(2) The board may approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary and convenient to the issuance of the bonds.

Amended by Act 2019, No. 910,§ 3046, eff. 7/1/2019.

Acts 1995, No. 1054, § 1; 1999, No. 1164, § 131.
Ark. Code Ann. § 15-5-1105 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1105
Capital Access Fund - Use - Investment earnings - Administrative expenses
Status: in_force

(a) There is created within the Arkansas Development Finance Authority the Capital Access Fund. (b) (1) All moneys deposited into the fund are for the purpose of making payments to loan loss reserve accounts established under § 15-5-1106 . (2) All moneys available for deposit into the fund shall be restricted to only such cash funds available to the authority for the purposes provided in this subchapter. (c) Moneys in the fund may be invested as provided in § 15-5-407 . Acts 1993, No. 733, § 5; 1993, No. 886, § 5.

(a) There is created within the Arkansas Development Finance Authority the Capital Access Fund.

(b) (1) All moneys deposited into the fund are for the purpose of making payments to loan loss reserve accounts established under § 15-5-1106 . (2) All moneys available for deposit into the fund shall be restricted to only such cash funds available to the authority for the purposes provided in this subchapter.

(1) All moneys deposited into the fund are for the purpose of making payments to loan loss reserve accounts established under § 15-5-1106 .

(2) All moneys available for deposit into the fund shall be restricted to only such cash funds available to the authority for the purposes provided in this subchapter.

(c) Moneys in the fund may be invested as provided in § 15-5-407 .

Acts 1993, No. 733, § 5; 1993, No. 886, § 5.
Ark. Code Ann. § 15-4-1016 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1016
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 14; A.S.A. 1947, § 67-1640; Acts 2003, No. 860, § 6.

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

Acts 1985, No. 410, § 14; A.S.A. 1947, § 67-1640; Acts 2003, No. 860, § 6.
Ark. Code Ann. § 15-22-1311 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1311
Bonds - Security for public funds
Status: in_force

Bonds issued under this subchapter shall be eligible to secure the deposit of public funds. Acts 2003, No. 598, § 1.

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

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-20-708 — AR Code / Title 15 / Chapter 20 / Subchapter 7 / Section 15-20-708
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 18, eff. 8/1/2017. Acts 1991, No. 999, § 8.

Repealed by Act 2017, No. 540,§ 18, eff. 8/1/2017.

Acts 1991, No. 999, § 8.
Ark. Code Ann. § 15-72-213 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-213
Surface owner's lien for damages caused by operator neglect
Status: in_force

Any surface owner who is damaged or threatened with damage by the neglect of the operator will have a lien upon the fixtures or equipment owned by the operator, with all oil, gas, and other hydrocarbons produced therefrom which may be run to the credit of the operator to secure payment for all damages that can be lawfully recovered under the terms of the oil and gas lease or leases covering the particular property and under which drilling operations are being undertaken by the operator. The lien shall also secure payment for any other damages that the surface owner would be entitled to recover from the operator under the laws of the State of Arkansas. Acts 1983, No. 902, § 4; A.S.A. 1947, § 53-219.

Any surface owner who is damaged or threatened with damage by the neglect of the operator will have a lien upon the fixtures or equipment owned by the operator, with all oil, gas, and other hydrocarbons produced therefrom which may be run to the credit of the operator to secure payment for all damages that can be lawfully recovered under the terms of the oil and gas lease or leases covering the particular property and under which drilling operations are being undertaken by the operator. The lien shall also secure payment for any other damages that the surface owner would be entitled to recover from the operator under the laws of the State of Arkansas.

Acts 1983, No. 902, § 4; A.S.A. 1947, § 53-219.
Ark. Code Ann. § 15-3-204 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-204
Disbursement of funds
Status: in_force

(a) The matching funds authorized by this subchapter are to be used primarily to attract federal funds to the state for basic and strategic research. (b) The Director of the Arkansas Economic Development Commission, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, may approve multi-year research grants, but disbursements of the matching funds authorized by this subchapter shall be for no more than a twelve-month period. Amended by Act 2019, No. 910,§ 350, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 79, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 79, eff. 7/1/2015. Acts 1999, No. 1545, § 4.

(a) The matching funds authorized by this subchapter are to be used primarily to attract federal funds to the state for basic and strategic research.

(b) The Director of the Arkansas Economic Development Commission, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, may approve multi-year research grants, but disbursements of the matching funds authorized by this subchapter shall be for no more than a twelve-month period.

Amended by Act 2019, No. 910,§ 350, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 79, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 79, eff. 7/1/2015.

Acts 1999, No. 1545, § 4.
Ark. Code Ann. § 15-56-307 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-307
Sale of land or mineral rights - Lease unaffected
Status: in_force

The lease executed by the receiver under the approval of the court as provided in § 15-56-306 shall not terminate with the sale of the lands or mineral interests therein, thereon, or thereunder. Any person purchasing or holding thereafter shall take the land or mineral rights subject to the lease executed by the receiver pursuant to § 15-56-306 . Acts 1937, No. 220, § 9; Pope's Dig., § 11203; Acts 1963, No. 85, § 9; A.S.A. 1947, § 52-209.

The lease executed by the receiver under the approval of the court as provided in § 15-56-306 shall not terminate with the sale of the lands or mineral interests therein, thereon, or thereunder. Any person purchasing or holding thereafter shall take the land or mineral rights subject to the lease executed by the receiver pursuant to § 15-56-306 .

Acts 1937, No. 220, § 9; Pope's Dig., § 11203; Acts 1963, No. 85, § 9; A.S.A. 1947, § 52-209.
Ark. Code Ann. § 15-10-207 — AR Code / Title 15 / Chapter 10 / Subchapter 2 / Section 15-10-207
Reporting regarding the Weatherization Assistance Program
Status: in_force

The Arkansas Energy Office of the Division of Environmental Quality shall report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor concerning the Weatherization Assistance Program as transferred to the office under § 25-14-103 and as authorized under § 15-10-205(a) : (1) When the office applies to the United States Department of Energy for the funding for the program as described in the state plan; (2) At the midyear point of the program to show the statistics relating to budgeting, enrollment, and other information relating to the program; and (3) At the end of the year of the program to show the total impact of the program and to discuss the renewal application for the funding for the program as described in the state plan. Added by Act 2019, No. 790,§ 1, eff. 7/24/2019.

The Arkansas Energy Office of the Division of Environmental Quality shall report to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor concerning the Weatherization Assistance Program as transferred to the office under § 25-14-103 and as authorized under § 15-10-205(a) :

(1) When the office applies to the United States Department of Energy for the funding for the program as described in the state plan;

(2) At the midyear point of the program to show the statistics relating to budgeting, enrollment, and other information relating to the program; and

(3) At the end of the year of the program to show the total impact of the program and to discuss the renewal application for the funding for the program as described in the state plan.

Added by Act 2019, No. 790,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 15-72-317 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-317
Findings to support order requiring salt water disposal unit operation
Status: in_force

(a) If, after hearing and considering the petition and evidence offered in support thereof, the Oil and Gas Commission makes the following findings, it shall issue an order requiring salt water disposal unit operation in accordance with the terms of the proposed unit operating agreement: (1) The proposed salt water disposal unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition, owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil and gas from the total proposed unit area and by persons who at that time, owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil and gas produced from the entire unit area; (2) Salt water disposal unit operation of the pool proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and (3) The value of the additional oil and gas to be recovered from the proposed unit area as a result of the proposed salt water disposal unit operation will exceed the additional cost incident to conducting the operation. (b) The order and the provisions of the salt water disposal unit operating agreement shall, thereafter, be effective as to and binding upon each person owning an interest in the unit area, or in oil or gas produced therefrom or the proceeds thereof. (c) With respect to an interest which is encumbered of record with a mortgage or deed of trust, both the grantor and grantee therein shall, for the purposes of subdivision (a)(1) of this section be considered as the record owner of legal title thereto. However, when the instrument gives the grantor in mortgage or deed of trust the right to execute such a unit agreement, the grantor shall for this purpose be deemed the record owner. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.

(a) If, after hearing and considering the petition and evidence offered in support thereof, the Oil and Gas Commission makes the following findings, it shall issue an order requiring salt water disposal unit operation in accordance with the terms of the proposed unit operating agreement: (1) The proposed salt water disposal unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition, owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil and gas from the total proposed unit area and by persons who at that time, owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil and gas produced from the entire unit area; (2) Salt water disposal unit operation of the pool proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and (3) The value of the additional oil and gas to be recovered from the proposed unit area as a result of the proposed salt water disposal unit operation will exceed the additional cost incident to conducting the operation.

(1) The proposed salt water disposal unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition, owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil and gas from the total proposed unit area and by persons who at that time, owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil and gas produced from the entire unit area;

(2) Salt water disposal unit operation of the pool proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and

(3) The value of the additional oil and gas to be recovered from the proposed unit area as a result of the proposed salt water disposal unit operation will exceed the additional cost incident to conducting the operation.

(b) The order and the provisions of the salt water disposal unit operating agreement shall, thereafter, be effective as to and binding upon each person owning an interest in the unit area, or in oil or gas produced therefrom or the proceeds thereof.

(c) With respect to an interest which is encumbered of record with a mortgage or deed of trust, both the grantor and grantee therein shall, for the purposes of subdivision (a)(1) of this section be considered as the record owner of legal title thereto. However, when the instrument gives the grantor in mortgage or deed of trust the right to execute such a unit agreement, the grantor shall for this purpose be deemed the record owner.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-11-702 — AR Code / Title 15 / Chapter 11 / Subchapter 7 / Section 15-11-702
Findings
Status: in_force

The General Assembly finds that: (1) Arkansas is a state of natural cultural and scenic beauty, natural resources, and wildlife; (2) Enjoyment of the natural cultural and scenic beauty, the natural resources, and the observation of wildlife in Arkansas is a favorite pastime of many; (3) There will be a positive impact on the physical, intellectual, and emotional development of our youth through enhanced access to the state's natural resources and wildlife by establishing wildlife observation trails in local communities; (4) The potential for growth in the tourism sector of the economy through the development of wildlife observation trails is significant; (5) The growth of the economy through the development of wildlife observation trails is "green growth" that is good for the environment; (6) The development of wildlife observation trails is also good for encouraging and promoting a healthy lifestyle for our citizens; (7) Wildlife observation trails rank high among the list of local amenities that an industry desires when it considers locating within the state; (8) In permitted hunting and fishing areas of the state, the creation of wildlife observation trials can improve access to those activities; and (9) The Department of Parks, Heritage, and Tourism and the Arkansas State Game and Fish Commission are interested in continuing a Wildlife Observation Trails Pilot Program to ignite interest in the natural cultural and scenic beauty and natural resources of Arkansas and to promote economic development in a healthy and environmentally sound manner. Amended by Act 2019, No. 910,§ 5649, eff. 7/1/2019. Acts 2009, No. 686, § 1; 2011, No. 1041, § 2.

The General Assembly finds that:

(1) Arkansas is a state of natural cultural and scenic beauty, natural resources, and wildlife;

(2) Enjoyment of the natural cultural and scenic beauty, the natural resources, and the observation of wildlife in Arkansas is a favorite pastime of many;

(3) There will be a positive impact on the physical, intellectual, and emotional development of our youth through enhanced access to the state's natural resources and wildlife by establishing wildlife observation trails in local communities;

(4) The potential for growth in the tourism sector of the economy through the development of wildlife observation trails is significant;

(5) The growth of the economy through the development of wildlife observation trails is "green growth" that is good for the environment;

(6) The development of wildlife observation trails is also good for encouraging and promoting a healthy lifestyle for our citizens;

(7) Wildlife observation trails rank high among the list of local amenities that an industry desires when it considers locating within the state;

(8) In permitted hunting and fishing areas of the state, the creation of wildlife observation trials can improve access to those activities; and

(9) The Department of Parks, Heritage, and Tourism and the Arkansas State Game and Fish Commission are interested in continuing a Wildlife Observation Trails Pilot Program to ignite interest in the natural cultural and scenic beauty and natural resources of Arkansas and to promote economic development in a healthy and environmentally sound manner.

Amended by Act 2019, No. 910,§ 5649, eff. 7/1/2019.

Acts 2009, No. 686, § 1; 2011, No. 1041, § 2.
Ark. Code Ann. § 15-10-402 — AR Code / Title 15 / Chapter 10 / Subchapter 4 / Section 15-10-402
Arkansas board members
Status: in_force

(a) The three (3) Arkansas members on the Southern States Energy Board shall be selected as follows: (1) The Governor shall be ex officio a member of the board, or the Governor, at his or her discretion, may name some other resident elector of this state to serve on the board in his or her place, to serve at the pleasure of the Governor; (2) (A) The Speaker of the House of Representatives shall appoint one (1) resident elector of this state to serve on the board. (B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed; and (3) (A) The President Pro Tempore of the Senate shall appoint one (1) resident elector of this state to serve on the board. (B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed. (b) Vacancies on the board shall be filled in the manner provided herein for the initial appointment. (c) (1) Members of the board appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall be reimbursed for their reasonable and necessary expenses for meals, lodging, travel, and related expenses for attending board meetings, with these expenses to be paid from funds available to the house of the member of the General Assembly appointing the respective member of the board. (2) (A) The Governor or the member of the board appointed to serve in the place of the Governor shall be reimbursed for travel expenses in attending board meetings. (B) These expenses shall be payable from funds available for the support of the Governor's office or from funds available to a state agency if the member appointed to serve on the board in the place of the Governor is an official or employee of a state agency. Amended by Act 2013, No. 1287,§ 3, eff. 8/16/2013. Acts 1961, No. 429, § 2; 1979, No. 1112, § 2; A.S.A. 1947, § 9-1102; Acts 1997, No. 1357, § 2.

(a) The three (3) Arkansas members on the Southern States Energy Board shall be selected as follows: (1) The Governor shall be ex officio a member of the board, or the Governor, at his or her discretion, may name some other resident elector of this state to serve on the board in his or her place, to serve at the pleasure of the Governor; (2) (A) The Speaker of the House of Representatives shall appoint one (1) resident elector of this state to serve on the board. (B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed; and (3) (A) The President Pro Tempore of the Senate shall appoint one (1) resident elector of this state to serve on the board. (B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed.

(1) The Governor shall be ex officio a member of the board, or the Governor, at his or her discretion, may name some other resident elector of this state to serve on the board in his or her place, to serve at the pleasure of the Governor;

(2) (A) The Speaker of the House of Representatives shall appoint one (1) resident elector of this state to serve on the board. (B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed; and

(A) The Speaker of the House of Representatives shall appoint one (1) resident elector of this state to serve on the board.

(B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed; and

(3) (A) The President Pro Tempore of the Senate shall appoint one (1) resident elector of this state to serve on the board. (B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed.

(A) The President Pro Tempore of the Senate shall appoint one (1) resident elector of this state to serve on the board.

(B) This member shall serve until the convening of the next regular session of the General Assembly or until his or her successor is appointed.

(b) Vacancies on the board shall be filled in the manner provided herein for the initial appointment.

(c) (1) Members of the board appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall be reimbursed for their reasonable and necessary expenses for meals, lodging, travel, and related expenses for attending board meetings, with these expenses to be paid from funds available to the house of the member of the General Assembly appointing the respective member of the board. (2) (A) The Governor or the member of the board appointed to serve in the place of the Governor shall be reimbursed for travel expenses in attending board meetings. (B) These expenses shall be payable from funds available for the support of the Governor's office or from funds available to a state agency if the member appointed to serve on the board in the place of the Governor is an official or employee of a state agency.

(1) Members of the board appointed by the Speaker of the House of Representatives and the President Pro Tempore of the Senate shall be reimbursed for their reasonable and necessary expenses for meals, lodging, travel, and related expenses for attending board meetings, with these expenses to be paid from funds available to the house of the member of the General Assembly appointing the respective member of the board.

(2) (A) The Governor or the member of the board appointed to serve in the place of the Governor shall be reimbursed for travel expenses in attending board meetings. (B) These expenses shall be payable from funds available for the support of the Governor's office or from funds available to a state agency if the member appointed to serve on the board in the place of the Governor is an official or employee of a state agency.

(A) The Governor or the member of the board appointed to serve in the place of the Governor shall be reimbursed for travel expenses in attending board meetings.

(B) These expenses shall be payable from funds available for the support of the Governor's office or from funds available to a state agency if the member appointed to serve on the board in the place of the Governor is an official or employee of a state agency.

Amended by Act 2013, No. 1287,§ 3, eff. 8/16/2013.

Acts 1961, No. 429, § 2; 1979, No. 1112, § 2; A.S.A. 1947, § 9-1102; Acts 1997, No. 1357, § 2.
Ark. Code Ann. § 15-22-716 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-716
Tax exemption - Legal investment
Status: in_force

(a) All bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds. Acts 1987, No. 686, § 12.

(a) All bonds issued under this subchapter and interest on the bonds shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.

(b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

Acts 1987, No. 686, § 12.
Ark. Code Ann. § 15-75-111 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-111
Discretionary suspension of inspection and registration fees
Status: in_force

(a) If the balance of the Liquefied Petroleum Gas Fund exceeds five hundred thousand dollars ($500,000), the Liquefied Petroleum Gas Board shall have the discretion to dispense with all inspection and registration fees. (b) The board's decision to dispense with inspection and registration fees under this section is effective for the fiscal year following the board's decision. Amended by Act 2023, No. 349,§ 1, eff. 8/1/2023. Acts 1997, No. 1277, § 5.

(a) If the balance of the Liquefied Petroleum Gas Fund exceeds five hundred thousand dollars ($500,000), the Liquefied Petroleum Gas Board shall have the discretion to dispense with all inspection and registration fees.

(b) The board's decision to dispense with inspection and registration fees under this section is effective for the fiscal year following the board's decision.

Amended by Act 2023, No. 349,§ 1, eff. 8/1/2023.

Acts 1997, No. 1277, § 5.
Ark. Code Ann. § 15-4-3212 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3212
Sale and price of bonds
Status: in_force

(a) The bonds may be sold in the manner, either at public or private sale, and upon terms determined by the Arkansas Development Finance Authority to be reasonable and expedient for effectuating the purposes of Arkansas Constitution, Amendment 82, and this subchapter. (b) The bonds may be sold at the price the authority determines acceptable, including sale at a discount or a premium. (c) (1) If the bonds are to be sold at public sale, the authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made. (2) The authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected. (d) The authority may employ administrative agents, fiscal agents, underwriters, architects, accountants, engineers, and legal counsel and may pay them reasonable compensation from the proceeds of the bonds. (e) (1) The authority may structure the sale of bonds using financing techniques recommended by its underwriters or other professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of Arkansas Constitution, Amendment 82, and this subchapter. (2) (A) In furtherance of this authorization, the authority may enter into ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable. (B) Ancillary agreements may include, without limitation: (i) Bond purchase agreements; (ii) Remarketing agreements; (iii) Letters of credit; or (iv) Reimbursement agreements. (3) The authority may also enter into interest rate exchange agreements or similar agreements or contracts with any person on a competitive or negotiated basis under terms or conditions determined by the authority, but in compliance with § 15-5-317 . (f) After funding any necessary reserve or reserves, the proceeds from the sale of the bonds may be used to pay: (1) The fees of any trustee or paying agent; (2) The costs of publication of notices; (3) The costs of printing the bonds; (4) The costs of publication and printing of official statements and other documents relating to the sale of the bonds; (5) The fees of any nationally recognized rating agency; (6) The fees of the issuer; (7) The fees of the guarantor; (8) Project costs; and (9) Other reasonable costs incurred by the authority for issuing and selling the bonds. Acts 2005, No. 1981, § 1.

(a) The bonds may be sold in the manner, either at public or private sale, and upon terms determined by the Arkansas Development Finance Authority to be reasonable and expedient for effectuating the purposes of Arkansas Constitution, Amendment 82, and this subchapter.

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

(c) (1) If the bonds are to be sold at public sale, the authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made. (2) The authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.

(1) If the bonds are to be sold at public sale, the authority shall give notice of the offering of the bonds in a manner reasonably designed to notify participants in the public finance industry that the offering is being made.

(2) The authority shall set the terms and conditions of bidding, including the basis on which the winning bid will be selected.

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

(e) (1) The authority may structure the sale of bonds using financing techniques recommended by its underwriters or other professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of Arkansas Constitution, Amendment 82, and this subchapter. (2) (A) In furtherance of this authorization, the authority may enter into ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable. (B) Ancillary agreements may include, without limitation: (i) Bond purchase agreements; (ii) Remarketing agreements; (iii) Letters of credit; or (iv) Reimbursement agreements. (3) The authority may also enter into interest rate exchange agreements or similar agreements or contracts with any person on a competitive or negotiated basis under terms or conditions determined by the authority, but in compliance with § 15-5-317 .

(1) The authority may structure the sale of bonds using financing techniques recommended by its underwriters or other professional advisors in order to take advantage of market conditions and obtain the most favorable interest rates consistent with the purposes of Arkansas Constitution, Amendment 82, and this subchapter.

(2) (A) In furtherance of this authorization, the authority may enter into ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable. (B) Ancillary agreements may include, without limitation: (i) Bond purchase agreements; (ii) Remarketing agreements; (iii) Letters of credit; or (iv) Reimbursement agreements.

(A) In furtherance of this authorization, the authority may enter into ancillary agreements in connection with the sale of the bonds as it deems necessary and advisable.

(B) Ancillary agreements may include, without limitation: (i) Bond purchase agreements; (ii) Remarketing agreements; (iii) Letters of credit; or (iv) Reimbursement agreements.

(i) Bond purchase agreements;

(ii) Remarketing agreements;

(iii) Letters of credit; or

(iv) Reimbursement agreements.

(3) The authority may also enter into interest rate exchange agreements or similar agreements or contracts with any person on a competitive or negotiated basis under terms or conditions determined by the authority, but in compliance with § 15-5-317 .

(f) After funding any necessary reserve or reserves, the proceeds from the sale of the bonds may be used to pay: (1) The fees of any trustee or paying agent; (2) The costs of publication of notices; (3) The costs of printing the bonds; (4) The costs of publication and printing of official statements and other documents relating to the sale of the bonds; (5) The fees of any nationally recognized rating agency; (6) The fees of the issuer; (7) The fees of the guarantor; (8) Project costs; and (9) Other reasonable costs incurred by the authority for issuing and selling the bonds.

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

(2) The costs of publication of notices;

(3) The costs of printing the bonds;

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

(5) The fees of any nationally recognized rating agency;

(6) The fees of the issuer;

(7) The fees of the guarantor;

(8) Project costs; and

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

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-31-109 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-109
Receipt and use of grants and aids
Status: in_force

(a) (1) The Arkansas Forestry Commission is authorized and empowered to receive any moneys arising from federal means, grants, contributions, gratuities, or reimbursements or contributions, grants, or gratuities donated by private persons or corporations, and all moneys so received shall be deposited into the State Treasury to the credit of the State Forestry Fund unless provision shall have otherwise been made by the respective federal agencies, private persons, or corporations furnishing the funds. (2) However, in the event the General Assembly fails to appropriate any moneys for the use of the commission or in the event the specified use of any moneys precludes its deposit into the State Treasury, the commission is authorized and empowered to establish accounts in its name in one (1) or more banks and to deposit therein and withdraw therefrom any moneys for the purposes for which granted, donated, or received. (b) Subject to the provisions of subsection (a) of this section, all moneys set aside in banks for the purposes stated in subdivision (a)(2) of this section shall be credited to the fund in the State Treasury. Acts 1953, No. 42, § 11; 1955, No. 99, § 5; A.S.A. 1947, § 9-701.10.

(a) (1) The Arkansas Forestry Commission is authorized and empowered to receive any moneys arising from federal means, grants, contributions, gratuities, or reimbursements or contributions, grants, or gratuities donated by private persons or corporations, and all moneys so received shall be deposited into the State Treasury to the credit of the State Forestry Fund unless provision shall have otherwise been made by the respective federal agencies, private persons, or corporations furnishing the funds. (2) However, in the event the General Assembly fails to appropriate any moneys for the use of the commission or in the event the specified use of any moneys precludes its deposit into the State Treasury, the commission is authorized and empowered to establish accounts in its name in one (1) or more banks and to deposit therein and withdraw therefrom any moneys for the purposes for which granted, donated, or received.

(1) The Arkansas Forestry Commission is authorized and empowered to receive any moneys arising from federal means, grants, contributions, gratuities, or reimbursements or contributions, grants, or gratuities donated by private persons or corporations, and all moneys so received shall be deposited into the State Treasury to the credit of the State Forestry Fund unless provision shall have otherwise been made by the respective federal agencies, private persons, or corporations furnishing the funds.

(2) However, in the event the General Assembly fails to appropriate any moneys for the use of the commission or in the event the specified use of any moneys precludes its deposit into the State Treasury, the commission is authorized and empowered to establish accounts in its name in one (1) or more banks and to deposit therein and withdraw therefrom any moneys for the purposes for which granted, donated, or received.

(b) Subject to the provisions of subsection (a) of this section, all moneys set aside in banks for the purposes stated in subdivision (a)(2) of this section shall be credited to the fund in the State Treasury.

Acts 1953, No. 42, § 11; 1955, No. 99, § 5; A.S.A. 1947, § 9-701.10.
Ark. Code Ann. § 15-58-507 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-507
Termination of permit
Status: in_force

(a) A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by the permit within three (3) years of the issuance of the permit. (b) (1) The director may grant reasonable extensions of time upon a showing that extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee. (2) With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the person shall be deemed to have commenced surface mining operations when the construction of the synthetic fuel or generating facility is initiated. Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.

(a) A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by the permit within three (3) years of the issuance of the permit.

(b) (1) The director may grant reasonable extensions of time upon a showing that extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee. (2) With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the person shall be deemed to have commenced surface mining operations when the construction of the synthetic fuel or generating facility is initiated.

(1) The director may grant reasonable extensions of time upon a showing that extensions are necessary by reason of litigation precluding such commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee.

(2) With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the person shall be deemed to have commenced surface mining operations when the construction of the synthetic fuel or generating facility is initiated.

Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Ark. Code Ann. § 15-75-109 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-109
Liability of persons rendering aid with respect to accidents involving transportation of compressed gases
Status: in_force

(a) Notwithstanding any provisions of law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of spillage, seepage, fire, explosion, or other release of compressed gases, or the possibility thereof, during the course of transportation of those gases by any mode whatsoever, including loading and unloading. (b) Notwithstanding any other provision of this section to the contrary, the civil immunity granted by this section shall not extend to any individual, partnership, corporation, association, or other entity engaged in the business of the transportation of compressed gases or to any of their employees. (c) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence. Acts 1981, No. 839, §§ 1-3; A.S.A. 1947, §§ 53-1401 -- 53-1403.

(a) Notwithstanding any provisions of law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of spillage, seepage, fire, explosion, or other release of compressed gases, or the possibility thereof, during the course of transportation of those gases by any mode whatsoever, including loading and unloading.

(b) Notwithstanding any other provision of this section to the contrary, the civil immunity granted by this section shall not extend to any individual, partnership, corporation, association, or other entity engaged in the business of the transportation of compressed gases or to any of their employees.

(c) This section shall not preclude liability for civil damages as the result of gross negligence or intentional misconduct. Reckless, willful, or wanton misconduct shall constitute gross negligence.

Acts 1981, No. 839, §§ 1-3; A.S.A. 1947, §§ 53-1401 -- 53-1403.
Ark. Code Ann. § 15-14-106 — AR Code / Title 15 / Chapter 14 / Section 15-14-106
Recertification
Status: in_force

An Arkansas retirement community's certification under § 15-14-105 expires on the fifth anniversary of the date the initial certification is issued. To be considered for recertification by the Arkansas Association of Development Organizations, an Arkansas retirement community must: (1) Complete and submit a new application in accordance with the requirements of § 15-14-104(a) ; and (2) Submit data demonstrating the success or failure of the Arkansas retirement community's efforts to market and promote itself as a desirable location for retirees and potential retirees. Acts 2007, No. 808, § 1; 2011, No. 1048, § 5.

An Arkansas retirement community's certification under § 15-14-105 expires on the fifth anniversary of the date the initial certification is issued. To be considered for recertification by the Arkansas Association of Development Organizations, an Arkansas retirement community must:

(1) Complete and submit a new application in accordance with the requirements of § 15-14-104(a) ; and

(2) Submit data demonstrating the success or failure of the Arkansas retirement community's efforts to market and promote itself as a desirable location for retirees and potential retirees.

Acts 2007, No. 808, § 1; 2011, No. 1048, § 5.
Ark. Code Ann. § 15-5-909 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-909
Definitions
Status: in_force

As used in this subchapter: (1) "Administrative account" means the Construction Assistance Administrative Account established by this subchapter within the Construction Assistance Revolving Loan Fund; (2) "Authority" means the Arkansas Development Finance Authority or any successor agency or commission of the state; (3) "Clean Water Act" means the Federal Water Pollution Control Act of 1972, as amended by the federal Water Quality Act of 1987; (4) "Commission" means the Arkansas Natural Resources Commission or a successor agency or commission of the state; (5) [Repealed.] (6) "Federal environmental acts" means the Clean Water Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act, the Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act; (7) "Fund" means the Construction Assistance Revolving Loan Fund established by this subchapter; (8) "Owner" means the owner or prospective owner of an environmental project, excluding any federal agencies; (9) "Revolving loan account" means the Construction Assistance Revolving Loan Fund Account established by this subchapter within the fund; (10) "State" means the State of Arkansas; and (11) "State Grants Account" means the State Grants Account established by this subchapter within the fund. Amended by Act 2019, No. 910,§ 3045, eff. 7/1/2019. Acts 2003, No. 548, § 3; 2009, No. 458, § 9.

As used in this subchapter:

(1) "Administrative account" means the Construction Assistance Administrative Account established by this subchapter within the Construction Assistance Revolving Loan Fund;

(2) "Authority" means the Arkansas Development Finance Authority or any successor agency or commission of the state;

(3) "Clean Water Act" means the Federal Water Pollution Control Act of 1972, as amended by the federal Water Quality Act of 1987;

(4) "Commission" means the Arkansas Natural Resources Commission or a successor agency or commission of the state;

(5) [Repealed.]

(6) "Federal environmental acts" means the Clean Water Act, the Safe Drinking Water Act, the Resource Conservation and Recovery Act, the Clean Air Act, and the Comprehensive Environmental Response, Compensation, and Liability Act;

(7) "Fund" means the Construction Assistance Revolving Loan Fund established by this subchapter;

(8) "Owner" means the owner or prospective owner of an environmental project, excluding any federal agencies;

(9) "Revolving loan account" means the Construction Assistance Revolving Loan Fund Account established by this subchapter within the fund;

(10) "State" means the State of Arkansas; and

(11) "State Grants Account" means the State Grants Account established by this subchapter within the fund.

Amended by Act 2019, No. 910,§ 3045, eff. 7/1/2019.

Acts 2003, No. 548, § 3; 2009, No. 458, § 9.
Ark. Code Ann. § 15-4-1207 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1207
Liability of directors, officers, managers, and members
Status: in_force

The directors and officers of a corporation organized under the provisions of this subchapter and the managers and members of a limited liability company organized under the provisions of this subchapter shall not be responsible for losses of assets of the company unless the losses shall have been occasioned by the willful misconduct of such directors, officers, managers, or members. Acts 1991, No. 1029, § 14; 1999, No. 37, § 6.

The directors and officers of a corporation organized under the provisions of this subchapter and the managers and members of a limited liability company organized under the provisions of this subchapter shall not be responsible for losses of assets of the company unless the losses shall have been occasioned by the willful misconduct of such directors, officers, managers, or members.

Acts 1991, No. 1029, § 14; 1999, No. 37, § 6.
Ark. Code Ann. § 15-75-112 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-112
Affirmative defense
Status: in_force

(a) As used in this section: (1) "Liquefied petroleum gas equipment" means any appliance, equipment, or piping system that uses, stores, or transports liquefied petroleum gas; and (2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling liquefied petroleum gas. (b) A liquefied petroleum gas provider shall have an affirmative defense to any action for civil liability for damage or injury caused by: (1) An alteration or modification of liquefied petroleum gas equipment that is not reasonably foreseeable by the provider and causes the liquefied petroleum gas equipment to be unsafe for use in its altered or modified form; or (2) The end-user's use of liquefied petroleum gas equipment if: (A) It is outside the manner or purpose that it could reasonably be intended to be used or renders the liquefied petroleum gas equipment unsafe; and (B) The liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment provides a reasonable warning about the consequences of misusing the liquefied petroleum gas equipment. Acts 2007, No. 119, § 1; 2009, No. 481, § 9.

(a) As used in this section: (1) "Liquefied petroleum gas equipment" means any appliance, equipment, or piping system that uses, stores, or transports liquefied petroleum gas; and (2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling liquefied petroleum gas.

(1) "Liquefied petroleum gas equipment" means any appliance, equipment, or piping system that uses, stores, or transports liquefied petroleum gas; and

(2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling liquefied petroleum gas.

(b) A liquefied petroleum gas provider shall have an affirmative defense to any action for civil liability for damage or injury caused by: (1) An alteration or modification of liquefied petroleum gas equipment that is not reasonably foreseeable by the provider and causes the liquefied petroleum gas equipment to be unsafe for use in its altered or modified form; or (2) The end-user's use of liquefied petroleum gas equipment if: (A) It is outside the manner or purpose that it could reasonably be intended to be used or renders the liquefied petroleum gas equipment unsafe; and (B) The liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment provides a reasonable warning about the consequences of misusing the liquefied petroleum gas equipment.

(1) An alteration or modification of liquefied petroleum gas equipment that is not reasonably foreseeable by the provider and causes the liquefied petroleum gas equipment to be unsafe for use in its altered or modified form; or

(2) The end-user's use of liquefied petroleum gas equipment if: (A) It is outside the manner or purpose that it could reasonably be intended to be used or renders the liquefied petroleum gas equipment unsafe; and (B) The liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment provides a reasonable warning about the consequences of misusing the liquefied petroleum gas equipment.

(A) It is outside the manner or purpose that it could reasonably be intended to be used or renders the liquefied petroleum gas equipment unsafe; and

(B) The liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment provides a reasonable warning about the consequences of misusing the liquefied petroleum gas equipment.

Acts 2007, No. 119, § 1; 2009, No. 481, § 9.
Ark. Code Ann. § 15-4-522 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-522
Refunding obligations
Status: in_force

(a) Any corporation organized under this act shall have the right to refund its outstanding obligations at any time. (b) All refunding obligations shall state on their face that they are refunding obligations, and no refunding obligations shall be issued until the debt refunded is cancelled simultaneously with the issue of the refunding obligations, either: (1) By the surrender of the obligations being refunded; or (2) If the outstanding obligations are redeemable before maturity and have been called for redemption, by the deposit of the money for their payment on presentation according to the terms of the call, in trust, with the paying agent for the obligations to be refunded; or (3) By a combination of methods set out in subdivisions (b)(1) and (2) of this section. Acts 1955, No. 404, § 33; 1957, No. 47, § 11; A.S.A. 1947, § 9-536; Acts 1997, No. 339, §§ 10, 11; 1997, No. 540, § 76.

(a) Any corporation organized under this act shall have the right to refund its outstanding obligations at any time.

(b) All refunding obligations shall state on their face that they are refunding obligations, and no refunding obligations shall be issued until the debt refunded is cancelled simultaneously with the issue of the refunding obligations, either: (1) By the surrender of the obligations being refunded; or (2) If the outstanding obligations are redeemable before maturity and have been called for redemption, by the deposit of the money for their payment on presentation according to the terms of the call, in trust, with the paying agent for the obligations to be refunded; or (3) By a combination of methods set out in subdivisions (b)(1) and (2) of this section.

(1) By the surrender of the obligations being refunded; or

(2) If the outstanding obligations are redeemable before maturity and have been called for redemption, by the deposit of the money for their payment on presentation according to the terms of the call, in trust, with the paying agent for the obligations to be refunded; or

(3) By a combination of methods set out in subdivisions (b)(1) and (2) of this section.

Acts 1955, No. 404, § 33; 1957, No. 47, § 11; A.S.A. 1947, § 9-536; Acts 1997, No. 339, §§ 10, 11; 1997, No. 540, § 76.
Ark. Code Ann. § 15-4-2704 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2704
Tier system
Status: in_force

(a) The Arkansas Economic Development Commission shall establish a tier system that shall rank all seventy-five (75) counties of this state into four (4) divisions on the basis of economic prosperity. (b) Tier 4 shall be the least prosperous division and tier 1 shall be the most prosperous division. (c) The assignment of a county to a tier shall be based on a ranking of: (1) Unemployment rate; (2) Poverty rate; (3) Per capita personal income; and (4) Population change. (d) The commission shall: (1) Update ranking statistics annually; and (2) Place counties into tiers based on the updated statistics. (e) (1) A county that has experienced a sudden and severe period of economic distress caused by a closure of one (1) or more businesses or a mass layoff at one (1) or more businesses, or both, as documented by notice provided under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., as it existed on January 1, 2019, that results in the loss of a minimum of five percent (5%) of the county's employed labor force may be moved down one (1) tier upon written request by the county judge of the affected county and approval by the Director of the Arkansas Economic Development Commission. (2) The five-percent threshold stated in subdivision (e)(1) of this section shall be evidenced by calculating the highest percentage difference in employment between the county's: (A) Current monthly, not seasonally, adjusted total employed labor force; and (B) Each of the following: (i) The previous monthly, not seasonally, adjusted total employed labor force; (ii) The most recent annually, not seasonally, adjusted total employed labor force; or (iii) The monthly, not seasonally, adjusted total employed labor force for the same month of the previous year. (3) If the director approves a county's move to a higher tier, a qualified business that has signed a financial incentive agreement with the commission dated before the director's action shall receive the incentives that were assigned to the county to which it located at the time the financial incentive agreement was signed, regardless of any subsequent change to the tier. (4) A tier increase approved under this subsection remains in effect until the annual tier rankings are updated under subsection (d) of this section. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 398, eff. 7/1/2019. Acts 2003, No. 182, § 1; 2005, No. 1296, § 2.

(a) The Arkansas Economic Development Commission shall establish a tier system that shall rank all seventy-five (75) counties of this state into four (4) divisions on the basis of economic prosperity.

(b) Tier 4 shall be the least prosperous division and tier 1 shall be the most prosperous division.

(c) The assignment of a county to a tier shall be based on a ranking of: (1) Unemployment rate; (2) Poverty rate; (3) Per capita personal income; and (4) Population change.

(1) Unemployment rate;

(2) Poverty rate;

(3) Per capita personal income; and

(4) Population change.

(d) The commission shall: (1) Update ranking statistics annually; and (2) Place counties into tiers based on the updated statistics.

(1) Update ranking statistics annually; and

(2) Place counties into tiers based on the updated statistics.

(e) (1) A county that has experienced a sudden and severe period of economic distress caused by a closure of one (1) or more businesses or a mass layoff at one (1) or more businesses, or both, as documented by notice provided under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., as it existed on January 1, 2019, that results in the loss of a minimum of five percent (5%) of the county's employed labor force may be moved down one (1) tier upon written request by the county judge of the affected county and approval by the Director of the Arkansas Economic Development Commission. (2) The five-percent threshold stated in subdivision (e)(1) of this section shall be evidenced by calculating the highest percentage difference in employment between the county's: (A) Current monthly, not seasonally, adjusted total employed labor force; and (B) Each of the following: (i) The previous monthly, not seasonally, adjusted total employed labor force; (ii) The most recent annually, not seasonally, adjusted total employed labor force; or (iii) The monthly, not seasonally, adjusted total employed labor force for the same month of the previous year. (3) If the director approves a county's move to a higher tier, a qualified business that has signed a financial incentive agreement with the commission dated before the director's action shall receive the incentives that were assigned to the county to which it located at the time the financial incentive agreement was signed, regardless of any subsequent change to the tier. (4) A tier increase approved under this subsection remains in effect until the annual tier rankings are updated under subsection (d) of this section.

(1) A county that has experienced a sudden and severe period of economic distress caused by a closure of one (1) or more businesses or a mass layoff at one (1) or more businesses, or both, as documented by notice provided under the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq., as it existed on January 1, 2019, that results in the loss of a minimum of five percent (5%) of the county's employed labor force may be moved down one (1) tier upon written request by the county judge of the affected county and approval by the Director of the Arkansas Economic Development Commission.

(2) The five-percent threshold stated in subdivision (e)(1) of this section shall be evidenced by calculating the highest percentage difference in employment between the county's: (A) Current monthly, not seasonally, adjusted total employed labor force; and (B) Each of the following: (i) The previous monthly, not seasonally, adjusted total employed labor force; (ii) The most recent annually, not seasonally, adjusted total employed labor force; or (iii) The monthly, not seasonally, adjusted total employed labor force for the same month of the previous year.

(A) Current monthly, not seasonally, adjusted total employed labor force; and

(B) Each of the following: (i) The previous monthly, not seasonally, adjusted total employed labor force; (ii) The most recent annually, not seasonally, adjusted total employed labor force; or (iii) The monthly, not seasonally, adjusted total employed labor force for the same month of the previous year.

(i) The previous monthly, not seasonally, adjusted total employed labor force;

(ii) The most recent annually, not seasonally, adjusted total employed labor force; or

(iii) The monthly, not seasonally, adjusted total employed labor force for the same month of the previous year.

(3) If the director approves a county's move to a higher tier, a qualified business that has signed a financial incentive agreement with the commission dated before the director's action shall receive the incentives that were assigned to the county to which it located at the time the financial incentive agreement was signed, regardless of any subsequent change to the tier.

(4) A tier increase approved under this subsection remains in effect until the annual tier rankings are updated under subsection (d) of this section.

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

Amended by Act 2019, No. 910,§ 398, eff. 7/1/2019.

Acts 2003, No. 182, § 1; 2005, No. 1296, § 2.
Ark. Code Ann. § 15-22-617 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-617
Tax exemption - Legal investment
Status: in_force

(a) All bonds issued under this subchapter and interest thereon shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds. Acts 1981, No. 496, § 12; A.S.A. 1947, § 21-2312.

(a) All bonds issued under this subchapter and interest thereon shall be exempt from all taxes of the State of Arkansas, including income, inheritance, and property taxes.

(b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of municipal, county, bank, fiduciary, insurance company, and trust funds.

Acts 1981, No. 496, § 12; A.S.A. 1947, § 21-2312.
Ark. Code Ann. § 15-22-503 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-503
Arkansas Water Plan
Status: in_force

(a) Under such rules as it may adopt, the Arkansas Natural Resources Commission is charged with the duty of preparing, developing, formulating, and engaging in a comprehensive program for the orderly development and management of the state's water and related land resources, to be referred to as the "Arkansas Water Plan". (b) The Arkansas Natural Resources Commission shall be governed in its preparation of the plan by a regard for the public interest of the entire state. It shall direct its efforts to protect the water resources of the state, including boundary waters, against unwarranted encroachments by other states and the United States upon its sovereignty with respect thereto. Any attempt to transport or export any of such waters against the best interests of the State of Arkansas and its inhabitants shall be strongly opposed. (c) The plan shall give due consideration to existing water rights of the state and its inhabitants and shall take into account modes and procedures for the equitable adjustment of individual water rights affected by the implementation of the plan. The plan shall be the state policy for the development of water and related land resources in this state and, from time to time, shall be altered, amended, or repealed to the extent necessary for the proper administration of the state's water resources. (d) All state agencies, commissions, and political subdivisions shall take the plan into consideration in all matters pertaining to the discharge of their respective duties and responsibilities as they may affect the comprehensive plan, but nothing in the plan shall be construed as to impair any water right existing under the laws of this state. (e) (1) No political subdivision or agency of the state shall spend any state funds on or engage in any water development project, excluding any water development project in which game protection funds or federal or state outdoor recreation assistance grant funds are to be spent, provided that such a project will not diminish the benefits of any existing water development project, until a preliminary survey and report therefor which sets forth the purpose of the water development project, the benefits to be expected, the general nature of the works of improvement, the geographic area to be served by the water development project, the necessity, feasibility, and the estimated cost thereof is filed with the commission and is approved by the Arkansas Natural Resources Commission to be in compliance with the plan. (2) Upon approval of the report, no political subdivision or agency board or commission thereof filing the report or designated by the Arkansas Natural Resources Commission as having responsibility for constructing, operating, managing, and maintaining the improvement shall be dissolved, merged, abolished, or otherwise changed during the life of the water development project without prior approval of the Arkansas Natural Resources Commission. Amended by Act 2019, No. 315,§ 1135, eff. 7/24/2019. Acts 1969, No. 217, § 2; 1973, No. 584, § 2; A.S.A. 1947, § 21-1318; Acts 1989, No. 469, § 3; 2007, No. 691, § 2.

(a) Under such rules as it may adopt, the Arkansas Natural Resources Commission is charged with the duty of preparing, developing, formulating, and engaging in a comprehensive program for the orderly development and management of the state's water and related land resources, to be referred to as the "Arkansas Water Plan".

(b) The Arkansas Natural Resources Commission shall be governed in its preparation of the plan by a regard for the public interest of the entire state. It shall direct its efforts to protect the water resources of the state, including boundary waters, against unwarranted encroachments by other states and the United States upon its sovereignty with respect thereto. Any attempt to transport or export any of such waters against the best interests of the State of Arkansas and its inhabitants shall be strongly opposed.

(c) The plan shall give due consideration to existing water rights of the state and its inhabitants and shall take into account modes and procedures for the equitable adjustment of individual water rights affected by the implementation of the plan. The plan shall be the state policy for the development of water and related land resources in this state and, from time to time, shall be altered, amended, or repealed to the extent necessary for the proper administration of the state's water resources.

(d) All state agencies, commissions, and political subdivisions shall take the plan into consideration in all matters pertaining to the discharge of their respective duties and responsibilities as they may affect the comprehensive plan, but nothing in the plan shall be construed as to impair any water right existing under the laws of this state.

(e) (1) No political subdivision or agency of the state shall spend any state funds on or engage in any water development project, excluding any water development project in which game protection funds or federal or state outdoor recreation assistance grant funds are to be spent, provided that such a project will not diminish the benefits of any existing water development project, until a preliminary survey and report therefor which sets forth the purpose of the water development project, the benefits to be expected, the general nature of the works of improvement, the geographic area to be served by the water development project, the necessity, feasibility, and the estimated cost thereof is filed with the commission and is approved by the Arkansas Natural Resources Commission to be in compliance with the plan. (2) Upon approval of the report, no political subdivision or agency board or commission thereof filing the report or designated by the Arkansas Natural Resources Commission as having responsibility for constructing, operating, managing, and maintaining the improvement shall be dissolved, merged, abolished, or otherwise changed during the life of the water development project without prior approval of the Arkansas Natural Resources Commission.

(1) No political subdivision or agency of the state shall spend any state funds on or engage in any water development project, excluding any water development project in which game protection funds or federal or state outdoor recreation assistance grant funds are to be spent, provided that such a project will not diminish the benefits of any existing water development project, until a preliminary survey and report therefor which sets forth the purpose of the water development project, the benefits to be expected, the general nature of the works of improvement, the geographic area to be served by the water development project, the necessity, feasibility, and the estimated cost thereof is filed with the commission and is approved by the Arkansas Natural Resources Commission to be in compliance with the plan.

(2) Upon approval of the report, no political subdivision or agency board or commission thereof filing the report or designated by the Arkansas Natural Resources Commission as having responsibility for constructing, operating, managing, and maintaining the improvement shall be dissolved, merged, abolished, or otherwise changed during the life of the water development project without prior approval of the Arkansas Natural Resources Commission.

Amended by Act 2019, No. 315,§ 1135, eff. 7/24/2019.

Acts 1969, No. 217, § 2; 1973, No. 584, § 2; A.S.A. 1947, § 21-1318; Acts 1989, No. 469, § 3; 2007, No. 691, § 2.
Ark. Code Ann. § 15-21-407 — AR Code / Title 15 / Chapter 21 / Subchapter 4 / Section 15-21-407
Accounts and reports
Status: in_force

The University of Arkansas shall provide for keeping full and accurate accounts of its transactions as a state agency, separate from the accounts of its transactions in other capacities, and shall provide for the rendering of necessary and proper reports, including reports designed to ascertain whether any state agricultural plans provided for in this subchapter are being carried out according to their terms. Acts 1937, No. 175, § 5; Pope's Dig., § 11851; A.S.A. 1947, § 77-1505.

The University of Arkansas shall provide for keeping full and accurate accounts of its transactions as a state agency, separate from the accounts of its transactions in other capacities, and shall provide for the rendering of necessary and proper reports, including reports designed to ascertain whether any state agricultural plans provided for in this subchapter are being carried out according to their terms.

Acts 1937, No. 175, § 5; Pope's Dig., § 11851; A.S.A. 1947, § 77-1505.
Ark. Code Ann. § 15-41-121 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-121
Extra help restrictions
Status: in_force

An employee of the Arkansas State Game and Fish Commission who is employed as extra help may not, in a fiscal year: (1) Receive an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position under: (A) The Uniform Classification and Compensation Act, § 21-5-201 et seq., or its successor; or (B) The appropriation act applicable to the commission for the fiscal year at issue; or (2) Be employed for a period of time to exceed one thousand eight hundred (1,800) hours. Added by Act 2019, No. 717,§ 8, eff. 7/1/2019.

An employee of the Arkansas State Game and Fish Commission who is employed as extra help may not, in a fiscal year:

(1) Receive an amount to exceed eighty-five percent (85%) of the maximum annual salary for a comparable position under: (A) The Uniform Classification and Compensation Act, § 21-5-201 et seq., or its successor; or (B) The appropriation act applicable to the commission for the fiscal year at issue; or

(A) The Uniform Classification and Compensation Act, § 21-5-201 et seq., or its successor; or

(B) The appropriation act applicable to the commission for the fiscal year at issue; or

(2) Be employed for a period of time to exceed one thousand eight hundred (1,800) hours.

Added by Act 2019, No. 717,§ 8, eff. 7/1/2019.
Ark. Code Ann. § 15-57-204 — AR Code / Title 15 / Chapter 57 / Subchapter 2 / Section 15-57-204
Quartz crystal mined on private property
Status: in_force

(a) A person who owns both the surface rights and subsurface rights of private property that mines quartz crystal on the private property shall remove topsoil and spoil and store it on the mining site separately for future reclamation needs. (b) Upon completion of mining on private property, the private property owner shall: (1) Leave the mining site in a condition that safeguards the mining site from trespass if any highwalls are left on the mining site; and (2) (A) Whenever possible: (i) Backfill spoil into the pits; (ii) Cover the mining site with topsoil; and (iii) Revegetate the mining site to prevent pollution of the waters of the state. (B) If the private property owner does not place spoil back into the final cut, the private property owner shall: (i) Grade the spoil so that no slope is steeper than one foot (1') vertical to three feet (3') horizontal; and (ii) Respread and revegetate the topsoil to prevent pollution of the waters of the state. Amended by Act 2019, No. 384,§ 5, eff. 7/24/2019. Added by Act 2017, No. 1121,§ 2, eff. 8/1/2017.

(a) A person who owns both the surface rights and subsurface rights of private property that mines quartz crystal on the private property shall remove topsoil and spoil and store it on the mining site separately for future reclamation needs.

(b) Upon completion of mining on private property, the private property owner shall: (1) Leave the mining site in a condition that safeguards the mining site from trespass if any highwalls are left on the mining site; and (2) (A) Whenever possible: (i) Backfill spoil into the pits; (ii) Cover the mining site with topsoil; and (iii) Revegetate the mining site to prevent pollution of the waters of the state. (B) If the private property owner does not place spoil back into the final cut, the private property owner shall: (i) Grade the spoil so that no slope is steeper than one foot (1') vertical to three feet (3') horizontal; and (ii) Respread and revegetate the topsoil to prevent pollution of the waters of the state.

(1) Leave the mining site in a condition that safeguards the mining site from trespass if any highwalls are left on the mining site; and

(2) (A) Whenever possible: (i) Backfill spoil into the pits; (ii) Cover the mining site with topsoil; and (iii) Revegetate the mining site to prevent pollution of the waters of the state. (B) If the private property owner does not place spoil back into the final cut, the private property owner shall: (i) Grade the spoil so that no slope is steeper than one foot (1') vertical to three feet (3') horizontal; and (ii) Respread and revegetate the topsoil to prevent pollution of the waters of the state.

(A) Whenever possible: (i) Backfill spoil into the pits; (ii) Cover the mining site with topsoil; and (iii) Revegetate the mining site to prevent pollution of the waters of the state.

(i) Backfill spoil into the pits;

(ii) Cover the mining site with topsoil; and

(iii) Revegetate the mining site to prevent pollution of the waters of the state.

(B) If the private property owner does not place spoil back into the final cut, the private property owner shall: (i) Grade the spoil so that no slope is steeper than one foot (1') vertical to three feet (3') horizontal; and (ii) Respread and revegetate the topsoil to prevent pollution of the waters of the state.

(i) Grade the spoil so that no slope is steeper than one foot (1') vertical to three feet (3') horizontal; and

(ii) Respread and revegetate the topsoil to prevent pollution of the waters of the state.

Amended by Act 2019, No. 384,§ 5, eff. 7/24/2019.

Added by Act 2017, No. 1121,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 15-4-3614 — AR Code / Title 15 / Chapter 4 / Subchapter 36 / Section 15-4-3614
Rules
Status: in_force

The Arkansas Economic Development Commission shall promulgate rules to implement this subchapter. Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.

The Arkansas Economic Development Commission shall promulgate rules to implement this subchapter.

Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Ark. Code Ann. § 15-5-605 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-605
Special rules for allocation of volume cap for multifamily residential housing bonds
Status: in_force

(a) Notwithstanding § 15-5-604(c) , the priority allocation of volume cap to multifamily residential housing bonds, whether the bonds are issued by the Arkansas Development Finance Authority or by any other issuer, shall not be determined based solely on the date of the reservation filing. (b) Multifamily residential housing bonds shall be granted a priority based upon the decision of the authority in accordance with rules establishing criteria to determine priority for multifamily residential housing bonds. (c) The rules may provide for the priority of the allocation to be based upon: (1) The need for multifamily residential housing in the particular area of the state in which the project is to be located; (2) The characteristics of the proposed project; and (3) Any other factors as determined necessary by the authority. (d) The authority shall promulgate rules to establish criteria to determine priority for multifamily residential housing bonds in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1083, eff. 7/24/2019. Acts 1987, No. 900, § 8; 2001, No. 1044, § 4.

(a) Notwithstanding § 15-5-604(c) , the priority allocation of volume cap to multifamily residential housing bonds, whether the bonds are issued by the Arkansas Development Finance Authority or by any other issuer, shall not be determined based solely on the date of the reservation filing.

(b) Multifamily residential housing bonds shall be granted a priority based upon the decision of the authority in accordance with rules establishing criteria to determine priority for multifamily residential housing bonds.

(c) The rules may provide for the priority of the allocation to be based upon: (1) The need for multifamily residential housing in the particular area of the state in which the project is to be located; (2) The characteristics of the proposed project; and (3) Any other factors as determined necessary by the authority.

(1) The need for multifamily residential housing in the particular area of the state in which the project is to be located;

(2) The characteristics of the proposed project; and

(3) Any other factors as determined necessary by the authority.

(d) The authority shall promulgate rules to establish criteria to determine priority for multifamily residential housing bonds in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1083, eff. 7/24/2019.

Acts 1987, No. 900, § 8; 2001, No. 1044, § 4.
Ark. Code Ann. § 15-72-319 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-319
Salt water disposal unit operation - Expenses
Status: in_force

The obligation or liability of each owner in the several separately owned tracts for the payment of salt water disposal unit expense shall at all times be several and not joint or collective. In no event shall an owner of the oil and gas rights in the separately owned tract be chargeable with, obligated, or directly or indirectly liable for more than the amount apportioned, assessed, or otherwise charged to his or her interest in the separately owned tract pursuant to the plan of unitization. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.

The obligation or liability of each owner in the several separately owned tracts for the payment of salt water disposal unit expense shall at all times be several and not joint or collective. In no event shall an owner of the oil and gas rights in the separately owned tract be chargeable with, obligated, or directly or indirectly liable for more than the amount apportioned, assessed, or otherwise charged to his or her interest in the separately owned tract pursuant to the plan of unitization.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-3-701 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Small Business Innovation Research Matching Grant Program". Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

This subchapter shall be known and may be cited as the "Arkansas Small Business Innovation Research Matching Grant Program".

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-72-311 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-311
Obligation or liability of owners for expenses
Status: in_force

The obligation or liability of each owner in the several separately owned tracts for the payment of unit expenses shall at all times be several and not joint or collective. In no event shall an owner of the oil or gas rights in the separately owned tract be chargeable with, obligated, or directly or indirectly liable for more than the amount apportioned, assessed, or otherwise charged to his or her interest in such separately owned tract pursuant to the plan of unitization. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.

The obligation or liability of each owner in the several separately owned tracts for the payment of unit expenses shall at all times be several and not joint or collective. In no event shall an owner of the oil or gas rights in the separately owned tract be chargeable with, obligated, or directly or indirectly liable for more than the amount apportioned, assessed, or otherwise charged to his or her interest in such separately owned tract pursuant to the plan of unitization.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-22-511 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-511
Exemption of commission property from mortgages and forced sales
Status: in_force

All property controlled and operated by the Arkansas Natural Resources Commission shall be exempt from forced sale. Nothing in this subchapter shall be construed to authorize the commission to mortgage or otherwise encumber any of the property, except that the revenues thereof may be pledged as provided in this subchapter. Acts 1969, No. 217, § 12; A.S.A. 1947, § 21-1327.

All property controlled and operated by the Arkansas Natural Resources Commission shall be exempt from forced sale. Nothing in this subchapter shall be construed to authorize the commission to mortgage or otherwise encumber any of the property, except that the revenues thereof may be pledged as provided in this subchapter.

Acts 1969, No. 217, § 12; A.S.A. 1947, § 21-1327.
Ark. Code Ann. § 15-22-502 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-502
Construction - Surveys, reports, etc
Status: in_force

(a) Nothing in this subchapter shall be so construed as to impair or restrict the right of any municipality, drainage district, water district, county, or other political subdivision or agency of this state to cooperate with the United States or any department or agency thereof with respect to planning water development projects, nor to impair or prevent the consummation of any contract between local interests and agencies of the federal government respecting any existing or planned water development project as of August 7, 1969, by requiring any other or additional assurances, approvals, or contracting parties. (b) (1) Nothing in this subchapter shall be construed to repeal, amend, alter, or affect any of the laws now governing levee or drainage districts or any of the powers, functions, and duties of the respective boards of any levee or drainage district in this state. (2) However, each levee or drainage district shall file with the Arkansas Natural Resources Commission a copy of any preliminary survey or report for any water development project being undertaken by the levee or drainage district as provided in § 15-22-503 and may otherwise cooperate with the commission under the provisions of this subchapter. Acts 1969, No. 217, §§ 6, 17; A.S.A. 1947, §§ 21-1322, 21-1331.

(a) Nothing in this subchapter shall be so construed as to impair or restrict the right of any municipality, drainage district, water district, county, or other political subdivision or agency of this state to cooperate with the United States or any department or agency thereof with respect to planning water development projects, nor to impair or prevent the consummation of any contract between local interests and agencies of the federal government respecting any existing or planned water development project as of August 7, 1969, by requiring any other or additional assurances, approvals, or contracting parties.

(b) (1) Nothing in this subchapter shall be construed to repeal, amend, alter, or affect any of the laws now governing levee or drainage districts or any of the powers, functions, and duties of the respective boards of any levee or drainage district in this state. (2) However, each levee or drainage district shall file with the Arkansas Natural Resources Commission a copy of any preliminary survey or report for any water development project being undertaken by the levee or drainage district as provided in § 15-22-503 and may otherwise cooperate with the commission under the provisions of this subchapter.

(1) Nothing in this subchapter shall be construed to repeal, amend, alter, or affect any of the laws now governing levee or drainage districts or any of the powers, functions, and duties of the respective boards of any levee or drainage district in this state.

(2) However, each levee or drainage district shall file with the Arkansas Natural Resources Commission a copy of any preliminary survey or report for any water development project being undertaken by the levee or drainage district as provided in § 15-22-503 and may otherwise cooperate with the commission under the provisions of this subchapter.

Acts 1969, No. 217, §§ 6, 17; A.S.A. 1947, §§ 21-1322, 21-1331.
Ark. Code Ann. § 15-72-401 — AR Code / Title 15 / Chapter 72 / Subchapter 4 / Section 15-72-401
Prohibition on dealing in illegal oil and gas
Status: in_force

(a) The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product is prohibited. (b) (1) Unless and until the Oil and Gas Commission provides for certificates of clearance or tenders, or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale, purchase, or acquisition or of transportation, refining, processing, or handling in any other way involves illegal oil, illegal gas, or illegal product, no penalty shall be imposed for the sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product, except under circumstances hereinafter stated. (2) Penalties shall be imposed for the commission of each transaction prohibited in this section when the person committing the transaction knows that illegal oil, illegal gas, or illegal product is involved in the transaction or when the person could have known or determined the fact by the exercise of reasonable diligence or from facts within his or her knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this act shall apply to any sale, purchase, or acquisition and to the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product where administrative provision is made for identifying the character of the commodity as to its legality. (3) It shall likewise be a violation for which penalties shall be imposed for any person to sell, purchase, or acquire or to transport, refine, process, or handle in any other way any oil, gas, or any product without complying with any rule or order of the commission relating thereto. Amended by Act 2019, No. 315,§ 1256, eff. 7/24/2019. Acts 1939, No. 105, § 23; A.S.A. 1947, § 53-123.

(a) The sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product is prohibited.

(b) (1) Unless and until the Oil and Gas Commission provides for certificates of clearance or tenders, or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale, purchase, or acquisition or of transportation, refining, processing, or handling in any other way involves illegal oil, illegal gas, or illegal product, no penalty shall be imposed for the sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product, except under circumstances hereinafter stated. (2) Penalties shall be imposed for the commission of each transaction prohibited in this section when the person committing the transaction knows that illegal oil, illegal gas, or illegal product is involved in the transaction or when the person could have known or determined the fact by the exercise of reasonable diligence or from facts within his or her knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this act shall apply to any sale, purchase, or acquisition and to the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product where administrative provision is made for identifying the character of the commodity as to its legality. (3) It shall likewise be a violation for which penalties shall be imposed for any person to sell, purchase, or acquire or to transport, refine, process, or handle in any other way any oil, gas, or any product without complying with any rule or order of the commission relating thereto.

(1) Unless and until the Oil and Gas Commission provides for certificates of clearance or tenders, or some other method, so that any person may have an opportunity to determine whether any contemplated transaction of sale, purchase, or acquisition or of transportation, refining, processing, or handling in any other way involves illegal oil, illegal gas, or illegal product, no penalty shall be imposed for the sale, purchase, or acquisition or the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product, except under circumstances hereinafter stated.

(2) Penalties shall be imposed for the commission of each transaction prohibited in this section when the person committing the transaction knows that illegal oil, illegal gas, or illegal product is involved in the transaction or when the person could have known or determined the fact by the exercise of reasonable diligence or from facts within his or her knowledge. However, regardless of lack of actual notice or knowledge, penalties as provided in this act shall apply to any sale, purchase, or acquisition and to the transportation, refining, processing, or handling in any other way of illegal oil, illegal gas, or illegal product where administrative provision is made for identifying the character of the commodity as to its legality.

(3) It shall likewise be a violation for which penalties shall be imposed for any person to sell, purchase, or acquire or to transport, refine, process, or handle in any other way any oil, gas, or any product without complying with any rule or order of the commission relating thereto.

Amended by Act 2019, No. 315,§ 1256, eff. 7/24/2019.

Acts 1939, No. 105, § 23; A.S.A. 1947, § 53-123.
Ark. Code Ann. § 15-4-3207 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3207
Bond principal
Status: in_force

Amendment 82 bonds may be issued to: (1) Finance project costs in an aggregate principal amount approved by the General Assembly without regard to any debt limitation; and (2) Refund outstanding Amendment 82 bonds in an aggregate principal amount approved by the Arkansas Development Finance Authority without regard to any debt limitation. Amended by Act 2017, No. 685,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 593,§ 6, eff. 7/22/2015. Acts 2005, No. 1981, § 1.

Amendment 82 bonds may be issued to:

(1) Finance project costs in an aggregate principal amount approved by the General Assembly without regard to any debt limitation; and

(2) Refund outstanding Amendment 82 bonds in an aggregate principal amount approved by the Arkansas Development Finance Authority without regard to any debt limitation.

Amended by Act 2017, No. 685,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 593,§ 6, eff. 7/22/2015.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-4-415 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-415
Authority to use bond proceeds
Status: in_force

The Arkansas Economic Development Council, acting through the Division of Minority Business Enterprise of the Arkansas Economic Development Commission, is authorized and empowered to use the proceeds of any bonds issued under this subchapter, together with any other available funds, for the making of loans for: (1) The purchase of investment loans and paying of incidental expenses in connection therewith; (2) Paying the expenses of amortizing and issuing the bonds; (3) Paying interest on the bonds until revenues thereon are available in sufficient amounts; and (4) Funding such debt service reserves as the council deems necessary or desirable. Acts 1985, No. 869, § 5; A.S.A. 1947, § 9-573.

The Arkansas Economic Development Council, acting through the Division of Minority Business Enterprise of the Arkansas Economic Development Commission, is authorized and empowered to use the proceeds of any bonds issued under this subchapter, together with any other available funds, for the making of loans for:

(1) The purchase of investment loans and paying of incidental expenses in connection therewith;

(2) Paying the expenses of amortizing and issuing the bonds;

(3) Paying interest on the bonds until revenues thereon are available in sufficient amounts; and

(4) Funding such debt service reserves as the council deems necessary or desirable.

Acts 1985, No. 869, § 5; A.S.A. 1947, § 9-573.
Ark. Code Ann. § 15-41-114 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-114
Uniform allowance for uniformed employees
Status: in_force

A maximum of one hundred fifty dollars ($150) per month shall be payable to each uniformed full-time certified enforcement employee, and a maximum of one hundred dollars ($100) per month shall be payable to each uniformed nonenforcement employee for the purchase and maintenance of uniforms worn full-time in the official duties of the Arkansas State Game and Fish Commission. Acts 1985, No. 333, § 6; A.S.A. 1947, § 47-137; Acts 1997, No. 189, § 8; 2003 (1st Ex. Sess.), No. 41, § 7.

A maximum of one hundred fifty dollars ($150) per month shall be payable to each uniformed full-time certified enforcement employee, and a maximum of one hundred dollars ($100) per month shall be payable to each uniformed nonenforcement employee for the purchase and maintenance of uniforms worn full-time in the official duties of the Arkansas State Game and Fish Commission.

Acts 1985, No. 333, § 6; A.S.A. 1947, § 47-137; Acts 1997, No. 189, § 8; 2003 (1st Ex. Sess.), No. 41, § 7.
Ark. Code Ann. § 15-5-908 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-908
Withholding general revenue turnback
Status: in_force

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more than ninety (90) calendar days past the due date in accordance with the written instrument for the repayment of its bonds, notes, or other evidences of indebtedness purchased with moneys in the Construction Assistance Revolving Loan Fund Account, the Arkansas Natural Resources Commission, after notification to the city, town, county, or political subdivision, may certify to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the name of the city, town, county, or political subdivision, the amount of deficiencies ninety (90) days or more past due. (b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback, as the share is defined in the Revenue Stabilization Law, § 19-5-101 et seq., the amount certified as due and to transfer the amount to the Construction Assistance Revolving Loan Fund Account and the Construction Assistance Administrative Account as follows: (1) Amounts withheld as fees shall be transferred to the Construction Assistance Administrative Account; and (2) Amounts withheld as principal and interest shall be transferred to the Construction Assistance Revolving Loan Fund Account. Acts 2003, No. 548, § 3; 2009, No. 458, § 8.

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more than ninety (90) calendar days past the due date in accordance with the written instrument for the repayment of its bonds, notes, or other evidences of indebtedness purchased with moneys in the Construction Assistance Revolving Loan Fund Account, the Arkansas Natural Resources Commission, after notification to the city, town, county, or political subdivision, may certify to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the name of the city, town, county, or political subdivision, the amount of deficiencies ninety (90) days or more past due.

(b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback, as the share is defined in the Revenue Stabilization Law, § 19-5-101 et seq., the amount certified as due and to transfer the amount to the Construction Assistance Revolving Loan Fund Account and the Construction Assistance Administrative Account as follows: (1) Amounts withheld as fees shall be transferred to the Construction Assistance Administrative Account; and (2) Amounts withheld as principal and interest shall be transferred to the Construction Assistance Revolving Loan Fund Account.

(1) Amounts withheld as fees shall be transferred to the Construction Assistance Administrative Account; and

(2) Amounts withheld as principal and interest shall be transferred to the Construction Assistance Revolving Loan Fund Account.

Acts 2003, No. 548, § 3; 2009, No. 458, § 8.
Ark. Code Ann. § 15-21-208 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-208
Right to enter private property
Status: in_force

(a) The State Surveyor or any employee of the Department of Transformation and Shared Services or of the Division of Land Surveys of the Arkansas Geographic Information Systems Office shall have the right to enter upon private property for the purpose of making surveys or searching for, locating, relocating, or remonumenting land monuments, levelling stations, or section corners. (b) Employees of the department or division shall be immune from arrest for trespass in performing their duties as prescribed in this subchapter and under the direction of a registered professional land surveyor but shall always, when practical, announce and identify themselves and their intentions before entering upon private property. Amended by Act 2019, No. 910,§ 6072, eff. 7/1/2019. Amended by Act 2017, No. 145,§ 6, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 146, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 146, eff. 7/1/2015. Acts 1973, No. 458, § 7; A.S.A. 1947, § 10-1307.

(a) The State Surveyor or any employee of the Department of Transformation and Shared Services or of the Division of Land Surveys of the Arkansas Geographic Information Systems Office shall have the right to enter upon private property for the purpose of making surveys or searching for, locating, relocating, or remonumenting land monuments, levelling stations, or section corners.

(b) Employees of the department or division shall be immune from arrest for trespass in performing their duties as prescribed in this subchapter and under the direction of a registered professional land surveyor but shall always, when practical, announce and identify themselves and their intentions before entering upon private property.

Amended by Act 2019, No. 910,§ 6072, eff. 7/1/2019.

Amended by Act 2017, No. 145,§ 6, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 146, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 146, eff. 7/1/2015.

Acts 1973, No. 458, § 7; A.S.A. 1947, § 10-1307.
Ark. Code Ann. § 15-22-513 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-513
Use of appropriated funds
Status: in_force

(a) In addition to being available for use in the operation of the Arkansas Natural Resources Commission for current water development project costs and for such other and additional purposes as provided for by law, appropriated funds for the maintenance of the commission may be used in the discretion of the commission for meeting the debt service requirements of outstanding revenue bonds issued by the commission including the retirement thereof in advance of maturity by call or purchase on tender. (b) However, no tax moneys appropriated for maintenance of the commission may be pledged, as distinguished from used, to meet the debt service requirements of any revenue bonds issued by the commission. Acts 1969, No. 217, § 15; A.S.A. 1947, § 21-1330; Acts 2003, No. 598, § 3.

(a) In addition to being available for use in the operation of the Arkansas Natural Resources Commission for current water development project costs and for such other and additional purposes as provided for by law, appropriated funds for the maintenance of the commission may be used in the discretion of the commission for meeting the debt service requirements of outstanding revenue bonds issued by the commission including the retirement thereof in advance of maturity by call or purchase on tender.

(b) However, no tax moneys appropriated for maintenance of the commission may be pledged, as distinguished from used, to meet the debt service requirements of any revenue bonds issued by the commission.

Acts 1969, No. 217, § 15; A.S.A. 1947, § 21-1330; Acts 2003, No. 598, § 3.
Ark. Code Ann. § 15-71-106 — AR Code / Title 15 / Chapter 71 / Section 15-71-106
Hearing officer
Status: in_force

(a) The Oil and Gas Commission may appoint one (1) hearing officer to preside at all public hearings of the commission. (b) The hearing officer may administer oaths and conduct hearings in conformity with the laws of this state applicable to hearings and proceedings before the commission and the rules of the commission. Acts 1939, No. 105, § 5; 1981, No. 911, § 1; A.S.A. 1947, § 53-105; Acts 1987, No. 154, § 1; 2009, No. 1175, § 3.

(a) The Oil and Gas Commission may appoint one (1) hearing officer to preside at all public hearings of the commission.

(b) The hearing officer may administer oaths and conduct hearings in conformity with the laws of this state applicable to hearings and proceedings before the commission and the rules of the commission.

Acts 1939, No. 105, § 5; 1981, No. 911, § 1; A.S.A. 1947, § 53-105; Acts 1987, No. 154, § 1; 2009, No. 1175, § 3.
Ark. Code Ann. § 15-58-101 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Surface Coal Mining and Reclamation Act of 1979". Acts 1979, No. 134, § 1; A.S.A. 1947, § 52-935.

This chapter shall be known and may be cited as the "Arkansas Surface Coal Mining and Reclamation Act of 1979".

Acts 1979, No. 134, § 1; A.S.A. 1947, § 52-935.
Ark. Code Ann. § 15-3-603 — AR Code / Title 15 / Chapter 3 / Subchapter 6 / Section 15-3-603
Definitions
Status: in_force

As used in this subchapter: (1) "Business and technology accelerator" means a full-time, immersive program administered by an eligible applicant to potentially invest in, mentor, and accelerate commercial development of start-up businesses; (2) "Business and technology accelerator grant" means a discretionary grant of up to two hundred fifty thousand dollars ($250,000) for each approved business and technology accelerator application; and (3) "Eligible applicant" means an entity that is: (A) Registered as a business entity in good standing with the Secretary of State; and (B) Principally engaged in one (1) or more of the following categories of business or industry: (i) A manufacturer classified in sectors 31-33 of the 2012 North American Industry Classification System; (ii) A business that: (a) Is primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state; (iii) An office sector business whose business operations support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions that: (a) Is a nonretail business; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state; (iv) A national or regional corporate headquarters as classified in code 551114 of the 2012 North American Industry Classification System; (v) A scientific and technical services business that derives at least seventy-five percent (75%) of its sales revenue from out of state; (vi) A firm primarily engaged in commercial, physical, and biological research as classified in code 541711 or code 541712 of the 2012 North American Industry Classification System; (vii) A firm engaged in one (1) or more of the following categories: (a) Advanced materials and manufacturing systems; (b) Agriculture, food processing, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Internet-enabled technology or service solutions for one (1) or more of the categories described in subdivisions (3)(B)(vii) (a)-(e) of this section; and (viii) A business primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System. Amended by Act 2023, No. 834,§ 1, eff. 8/1/2023. Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.

As used in this subchapter:

(1) "Business and technology accelerator" means a full-time, immersive program administered by an eligible applicant to potentially invest in, mentor, and accelerate commercial development of start-up businesses;

(2) "Business and technology accelerator grant" means a discretionary grant of up to two hundred fifty thousand dollars ($250,000) for each approved business and technology accelerator application; and

(3) "Eligible applicant" means an entity that is: (A) Registered as a business entity in good standing with the Secretary of State; and (B) Principally engaged in one (1) or more of the following categories of business or industry: (i) A manufacturer classified in sectors 31-33 of the 2012 North American Industry Classification System; (ii) A business that: (a) Is primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state; (iii) An office sector business whose business operations support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions that: (a) Is a nonretail business; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state; (iv) A national or regional corporate headquarters as classified in code 551114 of the 2012 North American Industry Classification System; (v) A scientific and technical services business that derives at least seventy-five percent (75%) of its sales revenue from out of state; (vi) A firm primarily engaged in commercial, physical, and biological research as classified in code 541711 or code 541712 of the 2012 North American Industry Classification System; (vii) A firm engaged in one (1) or more of the following categories: (a) Advanced materials and manufacturing systems; (b) Agriculture, food processing, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Internet-enabled technology or service solutions for one (1) or more of the categories described in subdivisions (3)(B)(vii) (a)-(e) of this section; and (viii) A business primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System.

(A) Registered as a business entity in good standing with the Secretary of State; and

(B) Principally engaged in one (1) or more of the following categories of business or industry: (i) A manufacturer classified in sectors 31-33 of the 2012 North American Industry Classification System; (ii) A business that: (a) Is primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state; (iii) An office sector business whose business operations support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions that: (a) Is a nonretail business; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state; (iv) A national or regional corporate headquarters as classified in code 551114 of the 2012 North American Industry Classification System; (v) A scientific and technical services business that derives at least seventy-five percent (75%) of its sales revenue from out of state; (vi) A firm primarily engaged in commercial, physical, and biological research as classified in code 541711 or code 541712 of the 2012 North American Industry Classification System; (vii) A firm engaged in one (1) or more of the following categories: (a) Advanced materials and manufacturing systems; (b) Agriculture, food processing, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Internet-enabled technology or service solutions for one (1) or more of the categories described in subdivisions (3)(B)(vii) (a)-(e) of this section; and (viii) A business primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System.

(i) A manufacturer classified in sectors 31-33 of the 2012 North American Industry Classification System;

(ii) A business that: (a) Is primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state;

(a) Is primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing and data preparation services, or information retrieval services; and

(b) Derives at least seventy-five percent (75%) of its sales revenue from out of state;

(iii) An office sector business whose business operations support primary business needs, including without limitation customer service, credit accounting, telemarketing, claims processing, and other administrative functions that: (a) Is a nonretail business; and (b) Derives at least seventy-five percent (75%) of its sales revenue from out of state;

(a) Is a nonretail business; and

(b) Derives at least seventy-five percent (75%) of its sales revenue from out of state;

(iv) A national or regional corporate headquarters as classified in code 551114 of the 2012 North American Industry Classification System;

(v) A scientific and technical services business that derives at least seventy-five percent (75%) of its sales revenue from out of state;

(vi) A firm primarily engaged in commercial, physical, and biological research as classified in code 541711 or code 541712 of the 2012 North American Industry Classification System;

(vii) A firm engaged in one (1) or more of the following categories: (a) Advanced materials and manufacturing systems; (b) Agriculture, food processing, and environmental sciences; (c) Biotechnology, bioengineering, and life sciences; (d) Information technology; (e) Transportation logistics; and (f) Internet-enabled technology or service solutions for one (1) or more of the categories described in subdivisions (3)(B)(vii) (a)-(e) of this section; and

(a) Advanced materials and manufacturing systems;

(b) Agriculture, food processing, and environmental sciences;

(c) Biotechnology, bioengineering, and life sciences;

(d) Information technology;

(e) Transportation logistics; and

(f) Internet-enabled technology or service solutions for one (1) or more of the categories described in subdivisions (3)(B)(vii) (a)-(e) of this section; and

(viii) A business primarily engaged in operating combustors and incinerators for the disposal of nonhazardous solid waste, as classified in code 562213 of the 2022 North American Industry Classification System.

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

Added by Act 2017, No. 165,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-4-2506 — AR Code / Title 15 / Chapter 4 / Subchapter 25 / Section 15-4-2506
Rules
Status: in_force

The Arkansas Economic Development Commission shall promulgate rules to implement this subchapter. Amended by Act 2019, No. 315,§ 1072, eff. 7/24/2019. Acts 2001, No. 913, § 7.

The Arkansas Economic Development Commission shall promulgate rules to implement this subchapter.

Amended by Act 2019, No. 315,§ 1072, eff. 7/24/2019.

Acts 2001, No. 913, § 7.
Ark. Code Ann. § 15-32-401 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-401
Certified bill of measurement
Status: in_force

(a) (1) A county timber inspector, in person or by deputy county timber inspector, at the request of any owner of logs, timber, or lumber, after a scalement or measurement thereof, shall make a bill, stating therein: (A) The number of logs; (B) The number of feet, by board measure, contained in the logs and lumber; (C) The number of feet, cubic, running, or board measure, contained in the timber; and (D) At whose request the logs, timber, or lumber was scaled or measured and to whom scaled or measured. (2) The county timber inspector or his or her deputy county timber inspector shall enter a copy of the bill required by subdivision (a)(1) of this section upon the books of his or her office, to be provided by him or her and kept for that purpose, with the marks as they occurred upon the logs. (b) A correct bill of the logs, timber, or lumber shall be given to the owner, with a certificate attached that it is a true and correct bill. This bill, so certified, shall be presumptive evidence of the facts therein contained and of the correctness of the scalement or measurement in all courts, except in favor of the county timber inspector or deputy county timber inspector who made the correct bill. Acts 1883, No. 83, § 12, p. 140; 1901, No. 130, § 7, p. 202; C. & M. Dig., § 6991; Pope's Dig., § 8971; A.S.A. 1947, § 54-301.

(a) (1) A county timber inspector, in person or by deputy county timber inspector, at the request of any owner of logs, timber, or lumber, after a scalement or measurement thereof, shall make a bill, stating therein: (A) The number of logs; (B) The number of feet, by board measure, contained in the logs and lumber; (C) The number of feet, cubic, running, or board measure, contained in the timber; and (D) At whose request the logs, timber, or lumber was scaled or measured and to whom scaled or measured. (2) The county timber inspector or his or her deputy county timber inspector shall enter a copy of the bill required by subdivision (a)(1) of this section upon the books of his or her office, to be provided by him or her and kept for that purpose, with the marks as they occurred upon the logs.

(1) A county timber inspector, in person or by deputy county timber inspector, at the request of any owner of logs, timber, or lumber, after a scalement or measurement thereof, shall make a bill, stating therein: (A) The number of logs; (B) The number of feet, by board measure, contained in the logs and lumber; (C) The number of feet, cubic, running, or board measure, contained in the timber; and (D) At whose request the logs, timber, or lumber was scaled or measured and to whom scaled or measured.

(A) The number of logs;

(B) The number of feet, by board measure, contained in the logs and lumber;

(C) The number of feet, cubic, running, or board measure, contained in the timber; and

(D) At whose request the logs, timber, or lumber was scaled or measured and to whom scaled or measured.

(2) The county timber inspector or his or her deputy county timber inspector shall enter a copy of the bill required by subdivision (a)(1) of this section upon the books of his or her office, to be provided by him or her and kept for that purpose, with the marks as they occurred upon the logs.

(b) A correct bill of the logs, timber, or lumber shall be given to the owner, with a certificate attached that it is a true and correct bill. This bill, so certified, shall be presumptive evidence of the facts therein contained and of the correctness of the scalement or measurement in all courts, except in favor of the county timber inspector or deputy county timber inspector who made the correct bill.

Acts 1883, No. 83, § 12, p. 140; 1901, No. 130, § 7, p. 202; C. & M. Dig., § 6991; Pope's Dig., § 8971; A.S.A. 1947, § 54-301.
Ark. Code Ann. § 15-5-1206 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1206
Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund - Payment of debt service - Tax exemption
Status: in_force

(a) Payment of principal and interest on the bonds shall be paid from the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund when due. (b) If and so long as all payments of debt service are properly made, on the last day of each fiscal quarter the pledged fees remaining in the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund in excess of a reserve of two (2) months' requirements of debt service shall be withdrawn from the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and deposited into the Petroleum Storage Tank Trust Fund as special revenues. (c) The interest on the bonds shall be exempt from state, county, and municipal income, inheritance, and estate taxes. Acts 1995, No. 1054, § 1.

(a) Payment of principal and interest on the bonds shall be paid from the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund when due.

(b) If and so long as all payments of debt service are properly made, on the last day of each fiscal quarter the pledged fees remaining in the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund in excess of a reserve of two (2) months' requirements of debt service shall be withdrawn from the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and deposited into the Petroleum Storage Tank Trust Fund as special revenues.

(c) The interest on the bonds shall be exempt from state, county, and municipal income, inheritance, and estate taxes.

Acts 1995, No. 1054, § 1.
Ark. Code Ann. § 15-47-105 — AR Code / Title 15 / Chapter 47 / Subchapter 1 / Section 15-47-105
Reporting
Status: in_force

(a) The Arkansas State Game and Fish Commission and the Department of Rural Services shall report the status of the Wildlife Recreation Facilities Pilot Program biannually to the Game and Fish/State Police Subcommittee of the Legislative Council. (b) The report shall evaluate whether or not the program has been successful in creating new wildlife recreation facilities and promoting wildlife conservation and management. Acts 2009, No. 687, § 1.

(a) The Arkansas State Game and Fish Commission and the Department of Rural Services shall report the status of the Wildlife Recreation Facilities Pilot Program biannually to the Game and Fish/State Police Subcommittee of the Legislative Council.

(b) The report shall evaluate whether or not the program has been successful in creating new wildlife recreation facilities and promoting wildlife conservation and management.

Acts 2009, No. 687, § 1.
Ark. Code Ann. § 15-4-914 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-914
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 11; 1985, No. 667, § 3; A.S.A. 1947, § 67-1611.

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

Acts 1957, No. 567, § 11; 1985, No. 667, § 3; A.S.A. 1947, § 67-1611.
Ark. Code Ann. § 15-4-2001 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2001
Short title
Status: in_force

This subchapter may be referred to and cited as the "Digital Product and Motion Picture Industry Development Act of 2009". Acts 1997, No. 919, § 1; 2009, No. 816, § 1.

This subchapter may be referred to and cited as the "Digital Product and Motion Picture Industry Development Act of 2009".

Acts 1997, No. 919, § 1; 2009, No. 816, § 1.
Ark. Code Ann. § 15-58-202 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-202
Commission - Powers and duties
Status: in_force

(a) The authority shall be vested in the Arkansas Pollution Control and Ecology Commission to establish policies and guidelines and take such other actions as are necessary to ensure the development, administration, and enforcement of a state program which meets the requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, and, in doing so, shall have the following duties and powers: (1) To adopt, amend, and issue rules in accordance with the procedures set forth herein pertaining to surface coal mining and reclamation operations in accordance with but no more restrictive than the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, consistent with the general intent and purposes of this chapter and consistent with but no more restrictive than the regulations issued by the United States Secretary of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, as required for the state to develop an approved state program and to assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations pursuant to section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; (2) To adopt, amend, and issue rules in accordance with the procedures set forth in this subchapter pertaining to the reclamation of abandoned mines in this state in accordance with the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, as required for the state to develop an approved state abandoned mine reclamation program and to assume and retain exclusive jurisdiction over the regulation of abandoned mine reclamation in this state pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; (3) To conduct administrative hearings and to perform all necessary functions pursuant thereto and exercise discretionary review pursuant to the provisions of this chapter over all aspects of surface coal mining and reclamation operations performed within this state; (4) To designate lands unsuitable for all or certain types of surface coal mining in accordance with provisions of this chapter and the rules issued pursuant to this chapter; and (5) To perform other duties and acts required by and provided for in this chapter or reasonably necessary to carry out the purposes of this chapter or the rules issued pursuant to this chapter. (b) The commission shall have the authority to promulgate rules to amend the provisions of this chapter when such amendments are permitted by an amendment to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, subsequent to the enactment of this chapter. Amended by Act 2019, No. 315,§ 1178, eff. 7/24/2019. Acts 1979, No. 134, §§ 5, 37; A.S.A. 1947, §§ 52-939, 52-971; Acts 1995, No. 500, § 2.

(a) The authority shall be vested in the Arkansas Pollution Control and Ecology Commission to establish policies and guidelines and take such other actions as are necessary to ensure the development, administration, and enforcement of a state program which meets the requirements of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, and, in doing so, shall have the following duties and powers: (1) To adopt, amend, and issue rules in accordance with the procedures set forth herein pertaining to surface coal mining and reclamation operations in accordance with but no more restrictive than the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, consistent with the general intent and purposes of this chapter and consistent with but no more restrictive than the regulations issued by the United States Secretary of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, as required for the state to develop an approved state program and to assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations pursuant to section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; (2) To adopt, amend, and issue rules in accordance with the procedures set forth in this subchapter pertaining to the reclamation of abandoned mines in this state in accordance with the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, as required for the state to develop an approved state abandoned mine reclamation program and to assume and retain exclusive jurisdiction over the regulation of abandoned mine reclamation in this state pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87; (3) To conduct administrative hearings and to perform all necessary functions pursuant thereto and exercise discretionary review pursuant to the provisions of this chapter over all aspects of surface coal mining and reclamation operations performed within this state; (4) To designate lands unsuitable for all or certain types of surface coal mining in accordance with provisions of this chapter and the rules issued pursuant to this chapter; and (5) To perform other duties and acts required by and provided for in this chapter or reasonably necessary to carry out the purposes of this chapter or the rules issued pursuant to this chapter.

(1) To adopt, amend, and issue rules in accordance with the procedures set forth herein pertaining to surface coal mining and reclamation operations in accordance with but no more restrictive than the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, consistent with the general intent and purposes of this chapter and consistent with but no more restrictive than the regulations issued by the United States Secretary of the Interior pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, as required for the state to develop an approved state program and to assume and retain exclusive jurisdiction over the regulation of surface coal mining and reclamation operations pursuant to section 503 of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87;

(2) To adopt, amend, and issue rules in accordance with the procedures set forth in this subchapter pertaining to the reclamation of abandoned mines in this state in accordance with the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, as required for the state to develop an approved state abandoned mine reclamation program and to assume and retain exclusive jurisdiction over the regulation of abandoned mine reclamation in this state pursuant to Title IV of the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87;

(3) To conduct administrative hearings and to perform all necessary functions pursuant thereto and exercise discretionary review pursuant to the provisions of this chapter over all aspects of surface coal mining and reclamation operations performed within this state;

(4) To designate lands unsuitable for all or certain types of surface coal mining in accordance with provisions of this chapter and the rules issued pursuant to this chapter; and

(5) To perform other duties and acts required by and provided for in this chapter or reasonably necessary to carry out the purposes of this chapter or the rules issued pursuant to this chapter.

(b) The commission shall have the authority to promulgate rules to amend the provisions of this chapter when such amendments are permitted by an amendment to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87, subsequent to the enactment of this chapter.

Amended by Act 2019, No. 315,§ 1178, eff. 7/24/2019.

Acts 1979, No. 134, §§ 5, 37; A.S.A. 1947, §§ 52-939, 52-971; Acts 1995, No. 500, § 2.
Ark. Code Ann. § 15-56-503 — AR Code / Title 15 / Chapter 56 / Subchapter 5 / Section 15-56-503
Rights, powers, and privileges of common carrier
Status: in_force

When so incorporated and constructed, short lines of railway and tramway shall be and are entitled to all the rights, powers, and privileges of a common carrier. Acts 1905, No. 163, § 3, p. 407; C. & M. Dig., § 7296; Pope's Dig., § 9352; A.S.A. 1947, § 52-303.

When so incorporated and constructed, short lines of railway and tramway shall be and are entitled to all the rights, powers, and privileges of a common carrier.

Acts 1905, No. 163, § 3, p. 407; C. & M. Dig., § 7296; Pope's Dig., § 9352; A.S.A. 1947, § 52-303.
Ark. Code Ann. § 15-72-405 — AR Code / Title 15 / Chapter 72 / Subchapter 4 / Section 15-72-405
Conservator
Status: in_force

In a proper case, the circuit court may direct the sheriff to deliver the custody of any illegal oil, illegal gas, or illegal product seized by him or her under an order of seizure, to a conservator to be appointed by the court, which conservator shall act as the agent of the court and shall give bond with an approved surety as the court may direct, conditioned that the conservator will faithfully conserve any illegal oil, illegal gas, or illegal product which may come into his or her custody and possession in accordance with the orders of the court. However, the court may in its discretion appoint any member of the commission or any agent of the commission as the conservator. Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.

In a proper case, the circuit court may direct the sheriff to deliver the custody of any illegal oil, illegal gas, or illegal product seized by him or her under an order of seizure, to a conservator to be appointed by the court, which conservator shall act as the agent of the court and shall give bond with an approved surety as the court may direct, conditioned that the conservator will faithfully conserve any illegal oil, illegal gas, or illegal product which may come into his or her custody and possession in accordance with the orders of the court. However, the court may in its discretion appoint any member of the commission or any agent of the commission as the conservator.

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Ark. Code Ann. § 15-5-1109 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1109
Rules
Status: in_force

The Arkansas Development Finance Authority may adopt such rules as it considers necessary to carry out its duties, functions, and powers relating to the Arkansas Capital Access Program for Small Business and the Arkansas Credit Reserve Program. Amended by Act 2013, No. 1222,§ 2, eff. 8/16/2013. Acts 1993, No. 733, § 9; 1993, No. 886, § 9.

The Arkansas Development Finance Authority may adopt such rules as it considers necessary to carry out its duties, functions, and powers relating to the Arkansas Capital Access Program for Small Business and the Arkansas Credit Reserve Program.

Amended by Act 2013, No. 1222,§ 2, eff. 8/16/2013.

Acts 1993, No. 733, § 9; 1993, No. 886, § 9.
Ark. Code Ann. § 15-5-712 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-712
Power to make grants and loans
Status: in_force

The Arkansas Development Finance Authority may make grants, direct loans, or loan guaranties to: (1) New or existing: (A) Title IX revolving loan funds; (B) Small business investment companies; and (C) Specialized small business investment companies; (2) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission; (3) A certified community development financial institution under the Riegle Community Development and Regulatory Improvement Act of 1994, Pub. L. No. 103-325; and (4) An entrepreneur as described in the Entrepreneur Fee Waiver Pilot Program under § 15-5-714 . Amended by Act 2017, No. 857,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1060,§ 14, eff. 4/4/2015. Acts 1991, No. 775, § 6; 1991, No. 874, § 6.

The Arkansas Development Finance Authority may make grants, direct loans, or loan guaranties to:

(1) New or existing: (A) Title IX revolving loan funds; (B) Small business investment companies; and (C) Specialized small business investment companies;

(A) Title IX revolving loan funds;

(B) Small business investment companies; and

(C) Specialized small business investment companies;

(2) The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission;

(3) A certified community development financial institution under the Riegle Community Development and Regulatory Improvement Act of 1994, Pub. L. No. 103-325; and

(4) An entrepreneur as described in the Entrepreneur Fee Waiver Pilot Program under § 15-5-714 .

Amended by Act 2017, No. 857,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1060,§ 14, eff. 4/4/2015.

Acts 1991, No. 775, § 6; 1991, No. 874, § 6.
Ark. Code Ann. § 15-76-322 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-322
Appellate procedure
Status: in_force

In all proceedings brought under authority of this subchapter or of any rule or order issued hereunder, and in all proceedings instituted for the purpose of contesting the validity of any provisions of this subchapter or of any rule or order issued hereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this subchapter or any rule or order of the Oil and Gas Commission hereunder, the appeals, when docketed in the Supreme Court, shall take precedence over other cases on the docket of the Supreme Court and may be advanced as the Supreme Court may order and direct. Amended by Act 2019, No. 315,§ 1285, eff. 7/24/2019. Acts 1979, No. 937, § 17; A.S.A. 1947, § 53-1317.

In all proceedings brought under authority of this subchapter or of any rule or order issued hereunder, and in all proceedings instituted for the purpose of contesting the validity of any provisions of this subchapter or of any rule or order issued hereunder, appeals may be taken in accordance with the general laws of the State of Arkansas relating to appeals. However, in all appeals from judgments or decrees in suits to contest the validity of any provision of this subchapter or any rule or order of the Oil and Gas Commission hereunder, the appeals, when docketed in the Supreme Court, shall take precedence over other cases on the docket of the Supreme Court and may be advanced as the Supreme Court may order and direct.

Amended by Act 2019, No. 315,§ 1285, eff. 7/24/2019.

Acts 1979, No. 937, § 17; A.S.A. 1947, § 53-1317.
Ark. Code Ann. § 15-23-1001 — AR Code / Title 15 / Chapter 23 / Subchapter 10 / Section 15-23-1001
Legislative findings
Status: in_force

The General Assembly finds that: (1) The Buffalo National River holds distinction as the first national river in the United States of America and is a vital landmark to the people of the State of Arkansas and to the nation; (2) The Buffalo National River is one of the state's and indeed the nation's premier rivers and is a source of scenic beauty, a unique habitat for local biota, an agricultural resource to the state as a whole, and a preeminent tourism destination in the State of Arkansas; (3) The State of Arkansas is committed to the protection and preservation of this irreplaceable natural and cultural resource for all future generations of Arkansans and for the many tourists the Buffalo National River brings to the state; (4) The State of Arkansas recognizes the valuable contributions made by agricultural producers, the tourism industry, and the individual landowners within the Buffalo River Watershed; (5) There is an ongoing need for the state to partner with local stakeholders to proactively manage the Buffalo River Watershed in order to ensure the Buffalo National River is maintained to the highest level of water quality; (6) On September 30, 2016, the Beautiful Buffalo River Action Committee was formed by directive from the Governor to more comprehensively address conservation and environmental concerns in the Buffalo River Watershed; (7) The Beautiful Buffalo River Action Committee successfully developed a watershed management plan and identified areas of need within the watershed, laying the foundation for future partnership with local stakeholders, federal partners, and other partners to leverage funding for projects to improve the Buffalo River Watershed; and (8) The establishment of the Buffalo River Conservation Committee is necessary to establish measurable objectives and lead partnership projects to benefit water quality and resource management in the Buffalo River Watershed. Amended by Act 2021, No. 785,§ 1, eff. 7/28/2021.

The General Assembly finds that:

(1) The Buffalo National River holds distinction as the first national river in the United States of America and is a vital landmark to the people of the State of Arkansas and to the nation;

(2) The Buffalo National River is one of the state's and indeed the nation's premier rivers and is a source of scenic beauty, a unique habitat for local biota, an agricultural resource to the state as a whole, and a preeminent tourism destination in the State of Arkansas;

(3) The State of Arkansas is committed to the protection and preservation of this irreplaceable natural and cultural resource for all future generations of Arkansans and for the many tourists the Buffalo National River brings to the state;

(4) The State of Arkansas recognizes the valuable contributions made by agricultural producers, the tourism industry, and the individual landowners within the Buffalo River Watershed;

(5) There is an ongoing need for the state to partner with local stakeholders to proactively manage the Buffalo River Watershed in order to ensure the Buffalo National River is maintained to the highest level of water quality;

(6) On September 30, 2016, the Beautiful Buffalo River Action Committee was formed by directive from the Governor to more comprehensively address conservation and environmental concerns in the Buffalo River Watershed;

(7) The Beautiful Buffalo River Action Committee successfully developed a watershed management plan and identified areas of need within the watershed, laying the foundation for future partnership with local stakeholders, federal partners, and other partners to leverage funding for projects to improve the Buffalo River Watershed; and

(8) The establishment of the Buffalo River Conservation Committee is necessary to establish measurable objectives and lead partnership projects to benefit water quality and resource management in the Buffalo River Watershed.

Amended by Act 2021, No. 785,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-32-303 — AR Code / Title 15 / Chapter 32 / Subchapter 3 / Section 15-32-303
Seizure of logs unlawfully cut from state lands - Filing of notice and complaint
Status: in_force

In case a county timber inspector finds anywhere in his or her county any logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material unlawfully cut, dug, removed, or taken from any state lands, he or she shall: (1) Seize the materials or cause them to be seized; (2) Give written notice of the seizure to any person or persons who may be found in possession or control of the materials; and (3) (A) Cause a complaint to be filed in some court of competent jurisdiction charging the logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material to have been unlawfully cut, dug, removed, or taken from state lands and charging the materials to be the property of the state. (B) If no persons shall be found in possession or control of the materials, then the complaint shall state that fact. Acts 1883, No. 83, § 7, p. 140; 1901, No. 130, § 14, p. 202; C. & M. Dig., § 7006; Pope's Dig., § 8986; A.S.A. 1947, § 54-205.

In case a county timber inspector finds anywhere in his or her county any logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material unlawfully cut, dug, removed, or taken from any state lands, he or she shall:

(1) Seize the materials or cause them to be seized;

(2) Give written notice of the seizure to any person or persons who may be found in possession or control of the materials; and

(3) (A) Cause a complaint to be filed in some court of competent jurisdiction charging the logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material to have been unlawfully cut, dug, removed, or taken from state lands and charging the materials to be the property of the state. (B) If no persons shall be found in possession or control of the materials, then the complaint shall state that fact.

(A) Cause a complaint to be filed in some court of competent jurisdiction charging the logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material to have been unlawfully cut, dug, removed, or taken from state lands and charging the materials to be the property of the state.

(B) If no persons shall be found in possession or control of the materials, then the complaint shall state that fact.

Acts 1883, No. 83, § 7, p. 140; 1901, No. 130, § 14, p. 202; C. & M. Dig., § 7006; Pope's Dig., § 8986; A.S.A. 1947, § 54-205.
Ark. Code Ann. § 15-4-1402 — AR Code / Title 15 / Chapter 4 / Subchapter 14 / Section 15-4-1402
Definitions
Status: in_force

As used in this subchapter: (1) "Center" means the Center for Prototype Development and Emerging Technologies to be developed and operated by the University of Arkansas at Little Rock; (2) "Commercial state" means the point at which a product has been developed beyond the theoretical and prototype stage and is capable of being manufactured or practiced commercially; (3) "Gross sales revenues" means all revenues or anything of value received by any person from the sale of a proprietary product; (4) "Intellectual property" means patents, copyrights, or trademarks acquired pursuant to federal or state law or applications for patent or for copyright or trademark registration; (5) "Inventor" means any person who conceives a new concept which may result in a proprietary product; (6) "Person" means any individual, sole proprietor, partnership, or corporation; (7) "Product" means any device, technique, process, item of manufacture, composition of matter, or work of authorship; (8) "Product development plan" means a plan prepared by the center for developing a product to the commercial state; (9) "Proposal" means a plan provided by the inventor which includes technical and descriptive information on a product; (10) "Proprietary product" means a product patented, copyrighted, or trademarked pursuant to federal or state law or for which an application for patent or for copyright or trademark registration is pending; and (11) "Royalties" means all things of value received by an inventor in connection with the licensing of a proprietary product or the assignment, sale, or licensing of intellectual property. Acts 1991, No. 707, § 2.

As used in this subchapter:

(1) "Center" means the Center for Prototype Development and Emerging Technologies to be developed and operated by the University of Arkansas at Little Rock;

(2) "Commercial state" means the point at which a product has been developed beyond the theoretical and prototype stage and is capable of being manufactured or practiced commercially;

(3) "Gross sales revenues" means all revenues or anything of value received by any person from the sale of a proprietary product;

(4) "Intellectual property" means patents, copyrights, or trademarks acquired pursuant to federal or state law or applications for patent or for copyright or trademark registration;

(5) "Inventor" means any person who conceives a new concept which may result in a proprietary product;

(6) "Person" means any individual, sole proprietor, partnership, or corporation;

(7) "Product" means any device, technique, process, item of manufacture, composition of matter, or work of authorship;

(8) "Product development plan" means a plan prepared by the center for developing a product to the commercial state;

(9) "Proposal" means a plan provided by the inventor which includes technical and descriptive information on a product;

(10) "Proprietary product" means a product patented, copyrighted, or trademarked pursuant to federal or state law or for which an application for patent or for copyright or trademark registration is pending; and

(11) "Royalties" means all things of value received by an inventor in connection with the licensing of a proprietary product or the assignment, sale, or licensing of intellectual property.

Acts 1991, No. 707, § 2.
Ark. Code Ann. § 15-58-303 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-303
Pattern violations - Order to show cause
Status: in_force

(a) On the basis of an inspection, if the Director of the Division of Environmental Quality or his or her authorized agent has reason to believe that a pattern of violations of any requirements of this chapter or the rules issued pursuant to this chapter or any permit conditions required by this chapter or by the rules issued pursuant to this chapter exists or has existed and if the director or his or her authorized agent also finds that these violations are caused by the unwarranted failure of the permittee to comply with requirements of this chapter or permit conditions or that the violations are willfully caused by the permittee, the director or his or her authorized agent shall issue to the permittee forthwith an order to show cause as to why the permit should not be suspended or revoked in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter. (b) The order to show cause shall set a time and place for a public hearing to be held pursuant to §§ 15-58-209 - 15-58-211 . (c) On failure of a permittee to show cause why the permit should not be suspended or revoked, the commission or its authorized representative shall promptly suspend or revoke the permit. Amended by Act 2019, No. 315,§ 1197, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3150, eff. 7/1/2019. Acts 1979, No. 134, § 24; A.S.A. 1947, § 52-958.

(a) On the basis of an inspection, if the Director of the Division of Environmental Quality or his or her authorized agent has reason to believe that a pattern of violations of any requirements of this chapter or the rules issued pursuant to this chapter or any permit conditions required by this chapter or by the rules issued pursuant to this chapter exists or has existed and if the director or his or her authorized agent also finds that these violations are caused by the unwarranted failure of the permittee to comply with requirements of this chapter or permit conditions or that the violations are willfully caused by the permittee, the director or his or her authorized agent shall issue to the permittee forthwith an order to show cause as to why the permit should not be suspended or revoked in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter.

(b) The order to show cause shall set a time and place for a public hearing to be held pursuant to §§ 15-58-209 - 15-58-211 .

(c) On failure of a permittee to show cause why the permit should not be suspended or revoked, the commission or its authorized representative shall promptly suspend or revoke the permit.

Amended by Act 2019, No. 315,§ 1197, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3150, eff. 7/1/2019.

Acts 1979, No. 134, § 24; A.S.A. 1947, § 52-958.
Ark. Code Ann. § 15-20-1403 — AR Code / Title 15 / Chapter 20 / Subchapter 14 / Section 15-20-1403
Land application setbacks
Status: in_force

(a) Application of eligible premium biosolids shall not be made within: (1) One hundred feet (100') of streams including: (A) Intermittent streams; (B) Ponds; (C) Lakes; (D) Springs; (E) Sinkholes; (F) Rock outcrops; (G) Wells; and (H) Water supplies; or (2) Three hundred feet (300') of extraordinary resource waters, ecologically sensitive waterbodies, and natural and scenic waterways, as defined by the Arkansas Pollution Control and Ecology Commission. (b) Buffer distances for streams, ponds, and lakes shall be measured from the ordinary high-water mark. Acts 2011, No. 333, § 1.

(a) Application of eligible premium biosolids shall not be made within: (1) One hundred feet (100') of streams including: (A) Intermittent streams; (B) Ponds; (C) Lakes; (D) Springs; (E) Sinkholes; (F) Rock outcrops; (G) Wells; and (H) Water supplies; or (2) Three hundred feet (300') of extraordinary resource waters, ecologically sensitive waterbodies, and natural and scenic waterways, as defined by the Arkansas Pollution Control and Ecology Commission.

(1) One hundred feet (100') of streams including: (A) Intermittent streams; (B) Ponds; (C) Lakes; (D) Springs; (E) Sinkholes; (F) Rock outcrops; (G) Wells; and (H) Water supplies; or

(A) Intermittent streams;

(B) Ponds;

(C) Lakes;

(D) Springs;

(E) Sinkholes;

(F) Rock outcrops;

(G) Wells; and

(H) Water supplies; or

(2) Three hundred feet (300') of extraordinary resource waters, ecologically sensitive waterbodies, and natural and scenic waterways, as defined by the Arkansas Pollution Control and Ecology Commission.

(b) Buffer distances for streams, ponds, and lakes shall be measured from the ordinary high-water mark.

Acts 2011, No. 333, § 1.
Ark. Code Ann. § 15-24-101 — AR Code / Title 15 / Chapter 24 / Section 15-24-101
Construction
Status: in_force

(a) Nothing in this chapter shall be construed to repeal any provisions of the existing levee or drainage laws of the state, nor to curtail the power of any governing board of any drainage district or levee district to contract directly with the federal government or any of its agencies for federal aid, loans, or gifts. (b) The drainage districts and levee districts are granted power to provide the necessary rights-of-way and to take any other steps or any other undertakings that may be required of the drainage districts and levee districts by the federal government to become beneficiaries of any drainage, levee, or flood control works proposed to be constructed by the federal government. Acts 1937, No. 212, § 19; Pope's Dig., § 12194; A.S.A. 1947, § 9-811.

(a) Nothing in this chapter shall be construed to repeal any provisions of the existing levee or drainage laws of the state, nor to curtail the power of any governing board of any drainage district or levee district to contract directly with the federal government or any of its agencies for federal aid, loans, or gifts.

(b) The drainage districts and levee districts are granted power to provide the necessary rights-of-way and to take any other steps or any other undertakings that may be required of the drainage districts and levee districts by the federal government to become beneficiaries of any drainage, levee, or flood control works proposed to be constructed by the federal government.

Acts 1937, No. 212, § 19; Pope's Dig., § 12194; A.S.A. 1947, § 9-811.
Ark. Code Ann. § 15-22-214 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-214
Exemptions
Status: in_force

(a) No permit shall be required for any dam which impounds less than fifty (50) acre-feet of water or is of a height less than twenty-five feet (25'). (b) No permit shall be required for any dam the height of which is at or below the ordinary high water mark on the stream. (c) A permit shall be required of a dam exempted from a permit under subsection (a) or subsection (b) of this section if, upon petition by persons affected and after notice and hearing, the Arkansas Natural Resources Commission determines that the proposed dam would pose a significant threat to life or property. Acts 1957, No. 81, § 10; 1969, No. 180, § 4; 1985, No. 475, § 4; A.S.A. 1947, § 21-1310; Acts 1989, No. 685, § 2.

(a) No permit shall be required for any dam which impounds less than fifty (50) acre-feet of water or is of a height less than twenty-five feet (25').

(b) No permit shall be required for any dam the height of which is at or below the ordinary high water mark on the stream.

(c) A permit shall be required of a dam exempted from a permit under subsection (a) or subsection (b) of this section if, upon petition by persons affected and after notice and hearing, the Arkansas Natural Resources Commission determines that the proposed dam would pose a significant threat to life or property.

Acts 1957, No. 81, § 10; 1969, No. 180, § 4; 1985, No. 475, § 4; A.S.A. 1947, § 21-1310; Acts 1989, No. 685, § 2.
Ark. Code Ann. § 15-20-803 — AR Code / Title 15 / Chapter 20 / Subchapter 8 / Section 15-20-803
Commission to retain financial advisor
Status: in_force

Prior to the sale, pledge, or other use of the loans or undivided interests in pools of loans, the Arkansas Natural Resources Commission shall retain the services of a financial advisor who shall render, prior to the closing of the contemplated transaction, a fairness opinion which shall verify that: (1) The loans are properly valued; (2) The transaction enhancements, if any, are not excessive or unreasonable; and (3) The terms and conditions of the contemplated transaction are fair and reasonable. Acts 1995, No. 690, § 4.

Prior to the sale, pledge, or other use of the loans or undivided interests in pools of loans, the Arkansas Natural Resources Commission shall retain the services of a financial advisor who shall render, prior to the closing of the contemplated transaction, a fairness opinion which shall verify that:

(1) The loans are properly valued;

(2) The transaction enhancements, if any, are not excessive or unreasonable; and

(3) The terms and conditions of the contemplated transaction are fair and reasonable.

Acts 1995, No. 690, § 4.
Ark. Code Ann. § 15-5-1905 — AR Code / Title 15 / Chapter 5 / Subchapter 19 / Section 15-5-1905
Excess funds - Allowable investments
Status: in_force

Moneys in funds created by resolution or trust indenture of the Arkansas Development Finance Authority in excess of the amount then necessary for making education loans or guaranteed educational loans and purchasing education loan notes or guaranteed educational loan notes under this subchapter or in excess of the amount necessary to meet current debt service may be invested by the authority or on its behalf in: (1) Direct obligations or obligations whose principal and interest are guaranteed by the United States; (2) Direct obligations of or participation certificates guaranteed by the Federal Financing Bank, Federal Intermediate Credit Bank, federal land banks, Federal Home Loan Bank, Government National Mortgage Association, or banks for cooperatives; (3) Certificates of deposit of any bank, savings and loan association, or trust company whose deposits are fully secured by a pledge of securities of any kind specified in subdivision (1) or subdivision (2) of this section; (4) Certificates of deposit of any bank, savings and loan association, or trust company, which deposit is fully insured by the Federal Deposit Insurance Corporation; (5) Repurchase agreements sold by any bank, savings and loan association, or trust company, provided that the repurchase agreement is fully secured by a pledge of securities of any kind specified in subdivision (1) or subdivision (2) of this section; (6) General obligations of the state or its political subdivisions; (7) Obligations, including investment agreements, of any bank, savings and loan association, trust company, or other financial institution, or a holding company thereof, whose credit is rated in either of the top two (2) rating categories by a nationally recognized credit rating service or corporation; (8) Money market funds that invest only in obligations described in subdivision (1) or subdivision (2) of this section, or which are rated in the highest two (2) categories by one (1) or more nationally recognized rating agencies; and (9) Any other investment permitted by the indenture under which such funds are held, provided that such investment is rated as investment grade by one (1) or more nationally recognized rating agencies. Amended by Act 2019, No. 384,§ 3, eff. 7/24/2019. Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.

Moneys in funds created by resolution or trust indenture of the Arkansas Development Finance Authority in excess of the amount then necessary for making education loans or guaranteed educational loans and purchasing education loan notes or guaranteed educational loan notes under this subchapter or in excess of the amount necessary to meet current debt service may be invested by the authority or on its behalf in:

(1) Direct obligations or obligations whose principal and interest are guaranteed by the United States;

(2) Direct obligations of or participation certificates guaranteed by the Federal Financing Bank, Federal Intermediate Credit Bank, federal land banks, Federal Home Loan Bank, Government National Mortgage Association, or banks for cooperatives;

(3) Certificates of deposit of any bank, savings and loan association, or trust company whose deposits are fully secured by a pledge of securities of any kind specified in subdivision (1) or subdivision (2) of this section;

(4) Certificates of deposit of any bank, savings and loan association, or trust company, which deposit is fully insured by the Federal Deposit Insurance Corporation;

(5) Repurchase agreements sold by any bank, savings and loan association, or trust company, provided that the repurchase agreement is fully secured by a pledge of securities of any kind specified in subdivision (1) or subdivision (2) of this section;

(6) General obligations of the state or its political subdivisions;

(7) Obligations, including investment agreements, of any bank, savings and loan association, trust company, or other financial institution, or a holding company thereof, whose credit is rated in either of the top two (2) rating categories by a nationally recognized credit rating service or corporation;

(8) Money market funds that invest only in obligations described in subdivision (1) or subdivision (2) of this section, or which are rated in the highest two (2) categories by one (1) or more nationally recognized rating agencies; and

(9) Any other investment permitted by the indenture under which such funds are held, provided that such investment is rated as investment grade by one (1) or more nationally recognized rating agencies.

Amended by Act 2019, No. 384,§ 3, eff. 7/24/2019.

Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.
Ark. Code Ann. § 15-22-707 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-707
Bonds - Approval of Governor
Status: in_force

(a) Before any bonds may be issued during any fiscal biennium, the Arkansas Natural Resources Commission shall submit to the Governor a written plan for the work or projects to be financed with the proceeds derived from the sale of the bonds, the need for the work or projects, and the estimated benefits of the projects. (b) Upon receipt of the written plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues, as that term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues for allocation that would work undue hardship upon any agency or program supported from general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq. (c) Upon conclusion of the studies and after obtaining the advice of the Legislative Council, the Governor, if he or she deems it to be in the public interest, shall by proclamation authorize the commission to proceed with the issuance of the bonds as provided in this subchapter. (d) If the Governor shall decline or refuse to give his or her approval for the issuance of the bonds and shall decline to issue a proclamation approving the issuance of the bonds, the Governor shall promptly notify the commission, in writing, and the commission shall not issue the bonds, but it may thereafter, but not sooner than one (1) year from the date of the earlier submission, resubmit a request to the Governor for the issuance of the bonds. (e) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds. Acts 1987, No. 686, § 2.

(a) Before any bonds may be issued during any fiscal biennium, the Arkansas Natural Resources Commission shall submit to the Governor a written plan for the work or projects to be financed with the proceeds derived from the sale of the bonds, the need for the work or projects, and the estimated benefits of the projects.

(b) Upon receipt of the written plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues, as that term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues for allocation that would work undue hardship upon any agency or program supported from general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.

(c) Upon conclusion of the studies and after obtaining the advice of the Legislative Council, the Governor, if he or she deems it to be in the public interest, shall by proclamation authorize the commission to proceed with the issuance of the bonds as provided in this subchapter.

(d) If the Governor shall decline or refuse to give his or her approval for the issuance of the bonds and shall decline to issue a proclamation approving the issuance of the bonds, the Governor shall promptly notify the commission, in writing, and the commission shall not issue the bonds, but it may thereafter, but not sooner than one (1) year from the date of the earlier submission, resubmit a request to the Governor for the issuance of the bonds.

(e) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.

Acts 1987, No. 686, § 2.
Ark. Code Ann. § 15-21-210 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-210
Sale of information by division
Status: in_force

(a) The Division of Land Surveys of the Arkansas Geographic Information Systems Office may produce, reproduce, and sell maps, plats, and records and shall prescribe a reasonable charge therefor. (b) All income derived from these sales shall be deposited into a financial institution in this state. Amended by Act 2015EX1, No. 8,§ 148, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 148, eff. 7/1/2015. Acts 1973, No. 458, § 9; A.S.A. 1947, § 10-1309; Acts 2001, No. 1417, § 5.

(a) The Division of Land Surveys of the Arkansas Geographic Information Systems Office may produce, reproduce, and sell maps, plats, and records and shall prescribe a reasonable charge therefor.

(b) All income derived from these sales shall be deposited into a financial institution in this state.

Amended by Act 2015EX1, No. 8,§ 148, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 148, eff. 7/1/2015.

Acts 1973, No. 458, § 9; A.S.A. 1947, § 10-1309; Acts 2001, No. 1417, § 5.
Ark. Code Ann. § 15-5-1502 — AR Code / Title 15 / Chapter 5 / Subchapter 15 / Section 15-5-1502
Definitions
Status: in_force

As used in this subchapter: (1) "Authority" means the Arkansas Development Finance Authority or its successor; and (2) [Repealed.] (3) "Fund" means the Brownfield Revolving Loan Fund. Amended by Act 2019, No. 910,§ 3047, eff. 7/1/2019. Acts 2003, No. 1194, § 1.

As used in this subchapter:

(1) "Authority" means the Arkansas Development Finance Authority or its successor; and

(2) [Repealed.]

(3) "Fund" means the Brownfield Revolving Loan Fund.

Amended by Act 2019, No. 910,§ 3047, eff. 7/1/2019.

Acts 2003, No. 1194, § 1.
Ark. Code Ann. § 15-32-413 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-413
Actions to recover difference in wages or purchase price - Attorney's fees
Status: in_force

In all actions to enforce the payments provided in this subchapter, the plaintiff, if successful, shall be awarded reasonable attorney's fees in addition to the payments provided in this subchapter. Acts 1939, No. 57, § 5; A.S.A. 1947, § 54-316.

In all actions to enforce the payments provided in this subchapter, the plaintiff, if successful, shall be awarded reasonable attorney's fees in addition to the payments provided in this subchapter.

Acts 1939, No. 57, § 5; A.S.A. 1947, § 54-316.
Ark. Code Ann. § 15-20-409 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-409
Judicial actions
Status: in_force

(a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having a third-party right of enforcement; or (4) A person authorized by other law. (b) This subchapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity. (c) Conservation easements may be enforced by injunction or other proceeding in equity and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance. Acts 1983, No. 567, § 3; A.S.A. 1947, § 50-1203.

(a) An action affecting a conservation easement may be brought by: (1) An owner of an interest in the real property burdened by the easement; (2) A holder of the easement; (3) A person having a third-party right of enforcement; or (4) A person authorized by other law.

(1) An owner of an interest in the real property burdened by the easement;

(2) A holder of the easement;

(3) A person having a third-party right of enforcement; or

(4) A person authorized by other law.

(b) This subchapter does not affect the power of a court to modify or terminate a conservation easement in accordance with the principles of law and equity.

(c) Conservation easements may be enforced by injunction or other proceeding in equity and shall entitle representatives of the holder to enter the land in a reasonable manner and at reasonable times to assure compliance.

Acts 1983, No. 567, § 3; A.S.A. 1947, § 50-1203.
Ark. Code Ann. § 15-22-806 — AR Code / Title 15 / Chapter 22 / Subchapter 8 / Section 15-22-806
Loans or grants - Eligibility - Applications - Awards
Status: in_force

(a) (1) Local governments who have entered into or who are attempting to enter into a cooperative agreement for cost-sharing to finance a water resources development project are eligible to apply for a loan or grant under this subchapter. (2) Combinations of local governments may apply jointly for loans or grants authorized under this subchapter in accordance with the Interlocal Cooperation Act, § 25-20-101 et seq. (b) The final award of the loan or grant for cost-sharing purposes shall be made contingent upon actual receipt of federal funding for the federal share of the water resources development project. (c) The Arkansas Natural Resources Commission, by rule, shall specify the form and style of any forms needed for application by the local governments for loans or grants. (d) (1) Beginning each January 1, the commission shall take applications from the state and local governments for grants and loans to be awarded for water resources development projects for the next fiscal year. (2) The annual deadline for loan or grant application shall be March 31 of each year. (3) The commission shall award the grants and loans for the water resources development projects, contingent on the availability of funds, by June 30 of each year. Amended by Act 2019, No. 315,§ 1138, eff. 7/24/2019. Acts 1989, No. 257, § 6; 1991, No. 786, § 19.

(a) (1) Local governments who have entered into or who are attempting to enter into a cooperative agreement for cost-sharing to finance a water resources development project are eligible to apply for a loan or grant under this subchapter. (2) Combinations of local governments may apply jointly for loans or grants authorized under this subchapter in accordance with the Interlocal Cooperation Act, § 25-20-101 et seq.

(1) Local governments who have entered into or who are attempting to enter into a cooperative agreement for cost-sharing to finance a water resources development project are eligible to apply for a loan or grant under this subchapter.

(2) Combinations of local governments may apply jointly for loans or grants authorized under this subchapter in accordance with the Interlocal Cooperation Act, § 25-20-101 et seq.

(b) The final award of the loan or grant for cost-sharing purposes shall be made contingent upon actual receipt of federal funding for the federal share of the water resources development project.

(c) The Arkansas Natural Resources Commission, by rule, shall specify the form and style of any forms needed for application by the local governments for loans or grants.

(d) (1) Beginning each January 1, the commission shall take applications from the state and local governments for grants and loans to be awarded for water resources development projects for the next fiscal year. (2) The annual deadline for loan or grant application shall be March 31 of each year. (3) The commission shall award the grants and loans for the water resources development projects, contingent on the availability of funds, by June 30 of each year.

(1) Beginning each January 1, the commission shall take applications from the state and local governments for grants and loans to be awarded for water resources development projects for the next fiscal year.

(2) The annual deadline for loan or grant application shall be March 31 of each year.

(3) The commission shall award the grants and loans for the water resources development projects, contingent on the availability of funds, by June 30 of each year.

Amended by Act 2019, No. 315,§ 1138, eff. 7/24/2019.

Acts 1989, No. 257, § 6; 1991, No. 786, § 19.
Ark. Code Ann. § 15-5-1106 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1106
Loss reserve accounts - Limitation on amount
Status: in_force

(a) The Arkansas Development Finance Authority shall establish a loss reserve account for each financial institution with which the authority makes a contract. (b) The loss reserve account for a financial institution shall consist of moneys paid in fees by borrowers and the financial institution and moneys transferred to the account from the Capital Access Fund. (c) The authority may establish and maintain loss reserve accounts with any financial institution under such policies as the authority may adopt. (d) All moneys in a loss reserve account are the property of the authority. Acts 1993, No. 733, § 6; 1993, No. 886, § 6.

(a) The Arkansas Development Finance Authority shall establish a loss reserve account for each financial institution with which the authority makes a contract.

(b) The loss reserve account for a financial institution shall consist of moneys paid in fees by borrowers and the financial institution and moneys transferred to the account from the Capital Access Fund.

(c) The authority may establish and maintain loss reserve accounts with any financial institution under such policies as the authority may adopt.

(d) All moneys in a loss reserve account are the property of the authority.

Acts 1993, No. 733, § 6; 1993, No. 886, § 6.
Ark. Code Ann. § 15-55-403 — AR Code / Title 15 / Chapter 55 / Subchapter 4 / Section 15-55-403
Arkansas Lignite Resources Pilot Program
Status: in_force

(a) There is created a program to be known as the "Arkansas Lignite Resources Pilot Program". (b) The program shall be developed and administered by Southern Arkansas University, the Office of the State Geologist, and the Arkansas Economic Development Commission. (c) The purpose of the program is to: (1) Examine the feasibility of the use of lignite as a potential energy source; (2) Explore and utilize lignite as an energy resource, including without limitation a synthetic fuels-based research program; (3) Develop public and private partnerships with other entities to develop the untapped energy resource of lignite to stimulate Arkansas's economy; and (4) Develop practical applications for the use of lignite resources as an alternative energy source. Amended by Act 2023, No. 697,§ 9, eff. 7/1/2023. Acts 2007, No. 641, § 1.

(a) There is created a program to be known as the "Arkansas Lignite Resources Pilot Program".

(b) The program shall be developed and administered by Southern Arkansas University, the Office of the State Geologist, and the Arkansas Economic Development Commission.

(c) The purpose of the program is to: (1) Examine the feasibility of the use of lignite as a potential energy source; (2) Explore and utilize lignite as an energy resource, including without limitation a synthetic fuels-based research program; (3) Develop public and private partnerships with other entities to develop the untapped energy resource of lignite to stimulate Arkansas's economy; and (4) Develop practical applications for the use of lignite resources as an alternative energy source.

(1) Examine the feasibility of the use of lignite as a potential energy source;

(2) Explore and utilize lignite as an energy resource, including without limitation a synthetic fuels-based research program;

(3) Develop public and private partnerships with other entities to develop the untapped energy resource of lignite to stimulate Arkansas's economy; and

(4) Develop practical applications for the use of lignite resources as an alternative energy source.

Amended by Act 2023, No. 697,§ 9, eff. 7/1/2023.

Acts 2007, No. 641, § 1.
Ark. Code Ann. § 15-22-703 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-703
Construction
Status: in_force

(a) This subchapter shall be liberally construed to accomplish the purposes of this subchapter. This subchapter shall constitute the sole authority necessary to accomplish the purposes of this subchapter, and to this end, it shall not be necessary that the provisions of other laws pertaining to the development of public facilities and properties and the financing thereof be complied with. (b) This subchapter shall be interpreted to supplement existing laws conferring rights and powers upon the Arkansas Natural Resources Commission, and the rights and powers set forth in this subchapter shall be regarded as alternative methods for the accomplishment of the purposes of this subchapter. Acts 1987, No. 686, § 20.

(a) This subchapter shall be liberally construed to accomplish the purposes of this subchapter. This subchapter shall constitute the sole authority necessary to accomplish the purposes of this subchapter, and to this end, it shall not be necessary that the provisions of other laws pertaining to the development of public facilities and properties and the financing thereof be complied with.

(b) This subchapter shall be interpreted to supplement existing laws conferring rights and powers upon the Arkansas Natural Resources Commission, and the rights and powers set forth in this subchapter shall be regarded as alternative methods for the accomplishment of the purposes of this subchapter.

Acts 1987, No. 686, § 20.
Ark. Code Ann. § 15-5-1601 — AR Code / Title 15 / Chapter 5 / Subchapter 16 / Section 15-5-1601
[Repealed]
Status: repealed

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019. Acts 2007, No. 1025, § 1.

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

Acts 2007, No. 1025, § 1.
Ark. Code Ann. § 15-60-104 — AR Code / Title 15 / Chapter 60 / Section 15-60-104
License application
Status: in_force

(a) The application for a license authorizing the carrying on of the businesses defined in § 15-60-106(a) and (b) shall be made to the county clerk of the county in which the business is to be conducted. (b) The application shall be in writing and shall contain the full names and addresses of the applicants. In the case of associations, partnerships, copartnerships, and firms, it shall contain the full names and addresses of the members thereof and in the case of joint-stock companies, corporations, and trusts, the full names and addresses of the officers and directors thereof, together with the places within the county where the business is to be conducted. (c) The application shall be sworn to by the person making it. Acts 1943, No. 86, § 4; A.S.A. 1947, § 52-804.

(a) The application for a license authorizing the carrying on of the businesses defined in § 15-60-106(a) and (b) shall be made to the county clerk of the county in which the business is to be conducted.

(b) The application shall be in writing and shall contain the full names and addresses of the applicants. In the case of associations, partnerships, copartnerships, and firms, it shall contain the full names and addresses of the members thereof and in the case of joint-stock companies, corporations, and trusts, the full names and addresses of the officers and directors thereof, together with the places within the county where the business is to be conducted.

(c) The application shall be sworn to by the person making it.

Acts 1943, No. 86, § 4; A.S.A. 1947, § 52-804.
Ark. Code Ann. § 15-4-702 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-702
Authority to use Arkansas Economic Development Council moneys if account is insufficient
Status: in_force

If the Arkansas Economic Development Council shall at any time determine that the moneys in the Revenue Bond Guaranty Reserve Account, sometimes referred to in this subchapter as "account", created and being maintained pursuant to the provisions of the Industrial Revenue Bond Guaranty Law, § 15-4-601 et seq., are not or will not be sufficient to meet the obligations of the account, the council is authorized to use the necessary amount of any available moneys that it may have which are not needed for or committed to other authorized functions and purposes of the council then or in the foreseeable future. Any such moneys so used may be reimbursed out of the account if and when there are moneys therein available for the purpose. Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567; Acts 1997, No. 540, § 30.

If the Arkansas Economic Development Council shall at any time determine that the moneys in the Revenue Bond Guaranty Reserve Account, sometimes referred to in this subchapter as "account", created and being maintained pursuant to the provisions of the Industrial Revenue Bond Guaranty Law, § 15-4-601 et seq., are not or will not be sufficient to meet the obligations of the account, the council is authorized to use the necessary amount of any available moneys that it may have which are not needed for or committed to other authorized functions and purposes of the council then or in the foreseeable future. Any such moneys so used may be reimbursed out of the account if and when there are moneys therein available for the purpose.

Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567; Acts 1997, No. 540, § 30.
Ark. Code Ann. § 15-72-504 — AR Code / Title 15 / Chapter 72 / Subchapter 5 / Section 15-72-504
Agreements to use secondary recovery methods not in restraint of trade
Status: in_force

If the persons owning and operating any oil pool or portion thereof enter into an agreement among themselves for the employment of any secondary recovery method or methods for the production of oil from a pool or portion thereof, and the Oil and Gas Commission finds that operating the pool or portion thereof in accordance with the agreement will result in the prevention of waste, the performance of the agreement by the persons shall not be a violation of any statute of this state relating to trusts, monopolies, or contracts, or combinations in restraint of trade. Acts 1943, No. 302, § 4; A.S.A. 1947, § 53-130.

If the persons owning and operating any oil pool or portion thereof enter into an agreement among themselves for the employment of any secondary recovery method or methods for the production of oil from a pool or portion thereof, and the Oil and Gas Commission finds that operating the pool or portion thereof in accordance with the agreement will result in the prevention of waste, the performance of the agreement by the persons shall not be a violation of any statute of this state relating to trusts, monopolies, or contracts, or combinations in restraint of trade.

Acts 1943, No. 302, § 4; A.S.A. 1947, § 53-130.
Ark. Code Ann. § 15-55-206 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-206
[Repealed]
Status: repealed

Repealed by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1963, No. 16, § 6; A.S.A. 1947, § 9-400.5.

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

Acts 1963, No. 16, § 6; A.S.A. 1947, § 9-400.5.
Ark. Code Ann. § 15-72-1111 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1111
Rights of operator not impaired
Status: in_force

(a) This subchapter does not impair an operator's right to be paid, to set-off funds, or to withhold funds from an interest owner as security for or in satisfaction of a debt or security interest. (b) In the case of a dispute between an operator and an interest owner, a good-faith tender of funds by a person operates as a tender of the funds to both the operator and the interest owner if the tender of funds is to: (1) The person that the operator and the interest owner jointly direct the first purchaser in writing to pay; (2) A person that otherwise shows himself or herself or itself to be the person entitled to the funds; or (3) A court of competent jurisdiction in the event of litigation or bankruptcy. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) This subchapter does not impair an operator's right to be paid, to set-off funds, or to withhold funds from an interest owner as security for or in satisfaction of a debt or security interest.

(b) In the case of a dispute between an operator and an interest owner, a good-faith tender of funds by a person operates as a tender of the funds to both the operator and the interest owner if the tender of funds is to: (1) The person that the operator and the interest owner jointly direct the first purchaser in writing to pay; (2) A person that otherwise shows himself or herself or itself to be the person entitled to the funds; or (3) A court of competent jurisdiction in the event of litigation or bankruptcy.

(1) The person that the operator and the interest owner jointly direct the first purchaser in writing to pay;

(2) A person that otherwise shows himself or herself or itself to be the person entitled to the funds; or

(3) A court of competent jurisdiction in the event of litigation or bankruptcy.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.