Ark. Code Ann. § 15-4-3711 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3711
Powers and duties of local workforce development boards
Status: in_force

(a) The functions of a local workforce development board include: (1) (A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713 . (B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan; (2) Carrying out analyses of: (A) Economic conditions in the region; (B) Needed knowledge and skills for the region; (C) The workforce in the region; and (D) Workforce development activities, including without limitation education and training; (3) Regularly updating the information analyzed under subdivision (a)(2)(A) of this section; (4) Assisting the Governor in developing the statewide workforce and labor market information system, specifically in the collection, analysis, and use of workforce and labor market information for the region; (5) Conducting other research, data collection, and analysis related to the workforce needs of the regional economy as the local workforce development board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions; (6) Convening local workforce development system stakeholders to assist in the development of the local workforce development plan and in identifying nonfederal expertise and resources to leverage support for workforce development activities; (7) Leading efforts to engage with a diverse range of employers and with entities in the region involved to: (A) Promote business representation on the local workforce development board, particularly with representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region; (B) Develop effective linkages, including without limitation the use of intermediaries, with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities; (C) Ensure that workforce investment activities meet the needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and (D) Develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers, such as the establishment of industry and sector partnerships that provide the skilled workforce needed by employers in the region and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations; (8) With representatives of secondary and postsecondary education programs, leading efforts in the local workforce development area to develop and implement career pathways within the local workforce development area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment; (9) Leading efforts in the local workforce development area to: (A) Identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including without limitation individuals with barriers to employment, in the local workforce development system, including without limitation providing physical and programmatic accessibility for persons with disabilities; and (B) Identify and disseminate information on proven and promising practices carried out in other local workforce development areas for meeting such needs; (10) Developing strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers, by: (A) Facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local workforce development area; (B) Facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas; (C) Identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and (D) Leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment; (11) In partnership with the chief elected official for the local workforce development area: (A) Conducting oversight for local youth workforce investment activities, local employment and training activities, and the one-stop delivery system in the local workforce development area; (B) Ensuring the appropriate use and management of funds; and (C) Ensuring the appropriate use, management, and investment of funds to maximize performance outcomes; (12) Negotiating and reaching agreement on local performance accountability measures; (13) Selecting operators and providers, including: (A) With the agreement of the chief elected official for the local workforce development area: (i) Designating or certifying one-stop operators; and (ii) Terminating for cause the eligibility of such operators; (B) Both: (i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and (ii) Terminating for cause the eligibility of such providers; (C) Identifying eligible providers of training services in the local workforce development area; (D) If the one-stop operator does not provide career services, identifying eligible providers of those career services in the local workforce development area by awarding contracts; and (E) Working with the state to ensure that there are sufficient numbers and types of providers of career services and training services, including without limitation eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities, serving the local workforce development area, and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities; (14) Coordinating activities with education and training providers in the local workforce development area, including without limitation providers of workforce investment activities, providers of adult education and literacy activities, providers of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006, 20 U.S.C. § 2302 , and local agencies administering plans under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 ; (15) Annually assessing the physical and programmatic accessibility, in accordance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., of all one-stop centers in the local workforce development area; and (16) (A) Developing a budget for the activities of the local workforce development board in the local workforce development area, consistent with the local workforce development plan and the duties of the local workforce development area, subject to the approval of the chief elected official. (B) The chief elected official in a local workforce development area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local workforce development area under §§ 128 and 133 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3163 and 3173 , unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear liability. (b) (1) (A) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local workforce development area, may designate an entity to serve as a local grant recipient for such funds or as a local fiscal agent. (B) A designation under subdivision (b)(1)(A) of this section shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds. (2) The local grant recipient or an entity designated as the local grant recipient shall disburse the grant funds for workforce investment activities at the direction of the local workforce development board. (3) (A) The local workforce development board may solicit and accept grants and donations from sources other than federal funds made available under this subchapter. (B) For purposes of this subchapter, a local workforce development board may incorporate, and may operate as an entity described in 26 U.S.C. § 501(c)(3) that is exempt from taxation under 26 U.S.C. § 501(a) . (c) The local workforce development board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local workforce development board, including without limitation information regarding the local workforce development plan before submission of the local workforce development plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local workforce development board. (d) (1) The local workforce development board may hire a director and other staff to assist in carrying out the functions described in this section using funds available under 29 U.S.C §§ 3163(b) and 3173(b) as described in § 128(b)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3163(b)(4) . (2) The local workforce development board shall establish and apply a set of objective qualifications for the position of director that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local workforce development board. (3) The director and staff described in this subsection are subject to the limitations on the payment of salaries and bonuses prescribed for level II of the Executive Schedule under 5 U.S.C. § 5313 . (e) A member of a local workforce development board or a member of a standing committee of a local workforce development board shall not: (1) Vote on a matter under consideration by the local workforce development board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or (2) Engage in another activity determined by the Governor to constitute a conflict of interest as specified in the state plan. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) The functions of a local workforce development board include: (1) (A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713 . (B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan; (2) Carrying out analyses of: (A) Economic conditions in the region; (B) Needed knowledge and skills for the region; (C) The workforce in the region; and (D) Workforce development activities, including without limitation education and training; (3) Regularly updating the information analyzed under subdivision (a)(2)(A) of this section; (4) Assisting the Governor in developing the statewide workforce and labor market information system, specifically in the collection, analysis, and use of workforce and labor market information for the region; (5) Conducting other research, data collection, and analysis related to the workforce needs of the regional economy as the local workforce development board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions; (6) Convening local workforce development system stakeholders to assist in the development of the local workforce development plan and in identifying nonfederal expertise and resources to leverage support for workforce development activities; (7) Leading efforts to engage with a diverse range of employers and with entities in the region involved to: (A) Promote business representation on the local workforce development board, particularly with representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region; (B) Develop effective linkages, including without limitation the use of intermediaries, with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities; (C) Ensure that workforce investment activities meet the needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and (D) Develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers, such as the establishment of industry and sector partnerships that provide the skilled workforce needed by employers in the region and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations; (8) With representatives of secondary and postsecondary education programs, leading efforts in the local workforce development area to develop and implement career pathways within the local workforce development area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment; (9) Leading efforts in the local workforce development area to: (A) Identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including without limitation individuals with barriers to employment, in the local workforce development system, including without limitation providing physical and programmatic accessibility for persons with disabilities; and (B) Identify and disseminate information on proven and promising practices carried out in other local workforce development areas for meeting such needs; (10) Developing strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers, by: (A) Facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local workforce development area; (B) Facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas; (C) Identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and (D) Leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment; (11) In partnership with the chief elected official for the local workforce development area: (A) Conducting oversight for local youth workforce investment activities, local employment and training activities, and the one-stop delivery system in the local workforce development area; (B) Ensuring the appropriate use and management of funds; and (C) Ensuring the appropriate use, management, and investment of funds to maximize performance outcomes; (12) Negotiating and reaching agreement on local performance accountability measures; (13) Selecting operators and providers, including: (A) With the agreement of the chief elected official for the local workforce development area: (i) Designating or certifying one-stop operators; and (ii) Terminating for cause the eligibility of such operators; (B) Both: (i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and (ii) Terminating for cause the eligibility of such providers; (C) Identifying eligible providers of training services in the local workforce development area; (D) If the one-stop operator does not provide career services, identifying eligible providers of those career services in the local workforce development area by awarding contracts; and (E) Working with the state to ensure that there are sufficient numbers and types of providers of career services and training services, including without limitation eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities, serving the local workforce development area, and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities; (14) Coordinating activities with education and training providers in the local workforce development area, including without limitation providers of workforce investment activities, providers of adult education and literacy activities, providers of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006, 20 U.S.C. § 2302 , and local agencies administering plans under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 ; (15) Annually assessing the physical and programmatic accessibility, in accordance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., of all one-stop centers in the local workforce development area; and (16) (A) Developing a budget for the activities of the local workforce development board in the local workforce development area, consistent with the local workforce development plan and the duties of the local workforce development area, subject to the approval of the chief elected official. (B) The chief elected official in a local workforce development area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local workforce development area under §§ 128 and 133 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3163 and 3173 , unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear liability.

(1) (A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713 . (B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan;

(A) Developing and submitting a local workforce development plan to the Governor that meets the requirements in § 15-4-3713 .

(B) If the local workforce development area is part of a planning region that includes other local workforce development areas, the local workforce development board shall collaborate with the other local workforce development boards and chief elected officials from the other local workforce development areas in the preparation and submission of a regional plan;

(2) Carrying out analyses of: (A) Economic conditions in the region; (B) Needed knowledge and skills for the region; (C) The workforce in the region; and (D) Workforce development activities, including without limitation education and training;

(A) Economic conditions in the region;

(B) Needed knowledge and skills for the region;

(C) The workforce in the region; and

(D) Workforce development activities, including without limitation education and training;

(3) Regularly updating the information analyzed under subdivision (a)(2)(A) of this section;

(4) Assisting the Governor in developing the statewide workforce and labor market information system, specifically in the collection, analysis, and use of workforce and labor market information for the region;

(5) Conducting other research, data collection, and analysis related to the workforce needs of the regional economy as the local workforce development board, after receiving input from a wide array of stakeholders, determines to be necessary to carry out its functions;

(6) Convening local workforce development system stakeholders to assist in the development of the local workforce development plan and in identifying nonfederal expertise and resources to leverage support for workforce development activities;

(7) Leading efforts to engage with a diverse range of employers and with entities in the region involved to: (A) Promote business representation on the local workforce development board, particularly with representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region; (B) Develop effective linkages, including without limitation the use of intermediaries, with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities; (C) Ensure that workforce investment activities meet the needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and (D) Develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers, such as the establishment of industry and sector partnerships that provide the skilled workforce needed by employers in the region and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations;

(A) Promote business representation on the local workforce development board, particularly with representatives with optimal policymaking or hiring authority from employers whose employment opportunities reflect existing and emerging employment opportunities in the region;

(B) Develop effective linkages, including without limitation the use of intermediaries, with employers in the region to support employer utilization of the local workforce development system and to support local workforce investment activities;

(C) Ensure that workforce investment activities meet the needs of employers and support economic growth in the region by enhancing communication, coordination, and collaboration among employers, economic development entities, and service providers; and

(D) Develop and implement proven or promising strategies for meeting the employment and skill needs of workers and employers, such as the establishment of industry and sector partnerships that provide the skilled workforce needed by employers in the region and that expand employment and career advancement opportunities for workforce development system participants in in-demand industry sectors or occupations;

(8) With representatives of secondary and postsecondary education programs, leading efforts in the local workforce development area to develop and implement career pathways within the local workforce development area by aligning the employment, training, education, and supportive services that are needed by adults and youth, particularly individuals with barriers to employment;

(9) Leading efforts in the local workforce development area to: (A) Identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including without limitation individuals with barriers to employment, in the local workforce development system, including without limitation providing physical and programmatic accessibility for persons with disabilities; and (B) Identify and disseminate information on proven and promising practices carried out in other local workforce development areas for meeting such needs;

(A) Identify and promote proven and promising strategies and initiatives for meeting the needs of employers, workers, and jobseekers, including without limitation individuals with barriers to employment, in the local workforce development system, including without limitation providing physical and programmatic accessibility for persons with disabilities; and

(B) Identify and disseminate information on proven and promising practices carried out in other local workforce development areas for meeting such needs;

(10) Developing strategies for using technology to maximize the accessibility and effectiveness of the local workforce development system for employers, workers, and jobseekers, by: (A) Facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local workforce development area; (B) Facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas; (C) Identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and (D) Leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment;

(A) Facilitating connections among the intake and case management information systems of the one-stop partner programs to support a comprehensive workforce development system in the local workforce development area;

(B) Facilitating access to services provided through the one-stop delivery system involved, including facilitating the access in remote areas;

(C) Identifying strategies for better meeting the needs of individuals with barriers to employment, including strategies that augment traditional service delivery and increase access to services and programs of the one-stop delivery system, such as improving digital literacy skills; and

(D) Leveraging resources and capacity within the local workforce development system, including resources and capacity for services for individuals with barriers to employment;

(11) In partnership with the chief elected official for the local workforce development area: (A) Conducting oversight for local youth workforce investment activities, local employment and training activities, and the one-stop delivery system in the local workforce development area; (B) Ensuring the appropriate use and management of funds; and (C) Ensuring the appropriate use, management, and investment of funds to maximize performance outcomes;

(A) Conducting oversight for local youth workforce investment activities, local employment and training activities, and the one-stop delivery system in the local workforce development area;

(B) Ensuring the appropriate use and management of funds; and

(C) Ensuring the appropriate use, management, and investment of funds to maximize performance outcomes;

(12) Negotiating and reaching agreement on local performance accountability measures;

(13) Selecting operators and providers, including: (A) With the agreement of the chief elected official for the local workforce development area: (i) Designating or certifying one-stop operators; and (ii) Terminating for cause the eligibility of such operators; (B) Both: (i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and (ii) Terminating for cause the eligibility of such providers; (C) Identifying eligible providers of training services in the local workforce development area; (D) If the one-stop operator does not provide career services, identifying eligible providers of those career services in the local workforce development area by awarding contracts; and (E) Working with the state to ensure that there are sufficient numbers and types of providers of career services and training services, including without limitation eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities, serving the local workforce development area, and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities;

(A) With the agreement of the chief elected official for the local workforce development area: (i) Designating or certifying one-stop operators; and (ii) Terminating for cause the eligibility of such operators;

(i) Designating or certifying one-stop operators; and

(ii) Terminating for cause the eligibility of such operators;

(B) Both: (i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and (ii) Terminating for cause the eligibility of such providers;

(i) Identifying eligible providers of youth workforce investment activities in the local workforce development area by awarding grants or contracts on a competitive basis, based on the recommendations of the youth standing committee; and

(ii) Terminating for cause the eligibility of such providers;

(C) Identifying eligible providers of training services in the local workforce development area;

(D) If the one-stop operator does not provide career services, identifying eligible providers of those career services in the local workforce development area by awarding contracts; and

(E) Working with the state to ensure that there are sufficient numbers and types of providers of career services and training services, including without limitation eligible providers with expertise in assisting individuals with disabilities and eligible providers with expertise in assisting adults in need of adult education and literacy activities, serving the local workforce development area, and providing the services involved in a manner that maximizes consumer choice, as well as providing opportunities that lead to competitive integrated employment for individuals with disabilities;

(14) Coordinating activities with education and training providers in the local workforce development area, including without limitation providers of workforce investment activities, providers of adult education and literacy activities, providers of career and technical education as defined in § 3 of the Carl D. Perkins Career and Technical Education Act of 2006, 20 U.S.C. § 2302 , and local agencies administering plans under Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq., other than 29 U.S.C. § 112 [repealed], 29 U.S.C. § 732 , or 29 U.S.C. § 741 ;

(15) Annually assessing the physical and programmatic accessibility, in accordance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., of all one-stop centers in the local workforce development area; and

(16) (A) Developing a budget for the activities of the local workforce development board in the local workforce development area, consistent with the local workforce development plan and the duties of the local workforce development area, subject to the approval of the chief elected official. (B) The chief elected official in a local workforce development area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local workforce development area under §§ 128 and 133 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3163 and 3173 , unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear liability.

(A) Developing a budget for the activities of the local workforce development board in the local workforce development area, consistent with the local workforce development plan and the duties of the local workforce development area, subject to the approval of the chief elected official.

(B) The chief elected official in a local workforce development area shall serve as the local grant recipient for, and shall be liable for any misuse of, the grant funds allocated to the local workforce development area under §§ 128 and 133 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. §§ 3163 and 3173 , unless the chief elected official reaches an agreement with the Governor for the Governor to act as the local grant recipient and bear liability.

(b) (1) (A) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local workforce development area, may designate an entity to serve as a local grant recipient for such funds or as a local fiscal agent. (B) A designation under subdivision (b)(1)(A) of this section shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds. (2) The local grant recipient or an entity designated as the local grant recipient shall disburse the grant funds for workforce investment activities at the direction of the local workforce development board. (3) (A) The local workforce development board may solicit and accept grants and donations from sources other than federal funds made available under this subchapter. (B) For purposes of this subchapter, a local workforce development board may incorporate, and may operate as an entity described in 26 U.S.C. § 501(c)(3) that is exempt from taxation under 26 U.S.C. § 501(a) .

(1) (A) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local workforce development area, may designate an entity to serve as a local grant recipient for such funds or as a local fiscal agent. (B) A designation under subdivision (b)(1)(A) of this section shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds.

(A) In order to assist in the administration of the grant funds, the chief elected official or the Governor, when the Governor serves as the local grant recipient for a local workforce development area, may designate an entity to serve as a local grant recipient for such funds or as a local fiscal agent.

(B) A designation under subdivision (b)(1)(A) of this section shall not relieve the chief elected official or the Governor of the liability for any misuse of grant funds.

(2) The local grant recipient or an entity designated as the local grant recipient shall disburse the grant funds for workforce investment activities at the direction of the local workforce development board.

(3) (A) The local workforce development board may solicit and accept grants and donations from sources other than federal funds made available under this subchapter. (B) For purposes of this subchapter, a local workforce development board may incorporate, and may operate as an entity described in 26 U.S.C. § 501(c)(3) that is exempt from taxation under 26 U.S.C. § 501(a) .

(A) The local workforce development board may solicit and accept grants and donations from sources other than federal funds made available under this subchapter.

(B) For purposes of this subchapter, a local workforce development board may incorporate, and may operate as an entity described in 26 U.S.C. § 501(c)(3) that is exempt from taxation under 26 U.S.C. § 501(a) .

(c) The local workforce development board shall make available to the public, on a regular basis through electronic means and open meetings, information regarding the activities of the local workforce development board, including without limitation information regarding the local workforce development plan before submission of the local workforce development plan, and regarding membership, the designation and certification of one-stop operators, and the award of grants or contracts to eligible providers of youth workforce investment activities, and on request, minutes of formal meetings of the local workforce development board.

(d) (1) The local workforce development board may hire a director and other staff to assist in carrying out the functions described in this section using funds available under 29 U.S.C §§ 3163(b) and 3173(b) as described in § 128(b)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3163(b)(4) . (2) The local workforce development board shall establish and apply a set of objective qualifications for the position of director that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local workforce development board. (3) The director and staff described in this subsection are subject to the limitations on the payment of salaries and bonuses prescribed for level II of the Executive Schedule under 5 U.S.C. § 5313 .

(1) The local workforce development board may hire a director and other staff to assist in carrying out the functions described in this section using funds available under 29 U.S.C §§ 3163(b) and 3173(b) as described in § 128(b)(4) of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3163(b)(4) .

(2) The local workforce development board shall establish and apply a set of objective qualifications for the position of director that ensures that the individual selected has the requisite knowledge, skills, and abilities, to meet identified benchmarks and to assist in effectively carrying out the functions of the local workforce development board.

(3) The director and staff described in this subsection are subject to the limitations on the payment of salaries and bonuses prescribed for level II of the Executive Schedule under 5 U.S.C. § 5313 .

(e) A member of a local workforce development board or a member of a standing committee of a local workforce development board shall not: (1) Vote on a matter under consideration by the local workforce development board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or (2) Engage in another activity determined by the Governor to constitute a conflict of interest as specified in the state plan.

(1) Vote on a matter under consideration by the local workforce development board: (A) Regarding the provision of services by the member or by an entity that the member represents; or (B) That would provide direct financial benefit to the member or the immediate family of the member; or

(A) Regarding the provision of services by the member or by an entity that the member represents; or

(B) That would provide direct financial benefit to the member or the immediate family of the member; or

(2) Engage in another activity determined by the Governor to constitute a conflict of interest as specified in the state plan.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-4-3204 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3204
Amendment 82 agreement
Status: in_force

As soon as practicable after the General Assembly's approval of the issuance of bonds and before the Arkansas Development Finance Authority issues bonds, the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Director of the Arkansas Economic Development Commission, the President of the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State, all on behalf of the state, and the sponsor of the qualified Amendment 82 project shall execute the Amendment 82 agreement in substantially the same form as approved by the General Assembly. Amended by Act 2019, No. 910,§ 423, eff. 7/1/2019. Acts 2005, No. 1981, § 1.

As soon as practicable after the General Assembly's approval of the issuance of bonds and before the Arkansas Development Finance Authority issues bonds, the Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Director of the Arkansas Economic Development Commission, the President of the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State, all on behalf of the state, and the sponsor of the qualified Amendment 82 project shall execute the Amendment 82 agreement in substantially the same form as approved by the General Assembly.

Amended by Act 2019, No. 910,§ 423, eff. 7/1/2019.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-5-705 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-705
Funding or guarantee of loans - Conditions
Status: in_force

(a) Loans may be guaranteed when: (1) The Arkansas Development Finance Authority deems the utilization of a loan guaranty in the best interest of the economic development of the State of Arkansas; (2) The amount in the Small Business Revolving Loan Fund, excluding the unpaid portion of any direct loan made from the fund in accordance with subsection (b) of this section, is sufficient to pay current calendar debt service requirements on all guaranteed loans currently outstanding plus the loan to be guaranteed; (3) The small-business person is found to be financially responsible and demonstrates that sufficient income may reasonably be expected to be available to pay as they come due the amortization payments of the loan and all normal operating expenses of the business; and (4) (A) A financial institution agrees to participate in the financing package necessary to accomplish the project. (B) Participation may range from ten percent (10%) to fifty percent (50%) depending upon the project and the requirement for funding. (b) A direct loan may be made by the authority from the fund when: (1) The authority deems the making of a direct loan to be in the best interest of the economic development of the State of Arkansas; (2) The small-business person is found to be financially responsible and demonstrates that sufficient income may be reasonably expected to be available to pay as they come due the amortization payments on the loan and the normal operating expenses of the business; and (3) The assets remaining in the fund, excluding the unpaid portion of any direct loan held by the fund, shall not be reduced by the making of the loan to an amount less than is required by subdivision (a)(2) of this section for all then-outstanding guaranteed loans. (c) In all events, the authority shall not make direct loans to small business persons which, in the aggregate, exceed at any one (1) time thirty percent (30%) of the total assets, including the unpaid portion of all direct loans made from the fund, of the fund. Acts 1989, No. 623, § 5; 1991, No. 775, § 3; 1991, No. 874, § 3.

(a) Loans may be guaranteed when: (1) The Arkansas Development Finance Authority deems the utilization of a loan guaranty in the best interest of the economic development of the State of Arkansas; (2) The amount in the Small Business Revolving Loan Fund, excluding the unpaid portion of any direct loan made from the fund in accordance with subsection (b) of this section, is sufficient to pay current calendar debt service requirements on all guaranteed loans currently outstanding plus the loan to be guaranteed; (3) The small-business person is found to be financially responsible and demonstrates that sufficient income may reasonably be expected to be available to pay as they come due the amortization payments of the loan and all normal operating expenses of the business; and (4) (A) A financial institution agrees to participate in the financing package necessary to accomplish the project. (B) Participation may range from ten percent (10%) to fifty percent (50%) depending upon the project and the requirement for funding.

(1) The Arkansas Development Finance Authority deems the utilization of a loan guaranty in the best interest of the economic development of the State of Arkansas;

(2) The amount in the Small Business Revolving Loan Fund, excluding the unpaid portion of any direct loan made from the fund in accordance with subsection (b) of this section, is sufficient to pay current calendar debt service requirements on all guaranteed loans currently outstanding plus the loan to be guaranteed;

(3) The small-business person is found to be financially responsible and demonstrates that sufficient income may reasonably be expected to be available to pay as they come due the amortization payments of the loan and all normal operating expenses of the business; and

(4) (A) A financial institution agrees to participate in the financing package necessary to accomplish the project. (B) Participation may range from ten percent (10%) to fifty percent (50%) depending upon the project and the requirement for funding.

(A) A financial institution agrees to participate in the financing package necessary to accomplish the project.

(B) Participation may range from ten percent (10%) to fifty percent (50%) depending upon the project and the requirement for funding.

(b) A direct loan may be made by the authority from the fund when: (1) The authority deems the making of a direct loan to be in the best interest of the economic development of the State of Arkansas; (2) The small-business person is found to be financially responsible and demonstrates that sufficient income may be reasonably expected to be available to pay as they come due the amortization payments on the loan and the normal operating expenses of the business; and (3) The assets remaining in the fund, excluding the unpaid portion of any direct loan held by the fund, shall not be reduced by the making of the loan to an amount less than is required by subdivision (a)(2) of this section for all then-outstanding guaranteed loans.

(1) The authority deems the making of a direct loan to be in the best interest of the economic development of the State of Arkansas;

(2) The small-business person is found to be financially responsible and demonstrates that sufficient income may be reasonably expected to be available to pay as they come due the amortization payments on the loan and the normal operating expenses of the business; and

(3) The assets remaining in the fund, excluding the unpaid portion of any direct loan held by the fund, shall not be reduced by the making of the loan to an amount less than is required by subdivision (a)(2) of this section for all then-outstanding guaranteed loans.

(c) In all events, the authority shall not make direct loans to small business persons which, in the aggregate, exceed at any one (1) time thirty percent (30%) of the total assets, including the unpaid portion of all direct loans made from the fund, of the fund.

Acts 1989, No. 623, § 5; 1991, No. 775, § 3; 1991, No. 874, § 3.
Ark. Code Ann. § 15-75-406 — AR Code / Title 15 / Chapter 75 / Subchapter 4 / Section 15-75-406
Unlawful use of containers
Status: in_force

(a) If a liquefied petroleum gas container shall bear upon the surface thereof in plainly legible characters the name, mark, initials, or other identifying device of the owner thereof, it shall be unlawful for any person except the owner or a person authorized in writing by him or her: (1) To fill or refill the container with liquefied petroleum gas or any other gas or compound; (2) To buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered, or otherwise use, dispose of, or traffic in any such container; or (3) To deface, erase, obliterate, cover up, or otherwise remove, conceal, or change any such name, mark, initials, or other identifying device of the owner or to place the name, mark, initials, or other identifying device of any person other than the owner on the container. (b) The use of liquefied petroleum gas containers by any person other than the person whose name, mark, initial, or device shall be or shall have been upon the liquefied petroleum gas containers, without written consent or purchase of the marked and distinguished liquefied petroleum gas container, for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or the possession of the liquefied petroleum gas containers by any person other than the person having his or her name, mark, initial, or other device thereon, without the written consent of the owner, shall be and is declared to be presumptive evidence of the unlawful use, filling or refilling, transition of, or trafficking in the liquefied petroleum gas containers. (c) Whenever any person or the president, secretary, treasurer, or other officer of any corporation mentioned in subsection (e) of this section or his, her, its, or their authorized agent who has personal knowledge of the facts, shall make oath in writing before any justice of the peace, municipal judge, or other magistrate that the party so making the affidavit has reason to believe and does believe that any of his, her, its, or their liquefied petroleum gas containers marked with the name, initials, mark, or other device of the owner are in the possession of or being used by or being filled or refilled or transferred by any person whose name, initials, mark, or other device does not appear on the containers, and who is in the possession of, filling or refilling, or using any of the containers without the written consent of the owner of the name, initials, or trademark, the magistrate may, when satisfied that there is reasonable cause: (1) Issue a search warrant and cause the premises designated to be searched for the purpose of discovering and obtaining the containers; and (2) May also cause to be brought before him or her the person in whose possession such containers may be found and shall then inquire into the circumstances of such a possession. If the magistrate finds that the person has been guilty of a violation of this section, he or she shall impose the punishment herein prescribed, and he or she shall also award the possession of property taken upon the search warrant to the owner thereof. (d) Any person who shall fail to comply with any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than ninety (90) days or by a fine of not less than twenty-five dollars ($25.00) and not exceeding three hundred dollars ($300), or by both fine and imprisonment, for each separate offense. (e) As used in this section, unless the context otherwise requires: (1) "Person" means and includes any person, firm, or corporation; and (2) "Owner" means and includes: (A) Any person who holds a written bill of sale or other instrument under which title to the container was transferred to the person; (B) Any person who holds a paid or receipted invoice showing purchase and payment of the container; (C) Any person whose name, initials, mark, or other identifying device has been plainly and legibly stamped or otherwise shown upon the surface of the container for a period of not less than one (1) year prior to March 12, 1957; or (D) Any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale or otherwise. (f) (1) If a seller of liquefied petroleum gas is unable to promptly respond to a request for the delivery of liquefied petroleum gas from a person lawfully in possession of a liquefied petroleum gas container bearing upon the surface thereof the name, mark, initials, or other identifying device of that seller, the seller shall immediately authorize in writing some other seller, or sellers, to fill or refill the liquefied petroleum gas container. This authorization, including the name, address, and telephone number of the authorized seller, shall be immediately communicated to any customer of the original seller who inquires regarding the delivery of liquefied petroleum gas. (2) For the purposes of this subsection, a seller is able to "promptly respond to a request" to deliver liquefied petroleum gas if the seller can complete the delivery within ninety-six (96) hours of the request. (3) This section shall not apply when a seller of liquified petroleum gas has determined that: (A) The gas container in the possession of the person requesting delivery is more than ten percent (10%) full; (B) Delivery of the liquified petroleum gas would create a safety hazard because of equipment defects; (C) The person requesting delivery has failed to pay the seller for a previous delivery of liquified petroleum gas; or (D) Credit has not been established with the seller by the person requesting delivery, and the person requesting delivery is unable to pay for the liquified petroleum gas in full at the time of delivery. (4) In order to expedite the delivery of liquified petroleum gas, the required pressure testing by the seller is waived for any delivery of liquified petroleum gas under this subsection only. (g) (1) The Director of the Liquefied Petroleum Gas Board may allow a liquefied petroleum gas company to fill or service another liquefied petroleum gas company's container during a declared state of emergency by the Governor if the liquefied petroleum gas company owning the container will not or cannot fill or service the container within twenty-four (24) hours after the request for service by a person or company. (2) If the director determines that there is an immediate need to fill the liquefied petroleum gas container during the declared emergency, the director may authorize the filling of the container in less than the twenty-four-hour period if the company owning the container will not or cannot fill or service the container in less than the twenty-four-hour period. (3) To expedite the delivery of liquefied petroleum gas, the required pressure testing by the seller is waived for any delivery of liquefied petroleum gas under this subsection during a declared emergency. Acts 1957, No. 257, §§ 1-5; A.S.A. 1947, §§ 53-730 -- 53-734; Acts 2001, No. 918, § 1; 2009, No. 528, § 1.

(a) If a liquefied petroleum gas container shall bear upon the surface thereof in plainly legible characters the name, mark, initials, or other identifying device of the owner thereof, it shall be unlawful for any person except the owner or a person authorized in writing by him or her: (1) To fill or refill the container with liquefied petroleum gas or any other gas or compound; (2) To buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered, or otherwise use, dispose of, or traffic in any such container; or (3) To deface, erase, obliterate, cover up, or otherwise remove, conceal, or change any such name, mark, initials, or other identifying device of the owner or to place the name, mark, initials, or other identifying device of any person other than the owner on the container.

(1) To fill or refill the container with liquefied petroleum gas or any other gas or compound;

(2) To buy, sell, offer for sale, give, take, loan, deliver, or permit to be delivered, or otherwise use, dispose of, or traffic in any such container; or

(3) To deface, erase, obliterate, cover up, or otherwise remove, conceal, or change any such name, mark, initials, or other identifying device of the owner or to place the name, mark, initials, or other identifying device of any person other than the owner on the container.

(b) The use of liquefied petroleum gas containers by any person other than the person whose name, mark, initial, or device shall be or shall have been upon the liquefied petroleum gas containers, without written consent or purchase of the marked and distinguished liquefied petroleum gas container, for the sale of liquefied petroleum gas or filling or refilling with liquefied petroleum gas, or the possession of the liquefied petroleum gas containers by any person other than the person having his or her name, mark, initial, or other device thereon, without the written consent of the owner, shall be and is declared to be presumptive evidence of the unlawful use, filling or refilling, transition of, or trafficking in the liquefied petroleum gas containers.

(c) Whenever any person or the president, secretary, treasurer, or other officer of any corporation mentioned in subsection (e) of this section or his, her, its, or their authorized agent who has personal knowledge of the facts, shall make oath in writing before any justice of the peace, municipal judge, or other magistrate that the party so making the affidavit has reason to believe and does believe that any of his, her, its, or their liquefied petroleum gas containers marked with the name, initials, mark, or other device of the owner are in the possession of or being used by or being filled or refilled or transferred by any person whose name, initials, mark, or other device does not appear on the containers, and who is in the possession of, filling or refilling, or using any of the containers without the written consent of the owner of the name, initials, or trademark, the magistrate may, when satisfied that there is reasonable cause: (1) Issue a search warrant and cause the premises designated to be searched for the purpose of discovering and obtaining the containers; and (2) May also cause to be brought before him or her the person in whose possession such containers may be found and shall then inquire into the circumstances of such a possession. If the magistrate finds that the person has been guilty of a violation of this section, he or she shall impose the punishment herein prescribed, and he or she shall also award the possession of property taken upon the search warrant to the owner thereof.

(1) Issue a search warrant and cause the premises designated to be searched for the purpose of discovering and obtaining the containers; and

(2) May also cause to be brought before him or her the person in whose possession such containers may be found and shall then inquire into the circumstances of such a possession. If the magistrate finds that the person has been guilty of a violation of this section, he or she shall impose the punishment herein prescribed, and he or she shall also award the possession of property taken upon the search warrant to the owner thereof.

(d) Any person who shall fail to comply with any of the foregoing provisions of this section shall be deemed guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than ninety (90) days or by a fine of not less than twenty-five dollars ($25.00) and not exceeding three hundred dollars ($300), or by both fine and imprisonment, for each separate offense.

(e) As used in this section, unless the context otherwise requires: (1) "Person" means and includes any person, firm, or corporation; and (2) "Owner" means and includes: (A) Any person who holds a written bill of sale or other instrument under which title to the container was transferred to the person; (B) Any person who holds a paid or receipted invoice showing purchase and payment of the container; (C) Any person whose name, initials, mark, or other identifying device has been plainly and legibly stamped or otherwise shown upon the surface of the container for a period of not less than one (1) year prior to March 12, 1957; or (D) Any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale or otherwise.

(1) "Person" means and includes any person, firm, or corporation; and

(2) "Owner" means and includes: (A) Any person who holds a written bill of sale or other instrument under which title to the container was transferred to the person; (B) Any person who holds a paid or receipted invoice showing purchase and payment of the container; (C) Any person whose name, initials, mark, or other identifying device has been plainly and legibly stamped or otherwise shown upon the surface of the container for a period of not less than one (1) year prior to March 12, 1957; or (D) Any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale or otherwise.

(A) Any person who holds a written bill of sale or other instrument under which title to the container was transferred to the person;

(B) Any person who holds a paid or receipted invoice showing purchase and payment of the container;

(C) Any person whose name, initials, mark, or other identifying device has been plainly and legibly stamped or otherwise shown upon the surface of the container for a period of not less than one (1) year prior to March 12, 1957; or

(D) Any manufacturer of a container who has not sold or transferred ownership thereof by written bill of sale or otherwise.

(f) (1) If a seller of liquefied petroleum gas is unable to promptly respond to a request for the delivery of liquefied petroleum gas from a person lawfully in possession of a liquefied petroleum gas container bearing upon the surface thereof the name, mark, initials, or other identifying device of that seller, the seller shall immediately authorize in writing some other seller, or sellers, to fill or refill the liquefied petroleum gas container. This authorization, including the name, address, and telephone number of the authorized seller, shall be immediately communicated to any customer of the original seller who inquires regarding the delivery of liquefied petroleum gas. (2) For the purposes of this subsection, a seller is able to "promptly respond to a request" to deliver liquefied petroleum gas if the seller can complete the delivery within ninety-six (96) hours of the request. (3) This section shall not apply when a seller of liquified petroleum gas has determined that: (A) The gas container in the possession of the person requesting delivery is more than ten percent (10%) full; (B) Delivery of the liquified petroleum gas would create a safety hazard because of equipment defects; (C) The person requesting delivery has failed to pay the seller for a previous delivery of liquified petroleum gas; or (D) Credit has not been established with the seller by the person requesting delivery, and the person requesting delivery is unable to pay for the liquified petroleum gas in full at the time of delivery. (4) In order to expedite the delivery of liquified petroleum gas, the required pressure testing by the seller is waived for any delivery of liquified petroleum gas under this subsection only.

(1) If a seller of liquefied petroleum gas is unable to promptly respond to a request for the delivery of liquefied petroleum gas from a person lawfully in possession of a liquefied petroleum gas container bearing upon the surface thereof the name, mark, initials, or other identifying device of that seller, the seller shall immediately authorize in writing some other seller, or sellers, to fill or refill the liquefied petroleum gas container. This authorization, including the name, address, and telephone number of the authorized seller, shall be immediately communicated to any customer of the original seller who inquires regarding the delivery of liquefied petroleum gas.

(2) For the purposes of this subsection, a seller is able to "promptly respond to a request" to deliver liquefied petroleum gas if the seller can complete the delivery within ninety-six (96) hours of the request.

(3) This section shall not apply when a seller of liquified petroleum gas has determined that: (A) The gas container in the possession of the person requesting delivery is more than ten percent (10%) full; (B) Delivery of the liquified petroleum gas would create a safety hazard because of equipment defects; (C) The person requesting delivery has failed to pay the seller for a previous delivery of liquified petroleum gas; or (D) Credit has not been established with the seller by the person requesting delivery, and the person requesting delivery is unable to pay for the liquified petroleum gas in full at the time of delivery.

(A) The gas container in the possession of the person requesting delivery is more than ten percent (10%) full;

(B) Delivery of the liquified petroleum gas would create a safety hazard because of equipment defects;

(C) The person requesting delivery has failed to pay the seller for a previous delivery of liquified petroleum gas; or

(D) Credit has not been established with the seller by the person requesting delivery, and the person requesting delivery is unable to pay for the liquified petroleum gas in full at the time of delivery.

(4) In order to expedite the delivery of liquified petroleum gas, the required pressure testing by the seller is waived for any delivery of liquified petroleum gas under this subsection only.

(g) (1) The Director of the Liquefied Petroleum Gas Board may allow a liquefied petroleum gas company to fill or service another liquefied petroleum gas company's container during a declared state of emergency by the Governor if the liquefied petroleum gas company owning the container will not or cannot fill or service the container within twenty-four (24) hours after the request for service by a person or company. (2) If the director determines that there is an immediate need to fill the liquefied petroleum gas container during the declared emergency, the director may authorize the filling of the container in less than the twenty-four-hour period if the company owning the container will not or cannot fill or service the container in less than the twenty-four-hour period. (3) To expedite the delivery of liquefied petroleum gas, the required pressure testing by the seller is waived for any delivery of liquefied petroleum gas under this subsection during a declared emergency.

(1) The Director of the Liquefied Petroleum Gas Board may allow a liquefied petroleum gas company to fill or service another liquefied petroleum gas company's container during a declared state of emergency by the Governor if the liquefied petroleum gas company owning the container will not or cannot fill or service the container within twenty-four (24) hours after the request for service by a person or company.

(2) If the director determines that there is an immediate need to fill the liquefied petroleum gas container during the declared emergency, the director may authorize the filling of the container in less than the twenty-four-hour period if the company owning the container will not or cannot fill or service the container in less than the twenty-four-hour period.

(3) To expedite the delivery of liquefied petroleum gas, the required pressure testing by the seller is waived for any delivery of liquefied petroleum gas under this subsection during a declared emergency.

Acts 1957, No. 257, §§ 1-5; A.S.A. 1947, §§ 53-730 -- 53-734; Acts 2001, No. 918, § 1; 2009, No. 528, § 1.
Ark. Code Ann. § 15-4-502 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-502
Articles of incorporation - Contents
Status: in_force

(a) The articles of incorporation shall state: (1) The name of the corporation. The name shall include the name of the city, town, or county and the words "industrial development" or "economic development" and the word "corporation", "incorporated", "inc.", or "company". The name shall be such as to distinguish it from any other corporation organized and existing under the laws of this state; (2) The purpose for which the corporation is formed; (3) The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members or until their successors are elected and qualified; (4) The number of directors, not fewer than three (3), to be elected at the annual meetings of members; (5) The address of its principal office and the name and address of its agent upon whom process may be served; (6) The period of duration of the corporation, which may be perpetual; (7) The terms and conditions upon which persons shall be admitted to membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and (8) Any provisions not inconsistent with law which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation. (b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this act. Acts 1955, No. 404, § 14; A.S.A. 1947, § 9-517; Acts 2001, No. 620, § 2.

(a) The articles of incorporation shall state: (1) The name of the corporation. The name shall include the name of the city, town, or county and the words "industrial development" or "economic development" and the word "corporation", "incorporated", "inc.", or "company". The name shall be such as to distinguish it from any other corporation organized and existing under the laws of this state; (2) The purpose for which the corporation is formed; (3) The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members or until their successors are elected and qualified; (4) The number of directors, not fewer than three (3), to be elected at the annual meetings of members; (5) The address of its principal office and the name and address of its agent upon whom process may be served; (6) The period of duration of the corporation, which may be perpetual; (7) The terms and conditions upon which persons shall be admitted to membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and (8) Any provisions not inconsistent with law which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation.

(1) The name of the corporation. The name shall include the name of the city, town, or county and the words "industrial development" or "economic development" and the word "corporation", "incorporated", "inc.", or "company". The name shall be such as to distinguish it from any other corporation organized and existing under the laws of this state;

(2) The purpose for which the corporation is formed;

(3) The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members or until their successors are elected and qualified;

(4) The number of directors, not fewer than three (3), to be elected at the annual meetings of members;

(5) The address of its principal office and the name and address of its agent upon whom process may be served;

(6) The period of duration of the corporation, which may be perpetual;

(7) The terms and conditions upon which persons shall be admitted to membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and

(8) Any provisions not inconsistent with law which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation.

(b) It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this act.

Acts 1955, No. 404, § 14; A.S.A. 1947, § 9-517; Acts 2001, No. 620, § 2.
Ark. Code Ann. § 15-56-310 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-310
In rem proceedings against unleased interest in minerals
Status: in_force

The proceedings provided for in this subchapter shall be for all purposes an action in rem against the unleased interest in minerals as described in this subchapter. Acts 1963, No. 85, § 14; A.S.A. 1947, § 52-213.2.

The proceedings provided for in this subchapter shall be for all purposes an action in rem against the unleased interest in minerals as described in this subchapter.

Acts 1963, No. 85, § 14; A.S.A. 1947, § 52-213.2.
Ark. Code Ann. § 15-12-103 — AR Code / Title 15 / Chapter 12 / Section 15-12-103
Disposition of revenues - Grants
Status: in_force

(a) All revenues derived from the additional tax levied by § 26-60-105(b) shall be deposited by the Secretary of the Department of Finance and Administration into the State Treasury as special revenues. (b) After deducting three percent (3%) of the revenues for distribution to the Constitutional Officers Fund and the State Central Services Fund to be used for the purposes as provided by law, the Treasurer of State shall credit the net amount thereof as follows: (1) (A) Eighty percent (80%) of the net amount shall be credited to the Arkansas Natural and Cultural Resources Grants and Trust Fund, to be preserved and managed by the Arkansas Natural and Cultural Resources Council for use in the acquisition, management, and stewardship of state-owned lands or the preservation of state-owned historic sites, buildings, structures, or objects which the council determines to be of value for recreation or conservation purposes, with the properties to be used, preserved, and conserved for the benefit of this and future generations. (B) It is not the intention of this chapter that the council shall itself manage, operate, or maintain any lands so acquired, but, rather, that it from time to time in its own discretion shall make grants to other agencies of the state authorized by law to acquire, manage, operate, and maintain the lands. (C) The grants shall be made in such amounts, for such purposes, and to such agencies as the council in its discretion shall select. (D) However, in choosing among competing purposes or expenditures, the council shall be guided by the principles set forth in the Arkansas Statewide Comprehensive Outdoor Recreation Plan as it may exist and be in force from time to time. (E) In funding state park improvements, the council should initially emphasize the restoration or renovation of existing facilities and historic structures within the state park system. (F) The council in its discretion shall have power either to allow moneys paid into the Arkansas Natural and Cultural Resources Grants and Trust Fund to accumulate, with only the income thereon being spent, or to expend the whole or any part of the corpus or principal of the Arkansas Natural and Cultural Resources Grants and Trust Fund. (G) However, the council shall have power to do any and all things necessary to take advantage of federal or private funds donated or obtainable through the use of the Arkansas Natural and Cultural Resources Grants and Trust Fund. (H) Without limiting the generality of the foregoing provisions of this section, the council shall have power to set aside any portion of the Arkansas Natural and Cultural Resources Grants and Trust Fund into a separate and segregated account, the corpus or principal of which shall be inviolate, and only the income of which may be expended, to the extent necessary to comply with any federal law, regulation, or other requirement in connection with federal matching or grant moneys. (I) As used in this section, "stewardship" shall include moneys necessary for the maintenance, preservation, operation, improvement, and management of state-owned lands acquired for recreational or conservational purposes and shall include such other stewardship purposes as may be authorized by the council; (2) Ten percent (10%) of the net amount shall be distributed to the Parks and Tourism Fund Account, to be used by the Department of Parks, Heritage, and Tourism, on approval of the Parks, Recreation, and Tourism Grant Advisory Committee, for making grants for outdoor recreational purposes to cities and counties of this state in accordance with the plan; and (3) Ten percent (10%) of the net amount shall be credited to a fund to be known as the "Natural and Cultural Resources Historic Preservation Trust Fund", to be used by the council for providing a source of funds for the operation of the state historic preservation program and the Main Street program. Amended by Act 2019, No. 910,§ 3409, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3408, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 24, eff. 8/1/2017. Acts 1987, No. 729, § 5.

(a) All revenues derived from the additional tax levied by § 26-60-105(b) shall be deposited by the Secretary of the Department of Finance and Administration into the State Treasury as special revenues.

(b) After deducting three percent (3%) of the revenues for distribution to the Constitutional Officers Fund and the State Central Services Fund to be used for the purposes as provided by law, the Treasurer of State shall credit the net amount thereof as follows: (1) (A) Eighty percent (80%) of the net amount shall be credited to the Arkansas Natural and Cultural Resources Grants and Trust Fund, to be preserved and managed by the Arkansas Natural and Cultural Resources Council for use in the acquisition, management, and stewardship of state-owned lands or the preservation of state-owned historic sites, buildings, structures, or objects which the council determines to be of value for recreation or conservation purposes, with the properties to be used, preserved, and conserved for the benefit of this and future generations. (B) It is not the intention of this chapter that the council shall itself manage, operate, or maintain any lands so acquired, but, rather, that it from time to time in its own discretion shall make grants to other agencies of the state authorized by law to acquire, manage, operate, and maintain the lands. (C) The grants shall be made in such amounts, for such purposes, and to such agencies as the council in its discretion shall select. (D) However, in choosing among competing purposes or expenditures, the council shall be guided by the principles set forth in the Arkansas Statewide Comprehensive Outdoor Recreation Plan as it may exist and be in force from time to time. (E) In funding state park improvements, the council should initially emphasize the restoration or renovation of existing facilities and historic structures within the state park system. (F) The council in its discretion shall have power either to allow moneys paid into the Arkansas Natural and Cultural Resources Grants and Trust Fund to accumulate, with only the income thereon being spent, or to expend the whole or any part of the corpus or principal of the Arkansas Natural and Cultural Resources Grants and Trust Fund. (G) However, the council shall have power to do any and all things necessary to take advantage of federal or private funds donated or obtainable through the use of the Arkansas Natural and Cultural Resources Grants and Trust Fund. (H) Without limiting the generality of the foregoing provisions of this section, the council shall have power to set aside any portion of the Arkansas Natural and Cultural Resources Grants and Trust Fund into a separate and segregated account, the corpus or principal of which shall be inviolate, and only the income of which may be expended, to the extent necessary to comply with any federal law, regulation, or other requirement in connection with federal matching or grant moneys. (I) As used in this section, "stewardship" shall include moneys necessary for the maintenance, preservation, operation, improvement, and management of state-owned lands acquired for recreational or conservational purposes and shall include such other stewardship purposes as may be authorized by the council; (2) Ten percent (10%) of the net amount shall be distributed to the Parks and Tourism Fund Account, to be used by the Department of Parks, Heritage, and Tourism, on approval of the Parks, Recreation, and Tourism Grant Advisory Committee, for making grants for outdoor recreational purposes to cities and counties of this state in accordance with the plan; and (3) Ten percent (10%) of the net amount shall be credited to a fund to be known as the "Natural and Cultural Resources Historic Preservation Trust Fund", to be used by the council for providing a source of funds for the operation of the state historic preservation program and the Main Street program.

(1) (A) Eighty percent (80%) of the net amount shall be credited to the Arkansas Natural and Cultural Resources Grants and Trust Fund, to be preserved and managed by the Arkansas Natural and Cultural Resources Council for use in the acquisition, management, and stewardship of state-owned lands or the preservation of state-owned historic sites, buildings, structures, or objects which the council determines to be of value for recreation or conservation purposes, with the properties to be used, preserved, and conserved for the benefit of this and future generations. (B) It is not the intention of this chapter that the council shall itself manage, operate, or maintain any lands so acquired, but, rather, that it from time to time in its own discretion shall make grants to other agencies of the state authorized by law to acquire, manage, operate, and maintain the lands. (C) The grants shall be made in such amounts, for such purposes, and to such agencies as the council in its discretion shall select. (D) However, in choosing among competing purposes or expenditures, the council shall be guided by the principles set forth in the Arkansas Statewide Comprehensive Outdoor Recreation Plan as it may exist and be in force from time to time. (E) In funding state park improvements, the council should initially emphasize the restoration or renovation of existing facilities and historic structures within the state park system. (F) The council in its discretion shall have power either to allow moneys paid into the Arkansas Natural and Cultural Resources Grants and Trust Fund to accumulate, with only the income thereon being spent, or to expend the whole or any part of the corpus or principal of the Arkansas Natural and Cultural Resources Grants and Trust Fund. (G) However, the council shall have power to do any and all things necessary to take advantage of federal or private funds donated or obtainable through the use of the Arkansas Natural and Cultural Resources Grants and Trust Fund. (H) Without limiting the generality of the foregoing provisions of this section, the council shall have power to set aside any portion of the Arkansas Natural and Cultural Resources Grants and Trust Fund into a separate and segregated account, the corpus or principal of which shall be inviolate, and only the income of which may be expended, to the extent necessary to comply with any federal law, regulation, or other requirement in connection with federal matching or grant moneys. (I) As used in this section, "stewardship" shall include moneys necessary for the maintenance, preservation, operation, improvement, and management of state-owned lands acquired for recreational or conservational purposes and shall include such other stewardship purposes as may be authorized by the council;

(A) Eighty percent (80%) of the net amount shall be credited to the Arkansas Natural and Cultural Resources Grants and Trust Fund, to be preserved and managed by the Arkansas Natural and Cultural Resources Council for use in the acquisition, management, and stewardship of state-owned lands or the preservation of state-owned historic sites, buildings, structures, or objects which the council determines to be of value for recreation or conservation purposes, with the properties to be used, preserved, and conserved for the benefit of this and future generations.

(B) It is not the intention of this chapter that the council shall itself manage, operate, or maintain any lands so acquired, but, rather, that it from time to time in its own discretion shall make grants to other agencies of the state authorized by law to acquire, manage, operate, and maintain the lands.

(C) The grants shall be made in such amounts, for such purposes, and to such agencies as the council in its discretion shall select.

(D) However, in choosing among competing purposes or expenditures, the council shall be guided by the principles set forth in the Arkansas Statewide Comprehensive Outdoor Recreation Plan as it may exist and be in force from time to time.

(E) In funding state park improvements, the council should initially emphasize the restoration or renovation of existing facilities and historic structures within the state park system.

(F) The council in its discretion shall have power either to allow moneys paid into the Arkansas Natural and Cultural Resources Grants and Trust Fund to accumulate, with only the income thereon being spent, or to expend the whole or any part of the corpus or principal of the Arkansas Natural and Cultural Resources Grants and Trust Fund.

(G) However, the council shall have power to do any and all things necessary to take advantage of federal or private funds donated or obtainable through the use of the Arkansas Natural and Cultural Resources Grants and Trust Fund.

(H) Without limiting the generality of the foregoing provisions of this section, the council shall have power to set aside any portion of the Arkansas Natural and Cultural Resources Grants and Trust Fund into a separate and segregated account, the corpus or principal of which shall be inviolate, and only the income of which may be expended, to the extent necessary to comply with any federal law, regulation, or other requirement in connection with federal matching or grant moneys.

(I) As used in this section, "stewardship" shall include moneys necessary for the maintenance, preservation, operation, improvement, and management of state-owned lands acquired for recreational or conservational purposes and shall include such other stewardship purposes as may be authorized by the council;

(2) Ten percent (10%) of the net amount shall be distributed to the Parks and Tourism Fund Account, to be used by the Department of Parks, Heritage, and Tourism, on approval of the Parks, Recreation, and Tourism Grant Advisory Committee, for making grants for outdoor recreational purposes to cities and counties of this state in accordance with the plan; and

(3) Ten percent (10%) of the net amount shall be credited to a fund to be known as the "Natural and Cultural Resources Historic Preservation Trust Fund", to be used by the council for providing a source of funds for the operation of the state historic preservation program and the Main Street program.

Amended by Act 2019, No. 910,§ 3409, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3408, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 24, eff. 8/1/2017.

Acts 1987, No. 729, § 5.
Ark. Code Ann. § 15-4-1904 — AR Code / Title 15 / Chapter 4 / Subchapter 19 / Section 15-4-1904
Qualifications
Status: in_force

To qualify for the benefits of this subchapter, the business must: (1) Be an eligible business as defined in § 15-4-1902 ; (2) Hire at least one hundred (100) net new full-time permanent employees within twenty-four (24) months of the date the financial incentive plan was signed by the Arkansas Economic Development Commission and the business; (3) Expend at least five million dollars ($5,000,000) on the project covered by the financial incentive plan; (4) Agree to certify to the Department of Finance and Administration the number of net new full-time permanent employees and the average hourly wage of the net new full-time permanent employees once the number of net new full-time permanent employees reaches one hundred (100); and (5) Agree to certify to the department within thirty (30) days after the number of net new full-time permanent employees falls below one hundred (100) or the average hourly wage falls below the amount specified in the financial incentive plan. Acts 1995, No. 831, § 4; 1997, No. 807, § 16; 1999, No. 575, § 3.

To qualify for the benefits of this subchapter, the business must:

(1) Be an eligible business as defined in § 15-4-1902 ;

(2) Hire at least one hundred (100) net new full-time permanent employees within twenty-four (24) months of the date the financial incentive plan was signed by the Arkansas Economic Development Commission and the business;

(3) Expend at least five million dollars ($5,000,000) on the project covered by the financial incentive plan;

(4) Agree to certify to the Department of Finance and Administration the number of net new full-time permanent employees and the average hourly wage of the net new full-time permanent employees once the number of net new full-time permanent employees reaches one hundred (100); and

(5) Agree to certify to the department within thirty (30) days after the number of net new full-time permanent employees falls below one hundred (100) or the average hourly wage falls below the amount specified in the financial incentive plan.

Acts 1995, No. 831, § 4; 1997, No. 807, § 16; 1999, No. 575, § 3.
Ark. Code Ann. § 15-4-305 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-305
Administrator
Status: in_force

(a) The head of the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission is the Administrator of the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission. (b) The administrator shall be appointed by the Governor and shall serve at the pleasure of the Governor. (c) The administrator shall report to the Secretary of the Department of Commerce. Amended by Act 2019, No. 910,§ 361, eff. 7/1/2019. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1977, No. 544, § 4; A.S.A. 1947, § 5-916.5; Acts 2009, No. 1222, § 5.

(a) The head of the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission is the Administrator of the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission.

(b) The administrator shall be appointed by the Governor and shall serve at the pleasure of the Governor.

(c) The administrator shall report to the Secretary of the Department of Commerce.

Amended by Act 2019, No. 910,§ 361, eff. 7/1/2019.

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

Acts 1977, No. 544, § 4; A.S.A. 1947, § 5-916.5; Acts 2009, No. 1222, § 5.
Ark. Code Ann. § 15-20-1106 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1106
Designated nutrient application
Status: in_force

(a) It shall be a violation of this subchapter to apply designated nutrients to soils or associated crops within a nutrient surplus area unless the nutrient application is done in compliance with a nutrient management plan approved by the Arkansas Natural Resources Commission or at a protective rate established by the commission. (b) After a soil test with nutrient application recommendations is obtained for lands within a nutrient surplus area: (1) Application of commercial fertilizer may continue in compliance with the protective rate after January 1, 2007; and (2) The protective rate as indicated by the soil test shall constitute a permit to apply nutrients consistent with the protective rate. (c) Designated nutrient application within a nutrient surplus area shall be applied under time, place, and manner restrictions determined necessary by the commission to protect the soil fertility, crop vitality, and the waters within the state. (d) Except as provided in subsection (e) of this section: (1) (A) Only a certified nutrient applicator may apply a nutrient application within a nutrient surplus area. (B) In areas outside nutrient surplus areas, nutrient applicators may not be required to be certified; and (2) (A) Nutrient application within a nutrient surplus area shall be documented by the nutrient applicator in a method acceptable to the commission. (B) This documentation shall be maintained by the landowner and the nutrient applicator. (C) The information collected in furtherance of this subchapter shall not be public record. (e) (1) Designated nutrient application within a nutrient surplus area on residential lands of two and one-half (2 1/2) acres or less shall be applied at a rate not to exceed the protective rate and in a manner acceptable to the commission and may be performed by the landowner or resident. (2) In such instances, the landowner or resident shall not be required to be a certified nutrient applicator but shall maintain the required documentation. (f) Application of poultry litter to soils or associated crops within a nutrient surplus area shall be done in accordance with a nutrient management plan or poultry litter management plan after January 1, 2007. Acts 2003, No. 1061, § 1; 2005, No. 1871, § 2; 2005, No. 2294, § 1.

(a) It shall be a violation of this subchapter to apply designated nutrients to soils or associated crops within a nutrient surplus area unless the nutrient application is done in compliance with a nutrient management plan approved by the Arkansas Natural Resources Commission or at a protective rate established by the commission.

(b) After a soil test with nutrient application recommendations is obtained for lands within a nutrient surplus area: (1) Application of commercial fertilizer may continue in compliance with the protective rate after January 1, 2007; and (2) The protective rate as indicated by the soil test shall constitute a permit to apply nutrients consistent with the protective rate.

(1) Application of commercial fertilizer may continue in compliance with the protective rate after January 1, 2007; and

(2) The protective rate as indicated by the soil test shall constitute a permit to apply nutrients consistent with the protective rate.

(c) Designated nutrient application within a nutrient surplus area shall be applied under time, place, and manner restrictions determined necessary by the commission to protect the soil fertility, crop vitality, and the waters within the state.

(d) Except as provided in subsection (e) of this section: (1) (A) Only a certified nutrient applicator may apply a nutrient application within a nutrient surplus area. (B) In areas outside nutrient surplus areas, nutrient applicators may not be required to be certified; and (2) (A) Nutrient application within a nutrient surplus area shall be documented by the nutrient applicator in a method acceptable to the commission. (B) This documentation shall be maintained by the landowner and the nutrient applicator. (C) The information collected in furtherance of this subchapter shall not be public record.

(1) (A) Only a certified nutrient applicator may apply a nutrient application within a nutrient surplus area. (B) In areas outside nutrient surplus areas, nutrient applicators may not be required to be certified; and

(A) Only a certified nutrient applicator may apply a nutrient application within a nutrient surplus area.

(B) In areas outside nutrient surplus areas, nutrient applicators may not be required to be certified; and

(2) (A) Nutrient application within a nutrient surplus area shall be documented by the nutrient applicator in a method acceptable to the commission. (B) This documentation shall be maintained by the landowner and the nutrient applicator. (C) The information collected in furtherance of this subchapter shall not be public record.

(A) Nutrient application within a nutrient surplus area shall be documented by the nutrient applicator in a method acceptable to the commission.

(B) This documentation shall be maintained by the landowner and the nutrient applicator.

(C) The information collected in furtherance of this subchapter shall not be public record.

(e) (1) Designated nutrient application within a nutrient surplus area on residential lands of two and one-half (2 1/2) acres or less shall be applied at a rate not to exceed the protective rate and in a manner acceptable to the commission and may be performed by the landowner or resident. (2) In such instances, the landowner or resident shall not be required to be a certified nutrient applicator but shall maintain the required documentation.

(1) Designated nutrient application within a nutrient surplus area on residential lands of two and one-half (2 1/2) acres or less shall be applied at a rate not to exceed the protective rate and in a manner acceptable to the commission and may be performed by the landowner or resident.

(2) In such instances, the landowner or resident shall not be required to be a certified nutrient applicator but shall maintain the required documentation.

(f) Application of poultry litter to soils or associated crops within a nutrient surplus area shall be done in accordance with a nutrient management plan or poultry litter management plan after January 1, 2007.

Acts 2003, No. 1061, § 1; 2005, No. 1871, § 2; 2005, No. 2294, § 1.
Ark. Code Ann. § 15-4-3102 — AR Code / Title 15 / Chapter 4 / Subchapter 31 / Section 15-4-3102
[Repealed]
Status: repealed

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

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

Acts 2005, No. 1277, § 1.
Ark. Code Ann. § 15-4-1208 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1208
Certificate of organization
Status: in_force

(a) When the applicants have completed the organization of the proposed company, they shall file with the Bank Commissioner a certificate of organization executed by the chief executive officer of the company, attested by its chief financial officer, and with its seal affixed thereto, certifying: (1) The names and addresses of all of its subscribers of stock or units of interest of a limited liability company, the number of shares subscribed or the amount of units of interest subscribed in the case of a limited liability company, and the number of shares fully paid for by each in the case of a corporation or the amount of units of interest fully paid for by each in the case of a limited liability company; (2) The total number of shares of stock or units of interest of a limited liability company subscribed, but not fully paid for; (3) The total number of shares of stock or units of interest paid in full; (4) The name and address of the depository or the names and addresses of the depositories, if more than one (1), holding on deposit the funds of the company; and (5) The names and addresses of the officers, directors, and members of the executive committee, if any, of a corporation and the names and addresses of the managers and members of the management committee of a limited liability company. (b) The certificate of organization of the applicant shall be accompanied by the certificate of the named depository or by the certificates of the named depositories, if more than one (1), certifying the amount of the funds on deposit to the credit of the company. (c) The certificate of organization shall also be accompanied by any bylaws or by any regulations which may have been adopted by the directors of a corporation or the operating agreement of a limited liability company. Acts 1991, No. 1029, § 6; 1999, No. 37, § 7.

(a) When the applicants have completed the organization of the proposed company, they shall file with the Bank Commissioner a certificate of organization executed by the chief executive officer of the company, attested by its chief financial officer, and with its seal affixed thereto, certifying: (1) The names and addresses of all of its subscribers of stock or units of interest of a limited liability company, the number of shares subscribed or the amount of units of interest subscribed in the case of a limited liability company, and the number of shares fully paid for by each in the case of a corporation or the amount of units of interest fully paid for by each in the case of a limited liability company; (2) The total number of shares of stock or units of interest of a limited liability company subscribed, but not fully paid for; (3) The total number of shares of stock or units of interest paid in full; (4) The name and address of the depository or the names and addresses of the depositories, if more than one (1), holding on deposit the funds of the company; and (5) The names and addresses of the officers, directors, and members of the executive committee, if any, of a corporation and the names and addresses of the managers and members of the management committee of a limited liability company.

(1) The names and addresses of all of its subscribers of stock or units of interest of a limited liability company, the number of shares subscribed or the amount of units of interest subscribed in the case of a limited liability company, and the number of shares fully paid for by each in the case of a corporation or the amount of units of interest fully paid for by each in the case of a limited liability company;

(2) The total number of shares of stock or units of interest of a limited liability company subscribed, but not fully paid for;

(3) The total number of shares of stock or units of interest paid in full;

(4) The name and address of the depository or the names and addresses of the depositories, if more than one (1), holding on deposit the funds of the company; and

(5) The names and addresses of the officers, directors, and members of the executive committee, if any, of a corporation and the names and addresses of the managers and members of the management committee of a limited liability company.

(b) The certificate of organization of the applicant shall be accompanied by the certificate of the named depository or by the certificates of the named depositories, if more than one (1), certifying the amount of the funds on deposit to the credit of the company.

(c) The certificate of organization shall also be accompanied by any bylaws or by any regulations which may have been adopted by the directors of a corporation or the operating agreement of a limited liability company.

Acts 1991, No. 1029, § 6; 1999, No. 37, § 7.
Ark. Code Ann. § 15-58-106 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-106
Exempt activities
Status: in_force

This chapter does not apply to any of the following activities: (1) (A) The mining, surface or otherwise, of any minerals or materials other than coal. (B) All minerals and materials other than coal, when applicable, shall be regulated according to the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, § 15-57-401 et seq.; (2) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her; (3) The extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under rules established by the Arkansas Pollution Control and Ecology Commission; or (4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale or for coal exploration. Amended by Act 2019, No. 315,§ 1176, eff. 7/24/2019. Acts 1979, No. 134, § 34; A.S.A. 1947, § 52-968; Acts 2011, No. 279, § 2.

This chapter does not apply to any of the following activities:

(1) (A) The mining, surface or otherwise, of any minerals or materials other than coal. (B) All minerals and materials other than coal, when applicable, shall be regulated according to the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, § 15-57-401 et seq.;

(A) The mining, surface or otherwise, of any minerals or materials other than coal.

(B) All minerals and materials other than coal, when applicable, shall be regulated according to the Arkansas Open-Cut Land Reclamation Act of 1977 [repealed] or the Arkansas Quarry Operation, Reclamation, and Safe Closure Act, § 15-57-401 et seq.;

(2) The extraction of coal by a landowner for his or her own noncommercial use from land owned or leased by him or her;

(3) The extraction of coal as an incidental part of federal, state, or local government-financed highway or other construction under rules established by the Arkansas Pollution Control and Ecology Commission; or

(4) The extraction of coal incidental to the extraction of other minerals where coal does not exceed sixteen and two-thirds percent (16 2/3%) of the tonnage of minerals removed for purposes of commercial use or sale or for coal exploration.

Amended by Act 2019, No. 315,§ 1176, eff. 7/24/2019.

Acts 1979, No. 134, § 34; A.S.A. 1947, § 52-968; Acts 2011, No. 279, § 2.
Ark. Code Ann. § 15-5-205 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-205
Board meetings
Status: in_force

(a) The powers of the Arkansas Development Finance Authority shall be vested in the members of the Board of Directors of the Arkansas Development Finance Authority in office from time to time, and six (6) members of the board shall constitute a quorum at any meeting thereof. (b) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members. (c) However, any motion and resolution to authorize an issue of bonds, to approve a loan application, to authorize a lease transaction, or to approve a bond guaranty shall have the affirmative vote of at least six (6) board members. (d) No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all duties of the board. Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.

(a) The powers of the Arkansas Development Finance Authority shall be vested in the members of the Board of Directors of the Arkansas Development Finance Authority in office from time to time, and six (6) members of the board shall constitute a quorum at any meeting thereof.

(b) Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of present and voting board members.

(c) However, any motion and resolution to authorize an issue of bonds, to approve a loan application, to authorize a lease transaction, or to approve a bond guaranty shall have the affirmative vote of at least six (6) board members.

(d) No vacancy in the membership of the board shall impair the right of a quorum of the members to exercise all the powers and perform all duties of the board.

Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.
Ark. Code Ann. § 15-74-203 — AR Code / Title 15 / Chapter 74 / Subchapter 2 / Section 15-74-203
Prohibition on discounting crude for waste, shrinkage, etc. - Proper computation of purchase
Status: in_force

(a) It shall be unlawful for any person, firm, or corporation who may purchase any oil produced in this state to in any way discount, dock, or short crude oil for waste, shrinking, or other causes, but such purchases when computed shall be on one hundred percent (100%) net oil measured on one hundred percent (100%) tank-tables and corrected to sixty degrees Fahrenheit (60° F). All production, runs to storage, and deliveries are to be based on one hundred percent (100%) tank-tables, with proper adjustments for temperature, B. S., and water. (b) Any person, firm, or corporation found guilty of violating the provisions of this section shall be adjudged guilty of a misdemeanor and shall be fined in any sum not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000). Acts 1941, No. 397, §§ 1, 2; A.S.A. 1947, §§ 53-506, 53-507.

(a) It shall be unlawful for any person, firm, or corporation who may purchase any oil produced in this state to in any way discount, dock, or short crude oil for waste, shrinking, or other causes, but such purchases when computed shall be on one hundred percent (100%) net oil measured on one hundred percent (100%) tank-tables and corrected to sixty degrees Fahrenheit (60° F). All production, runs to storage, and deliveries are to be based on one hundred percent (100%) tank-tables, with proper adjustments for temperature, B. S., and water.

(b) Any person, firm, or corporation found guilty of violating the provisions of this section shall be adjudged guilty of a misdemeanor and shall be fined in any sum not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000).

Acts 1941, No. 397, §§ 1, 2; A.S.A. 1947, §§ 53-506, 53-507.
Ark. Code Ann. § 15-72-321 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-321
Enlarged operation of salt water disposal unit established by previous order
Status: in_force

(a) The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of § 15-72-316 , may, after notice and hearing, require salt water disposal unit operation of a pool. (b) In each case, the petition shall be accompanied by a copy of the proposed salt water disposal unit operating agreement with respect to the operation of the unit as so enlarged, in the form meeting the requirements of § 15-72-316(b)(3) . (c) In each instance, the unit operating agreement shall be executed by persons owning interests in oil and gas in the entire unitized area so enlarged in sufficient numbers to comply with the requirements of § 15-72-317(a)(1) . However, if the unit operating agreement then in effect with respect to the unit area to which an additional portion of a pool is to be added contains provisions under the terms of which additions to the unit area may be made, the application for enlargement of the unitized area need only be accompanied by an agreement, executed by persons owning interests in oil and gas under the area to be added to the unit area in numbers sufficient to comply with the requirements of § 15-72-317(a)(1) , for the inclusion, in accordance with the plan provided in the unit operating agreement involved, of the additional area to the unit area then existing. (d) In either case, the new order, in providing for allocation of unit production from the enlarged unit area, shall first treat the unit area previously established as a single tract. The portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportion as those specified therefor in the previous order. In no event shall the new order alter the relative values of tract factors of the previously established unit area, except by consent of all parties owning interests in the tract affected. (e) An order of the commission entered under this section shall be effective as to the enlarged salt water disposal unit area and to all persons owning interest in oil and gas therein to the same extent as an order entered under § 15-72-317 , and it shall contain provisions with respect to the enlarged unit area to meet the requirements of § 15-72-318 . The provisions of §§ 15-72-319 and 15-72-320 shall be applicable to obligations incurred in the operation of the enlarged salt water disposal unit area. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.

(a) The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of § 15-72-316 , may, after notice and hearing, require salt water disposal unit operation of a pool.

(b) In each case, the petition shall be accompanied by a copy of the proposed salt water disposal unit operating agreement with respect to the operation of the unit as so enlarged, in the form meeting the requirements of § 15-72-316(b)(3) .

(c) In each instance, the unit operating agreement shall be executed by persons owning interests in oil and gas in the entire unitized area so enlarged in sufficient numbers to comply with the requirements of § 15-72-317(a)(1) . However, if the unit operating agreement then in effect with respect to the unit area to which an additional portion of a pool is to be added contains provisions under the terms of which additions to the unit area may be made, the application for enlargement of the unitized area need only be accompanied by an agreement, executed by persons owning interests in oil and gas under the area to be added to the unit area in numbers sufficient to comply with the requirements of § 15-72-317(a)(1) , for the inclusion, in accordance with the plan provided in the unit operating agreement involved, of the additional area to the unit area then existing.

(d) In either case, the new order, in providing for allocation of unit production from the enlarged unit area, shall first treat the unit area previously established as a single tract. The portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportion as those specified therefor in the previous order. In no event shall the new order alter the relative values of tract factors of the previously established unit area, except by consent of all parties owning interests in the tract affected.

(e) An order of the commission entered under this section shall be effective as to the enlarged salt water disposal unit area and to all persons owning interest in oil and gas therein to the same extent as an order entered under § 15-72-317 , and it shall contain provisions with respect to the enlarged unit area to meet the requirements of § 15-72-318 . The provisions of §§ 15-72-319 and 15-72-320 shall be applicable to obligations incurred in the operation of the enlarged salt water disposal unit area.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-5-902 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-902
Fund - Administration
Status: in_force

(a) (1) The Construction Assistance Revolving Loan Fund shall be administered by the Arkansas Natural Resources Commission. (2) The commission may establish procedures and adopt rules required to administer the fund and programs financed, in whole or in part, with moneys in the fund in accordance with federal or state law providing for: (A) Wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects; and (B) Assessments, investigations, and remedial actions with respect to abandoned industrial, commercial, or agricultural sites, including without limitation the federal environmental acts. (b) The commission may enter into contracts and other agreements in connection with the operation of the fund, including without limitation contracts and agreements with federal agencies, local governmental entities, the Arkansas Development Finance Authority, the Division of Environmental Quality, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed, in whole or in part, with moneys in the fund. (c) The commission shall maintain full authority for the operation of the fund in accordance with applicable federal and state law, including withdrawals necessary to achieve the intended purposes of the fund. (d) To the extent that moneys provided by the United States Government under the federal environmental acts and nonappropriated state matches do not designate the account into which the moneys shall be deposited, the moneys shall be deposited into the accounts within the fund designated by the commission. (e) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Clean Water Act. Amended by Act 2019, No. 910,§ 3044, eff. 7/1/2019. Acts 1991, No. 718, § 1; 1993, No. 833, § 2; 1997, No. 1042, § 8; 2003, No. 548, § 2; 2009, No. 458, § 1.

(a) (1) The Construction Assistance Revolving Loan Fund shall be administered by the Arkansas Natural Resources Commission. (2) The commission may establish procedures and adopt rules required to administer the fund and programs financed, in whole or in part, with moneys in the fund in accordance with federal or state law providing for: (A) Wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects; and (B) Assessments, investigations, and remedial actions with respect to abandoned industrial, commercial, or agricultural sites, including without limitation the federal environmental acts.

(1) The Construction Assistance Revolving Loan Fund shall be administered by the Arkansas Natural Resources Commission.

(2) The commission may establish procedures and adopt rules required to administer the fund and programs financed, in whole or in part, with moneys in the fund in accordance with federal or state law providing for: (A) Wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects; and (B) Assessments, investigations, and remedial actions with respect to abandoned industrial, commercial, or agricultural sites, including without limitation the federal environmental acts.

(A) Wastewater systems, water systems, solid and hazardous waste facilities, recycling facilities, nonpoint source management facilities, wetlands conservation and management facilities, and other environmental projects; and

(B) Assessments, investigations, and remedial actions with respect to abandoned industrial, commercial, or agricultural sites, including without limitation the federal environmental acts.

(b) The commission may enter into contracts and other agreements in connection with the operation of the fund, including without limitation contracts and agreements with federal agencies, local governmental entities, the Arkansas Development Finance Authority, the Division of Environmental Quality, and other persons to the extent necessary or convenient for the implementation of the fund and programs financed, in whole or in part, with moneys in the fund.

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

(d) To the extent that moneys provided by the United States Government under the federal environmental acts and nonappropriated state matches do not designate the account into which the moneys shall be deposited, the moneys shall be deposited into the accounts within the fund designated by the commission.

(e) The commission shall execute capitalization grant agreements on behalf of the state in order to obtain funds under the Clean Water Act.

Amended by Act 2019, No. 910,§ 3044, eff. 7/1/2019.

Acts 1991, No. 718, § 1; 1993, No. 833, § 2; 1997, No. 1042, § 8; 2003, No. 548, § 2; 2009, No. 458, § 1.
Ark. Code Ann. § 15-44-114 — AR Code / Title 15 / Chapter 44 / Section 15-44-114
Wildlife causing crop damage
Status: in_force

(a) Upon the request of any farmer with demonstrated damage to an agricultural crop from wildlife, the game warden shall assist the farmer by implementation of a control program to relocate or eradicate the wildlife which is causing injury to the crop of the farmer. (b) The program developed by the game warden may authorize the farmer for limited use of nighttime hunting of the specific wildlife causing damage to the crop. (c) Any program developed under the provisions of this section shall be exempt from all hunting laws of the State of Arkansas, except those federal and state laws which prohibit destruction of endangered or protected species. Acts 1989, No. 814, § 1.

(a) Upon the request of any farmer with demonstrated damage to an agricultural crop from wildlife, the game warden shall assist the farmer by implementation of a control program to relocate or eradicate the wildlife which is causing injury to the crop of the farmer.

(b) The program developed by the game warden may authorize the farmer for limited use of nighttime hunting of the specific wildlife causing damage to the crop.

(c) Any program developed under the provisions of this section shall be exempt from all hunting laws of the State of Arkansas, except those federal and state laws which prohibit destruction of endangered or protected species.

Acts 1989, No. 814, § 1.
Ark. Code Ann. § 15-72-604 — AR Code / Title 15 / Chapter 72 / Subchapter 6 / Section 15-72-604
Condemnation of subsurface strata or formations - Limitations
Status: in_force

(a) Any natural gas public utility or gas storage facility may condemn for its use for the underground storage of gas any subsurface stratum or formation in any land which the Oil and Gas Commission finds to be suitable and in the public interest for the underground storage of gas and, in connection therewith, may condemn other interests in property as required to adequately examine, prepare, maintain, and operate the underground gas storage facilities. However, the right of condemnation of underground sands, formations, and strata granted hereby shall be limited as follows: (1) If the commission affirmatively finds, based upon substantial evidence, that any sand, formation, or stratum is producing or is capable of producing oil, in paying quantities, through any known recovery method, then the sand, formation, or stratum shall not be subject to appropriation hereunder; (2) No gas-bearing sand, formation, or stratum shall be subject to appropriation hereunder, unless the sand, formation, or stratum has a greater value or utility as a gas storage reservoir for the purpose of insuring an adequate supply of gas for any particular class or group of consumers of gas, or for the conservation of gas, than for the production of relatively small volumes of gas which remain therein. However, for as long as oil is produced in paying quantities in the secondary operations, no gas-bearing sand, formation, or stratum shall be condemned under the terms of this subchapter when the gas therein is being used for the secondary recovery of oil unless gas in a necessary and required amount is furnished to the operator or operators of the secondary recovery operations for the recovery of oil at the same cost as that at which the gas was being produced at the time of condemnation by the operator of the secondary recovery project or projects; (3) Only the area of the underground sand, formation, or stratum as may reasonably be expected to be penetrated by gas displaced or injected into the underground gas storage reservoir may be appropriated hereunder; and (4) No rights or interests in existing underground gas reservoirs being used for the injection, storage, and withdrawal of gas and owned or operated by others than the condemner shall be subject to appropriation hereunder. (b) The right of condemnation granted in this section shall be without prejudice to the rights of the owner of the lands, or of other rights or interests therein, to drill or bore through the underground stratum or formation so appropriated in a manner as shall comply with orders and rules of the commission issued for the purpose of protecting underground storage strata or formations against pollution and against the escape of gas therefrom and shall be without prejudice to the rights of the owner of the lands or other rights or interests therein as to all other uses. Amended by Act 2023, No. 140,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1257, eff. 7/24/2019. Acts 1957, No. 82, § 4; A.S.A. 1947, § 53-904.

(a) Any natural gas public utility or gas storage facility may condemn for its use for the underground storage of gas any subsurface stratum or formation in any land which the Oil and Gas Commission finds to be suitable and in the public interest for the underground storage of gas and, in connection therewith, may condemn other interests in property as required to adequately examine, prepare, maintain, and operate the underground gas storage facilities. However, the right of condemnation of underground sands, formations, and strata granted hereby shall be limited as follows: (1) If the commission affirmatively finds, based upon substantial evidence, that any sand, formation, or stratum is producing or is capable of producing oil, in paying quantities, through any known recovery method, then the sand, formation, or stratum shall not be subject to appropriation hereunder; (2) No gas-bearing sand, formation, or stratum shall be subject to appropriation hereunder, unless the sand, formation, or stratum has a greater value or utility as a gas storage reservoir for the purpose of insuring an adequate supply of gas for any particular class or group of consumers of gas, or for the conservation of gas, than for the production of relatively small volumes of gas which remain therein. However, for as long as oil is produced in paying quantities in the secondary operations, no gas-bearing sand, formation, or stratum shall be condemned under the terms of this subchapter when the gas therein is being used for the secondary recovery of oil unless gas in a necessary and required amount is furnished to the operator or operators of the secondary recovery operations for the recovery of oil at the same cost as that at which the gas was being produced at the time of condemnation by the operator of the secondary recovery project or projects; (3) Only the area of the underground sand, formation, or stratum as may reasonably be expected to be penetrated by gas displaced or injected into the underground gas storage reservoir may be appropriated hereunder; and (4) No rights or interests in existing underground gas reservoirs being used for the injection, storage, and withdrawal of gas and owned or operated by others than the condemner shall be subject to appropriation hereunder.

(1) If the commission affirmatively finds, based upon substantial evidence, that any sand, formation, or stratum is producing or is capable of producing oil, in paying quantities, through any known recovery method, then the sand, formation, or stratum shall not be subject to appropriation hereunder;

(2) No gas-bearing sand, formation, or stratum shall be subject to appropriation hereunder, unless the sand, formation, or stratum has a greater value or utility as a gas storage reservoir for the purpose of insuring an adequate supply of gas for any particular class or group of consumers of gas, or for the conservation of gas, than for the production of relatively small volumes of gas which remain therein. However, for as long as oil is produced in paying quantities in the secondary operations, no gas-bearing sand, formation, or stratum shall be condemned under the terms of this subchapter when the gas therein is being used for the secondary recovery of oil unless gas in a necessary and required amount is furnished to the operator or operators of the secondary recovery operations for the recovery of oil at the same cost as that at which the gas was being produced at the time of condemnation by the operator of the secondary recovery project or projects;

(3) Only the area of the underground sand, formation, or stratum as may reasonably be expected to be penetrated by gas displaced or injected into the underground gas storage reservoir may be appropriated hereunder; and

(4) No rights or interests in existing underground gas reservoirs being used for the injection, storage, and withdrawal of gas and owned or operated by others than the condemner shall be subject to appropriation hereunder.

(b) The right of condemnation granted in this section shall be without prejudice to the rights of the owner of the lands, or of other rights or interests therein, to drill or bore through the underground stratum or formation so appropriated in a manner as shall comply with orders and rules of the commission issued for the purpose of protecting underground storage strata or formations against pollution and against the escape of gas therefrom and shall be without prejudice to the rights of the owner of the lands or other rights or interests therein as to all other uses.

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

Amended by Act 2019, No. 315,§ 1257, eff. 7/24/2019.

Acts 1957, No. 82, § 4; A.S.A. 1947, § 53-904.
Ark. Code Ann. § 15-22-721 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-721
Expediting cases
Status: in_force

Any case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in such cases must be taken within thirty (30) days after rendition of the judgment or decree. Acts 1987, No. 686, § 19.

Any case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in such cases must be taken within thirty (30) days after rendition of the judgment or decree.

Acts 1987, No. 686, § 19.
Ark. Code Ann. § 15-23-104 — AR Code / Title 15 / Chapter 23 / Subchapter 1 / Section 15-23-104
Kings River
Status: in_force

(a) The General Assembly finds that the portion of Kings River located in Madison County possesses unique and outstanding scenic, recreational, botanical, geological, historical, piscine, faunal, and other outdoor values of great present and potential benefit to the people of the State of Arkansas, and the preservation of its wild, unpolluted, and natural state is essential for this and future generations. (b) (1) Nothing in this section shall affect the jurisdictions or responsibilities of state agencies or political subdivisions of the State of Arkansas in the enforcement of laws with respect to water, fish, and wildlife and other related resources. (2) Nor shall the provisions of this subchapter be deemed to in any way impair or interfere with the continuation of the present agricultural uses of lands along the Kings River, including the raising of crops and the grazing of livestock. (c) In furtherance of the purposes set forth in subsection (a) of this section, it shall be unlawful for: (1) (A) Any person, firm, or corporation to construct any permanent dam or other structure that would impound waters of the principal bed of the Kings River. (B) The establishment of a water gap essential for farming operations shall not be deemed a dam obstruction of the flow of the stream unless it results in an impoundment of the waters of the Kings River; (2) Any business or industry located on or near the Kings River to engage in any dumping or drainage or to permit any seepage into the Kings River that would affect the quality of the waters of the Kings River in violation of any rule of the Arkansas Pollution Control and Ecology Commission; (3) Any person, firm, or corporation to establish any platted subdivision within fifty feet (50') of the normal bank of the Kings River; and (4) Any person, firm, or corporation to construct any nonfarm building or other structure within fifty feet (50') of the normal bank of the Kings River. Amended by Act 2019, No. 315,§ 1143, eff. 7/24/2019. Acts 1971, No. 319, §§ 1, 2, 4; A.S.A. 1947, §§ 82-1910, 82-1911, 82-1913.

(a) The General Assembly finds that the portion of Kings River located in Madison County possesses unique and outstanding scenic, recreational, botanical, geological, historical, piscine, faunal, and other outdoor values of great present and potential benefit to the people of the State of Arkansas, and the preservation of its wild, unpolluted, and natural state is essential for this and future generations.

(b) (1) Nothing in this section shall affect the jurisdictions or responsibilities of state agencies or political subdivisions of the State of Arkansas in the enforcement of laws with respect to water, fish, and wildlife and other related resources. (2) Nor shall the provisions of this subchapter be deemed to in any way impair or interfere with the continuation of the present agricultural uses of lands along the Kings River, including the raising of crops and the grazing of livestock.

(1) Nothing in this section shall affect the jurisdictions or responsibilities of state agencies or political subdivisions of the State of Arkansas in the enforcement of laws with respect to water, fish, and wildlife and other related resources.

(2) Nor shall the provisions of this subchapter be deemed to in any way impair or interfere with the continuation of the present agricultural uses of lands along the Kings River, including the raising of crops and the grazing of livestock.

(c) In furtherance of the purposes set forth in subsection (a) of this section, it shall be unlawful for: (1) (A) Any person, firm, or corporation to construct any permanent dam or other structure that would impound waters of the principal bed of the Kings River. (B) The establishment of a water gap essential for farming operations shall not be deemed a dam obstruction of the flow of the stream unless it results in an impoundment of the waters of the Kings River; (2) Any business or industry located on or near the Kings River to engage in any dumping or drainage or to permit any seepage into the Kings River that would affect the quality of the waters of the Kings River in violation of any rule of the Arkansas Pollution Control and Ecology Commission; (3) Any person, firm, or corporation to establish any platted subdivision within fifty feet (50') of the normal bank of the Kings River; and (4) Any person, firm, or corporation to construct any nonfarm building or other structure within fifty feet (50') of the normal bank of the Kings River.

(1) (A) Any person, firm, or corporation to construct any permanent dam or other structure that would impound waters of the principal bed of the Kings River. (B) The establishment of a water gap essential for farming operations shall not be deemed a dam obstruction of the flow of the stream unless it results in an impoundment of the waters of the Kings River;

(A) Any person, firm, or corporation to construct any permanent dam or other structure that would impound waters of the principal bed of the Kings River.

(B) The establishment of a water gap essential for farming operations shall not be deemed a dam obstruction of the flow of the stream unless it results in an impoundment of the waters of the Kings River;

(2) Any business or industry located on or near the Kings River to engage in any dumping or drainage or to permit any seepage into the Kings River that would affect the quality of the waters of the Kings River in violation of any rule of the Arkansas Pollution Control and Ecology Commission;

(3) Any person, firm, or corporation to establish any platted subdivision within fifty feet (50') of the normal bank of the Kings River; and

(4) Any person, firm, or corporation to construct any nonfarm building or other structure within fifty feet (50') of the normal bank of the Kings River.

Amended by Act 2019, No. 315,§ 1143, eff. 7/24/2019.

Acts 1971, No. 319, §§ 1, 2, 4; A.S.A. 1947, §§ 82-1910, 82-1911, 82-1913.
Ark. Code Ann. § 15-4-205 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-205
Arkansas Economic Development Commission - Status and purpose
Status: in_force

(a) The Arkansas Economic Development Commission is the state agency responsible for implementing programs and policies aimed at improving the state's economic condition. (b) The purposes of the commission are to: (1) Serve as the primary governmental source for carrying out the Governor's plan for economic development in the state; (2) Promote the state with a central focus on state, local, and regional economic development efforts; (3) Coordinate the activities of private and public efforts to advance economic development in the state; (4) Compile and disseminate all available information pertinent to the economic opportunities afforded by the state; (5) Receive and disburse funds for the purpose of community and economic development; and (6) Perform other duties as designated by the Governor. Amended by Act 2019, No. 202,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1939, No. 68, § 3; A.S.A. 1947, § 9-501; Acts 1997, No. 540, § 65.

(a) The Arkansas Economic Development Commission is the state agency responsible for implementing programs and policies aimed at improving the state's economic condition.

(b) The purposes of the commission are to: (1) Serve as the primary governmental source for carrying out the Governor's plan for economic development in the state; (2) Promote the state with a central focus on state, local, and regional economic development efforts; (3) Coordinate the activities of private and public efforts to advance economic development in the state; (4) Compile and disseminate all available information pertinent to the economic opportunities afforded by the state; (5) Receive and disburse funds for the purpose of community and economic development; and (6) Perform other duties as designated by the Governor.

(1) Serve as the primary governmental source for carrying out the Governor's plan for economic development in the state;

(2) Promote the state with a central focus on state, local, and regional economic development efforts;

(3) Coordinate the activities of private and public efforts to advance economic development in the state;

(4) Compile and disseminate all available information pertinent to the economic opportunities afforded by the state;

(5) Receive and disburse funds for the purpose of community and economic development; and

(6) Perform other duties as designated by the Governor.

Amended by Act 2019, No. 202,§ 2, eff. 7/24/2019.

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

Acts 1939, No. 68, § 3; A.S.A. 1947, § 9-501; Acts 1997, No. 540, § 65.
Ark. Code Ann. § 15-11-503 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-503
Definitions
Status: in_force

As used in this subchapter: (1) "Agreement" means an agreement entered into pursuant to § 15-11-506 by and between the Director of the Arkansas Economic Development Commission and an approved company with respect to a tourism attraction project; (2) "Approved company" means any eligible company that is seeking to undertake a tourism attraction project and is approved by the director pursuant to §§ 15-11-505 and 15-11-506 ; (3) "Approved costs" means: (A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project; (B) The costs of acquiring real property or rights in real property in connection with a tourism attraction project and any costs incidental thereto; (C) The cost of contract bonds and insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided; (D) All costs of architectural and engineering services, including, but not limited to, estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project; (E) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project; (F) All costs required for the installation of utilities in connection with a tourism attraction project, including, but not limited to, water, sewer, sewage treatment, gas, electricity, and communications, and including off-site construction of utility extensions paid for by the approved company; and (G) All other costs comparable with those described in this subdivision (3); (4) "Eligible company" means any corporation, limited liability company, partnership, registered limited liability partnership, sole proprietorship, business trust, or any other entity that invests: (A) A minimum of five hundred thousand dollars ($500,000) in a high-unemployment county or one million dollars ($1,000,000) in any other county for the purpose of constructing, operating, or intending to operate a tourism attraction project, whether owned or leased, within the state that meets the standards promulgated by the director pursuant to § 15-11-504 ; or (B) For the purpose of constructing, operating, or intending to operate a tourism attraction project, whether owned or leased, located in a Natural State Initiative Opportunity Zone that meets the standards promulgated under §§ 15-11-504 and 15-11-512 : (i) A minimum of two hundred fifty thousand dollars ($250,000) in a high-unemployment county; or (ii) Five hundred thousand dollars ($500,000) in any other county; (5) [Repealed.] (6) "Final approval" means the action taken by the director authorizing the eligible company to receive inducements under §§ 15-11-507 and 15-11-509 ; (7) (A) "High unemployment" means an unemployment rate equal to or in excess of one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the Division of Workforce Services when the state's annual average unemployment rate is six percent (6%) or below. (B) When the state's annual average unemployment rate is above six percent (6%), "high unemployment" means equal to or in excess of three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division; (8) (A) "Increased state sales tax liability" means that portion of an approved company's reported state sales, that is, gross receipts tax liability resulting from taxable sales of goods and services to its customers at the tourism attraction for any monthly sales tax reporting period after the approved company provides the certification required by § 15-11-507(b) , which exceeds that reported state sales tax liability for sales to its customers for the same month in the calendar year immediately preceding that certification. (B) If an approved company purchases an existing tourism attraction that was selling goods and services at the time of purchase and that may or may not have been entitled to the benefits of this subchapter prior to such a purchase, the "increased state sales tax liability" resulting from any investments in the tourism attraction by the new owners means that portion of the approved company's reported state sales, or gross receipts, tax liability resulting from taxable sales of goods and services to its customers at the tourism attraction for any monthly sales tax reporting period after the approved company provides the certification required by § 15-11-507(b) , which exceeds the reported state sales tax liability for sales made by the seller of the tourism attraction for the same month in the calendar year immediately preceding that certification. (C) The prohibitions against disclosure of confidential tax information provided in § 26-18-303 shall not apply for purposes of computing the credit available under this subchapter; (9) "Inducements" means the Arkansas sales tax credit as prescribed in § 15-11-507 or the Arkansas income tax credit as prescribed in § 15-11-509 , or both; (10) "Investment threshold" means the minimum amount of approved costs that must be incurred in order to qualify for eligibility; (11) "Natural State Initiative Opportunity Zone" means a geographic area in this state designated by the Director of the Arkansas Economic Development Commission under § 15-11-512 where a tourism attraction may be located and receive incentive benefits under this subchapter; (12) (A) (i) "New full-time permanent employee" means a position or job which was created as a result of a tourism attraction project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned or claimed. (ii) The employee or employees must work an average of at least thirty (30) hours per week. (B) However, in order to qualify for the provisions of this subchapter, a contractual employee must be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter; (13) "Payroll" means the total taxable wages, including overtime and bonuses, paid during the preceding tax year of the approved company to new full-time permanent employees hired after the date of the signed financial incentive agreement; (14) (A) "Tourism attraction" means: (i) Cultural or historical sites; (ii) Recreational or entertainment facilities; (iii) Areas of natural phenomena or scenic beauty; (iv) Theme parks; (v) Amusement or entertainment parks; (vi) Indoor or outdoor plays or music shows; (vii) Botanical gardens; (viii) Cultural or educational centers; and (ix) Restaurants located within a Natural State Initiative Opportunity Zone. (B) "Tourism attraction" does not include: (i) Lodging facilities, unless the facilities: (a) Constitute a portion of a tourism attraction project and represent less than sixty percent (60%) of the total approved costs of the tourism attraction project or unless the tourism attraction project meets the special rules outlined in § 15-11-510 ; or (b) Are located within a Natural State Initiative Opportunity Zone; (ii) Facilities that are primarily devoted to the retail sale of goods, unless the goods are created at the site of the tourism attraction project or if the sale of goods is incidental to the tourism attraction project; (iii) Facilities that are not open to the general public; (iv) Facilities that do not serve as a likely destination where individuals who are not residents of the state would remain overnight in commercial lodging at or near the tourism attraction project; (v) Facilities owned by the State of Arkansas or a political subdivision of the state, unless the facility is leased by an eligible company and is located within a Natural State Initiative Opportunity Zone; or (vi) (a) Facilities established for the purpose of conducting legalized gambling. (b) However, a facility regulated under the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall be a tourism attraction for purposes of this subchapter for any approved tourism attraction project as outlined in subdivision (14)(A) of this section or for an approved tourism attraction project relating to pari-mutuel racing at the facility and not for establishing a casino or for offering casino-style gambling; and (15) "Tourism attraction project" or "project" means the: (A) Acquisition, including the acquisition of real estate by leasehold interest with a minimum term of ten (10) years, construction, and equipping of a tourism attraction; and (B) Construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction, including, but not limited to: (i) Surveys; (ii) Installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and (iii) Off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that will allow the approved company to attract persons. Amended by Act 2023, No. 652,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 652,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 652,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 452, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 451, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 450, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 449, eff. 7/1/2019. Acts 1997, No. 291, § 3; 1999, No. 1135, § 1; 2001, No. 899, § 1; 2005, No. 2308, § 1.

As used in this subchapter:

(1) "Agreement" means an agreement entered into pursuant to § 15-11-506 by and between the Director of the Arkansas Economic Development Commission and an approved company with respect to a tourism attraction project;

(2) "Approved company" means any eligible company that is seeking to undertake a tourism attraction project and is approved by the director pursuant to §§ 15-11-505 and 15-11-506 ;

(3) "Approved costs" means: (A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project; (B) The costs of acquiring real property or rights in real property in connection with a tourism attraction project and any costs incidental thereto; (C) The cost of contract bonds and insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided; (D) All costs of architectural and engineering services, including, but not limited to, estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project; (E) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project; (F) All costs required for the installation of utilities in connection with a tourism attraction project, including, but not limited to, water, sewer, sewage treatment, gas, electricity, and communications, and including off-site construction of utility extensions paid for by the approved company; and (G) All other costs comparable with those described in this subdivision (3);

(A) Obligations incurred for labor and to vendors, contractors, subcontractors, builders, suppliers, deliverymen, and materialmen in connection with the acquisition, construction, equipping, and installation of a tourism attraction project;

(B) The costs of acquiring real property or rights in real property in connection with a tourism attraction project and any costs incidental thereto;

(C) The cost of contract bonds and insurance of all kinds that may be required or necessary during the course of the acquisition, construction, equipping, and installation of a tourism attraction project which is not paid by the vendor, supplier, deliveryman, contractor, or otherwise provided;

(D) All costs of architectural and engineering services, including, but not limited to, estimates, plans and specifications, preliminary investigations, and supervision of construction and installation, as well as for the performance of all the duties required by or consequent to the acquisition, construction, equipping, and installation of a tourism attraction project;

(E) All costs required to be paid under the terms of any contract for the acquisition, construction, equipping, and installation of a tourism attraction project;

(F) All costs required for the installation of utilities in connection with a tourism attraction project, including, but not limited to, water, sewer, sewage treatment, gas, electricity, and communications, and including off-site construction of utility extensions paid for by the approved company; and

(G) All other costs comparable with those described in this subdivision (3);

(4) "Eligible company" means any corporation, limited liability company, partnership, registered limited liability partnership, sole proprietorship, business trust, or any other entity that invests: (A) A minimum of five hundred thousand dollars ($500,000) in a high-unemployment county or one million dollars ($1,000,000) in any other county for the purpose of constructing, operating, or intending to operate a tourism attraction project, whether owned or leased, within the state that meets the standards promulgated by the director pursuant to § 15-11-504 ; or (B) For the purpose of constructing, operating, or intending to operate a tourism attraction project, whether owned or leased, located in a Natural State Initiative Opportunity Zone that meets the standards promulgated under §§ 15-11-504 and 15-11-512 : (i) A minimum of two hundred fifty thousand dollars ($250,000) in a high-unemployment county; or (ii) Five hundred thousand dollars ($500,000) in any other county;

(A) A minimum of five hundred thousand dollars ($500,000) in a high-unemployment county or one million dollars ($1,000,000) in any other county for the purpose of constructing, operating, or intending to operate a tourism attraction project, whether owned or leased, within the state that meets the standards promulgated by the director pursuant to § 15-11-504 ; or

(B) For the purpose of constructing, operating, or intending to operate a tourism attraction project, whether owned or leased, located in a Natural State Initiative Opportunity Zone that meets the standards promulgated under §§ 15-11-504 and 15-11-512 : (i) A minimum of two hundred fifty thousand dollars ($250,000) in a high-unemployment county; or (ii) Five hundred thousand dollars ($500,000) in any other county;

(i) A minimum of two hundred fifty thousand dollars ($250,000) in a high-unemployment county; or

(ii) Five hundred thousand dollars ($500,000) in any other county;

(5) [Repealed.]

(6) "Final approval" means the action taken by the director authorizing the eligible company to receive inducements under §§ 15-11-507 and 15-11-509 ;

(7) (A) "High unemployment" means an unemployment rate equal to or in excess of one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the Division of Workforce Services when the state's annual average unemployment rate is six percent (6%) or below. (B) When the state's annual average unemployment rate is above six percent (6%), "high unemployment" means equal to or in excess of three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division;

(A) "High unemployment" means an unemployment rate equal to or in excess of one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the Division of Workforce Services when the state's annual average unemployment rate is six percent (6%) or below.

(B) When the state's annual average unemployment rate is above six percent (6%), "high unemployment" means equal to or in excess of three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division;

(8) (A) "Increased state sales tax liability" means that portion of an approved company's reported state sales, that is, gross receipts tax liability resulting from taxable sales of goods and services to its customers at the tourism attraction for any monthly sales tax reporting period after the approved company provides the certification required by § 15-11-507(b) , which exceeds that reported state sales tax liability for sales to its customers for the same month in the calendar year immediately preceding that certification. (B) If an approved company purchases an existing tourism attraction that was selling goods and services at the time of purchase and that may or may not have been entitled to the benefits of this subchapter prior to such a purchase, the "increased state sales tax liability" resulting from any investments in the tourism attraction by the new owners means that portion of the approved company's reported state sales, or gross receipts, tax liability resulting from taxable sales of goods and services to its customers at the tourism attraction for any monthly sales tax reporting period after the approved company provides the certification required by § 15-11-507(b) , which exceeds the reported state sales tax liability for sales made by the seller of the tourism attraction for the same month in the calendar year immediately preceding that certification. (C) The prohibitions against disclosure of confidential tax information provided in § 26-18-303 shall not apply for purposes of computing the credit available under this subchapter;

(A) "Increased state sales tax liability" means that portion of an approved company's reported state sales, that is, gross receipts tax liability resulting from taxable sales of goods and services to its customers at the tourism attraction for any monthly sales tax reporting period after the approved company provides the certification required by § 15-11-507(b) , which exceeds that reported state sales tax liability for sales to its customers for the same month in the calendar year immediately preceding that certification.

(B) If an approved company purchases an existing tourism attraction that was selling goods and services at the time of purchase and that may or may not have been entitled to the benefits of this subchapter prior to such a purchase, the "increased state sales tax liability" resulting from any investments in the tourism attraction by the new owners means that portion of the approved company's reported state sales, or gross receipts, tax liability resulting from taxable sales of goods and services to its customers at the tourism attraction for any monthly sales tax reporting period after the approved company provides the certification required by § 15-11-507(b) , which exceeds the reported state sales tax liability for sales made by the seller of the tourism attraction for the same month in the calendar year immediately preceding that certification.

(C) The prohibitions against disclosure of confidential tax information provided in § 26-18-303 shall not apply for purposes of computing the credit available under this subchapter;

(9) "Inducements" means the Arkansas sales tax credit as prescribed in § 15-11-507 or the Arkansas income tax credit as prescribed in § 15-11-509 , or both;

(10) "Investment threshold" means the minimum amount of approved costs that must be incurred in order to qualify for eligibility;

(11) "Natural State Initiative Opportunity Zone" means a geographic area in this state designated by the Director of the Arkansas Economic Development Commission under § 15-11-512 where a tourism attraction may be located and receive incentive benefits under this subchapter;

(12) (A) (i) "New full-time permanent employee" means a position or job which was created as a result of a tourism attraction project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned or claimed. (ii) The employee or employees must work an average of at least thirty (30) hours per week. (B) However, in order to qualify for the provisions of this subchapter, a contractual employee must be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(A) (i) "New full-time permanent employee" means a position or job which was created as a result of a tourism attraction project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned or claimed. (ii) The employee or employees must work an average of at least thirty (30) hours per week.

(i) "New full-time permanent employee" means a position or job which was created as a result of a tourism attraction project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned or claimed.

(ii) The employee or employees must work an average of at least thirty (30) hours per week.

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

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

(14) (A) "Tourism attraction" means: (i) Cultural or historical sites; (ii) Recreational or entertainment facilities; (iii) Areas of natural phenomena or scenic beauty; (iv) Theme parks; (v) Amusement or entertainment parks; (vi) Indoor or outdoor plays or music shows; (vii) Botanical gardens; (viii) Cultural or educational centers; and (ix) Restaurants located within a Natural State Initiative Opportunity Zone. (B) "Tourism attraction" does not include: (i) Lodging facilities, unless the facilities: (a) Constitute a portion of a tourism attraction project and represent less than sixty percent (60%) of the total approved costs of the tourism attraction project or unless the tourism attraction project meets the special rules outlined in § 15-11-510 ; or (b) Are located within a Natural State Initiative Opportunity Zone; (ii) Facilities that are primarily devoted to the retail sale of goods, unless the goods are created at the site of the tourism attraction project or if the sale of goods is incidental to the tourism attraction project; (iii) Facilities that are not open to the general public; (iv) Facilities that do not serve as a likely destination where individuals who are not residents of the state would remain overnight in commercial lodging at or near the tourism attraction project; (v) Facilities owned by the State of Arkansas or a political subdivision of the state, unless the facility is leased by an eligible company and is located within a Natural State Initiative Opportunity Zone; or (vi) (a) Facilities established for the purpose of conducting legalized gambling. (b) However, a facility regulated under the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall be a tourism attraction for purposes of this subchapter for any approved tourism attraction project as outlined in subdivision (14)(A) of this section or for an approved tourism attraction project relating to pari-mutuel racing at the facility and not for establishing a casino or for offering casino-style gambling; and

(A) "Tourism attraction" means: (i) Cultural or historical sites; (ii) Recreational or entertainment facilities; (iii) Areas of natural phenomena or scenic beauty; (iv) Theme parks; (v) Amusement or entertainment parks; (vi) Indoor or outdoor plays or music shows; (vii) Botanical gardens; (viii) Cultural or educational centers; and (ix) Restaurants located within a Natural State Initiative Opportunity Zone.

(i) Cultural or historical sites;

(ii) Recreational or entertainment facilities;

(iii) Areas of natural phenomena or scenic beauty;

(iv) Theme parks;

(v) Amusement or entertainment parks;

(vi) Indoor or outdoor plays or music shows;

(vii) Botanical gardens;

(viii) Cultural or educational centers; and

(ix) Restaurants located within a Natural State Initiative Opportunity Zone.

(B) "Tourism attraction" does not include: (i) Lodging facilities, unless the facilities: (a) Constitute a portion of a tourism attraction project and represent less than sixty percent (60%) of the total approved costs of the tourism attraction project or unless the tourism attraction project meets the special rules outlined in § 15-11-510 ; or (b) Are located within a Natural State Initiative Opportunity Zone; (ii) Facilities that are primarily devoted to the retail sale of goods, unless the goods are created at the site of the tourism attraction project or if the sale of goods is incidental to the tourism attraction project; (iii) Facilities that are not open to the general public; (iv) Facilities that do not serve as a likely destination where individuals who are not residents of the state would remain overnight in commercial lodging at or near the tourism attraction project; (v) Facilities owned by the State of Arkansas or a political subdivision of the state, unless the facility is leased by an eligible company and is located within a Natural State Initiative Opportunity Zone; or (vi) (a) Facilities established for the purpose of conducting legalized gambling. (b) However, a facility regulated under the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall be a tourism attraction for purposes of this subchapter for any approved tourism attraction project as outlined in subdivision (14)(A) of this section or for an approved tourism attraction project relating to pari-mutuel racing at the facility and not for establishing a casino or for offering casino-style gambling; and

(i) Lodging facilities, unless the facilities: (a) Constitute a portion of a tourism attraction project and represent less than sixty percent (60%) of the total approved costs of the tourism attraction project or unless the tourism attraction project meets the special rules outlined in § 15-11-510 ; or (b) Are located within a Natural State Initiative Opportunity Zone;

(a) Constitute a portion of a tourism attraction project and represent less than sixty percent (60%) of the total approved costs of the tourism attraction project or unless the tourism attraction project meets the special rules outlined in § 15-11-510 ; or

(b) Are located within a Natural State Initiative Opportunity Zone;

(ii) Facilities that are primarily devoted to the retail sale of goods, unless the goods are created at the site of the tourism attraction project or if the sale of goods is incidental to the tourism attraction project;

(iii) Facilities that are not open to the general public;

(iv) Facilities that do not serve as a likely destination where individuals who are not residents of the state would remain overnight in commercial lodging at or near the tourism attraction project;

(v) Facilities owned by the State of Arkansas or a political subdivision of the state, unless the facility is leased by an eligible company and is located within a Natural State Initiative Opportunity Zone; or

(vi) (a) Facilities established for the purpose of conducting legalized gambling. (b) However, a facility regulated under the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall be a tourism attraction for purposes of this subchapter for any approved tourism attraction project as outlined in subdivision (14)(A) of this section or for an approved tourism attraction project relating to pari-mutuel racing at the facility and not for establishing a casino or for offering casino-style gambling; and

(a) Facilities established for the purpose of conducting legalized gambling.

(b) However, a facility regulated under the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall be a tourism attraction for purposes of this subchapter for any approved tourism attraction project as outlined in subdivision (14)(A) of this section or for an approved tourism attraction project relating to pari-mutuel racing at the facility and not for establishing a casino or for offering casino-style gambling; and

(15) "Tourism attraction project" or "project" means the: (A) Acquisition, including the acquisition of real estate by leasehold interest with a minimum term of ten (10) years, construction, and equipping of a tourism attraction; and (B) Construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction, including, but not limited to: (i) Surveys; (ii) Installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and (iii) Off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that will allow the approved company to attract persons.

(A) Acquisition, including the acquisition of real estate by leasehold interest with a minimum term of ten (10) years, construction, and equipping of a tourism attraction; and

(B) Construction and installation of improvements to facilities necessary or desirable for the acquisition, construction, and installation of a tourism attraction, including, but not limited to: (i) Surveys; (ii) Installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and (iii) Off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that will allow the approved company to attract persons.

(i) Surveys;

(ii) Installation of utilities, which may include water, sewer, sewage treatment, gas, electricity, communications, and similar facilities; and

(iii) Off-site construction of utility extensions to the boundaries of the real estate on which the facilities are located, all of which are to be used to improve the economic situation of the approved company in a manner that will allow the approved company to attract persons.

all of which are to be used to improve the economic situation of the approved company in a manner that will allow the approved company to attract persons.

Amended by Act 2023, No. 652,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 652,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 652,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 452, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 451, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 450, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 449, eff. 7/1/2019.

Acts 1997, No. 291, § 3; 1999, No. 1135, § 1; 2001, No. 899, § 1; 2005, No. 2308, § 1.
Ark. Code Ann. § 15-58-508 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-508
Fees - Surface Coal Mining Operation Fund
Status: in_force

(a) Each application for a surface coal mining permit or renewal of that permit shall be accompanied by an initial application fee as determined by the Director of the Division of Environmental Quality in accordance with a fee schedule which the Arkansas Pollution Control and Ecology Commission shall develop and issue by rules. (b) The initial application fee shall be based as nearly as possible on the actual or anticipated cost of reviewing the application. (c) After approval but before issuance of the surface coal mining permit or renewal permit, the applicant shall pay a final application fee which shall not exceed the actual or anticipated cost of administering and enforcing the permit. However, this final application fee may be paid in annual installments apportioned over the term of the permit. (d) The Division of Environmental Quality shall maintain a separate Surface Coal Mining Operation Fund for the fees which may only be used for the administration and enforcement of this chapter and as the state's matching percentage share for any grants available to the state for the administration and enforcement of the state program. Amended by Act 2019, No. 315,§ 1216, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3168, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3167, eff. 7/1/2019. Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947; Acts 1999, No. 1164, § 151.

(a) Each application for a surface coal mining permit or renewal of that permit shall be accompanied by an initial application fee as determined by the Director of the Division of Environmental Quality in accordance with a fee schedule which the Arkansas Pollution Control and Ecology Commission shall develop and issue by rules.

(b) The initial application fee shall be based as nearly as possible on the actual or anticipated cost of reviewing the application.

(c) After approval but before issuance of the surface coal mining permit or renewal permit, the applicant shall pay a final application fee which shall not exceed the actual or anticipated cost of administering and enforcing the permit. However, this final application fee may be paid in annual installments apportioned over the term of the permit.

(d) The Division of Environmental Quality shall maintain a separate Surface Coal Mining Operation Fund for the fees which may only be used for the administration and enforcement of this chapter and as the state's matching percentage share for any grants available to the state for the administration and enforcement of the state program.

Amended by Act 2019, No. 315,§ 1216, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3168, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3167, eff. 7/1/2019.

Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947; Acts 1999, No. 1164, § 151.
Ark. Code Ann. § 15-47-102 — AR Code / Title 15 / Chapter 47 / Subchapter 1 / Section 15-47-102
Findings
Status: in_force

The General Assembly finds: (1) The control, management, restoration, conservation, and regulation of birds, fish, game, and wildlife resources of the State of Arkansas, including hatcheries, sanctuaries, refuges, and reservations, is vested in the Arkansas State Game and Fish Commission; (2) The commission seeks opportunities to expand the benefit of its expertise and resources for the people of Arkansas; (3) Arkansas is an attractive and popular tourist destination for persons who seek rejuvenation and enjoyment through the sports of wildlife and nature appreciation, including hunting and fishing; (4) The income generated for the commission on behalf of oil and gas leases in the Fayetteville Shale has presented an unprecedented opportunity for the commission to further its wildlife conservation goals for the benefit of all Arkansans; (5) The Department of Rural Services and the commission are interested in developing a Wildlife Recreation Facilities Pilot Program to ignite interest in the wildlife resources of Arkansas and to promote economic development in the state through the use and enjoyment of the state's abundant wildlife resources; and (6) To further carry out the mission of the commission, a Wildlife Recreation Facilities Pilot Program should be implemented to establish criteria and construct wildlife recreation facilities, including without limitation the development of community ponds, shooting ranges, community fishing, and access areas for fishing. Acts 2009, No. 687, § 1.

The General Assembly finds:

(1) The control, management, restoration, conservation, and regulation of birds, fish, game, and wildlife resources of the State of Arkansas, including hatcheries, sanctuaries, refuges, and reservations, is vested in the Arkansas State Game and Fish Commission;

(2) The commission seeks opportunities to expand the benefit of its expertise and resources for the people of Arkansas;

(3) Arkansas is an attractive and popular tourist destination for persons who seek rejuvenation and enjoyment through the sports of wildlife and nature appreciation, including hunting and fishing;

(4) The income generated for the commission on behalf of oil and gas leases in the Fayetteville Shale has presented an unprecedented opportunity for the commission to further its wildlife conservation goals for the benefit of all Arkansans;

(5) The Department of Rural Services and the commission are interested in developing a Wildlife Recreation Facilities Pilot Program to ignite interest in the wildlife resources of Arkansas and to promote economic development in the state through the use and enjoyment of the state's abundant wildlife resources; and

(6) To further carry out the mission of the commission, a Wildlife Recreation Facilities Pilot Program should be implemented to establish criteria and construct wildlife recreation facilities, including without limitation the development of community ponds, shooting ranges, community fishing, and access areas for fishing.

Acts 2009, No. 687, § 1.
Ark. Code Ann. § 15-20-1007 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1007
Disposition of fees and penalties
Status: in_force

(a) Fees paid and penalties collected shall be deposited into the Arkansas Water Development Fund and used in furtherance of the nutrient management program, including this subchapter. (b) Fees collected shall be cash funds when received by the Treasurer of State and shall not be deposited into or deemed to be a part of the State Treasury for the purposes of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision. Acts 2003, No. 1059, § 1.

(a) Fees paid and penalties collected shall be deposited into the Arkansas Water Development Fund and used in furtherance of the nutrient management program, including this subchapter.

(b) Fees collected shall be cash funds when received by the Treasurer of State and shall not be deposited into or deemed to be a part of the State Treasury for the purposes of: (1) Arkansas Constitution, Article 5, § 29; (2) Arkansas Constitution, Article 16, § 12; (3) Arkansas Constitution, Amendment 20; or (4) Any other constitutional or statutory provision.

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

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

(3) Arkansas Constitution, Amendment 20; or

(4) Any other constitutional or statutory provision.

Acts 2003, No. 1059, § 1.