Ark. Code Ann. § 15-22-809 — AR Code / Title 15 / Chapter 22 / Subchapter 8 / Section 15-22-809
Grants
Status: in_force

(a) The Arkansas Natural Resources Commission is authorized to use the funds deposited into the Arkansas Water Resources Cost Share Revolving Fund for grants to local governments with limited financial capacity. (b) In selecting the recipients for state grants authorized in this subchapter, the following factors shall be taken into consideration by the commission: (1) The financial ability of the local government applicant to provide the cost-sharing funds for the water resources development project, including all available tax sources or assessments; (2) The burden placed on low income, elderly, and unemployed persons if the local government applicant participates in a cost-sharing project and pays for the nonfederal share through a user fee or property tax; and (3) The amount of fair user fees or other revenues which the water resources development project may reasonably be expected to generate in excess of those which would amortize the local share of the initial cost and provide for its successful operation and maintenance, including depreciation. (c) No grant under this subchapter shall be awarded until the local government applicant has furnished the commission with sufficient proof of the exhaustion of all other funding sources and established that a deficiency exists in the amount of local funds necessary for the water resources development project. Acts 1989, No. 257, § 8.

(a) The Arkansas Natural Resources Commission is authorized to use the funds deposited into the Arkansas Water Resources Cost Share Revolving Fund for grants to local governments with limited financial capacity.

(b) In selecting the recipients for state grants authorized in this subchapter, the following factors shall be taken into consideration by the commission: (1) The financial ability of the local government applicant to provide the cost-sharing funds for the water resources development project, including all available tax sources or assessments; (2) The burden placed on low income, elderly, and unemployed persons if the local government applicant participates in a cost-sharing project and pays for the nonfederal share through a user fee or property tax; and (3) The amount of fair user fees or other revenues which the water resources development project may reasonably be expected to generate in excess of those which would amortize the local share of the initial cost and provide for its successful operation and maintenance, including depreciation.

(1) The financial ability of the local government applicant to provide the cost-sharing funds for the water resources development project, including all available tax sources or assessments;

(2) The burden placed on low income, elderly, and unemployed persons if the local government applicant participates in a cost-sharing project and pays for the nonfederal share through a user fee or property tax; and

(3) The amount of fair user fees or other revenues which the water resources development project may reasonably be expected to generate in excess of those which would amortize the local share of the initial cost and provide for its successful operation and maintenance, including depreciation.

(c) No grant under this subchapter shall be awarded until the local government applicant has furnished the commission with sufficient proof of the exhaustion of all other funding sources and established that a deficiency exists in the amount of local funds necessary for the water resources development project.

Acts 1989, No. 257, § 8.
Ark. Code Ann. § 15-22-1205 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1205
Sparta Aquifer critical groundwater county conservation boards
Status: in_force

(a) One hundred (100) or more qualified electors residing within any county may petition the circuit court for the county to establish a Sparta Aquifer critical groundwater county conservation board for the purposes set forth in this subchapter. (b) A petition filed pursuant to this subchapter shall contain: (1) A brief and concise statement describing the water crisis affecting the county; (2) A brief and concise statement showing the necessity for forming and operating the proposed board and describing the benefits to be derived from it by the residents and property owners in the county; (3) The proposed name for the board; (4) A proposed improvement plan; and (5) Any other and additional information as may be appropriate and useful, including without limitation, the proposed names of initial members and their terms. Acts 1999, No. 1050, § 5.

(a) One hundred (100) or more qualified electors residing within any county may petition the circuit court for the county to establish a Sparta Aquifer critical groundwater county conservation board for the purposes set forth in this subchapter.

(b) A petition filed pursuant to this subchapter shall contain: (1) A brief and concise statement describing the water crisis affecting the county; (2) A brief and concise statement showing the necessity for forming and operating the proposed board and describing the benefits to be derived from it by the residents and property owners in the county; (3) The proposed name for the board; (4) A proposed improvement plan; and (5) Any other and additional information as may be appropriate and useful, including without limitation, the proposed names of initial members and their terms.

(1) A brief and concise statement describing the water crisis affecting the county;

(2) A brief and concise statement showing the necessity for forming and operating the proposed board and describing the benefits to be derived from it by the residents and property owners in the county;

(3) The proposed name for the board;

(4) A proposed improvement plan; and

(5) Any other and additional information as may be appropriate and useful, including without limitation, the proposed names of initial members and their terms.

Acts 1999, No. 1050, § 5.
Ark. Code Ann. § 15-5-409 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-409
Review of applications
Status: in_force

(a) All applications filed with the Arkansas Development Finance Authority under the provisions of this subchapter shall first be reviewed by the appropriate designated staff officials of the authority or by a committee consisting of members of the authority for preliminary review and recommendation prior to being submitted for consideration by the authority. (b) All applications submitted to the authority and all supporting documents, instruments, proposed contracts, estimated costs, or other evidence submitted with the applications shall be confidential and shall not be open to public review, except as provided in this subchapter, and all staff meetings or meetings of the review committee of members of the authority established for the purpose of giving preliminary review of the applications shall be confidential and shall not be open to the public. (c) Upon conclusion of the preliminary review of each request for a guaranty under this subchapter, if the request for guaranty is submitted to the authority with a recommendation that it be approved, the application and all supporting documents, including the findings and the recommendations resulting from the staff or review committee, shall be an open public record available for inspection during all regular business hours. (d) In the event that an application from a borrower requesting a guaranty under this subchapter is not recommended for approval by the authority under this subchapter, that application and all supporting documents, including all findings and recommendations in regard thereto by the staff or review committee, shall continue to be confidential and not open to public inspection. (e) The borrower shall be notified in writing of any staff or review committee determination that the application is not being submitted to the authority with a recommendation that it be approved. The notice shall advise the borrower that the application will be kept confidential unless the borrower shall file, within thirty (30) days from the date of receipt of the written notice, a petition with the authority requesting that the authority hold a hearing in regard to the application, in which event the application and all supporting documents shall become public information available for public inspection. (f) The membership of a review committee, when acting in that capacity, shall never be considered to constitute a quorum of the authority for the purpose of approving an application or guaranty under this subchapter. Acts 1985, No. 340, § 7; 1985, No. 505, § 7; A.S.A. 1947, § 13-2930; Acts 1999, No. 429, § 6.

(a) All applications filed with the Arkansas Development Finance Authority under the provisions of this subchapter shall first be reviewed by the appropriate designated staff officials of the authority or by a committee consisting of members of the authority for preliminary review and recommendation prior to being submitted for consideration by the authority.

(b) All applications submitted to the authority and all supporting documents, instruments, proposed contracts, estimated costs, or other evidence submitted with the applications shall be confidential and shall not be open to public review, except as provided in this subchapter, and all staff meetings or meetings of the review committee of members of the authority established for the purpose of giving preliminary review of the applications shall be confidential and shall not be open to the public.

(c) Upon conclusion of the preliminary review of each request for a guaranty under this subchapter, if the request for guaranty is submitted to the authority with a recommendation that it be approved, the application and all supporting documents, including the findings and the recommendations resulting from the staff or review committee, shall be an open public record available for inspection during all regular business hours.

(d) In the event that an application from a borrower requesting a guaranty under this subchapter is not recommended for approval by the authority under this subchapter, that application and all supporting documents, including all findings and recommendations in regard thereto by the staff or review committee, shall continue to be confidential and not open to public inspection.

(e) The borrower shall be notified in writing of any staff or review committee determination that the application is not being submitted to the authority with a recommendation that it be approved. The notice shall advise the borrower that the application will be kept confidential unless the borrower shall file, within thirty (30) days from the date of receipt of the written notice, a petition with the authority requesting that the authority hold a hearing in regard to the application, in which event the application and all supporting documents shall become public information available for public inspection.

(f) The membership of a review committee, when acting in that capacity, shall never be considered to constitute a quorum of the authority for the purpose of approving an application or guaranty under this subchapter.

Acts 1985, No. 340, § 7; 1985, No. 505, § 7; A.S.A. 1947, § 13-2930; Acts 1999, No. 429, § 6.
Ark. Code Ann. § 15-13-203 — AR Code / Title 15 / Chapter 13 / Subchapter 2 / Section 15-13-203
Allowances for variance of the biofuel standard
Status: in_force

The Secretary of the Department of Finance and Administration may grant a waiver for a variance from the biofuel standard under § 15-13-202 if the applicant demonstrates one (1) or more of the following: (1) The cost of diesel fuel that is blended with biofuel exceeds the cost of diesel that does not contain biofuel by fifteen cents (15¢) per gallon or more; (2) Diesel fuel blended with biofuel is not available for purchase in the geographic region; or (3) Compliance with the biofuel standard is not economically feasible. Amended by Act 2019, No. 910,§ 3410, eff. 7/1/2019. Acts 2007, No. 699, § 1.

The Secretary of the Department of Finance and Administration may grant a waiver for a variance from the biofuel standard under § 15-13-202 if the applicant demonstrates one (1) or more of the following:

(1) The cost of diesel fuel that is blended with biofuel exceeds the cost of diesel that does not contain biofuel by fifteen cents (15¢) per gallon or more;

(2) Diesel fuel blended with biofuel is not available for purchase in the geographic region; or

(3) Compliance with the biofuel standard is not economically feasible.

Amended by Act 2019, No. 910,§ 3410, eff. 7/1/2019.

Acts 2007, No. 699, § 1.
Ark. Code Ann. § 15-4-1018 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1018
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 18; A.S.A. 1947, § 67-1644; Acts 2003, No. 860, § 6.

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

Acts 1985, No. 410, § 18; A.S.A. 1947, § 67-1644; Acts 2003, No. 860, § 6.
Ark. Code Ann. § 15-21-201 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-201
Division of Land Surveys - Creation
Status: in_force

(a) There is created the Division of Land Surveys of the Arkansas Geographic Information Systems Office. (b) The primary functions of the division shall be the establishment, maintenance, and preservation of land monuments, section corners, and other physical accessories of the United States Public Land Survey within the State of Arkansas, the field notes, plats, and other documents relating and evidencing the United States Public Land Survey, and the prescribing of general land survey regulations. Amended by Act 2015EX1, No. 8,§ 139, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 139, eff. 7/1/2015. Acts 1973, No. 458, § 1; A.S.A. 1947, § 10-1301; Acts 2001, No. 1417, § 1; 2007, No. 752, § 2.

(a) There is created the Division of Land Surveys of the Arkansas Geographic Information Systems Office.

(b) The primary functions of the division shall be the establishment, maintenance, and preservation of land monuments, section corners, and other physical accessories of the United States Public Land Survey within the State of Arkansas, the field notes, plats, and other documents relating and evidencing the United States Public Land Survey, and the prescribing of general land survey regulations.

Amended by Act 2015EX1, No. 8,§ 139, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 139, eff. 7/1/2015.

Acts 1973, No. 458, § 1; A.S.A. 1947, § 10-1301; Acts 2001, No. 1417, § 1; 2007, No. 752, § 2.
Ark. Code Ann. § 15-3-201 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-201
Legislative intent
Status: in_force

A national ranking of Arkansas's research performance in comparison with other states places our state forty-ninth. In order to be competitive in our economic and educational endeavors, it is critical that our research capabilities be upgraded. To be competitive will require a commitment on behalf of the state that is specifically targeted to improving our ranking among the states in the areas of science and engineering graduates, university research and development, federal research and development, and small business innovation research grants. The commitment necessary to improve our ranking is to be found in investing in research and research infrastructure. Acts 1999, No. 1545, § 1.

A national ranking of Arkansas's research performance in comparison with other states places our state forty-ninth. In order to be competitive in our economic and educational endeavors, it is critical that our research capabilities be upgraded. To be competitive will require a commitment on behalf of the state that is specifically targeted to improving our ranking among the states in the areas of science and engineering graduates, university research and development, federal research and development, and small business innovation research grants. The commitment necessary to improve our ranking is to be found in investing in research and research infrastructure.

Acts 1999, No. 1545, § 1.
Ark. Code Ann. § 15-58-105 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-105
Public agencies, utilities, and corporations
Status: in_force

Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this chapter shall comply with the provisions of this chapter and the rules issued pursuant to this chapter. Amended by Act 2019, No. 315,§ 1175, eff. 7/24/2019. Acts 1979, No. 134, § 33; A.S.A. 1947, § 52-967.

Any agency, unit, or instrumentality of federal, state, or local government, including any publicly owned utility or publicly owned corporation of federal, state, or local government, which proposes to engage in surface coal mining operations which are subject to the requirements of this chapter shall comply with the provisions of this chapter and the rules issued pursuant to this chapter.

Amended by Act 2019, No. 315,§ 1175, eff. 7/24/2019.

Acts 1979, No. 134, § 33; A.S.A. 1947, § 52-967.
Ark. Code Ann. § 15-5-211 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-211
Dissolution of the authority
Status: in_force

(a) The Arkansas Development Finance Authority may be dissolved by act of the General Assembly on condition that the authority has no debts or obligations outstanding or provision has been made for the payment or retirement of such debts or obligations. (b) Upon any such dissolution of the authority, all property, funds, and assets thereof shall be vested in the state. Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.

(a) The Arkansas Development Finance Authority may be dissolved by act of the General Assembly on condition that the authority has no debts or obligations outstanding or provision has been made for the payment or retirement of such debts or obligations.

(b) Upon any such dissolution of the authority, all property, funds, and assets thereof shall be vested in the state.

Acts 1985, No. 1062, § 4.00; A.S.A. 1947, § 13-2904.
Ark. Code Ann. § 15-74-401 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-401
Penalty
Status: in_force

(a) A dealer shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), if that dealer: (1) Offers for sale any of the oils or fluids mentioned in this subchapter which: (A) Have not been tested; or (B) Having been tested, fail to comply with the specifications set out in this subchapter; or (2) Fails to comply with all the requirements of any section of this subchapter or rules promulgated by the Secretary of the Department of Finance and Administration under authority of this subchapter. (b) However, the secretary, or any of his or her deputies or inspectors, shall have the power to compromise the penalty herein fixed by imposing the penalty as the merits of the case demand. Amended by Act 2019, No. 315,§ 1263, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3414, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3413, eff. 7/1/2019. Acts 1933, No. 134, § 12; Pope's Dig., § 10459; A.S.A. 1947, § 53-612.

(a) A dealer shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500), if that dealer: (1) Offers for sale any of the oils or fluids mentioned in this subchapter which: (A) Have not been tested; or (B) Having been tested, fail to comply with the specifications set out in this subchapter; or (2) Fails to comply with all the requirements of any section of this subchapter or rules promulgated by the Secretary of the Department of Finance and Administration under authority of this subchapter.

(1) Offers for sale any of the oils or fluids mentioned in this subchapter which: (A) Have not been tested; or (B) Having been tested, fail to comply with the specifications set out in this subchapter; or

(A) Have not been tested; or

(B) Having been tested, fail to comply with the specifications set out in this subchapter; or

(2) Fails to comply with all the requirements of any section of this subchapter or rules promulgated by the Secretary of the Department of Finance and Administration under authority of this subchapter.

(b) However, the secretary, or any of his or her deputies or inspectors, shall have the power to compromise the penalty herein fixed by imposing the penalty as the merits of the case demand.

Amended by Act 2019, No. 315,§ 1263, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3414, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3413, eff. 7/1/2019.

Acts 1933, No. 134, § 12; Pope's Dig., § 10459; A.S.A. 1947, § 53-612.
Ark. Code Ann. § 15-55-211 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-211
State and federal expense sharing
Status: in_force

(a) The State of Arkansas shall pay the portion of the field and traveling expenses, including salaries, as agreed upon between the Office of the State Geologist, with approval of the Director of Production and Conservation, and the United States Geological Survey. (b) The full and complete results of the surveys shall be available for publication in the state reports. (c) The expense of the office work for the state reports shall be borne by the state. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1907, No. 417, § 4, p. 1103; 1909, No. 348, § 5, p. 1020; C. & M. Dig., § 4977; Pope's Dig., § 12226; A.S.A. 1947, § 9-404.

(a) The State of Arkansas shall pay the portion of the field and traveling expenses, including salaries, as agreed upon between the Office of the State Geologist, with approval of the Director of Production and Conservation, and the United States Geological Survey.

(b) The full and complete results of the surveys shall be available for publication in the state reports.

(c) The expense of the office work for the state reports shall be borne by the state.

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

Acts 1907, No. 417, § 4, p. 1103; 1909, No. 348, § 5, p. 1020; C. & M. Dig., § 4977; Pope's Dig., § 12226; A.S.A. 1947, § 9-404.
Ark. Code Ann. § 15-23-103 — AR Code / Title 15 / Chapter 23 / Subchapter 1 / Section 15-23-103
Lee Creek Development Authorization Act of 1985
Status: in_force

(a) This section shall be known and may be cited as the "Lee Creek Development Authorization Act of 1985". (b) (1) Authority is granted to develop that portion of the Lee Creek Waterway located in Crawford County, commencing at the three and two-tenths-mile point of Lee Creek, measured from the point of confluence of Lee Creek and the Arkansas River, and continuing from the three and two-tenths-mile point to the common boundary between the states of Arkansas and Oklahoma. (2) (A) The grant of authority for development as set forth in this subsection includes, but is not limited to, the authority to construct any bridge, causeway, dam, dike, or other structure necessary to the development of the designated portion of Lee Creek and the impoundment of water thereon. (B) However, the appropriate permits for the construction of a structure described in subdivision (b)(2)(A) of this section shall be obtained from the responsible agencies of the State of Arkansas as otherwise provided by law. (c) Those portions of Lee Creek affected by subsection (b) of this section are found to be solely within the State of Arkansas. Amended by Act 2017, No. 374,§ 35, eff. 8/1/2017. Acts 1985, No. 263, §§ 1-3; A.S.A. 1947, § 21-1317n.

(a) This section shall be known and may be cited as the "Lee Creek Development Authorization Act of 1985".

(b) (1) Authority is granted to develop that portion of the Lee Creek Waterway located in Crawford County, commencing at the three and two-tenths-mile point of Lee Creek, measured from the point of confluence of Lee Creek and the Arkansas River, and continuing from the three and two-tenths-mile point to the common boundary between the states of Arkansas and Oklahoma. (2) (A) The grant of authority for development as set forth in this subsection includes, but is not limited to, the authority to construct any bridge, causeway, dam, dike, or other structure necessary to the development of the designated portion of Lee Creek and the impoundment of water thereon. (B) However, the appropriate permits for the construction of a structure described in subdivision (b)(2)(A) of this section shall be obtained from the responsible agencies of the State of Arkansas as otherwise provided by law.

(1) Authority is granted to develop that portion of the Lee Creek Waterway located in Crawford County, commencing at the three and two-tenths-mile point of Lee Creek, measured from the point of confluence of Lee Creek and the Arkansas River, and continuing from the three and two-tenths-mile point to the common boundary between the states of Arkansas and Oklahoma.

(2) (A) The grant of authority for development as set forth in this subsection includes, but is not limited to, the authority to construct any bridge, causeway, dam, dike, or other structure necessary to the development of the designated portion of Lee Creek and the impoundment of water thereon. (B) However, the appropriate permits for the construction of a structure described in subdivision (b)(2)(A) of this section shall be obtained from the responsible agencies of the State of Arkansas as otherwise provided by law.

(A) The grant of authority for development as set forth in this subsection includes, but is not limited to, the authority to construct any bridge, causeway, dam, dike, or other structure necessary to the development of the designated portion of Lee Creek and the impoundment of water thereon.

(B) However, the appropriate permits for the construction of a structure described in subdivision (b)(2)(A) of this section shall be obtained from the responsible agencies of the State of Arkansas as otherwise provided by law.

(c) Those portions of Lee Creek affected by subsection (b) of this section are found to be solely within the State of Arkansas.

Amended by Act 2017, No. 374,§ 35, eff. 8/1/2017.

Acts 1985, No. 263, §§ 1-3; A.S.A. 1947, § 21-1317n.
Ark. Code Ann. § 15-22-1105 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1105
Authority to accept grants - Deposit of funds received
Status: in_force

(a) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority as agent for the commission may accept grants for the use of the Safe Drinking Water Fund from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities, specifically including without limitation appropriations from the State Treasury as heretofore or hereafter provided. (b) All moneys received by the commission or the authority under the provisions of this subchapter shall be deposited as and when received into the fund except as otherwise specifically provided by federal or state law. (c) (1) Except for moneys hereafter deposited into or paid to the commission or the authority for deposit into the Drinking Water State Grants Account, all moneys now or hereafter received for, deposited into, or paid to the commission or the authority for deposit into the fund are specifically declared to be cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions but shall be held and applied by the commission or the authority as agent for the commission solely for the uses set forth in this subchapter. (2) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness issued by owners or the making of loans with moneys in the fund including in each case moneys in the Drinking Water State Grants Account are declared to be cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the commission and the authority as agent for the commission solely for the uses set forth in this subchapter. Acts 1997, No. 772, § 5; 2003, No. 465, § 2; 2009, No. 457, § 7.

(a) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority as agent for the commission may accept grants for the use of the Safe Drinking Water Fund from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities, specifically including without limitation appropriations from the State Treasury as heretofore or hereafter provided.

(b) All moneys received by the commission or the authority under the provisions of this subchapter shall be deposited as and when received into the fund except as otherwise specifically provided by federal or state law.

(c) (1) Except for moneys hereafter deposited into or paid to the commission or the authority for deposit into the Drinking Water State Grants Account, all moneys now or hereafter received for, deposited into, or paid to the commission or the authority for deposit into the fund are specifically declared to be cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions but shall be held and applied by the commission or the authority as agent for the commission solely for the uses set forth in this subchapter. (2) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness issued by owners or the making of loans with moneys in the fund including in each case moneys in the Drinking Water State Grants Account are declared to be cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the commission and the authority as agent for the commission solely for the uses set forth in this subchapter.

(1) Except for moneys hereafter deposited into or paid to the commission or the authority for deposit into the Drinking Water State Grants Account, all moneys now or hereafter received for, deposited into, or paid to the commission or the authority for deposit into the fund are specifically declared to be cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions but shall be held and applied by the commission or the authority as agent for the commission solely for the uses set forth in this subchapter.

(2) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness issued by owners or the making of loans with moneys in the fund including in each case moneys in the Drinking Water State Grants Account are declared to be cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the commission and the authority as agent for the commission solely for the uses set forth in this subchapter.

Acts 1997, No. 772, § 5; 2003, No. 465, § 2; 2009, No. 457, § 7.
Ark. Code Ann. § 15-22-1307 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1307
Bonds - Signature - Seal
Status: in_force

(a) The bonds shall be executed by manual or facsimile signature of the Chair of the Arkansas Natural Resources Commission and the manual or facsimile signature of any other director or officer authorized to do so by resolution of the Arkansas Natural Resources Commission. (b) If the officers whose signatures appear on the bonds shall cease to be officers before delivery of the bonds, their signatures, nevertheless, shall be valid and sufficient for all purposes. (c) Each bond shall be impressed or imprinted with the seal of the commission. Amended by Act 2019, No. 910,§ 85, eff. 7/1/2019. Acts 2003, No. 598, § 1.

(a) The bonds shall be executed by manual or facsimile signature of the Chair of the Arkansas Natural Resources Commission and the manual or facsimile signature of any other director or officer authorized to do so by resolution of the Arkansas Natural Resources Commission.

(b) If the officers whose signatures appear on the bonds shall cease to be officers before delivery of the bonds, their signatures, nevertheless, shall be valid and sufficient for all purposes.

(c) Each bond shall be impressed or imprinted with the seal of the commission.

Amended by Act 2019, No. 910,§ 85, eff. 7/1/2019.

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-43-105 — AR Code / Title 15 / Chapter 43 / Subchapter 1 / Section 15-43-105
Prima facie evidence of hunting and fishing
Status: in_force

(a) The possession of firearms in fields, forests, along streams, or in any location known to be game cover shall be considered prima facie evidence that the possessor is hunting. (b) The possession of tackle, nets, spears, or other instruments usually used in fishing on or in the vicinity of lakes and streams shall be considered prima facie evidence that the possessor is fishing. Acts 1943, No. 146, § 9; A.S.A. 1947, § 47-502.

(a) The possession of firearms in fields, forests, along streams, or in any location known to be game cover shall be considered prima facie evidence that the possessor is hunting.

(b) The possession of tackle, nets, spears, or other instruments usually used in fishing on or in the vicinity of lakes and streams shall be considered prima facie evidence that the possessor is fishing.

Acts 1943, No. 146, § 9; A.S.A. 1947, § 47-502.
Ark. Code Ann. § 15-41-303 — AR Code / Title 15 / Chapter 41 / Subchapter 3 / Section 15-41-303
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas State Game and Fish Commission; (2) "Commission-managed lands" means those lands: (A) That the commission owns; and (B) Over which the commission holds management authority; and (3) "Hunting" means the lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the attempt to pursue, trap, shoot, capture, collect, or kill wildlife. Acts 2005, No. 1377, § 1.

As used in this subchapter:

(1) "Commission" means the Arkansas State Game and Fish Commission;

(2) "Commission-managed lands" means those lands: (A) That the commission owns; and (B) Over which the commission holds management authority; and

(A) That the commission owns; and

(B) Over which the commission holds management authority; and

(3) "Hunting" means the lawful pursuit, trapping, shooting, capture, collection, or killing of wildlife or the attempt to pursue, trap, shoot, capture, collect, or kill wildlife.

Acts 2005, No. 1377, § 1.
Ark. Code Ann. § 15-22-720 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-720
Investment of moneys
Status: in_force

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, the investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the fund appertains to the extent the terms of such a resolution or trust indenture are applicable. Acts 1987, No. 686, § 18.

Any moneys held in any fund created under this subchapter shall be invested by the State Board of Finance to the full extent practicable pending disbursement for the purposes intended. Notwithstanding any other provision of law, the investments shall be in accordance with the terms of the resolution or trust indenture authorizing or securing the series of bonds to which the fund appertains to the extent the terms of such a resolution or trust indenture are applicable.

Acts 1987, No. 686, § 18.
Ark. Code Ann. § 15-3-405 — AR Code / Title 15 / Chapter 3 / Subchapter 4 / Section 15-3-405
Rules
Status: in_force

(a) The Arkansas Economic Development Commission, through the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall establish procedures consistent with this subchapter to carry out the intent of this legislation. (b) The commission shall establish by rule opportunities for assisting in the hiring of postdoctoral graduates in each of the four (4) congressional districts in the state. Amended by Act 2015EX1, No. 8,§ 87, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 87, eff. 7/1/2015. Acts 2009, No. 463, § 1.

(a) The Arkansas Economic Development Commission, through the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., shall establish procedures consistent with this subchapter to carry out the intent of this legislation.

(b) The commission shall establish by rule opportunities for assisting in the hiring of postdoctoral graduates in each of the four (4) congressional districts in the state.

Amended by Act 2015EX1, No. 8,§ 87, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 87, eff. 7/1/2015.

Acts 2009, No. 463, § 1.
Ark. Code Ann. § 15-5-1605 — AR Code / Title 15 / Chapter 5 / Subchapter 16 / Section 15-5-1605
[Repealed]
Status: repealed

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019. Amended by Act 2015EX1, No. 8,§ 104, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 104, eff. 7/1/2015. Amended by Act 2013, No. 1095,§ 8, eff. 4/11/2013. Amended by Act 2013, No. 1095,§ 7, eff. 4/11/2013. Amended by Act 2013, No. 1095,§ 6, eff. 4/11/2013. Amended by Act 2013, No. 1095,§ 5, eff. 4/11/2013. Acts 2007, No. 1025, § 1; 2009, No. 481, § 4; 2009, No. 791, § 3.

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

Amended by Act 2015EX1, No. 8,§ 104, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 104, eff. 7/1/2015.

Amended by Act 2013, No. 1095,§ 8, eff. 4/11/2013.

Amended by Act 2013, No. 1095,§ 7, eff. 4/11/2013.

Amended by Act 2013, No. 1095,§ 6, eff. 4/11/2013.

Amended by Act 2013, No. 1095,§ 5, eff. 4/11/2013.

Acts 2007, No. 1025, § 1; 2009, No. 481, § 4; 2009, No. 791, § 3.
Ark. Code Ann. § 15-4-1011 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1011
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 9; A.S.A. 1947, § 67-1635; Acts 2003, No. 860, § 6.

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

Acts 1985, No. 410, § 9; A.S.A. 1947, § 67-1635; Acts 2003, No. 860, § 6.
Ark. Code Ann. § 15-76-309 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-309
Petition for formation of a brine production unit or a brine expansion unit
Status: in_force

A petition for formation of a brine production unit or a brine expansion unit may be filed by a producer and shall contain the following: (1) A description of the proposed brine production unit or brine expansion unit; (2) A statement of the plan of development and operation of the brine production unit or brine expansion unit; (3) All geological and engineering data necessary for the Oil and Gas Commission to be fully advised of the feasibility of the proposed plan; (4) A statement detailing all costs and expenses chargeable to the proposed brine production unit or a brine expansion unit and a statement of all credits due against costs and expenses; (5) A plat of each proposed brine production unit or brine expansion unit which indicates the tracts or parcels of land included in the plat and the location of each well then located within the proposed unit for the production of brine and the injection or disposal of effluent and the proposed location of each well that is proposed to be drilled for production and injection or disposal purposes; (6) A list of owners within the unit, including the brine, interest, and last known address of each such owner; and (7) (A) A statement that the petitioner has valid and subsisting leases or otherwise owns or controls the right to produce brine from not less than seventy-five percent (75%) of the entire area of the proposed brine production unit or brine expansion unit. (B) The petitioner may not combine its leases or other rights to produce brine, relative to an adjacent brine production unit or brine expansion unit, with leases or other rights to produce brine necessary to achieve the seventy-five-percent lease requirement to form a separate brine production unit or brine expansion unit. Amended by Act 2015, No. 89,§ 4, eff. 2/13/2015. Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.

A petition for formation of a brine production unit or a brine expansion unit may be filed by a producer and shall contain the following:

(1) A description of the proposed brine production unit or brine expansion unit;

(2) A statement of the plan of development and operation of the brine production unit or brine expansion unit;

(3) All geological and engineering data necessary for the Oil and Gas Commission to be fully advised of the feasibility of the proposed plan;

(4) A statement detailing all costs and expenses chargeable to the proposed brine production unit or a brine expansion unit and a statement of all credits due against costs and expenses;

(5) A plat of each proposed brine production unit or brine expansion unit which indicates the tracts or parcels of land included in the plat and the location of each well then located within the proposed unit for the production of brine and the injection or disposal of effluent and the proposed location of each well that is proposed to be drilled for production and injection or disposal purposes;

(6) A list of owners within the unit, including the brine, interest, and last known address of each such owner; and

(7) (A) A statement that the petitioner has valid and subsisting leases or otherwise owns or controls the right to produce brine from not less than seventy-five percent (75%) of the entire area of the proposed brine production unit or brine expansion unit. (B) The petitioner may not combine its leases or other rights to produce brine, relative to an adjacent brine production unit or brine expansion unit, with leases or other rights to produce brine necessary to achieve the seventy-five-percent lease requirement to form a separate brine production unit or brine expansion unit.

(A) A statement that the petitioner has valid and subsisting leases or otherwise owns or controls the right to produce brine from not less than seventy-five percent (75%) of the entire area of the proposed brine production unit or brine expansion unit.

(B) The petitioner may not combine its leases or other rights to produce brine, relative to an adjacent brine production unit or brine expansion unit, with leases or other rights to produce brine necessary to achieve the seventy-five-percent lease requirement to form a separate brine production unit or brine expansion unit.

Amended by Act 2015, No. 89,§ 4, eff. 2/13/2015.

Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Ark. Code Ann. § 15-5-1404 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1404
Designated investor group
Status: in_force

(a) (1) The Arkansas Development Finance Authority shall solicit from investor groups investment plans for the raising and investing of capital in accordance with the requirements of this subchapter. (2) Investment plans submitted shall address the investor group's: (A) Level of experience; (B) Quality of management; (C) Investment philosophy and process; (D) Probability of success in fund raising; and (E) Plan for achieving the purposes of this subchapter. (b) (1) The authority shall consider and select the investment plans and shall select and certify as the designated investor group the one (1) investor group deemed best qualified to: (A) Capitalize the private revolving fund with the most effective and efficient utilization of the capital guaranty; (B) Invest the capital in private seed and venture capital entities in a manner mobilizing a wide variety of equity capital and near-equity capital investments in ventures promoting the economic development of Arkansas; and (C) Help build a significant, fiscally strong, and permanent resource to serve the objectives expressed in this subsection. (2) The designated investor group must have a manager who is a person with demonstrated substantial successful experience in design, implementation, and management of seed and venture capital investment programs and in capital formation. (c) The authority, in its discretion, shall have the right to: (1) Remove and replace the chosen designated investor group; and (2) Effect the assignment of all assets, liabilities, guaranties, and other contracts of this program to a new designated investor group. Acts 2001, No. 1791, § 4.

(a) (1) The Arkansas Development Finance Authority shall solicit from investor groups investment plans for the raising and investing of capital in accordance with the requirements of this subchapter. (2) Investment plans submitted shall address the investor group's: (A) Level of experience; (B) Quality of management; (C) Investment philosophy and process; (D) Probability of success in fund raising; and (E) Plan for achieving the purposes of this subchapter.

(1) The Arkansas Development Finance Authority shall solicit from investor groups investment plans for the raising and investing of capital in accordance with the requirements of this subchapter.

(2) Investment plans submitted shall address the investor group's: (A) Level of experience; (B) Quality of management; (C) Investment philosophy and process; (D) Probability of success in fund raising; and (E) Plan for achieving the purposes of this subchapter.

(A) Level of experience;

(B) Quality of management;

(C) Investment philosophy and process;

(D) Probability of success in fund raising; and

(E) Plan for achieving the purposes of this subchapter.

(b) (1) The authority shall consider and select the investment plans and shall select and certify as the designated investor group the one (1) investor group deemed best qualified to: (A) Capitalize the private revolving fund with the most effective and efficient utilization of the capital guaranty; (B) Invest the capital in private seed and venture capital entities in a manner mobilizing a wide variety of equity capital and near-equity capital investments in ventures promoting the economic development of Arkansas; and (C) Help build a significant, fiscally strong, and permanent resource to serve the objectives expressed in this subsection. (2) The designated investor group must have a manager who is a person with demonstrated substantial successful experience in design, implementation, and management of seed and venture capital investment programs and in capital formation.

(1) The authority shall consider and select the investment plans and shall select and certify as the designated investor group the one (1) investor group deemed best qualified to: (A) Capitalize the private revolving fund with the most effective and efficient utilization of the capital guaranty; (B) Invest the capital in private seed and venture capital entities in a manner mobilizing a wide variety of equity capital and near-equity capital investments in ventures promoting the economic development of Arkansas; and (C) Help build a significant, fiscally strong, and permanent resource to serve the objectives expressed in this subsection.

(A) Capitalize the private revolving fund with the most effective and efficient utilization of the capital guaranty;

(B) Invest the capital in private seed and venture capital entities in a manner mobilizing a wide variety of equity capital and near-equity capital investments in ventures promoting the economic development of Arkansas; and

(C) Help build a significant, fiscally strong, and permanent resource to serve the objectives expressed in this subsection.

(2) The designated investor group must have a manager who is a person with demonstrated substantial successful experience in design, implementation, and management of seed and venture capital investment programs and in capital formation.

(c) The authority, in its discretion, shall have the right to: (1) Remove and replace the chosen designated investor group; and (2) Effect the assignment of all assets, liabilities, guaranties, and other contracts of this program to a new designated investor group.

(1) Remove and replace the chosen designated investor group; and

(2) Effect the assignment of all assets, liabilities, guaranties, and other contracts of this program to a new designated investor group.

Acts 2001, No. 1791, § 4.
Ark. Code Ann. § 15-22-808 — AR Code / Title 15 / Chapter 22 / Subchapter 8 / Section 15-22-808
Arkansas Water Resources Cost Share Revolving Fund
Status: in_force

(a) The Arkansas Water Resources Cost Share Revolving Fund created under § 19-5-1042 is a depository for funds which may be appropriated or otherwise secured for cost-sharing with the federal government in local water resources development projects under this subchapter. (b) (1) The fund shall be used to: (A) Provide loans or grants to local governments under this subchapter; and (B) Pay the administrative costs of a water resources development project not to exceed twenty percent (20%) of the total cost of the water resources development project. (2) Funds from the repayment of loans from the fund shall be returned to the fund and shall be reused in a manner consistent with the purpose of this subchapter. (c) (1) Loans from the fund shall be repaid in full at an interest rate up to the maximum allowed under the Arkansas Constitution. (2) The terms and conditions of repayment of the loans for cost-sharing shall be specified and agreed to in writing before awarding the loan. Amended by Act 2015, No. 1149,§ 11, eff. 7/22/2015. Acts 1989, No. 257, § 8.

(a) The Arkansas Water Resources Cost Share Revolving Fund created under § 19-5-1042 is a depository for funds which may be appropriated or otherwise secured for cost-sharing with the federal government in local water resources development projects under this subchapter.

(b) (1) The fund shall be used to: (A) Provide loans or grants to local governments under this subchapter; and (B) Pay the administrative costs of a water resources development project not to exceed twenty percent (20%) of the total cost of the water resources development project. (2) Funds from the repayment of loans from the fund shall be returned to the fund and shall be reused in a manner consistent with the purpose of this subchapter.

(1) The fund shall be used to: (A) Provide loans or grants to local governments under this subchapter; and (B) Pay the administrative costs of a water resources development project not to exceed twenty percent (20%) of the total cost of the water resources development project.

(A) Provide loans or grants to local governments under this subchapter; and

(B) Pay the administrative costs of a water resources development project not to exceed twenty percent (20%) of the total cost of the water resources development project.

(2) Funds from the repayment of loans from the fund shall be returned to the fund and shall be reused in a manner consistent with the purpose of this subchapter.

(c) (1) Loans from the fund shall be repaid in full at an interest rate up to the maximum allowed under the Arkansas Constitution. (2) The terms and conditions of repayment of the loans for cost-sharing shall be specified and agreed to in writing before awarding the loan.

(1) Loans from the fund shall be repaid in full at an interest rate up to the maximum allowed under the Arkansas Constitution.

(2) The terms and conditions of repayment of the loans for cost-sharing shall be specified and agreed to in writing before awarding the loan.

Amended by Act 2015, No. 1149,§ 11, eff. 7/22/2015.

Acts 1989, No. 257, § 8.
Ark. Code Ann. § 15-5-1203 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1203
Definitions
Status: in_force

As used in this subchapter: (1) "Act" means the Arkansas Development Finance Authority Act, § 15-5-101 et seq.; (2) "Authority" means the Arkansas Development Finance Authority; (3) "Bonds" means the Arkansas Development Finance Authority Petroleum Storage Tank Trust Fund revenue bonds or other obligations authorized to be issued or incurred by the authority pursuant to this subchapter and the Arkansas Development Finance Authority Act, §§ 15-5-101 et seq., 15-5-201 et seq., and 15-5-301 et seq.; (4) "Debt service fund" means the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and any subaccount of the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund to be established on the books of the authority for the purpose of paying the principal of and interest on the bonds as they come due; (5) [Repealed.] (6) "Pledged fees" means the fees collected by the Secretary of the Department of Finance and Administration pursuant to § 8-7-906 ; (7) "Reserve fund" means the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund and any subaccount of the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund established on the books of the authority pursuant to this subchapter as a reserve for the payment of the principal or any interest on the bonds; (8) "Trust fund" means the Petroleum Storage Tank Trust Fund established in the State Treasury pursuant to § 8-7-905 ; and (9) "Trust fund act" means the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq. Amended by Act 2019, No. 910,§ 3400, eff. 7/1/2019. Acts 1995, No. 1054, § 1.

As used in this subchapter:

(1) "Act" means the Arkansas Development Finance Authority Act, § 15-5-101 et seq.;

(2) "Authority" means the Arkansas Development Finance Authority;

(3) "Bonds" means the Arkansas Development Finance Authority Petroleum Storage Tank Trust Fund revenue bonds or other obligations authorized to be issued or incurred by the authority pursuant to this subchapter and the Arkansas Development Finance Authority Act, §§ 15-5-101 et seq., 15-5-201 et seq., and 15-5-301 et seq.;

(4) "Debt service fund" means the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund and any subaccount of the Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund to be established on the books of the authority for the purpose of paying the principal of and interest on the bonds as they come due;

(5) [Repealed.]

(6) "Pledged fees" means the fees collected by the Secretary of the Department of Finance and Administration pursuant to § 8-7-906 ;

(7) "Reserve fund" means the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund and any subaccount of the Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund established on the books of the authority pursuant to this subchapter as a reserve for the payment of the principal or any interest on the bonds;

(8) "Trust fund" means the Petroleum Storage Tank Trust Fund established in the State Treasury pursuant to § 8-7-905 ; and

(9) "Trust fund act" means the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq.

Amended by Act 2019, No. 910,§ 3400, eff. 7/1/2019.

Acts 1995, No. 1054, § 1.
Ark. Code Ann. § 15-56-203 — AR Code / Title 15 / Chapter 56 / Subchapter 2 / Section 15-56-203
Affidavit of assessment work
Status: in_force

On or before December 31 of any year in which the time in which the assessment work or improvement required by law to hold the claim expires, the owner of the claim or, in his or her absence, his or her agent or the party who was in charge of the work for the claimant may make an affidavit and file it for record in the recorder's office in the county in which the claim is situated. This affidavit shall be, in substance, as follows: Click here to view form. The affidavit when so filed and recorded, shall be prima facie evidence of the performance of such labor or the making of such improvements. Acts 1901, No. 177, § 2, p. 330; C. & M. Dig., § 7330; Pope's Dig., § 9386; A.S.A. 1947, § 52-105.

On or before December 31 of any year in which the time in which the assessment work or improvement required by law to hold the claim expires, the owner of the claim or, in his or her absence, his or her agent or the party who was in charge of the work for the claimant may make an affidavit and file it for record in the recorder's office in the county in which the claim is situated. This affidavit shall be, in substance, as follows:

Click here to view form.

The affidavit when so filed and recorded, shall be prima facie evidence of the performance of such labor or the making of such improvements.

Acts 1901, No. 177, § 2, p. 330; C. & M. Dig., § 7330; Pope's Dig., § 9386; A.S.A. 1947, § 52-105.

56_203_1 - Attachment
Ark. Code Ann. § 15-4-3016 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3016
Exemption from taxes
Status: in_force

(a) All bonds issued under this subchapter and interest on the bonds are exempt from all state and local taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of bank, fiduciary, insurance company, trust, and public funds. Acts 2003, No. 1751, § 16.

(a) All bonds issued under this subchapter and interest on the bonds are exempt from all state and local taxes.

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

Acts 2003, No. 1751, § 16.
Ark. Code Ann. § 15-56-409 — AR Code / Title 15 / Chapter 56 / Subchapter 4 / Section 15-56-409
Service of process on respondents - Hearing on petition
Status: in_force

Service of process shall be had upon the respondents in the manner provided by law as in other chancery cases, and the petition may be heard on oral testimony taken in open court. Acts 1961, No. 94, § 8; A.S.A. 1947, § 52-222.

Service of process shall be had upon the respondents in the manner provided by law as in other chancery cases, and the petition may be heard on oral testimony taken in open court.

Acts 1961, No. 94, § 8; A.S.A. 1947, § 52-222.
Ark. Code Ann. § 15-3-302 — AR Code / Title 15 / Chapter 3 / Subchapter 3 / Section 15-3-302
Legislative intent
Status: in_force

The General Assembly finds: (1) Economic growth and development in Arkansas in the twenty-first century are indisputably tied to the success of research centers and institutions in incubating high-tech industry; (2) The critical success factors of research institutions are available research infrastructure, talented senior researchers, suitable buildings, and effective equipment; and (3) Private sector leadership understands the market potential of research in economic development and the job-creating power of public-private collaboration. Acts 2007, No. 563, § 1.

The General Assembly finds:

(1) Economic growth and development in Arkansas in the twenty-first century are indisputably tied to the success of research centers and institutions in incubating high-tech industry;

(2) The critical success factors of research institutions are available research infrastructure, talented senior researchers, suitable buildings, and effective equipment; and

(3) Private sector leadership understands the market potential of research in economic development and the job-creating power of public-private collaboration.

Acts 2007, No. 563, § 1.
Ark. Code Ann. § 15-4-2504 — AR Code / Title 15 / Chapter 4 / Subchapter 25 / Section 15-4-2504
Supporting documents
Status: in_force

Each community lender requesting a participating loan shall submit to the Arkansas Economic Development Commission an application, supporting documents, and instruments as may be required by the rules promulgated by the commission. Amended by Act 2019, No. 315,§ 1071, eff. 7/24/2019. Acts 2001, No. 913, § 5.

Each community lender requesting a participating loan shall submit to the Arkansas Economic Development Commission an application, supporting documents, and instruments as may be required by the rules promulgated by the commission.

Amended by Act 2019, No. 315,§ 1071, eff. 7/24/2019.

Acts 2001, No. 913, § 5.
Ark. Code Ann. § 15-60-103 — AR Code / Title 15 / Chapter 60 / Section 15-60-103
License required
Status: in_force

It shall be unlawful for any person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust to engage in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury without first procuring the license provided for by this chapter. Acts 1943, No. 86, § 1; A.S.A. 1947, § 52-801.

It shall be unlawful for any person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust to engage in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury without first procuring the license provided for by this chapter.

Acts 1943, No. 86, § 1; A.S.A. 1947, § 52-801.
Ark. Code Ann. § 15-4-2013 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2013
Transfer of tax credit
Status: in_force

(a) (1) An owner of a tax credit under this subchapter may transfer, sell, or assign some or all of the amount of the tax credit certified under § 15-4-2012 . (2) A subsequent holder of some or all the amount of the tax credit may transfer, sell, or assign some or all of the remaining tax credit. (b) A transferee from an original, approved applicant under this subchapter may use the tax credit under this subchapter only to the extent the tax credit is still available to and has not previously been used by the transferor. (c) If a transferee of a tax credit under this subchapter seeks to use the tax credit, the transferee shall obtain and attach to the transferee's income tax return for the years the tax credit is claimed a certified statement from the transferor stating the: (1) Name and address of the original purchaser and all transferees; (2) Tax identification number of all persons entitled to any portion of the original tax credit; (3) Original date the tax credit was approved; (4) Original amount of the tax credit; (5) Amount of the tax credit that was transferred; and (6) Remaining amount of the tax credit that is available for use by the transferee. (d) The amount of the tax credit received by the transferee may be carried forward in part or in whole for five (5) consecutive taxable years, beginning from the taxable year in which the tax credit originated, to apply against the taxpayer's income taxes due. (e) If any subsequent audits or adjustments are made to a tax credit issued under this subchapter that reduce the amount of the tax credit, then the transferor that originally received the tax credit under this subchapter shall refund the difference between the original amount and the reduced amount to the Department of Finance and Administration. (f) An owner or holder that assigns some or all of a tax credit under this section shall perfect the transfer by notifying the department in writing within thirty (30) calendar days following the effective date of the transfer and shall provide any information the department requires to administer and carry out this subchapter and to ensure proper tracking of the ownership of the unused tax credit. Added by Act 2021, No. 797,§ 11, eff. 7/28/2021.

(a) (1) An owner of a tax credit under this subchapter may transfer, sell, or assign some or all of the amount of the tax credit certified under § 15-4-2012 . (2) A subsequent holder of some or all the amount of the tax credit may transfer, sell, or assign some or all of the remaining tax credit.

(1) An owner of a tax credit under this subchapter may transfer, sell, or assign some or all of the amount of the tax credit certified under § 15-4-2012 .

(2) A subsequent holder of some or all the amount of the tax credit may transfer, sell, or assign some or all of the remaining tax credit.

(b) A transferee from an original, approved applicant under this subchapter may use the tax credit under this subchapter only to the extent the tax credit is still available to and has not previously been used by the transferor.

(c) If a transferee of a tax credit under this subchapter seeks to use the tax credit, the transferee shall obtain and attach to the transferee's income tax return for the years the tax credit is claimed a certified statement from the transferor stating the: (1) Name and address of the original purchaser and all transferees; (2) Tax identification number of all persons entitled to any portion of the original tax credit; (3) Original date the tax credit was approved; (4) Original amount of the tax credit; (5) Amount of the tax credit that was transferred; and (6) Remaining amount of the tax credit that is available for use by the transferee.

(1) Name and address of the original purchaser and all transferees;

(2) Tax identification number of all persons entitled to any portion of the original tax credit;

(3) Original date the tax credit was approved;

(4) Original amount of the tax credit;

(5) Amount of the tax credit that was transferred; and

(6) Remaining amount of the tax credit that is available for use by the transferee.

(d) The amount of the tax credit received by the transferee may be carried forward in part or in whole for five (5) consecutive taxable years, beginning from the taxable year in which the tax credit originated, to apply against the taxpayer's income taxes due.

(e) If any subsequent audits or adjustments are made to a tax credit issued under this subchapter that reduce the amount of the tax credit, then the transferor that originally received the tax credit under this subchapter shall refund the difference between the original amount and the reduced amount to the Department of Finance and Administration.

(f) An owner or holder that assigns some or all of a tax credit under this section shall perfect the transfer by notifying the department in writing within thirty (30) calendar days following the effective date of the transfer and shall provide any information the department requires to administer and carry out this subchapter and to ensure proper tracking of the ownership of the unused tax credit.

Added by Act 2021, No. 797,§ 11, eff. 7/28/2021.
Ark. Code Ann. § 15-3-131 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-131
Centers for applied technology - Authority to designate
Status: in_force

In order to encourage greater collaboration between private enterprises and Arkansas colleges and universities in the development and application of new technologies, the Arkansas Economic Development Commission may designate technological areas as having significant potential for economic growth in Arkansas or in which the application of new technologies could significantly enhance the productivity and stability of Arkansas enterprises. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1989, No. 803, § 1.

In order to encourage greater collaboration between private enterprises and Arkansas colleges and universities in the development and application of new technologies, the Arkansas Economic Development Commission may designate technological areas as having significant potential for economic growth in Arkansas or in which the application of new technologies could significantly enhance the productivity and stability of Arkansas enterprises.

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

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

Acts 1989, No. 803, § 1.
Ark. Code Ann. § 15-72-502 — AR Code / Title 15 / Chapter 72 / Subchapter 5 / Section 15-72-502
Investigation and research - Personnel
Status: in_force

The Oil and Gas Commission is authorized and directed to make investigations and to research, as in the judgment of the commission is appropriate, to ascertain the advisability of the employment of a secondary recovery method or methods in any pool within the State of Arkansas containing oil and gas, and to this end is authorized to employ the personnel who in its judgment are necessary for the performance of the work. Acts 1943, No. 302, § 2; A.S.A. 1947, § 53-128.

The Oil and Gas Commission is authorized and directed to make investigations and to research, as in the judgment of the commission is appropriate, to ascertain the advisability of the employment of a secondary recovery method or methods in any pool within the State of Arkansas containing oil and gas, and to this end is authorized to employ the personnel who in its judgment are necessary for the performance of the work.

Acts 1943, No. 302, § 2; A.S.A. 1947, § 53-128.
Ark. Code Ann. § 15-11-207 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-207
Cooperation with news media representatives
Status: in_force

(a) The Secretary of the Department of Parks, Heritage, and Tourism and his or her staff shall cooperate with representatives of newspapers, magazines, and radio and television stations but shall not otherwise be identified with any of these enterprises. (b) (1) All information or publicity originated or developed by the secretary and his or her staff shall be released to all news media at times agreeable to a majority of the representatives thereof who are assigned to the State Capitol Building. (2) However, upon the request of any such representative or other individual for specific information not theretofore originated and developed for a news release by the secretary or his or her staff, the secretary shall furnish the news release to the individual making the request without regard to the provision of subdivision (b)(1) of this section. (c) Nothing in this subchapter shall be construed as an abridgement of the freedom of the press or speech nor of the right of the executive head of any state agency to discuss freely with the representatives of the various news media any of the affairs of his or her state agency. Amended by Act 2019, No. 910,§ 5628, eff. 7/1/2019. Acts 1955, No. 330, § 8; A.S.A. 1947, § 9-209.

(a) The Secretary of the Department of Parks, Heritage, and Tourism and his or her staff shall cooperate with representatives of newspapers, magazines, and radio and television stations but shall not otherwise be identified with any of these enterprises.

(b) (1) All information or publicity originated or developed by the secretary and his or her staff shall be released to all news media at times agreeable to a majority of the representatives thereof who are assigned to the State Capitol Building. (2) However, upon the request of any such representative or other individual for specific information not theretofore originated and developed for a news release by the secretary or his or her staff, the secretary shall furnish the news release to the individual making the request without regard to the provision of subdivision (b)(1) of this section.

(1) All information or publicity originated or developed by the secretary and his or her staff shall be released to all news media at times agreeable to a majority of the representatives thereof who are assigned to the State Capitol Building.

(2) However, upon the request of any such representative or other individual for specific information not theretofore originated and developed for a news release by the secretary or his or her staff, the secretary shall furnish the news release to the individual making the request without regard to the provision of subdivision (b)(1) of this section.

(c) Nothing in this subchapter shall be construed as an abridgement of the freedom of the press or speech nor of the right of the executive head of any state agency to discuss freely with the representatives of the various news media any of the affairs of his or her state agency.

Amended by Act 2019, No. 910,§ 5628, eff. 7/1/2019.

Acts 1955, No. 330, § 8; A.S.A. 1947, § 9-209.
Ark. Code Ann. § 15-4-523 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-523
Authorized investors
Status: in_force

(a) Any city or town in this state or any board, commission, or other authority duly established by ordinance of any such city or town or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such city or town may invest any of its funds not immediately needed for its purposes in the bonds or other obligations of any industrial or economic development corporation having its principal office in the county in which any such city or town is located. (b) The board of trustees of any retirement system created by the General Assembly, in its discretion, may invest its funds in first lien coupon bonds of any corporation organized under the provisions of this act. Acts 1955, No. 404, §§ 20, 35; 1957, No. 47, § 1; A.S.A. 1947, §§ 9-523, 9-538; Acts 2001, No. 620, § 5.

(a) Any city or town in this state or any board, commission, or other authority duly established by ordinance of any such city or town or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such city or town may invest any of its funds not immediately needed for its purposes in the bonds or other obligations of any industrial or economic development corporation having its principal office in the county in which any such city or town is located.

(b) The board of trustees of any retirement system created by the General Assembly, in its discretion, may invest its funds in first lien coupon bonds of any corporation organized under the provisions of this act.

Acts 1955, No. 404, §§ 20, 35; 1957, No. 47, § 1; A.S.A. 1947, §§ 9-523, 9-538; Acts 2001, No. 620, § 5.
Ark. Code Ann. § 15-75-207 — AR Code / Title 15 / Chapter 75 / Subchapter 2 / Section 15-75-207
Rules
Status: in_force

(a) The Liquefied Petroleum Gas Board is empowered to make reasonable rules to carry out the provisions of this subchapter. Such rules shall have the force and effect of law. (b) In addition to the functions, powers, and duties conferred and imposed upon the board by this subchapter, and the regulation of its own procedure and carrying out its functions, powers, and duties, it shall have the authority from time to time to make, amend, and enforce all reasonable rules not inconsistent with law, which will aid in the performance of any of the functions, powers, or duties conferred or imposed upon it by law. (c) All permanent rules promulgated for the regulation of liquefied petroleum gases as published in the state code governing liquefied petroleum gas containers and equipment dated May 1, 1964, shall remain in full force and effect until changed, altered, amended, or abolished by the board. Amended by Act 2019, No. 315,§ 1267, eff. 7/24/2019. Acts 1965, No. 31, §§ 12, 28; A.S.A. 1947, §§ 53-711, 53-727.

(a) The Liquefied Petroleum Gas Board is empowered to make reasonable rules to carry out the provisions of this subchapter. Such rules shall have the force and effect of law.

(b) In addition to the functions, powers, and duties conferred and imposed upon the board by this subchapter, and the regulation of its own procedure and carrying out its functions, powers, and duties, it shall have the authority from time to time to make, amend, and enforce all reasonable rules not inconsistent with law, which will aid in the performance of any of the functions, powers, or duties conferred or imposed upon it by law.

(c) All permanent rules promulgated for the regulation of liquefied petroleum gases as published in the state code governing liquefied petroleum gas containers and equipment dated May 1, 1964, shall remain in full force and effect until changed, altered, amended, or abolished by the board.

Amended by Act 2019, No. 315,§ 1267, eff. 7/24/2019.

Acts 1965, No. 31, §§ 12, 28; A.S.A. 1947, §§ 53-711, 53-727.
Ark. Code Ann. § 15-20-701 — AR Code / Title 15 / Chapter 20 / Subchapter 7 / Section 15-20-701
Title
Status: in_force

This subchapter may be cited and referred to as the "Arkansas Scenic Resources Act of 1991". Acts 1991, No. 999, § 1.

This subchapter may be cited and referred to as the "Arkansas Scenic Resources Act of 1991".

Acts 1991, No. 999, § 1.
Ark. Code Ann. § 15-10-904 — AR Code / Title 15 / Chapter 10 / Subchapter 9 / Section 15-10-904
Rebates for qualified alternative motor vehicle property
Status: in_force

(a) The Arkansas Energy Office of the Division of Environmental Quality may offer a rebate for qualified alternative motor vehicle property that is: (1) Not more than fifty percent (50%) of the cost of the qualified alternative motor vehicle property, not to exceed four thousand five hundred dollars ($4,500) for each motor vehicle that is powered by hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and (2) Not more than fifty percent (50%) of the cost of the qualified alternative motor vehicle property, not to exceed two thousand five hundred dollars ($2,500) for each qualified alternative motor vehicle property that is powered by electricity. (b) The Director of the Division of Environmental Quality may increase the rebate percentages listed under subsection (a) of this section if the increase is designated or authorized by a funding source approved by a federal settlement or state settlement. Amended by Act 2019, No. 910,§ 3061, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3060, eff. 7/1/2019. Amended by Act 2017, No. 851,§ 10, eff. 8/1/2017. Amended by Act 2017, No. 271,§ 9, eff. 8/1/2017. Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.

(a) The Arkansas Energy Office of the Division of Environmental Quality may offer a rebate for qualified alternative motor vehicle property that is: (1) Not more than fifty percent (50%) of the cost of the qualified alternative motor vehicle property, not to exceed four thousand five hundred dollars ($4,500) for each motor vehicle that is powered by hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and (2) Not more than fifty percent (50%) of the cost of the qualified alternative motor vehicle property, not to exceed two thousand five hundred dollars ($2,500) for each qualified alternative motor vehicle property that is powered by electricity.

(1) Not more than fifty percent (50%) of the cost of the qualified alternative motor vehicle property, not to exceed four thousand five hundred dollars ($4,500) for each motor vehicle that is powered by hydrogen fuel cell, compressed natural gas, liquefied natural gas, or liquefied petroleum gas; and

(2) Not more than fifty percent (50%) of the cost of the qualified alternative motor vehicle property, not to exceed two thousand five hundred dollars ($2,500) for each qualified alternative motor vehicle property that is powered by electricity.

(b) The Director of the Division of Environmental Quality may increase the rebate percentages listed under subsection (a) of this section if the increase is designated or authorized by a funding source approved by a federal settlement or state settlement.

Amended by Act 2019, No. 910,§ 3061, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3060, eff. 7/1/2019.

Amended by Act 2017, No. 851,§ 10, eff. 8/1/2017.

Amended by Act 2017, No. 271,§ 9, eff. 8/1/2017.

Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-32-306 — AR Code / Title 15 / Chapter 32 / Subchapter 3 / Section 15-32-306
Disposition of logs under judgment
Status: in_force

If judgment is rendered for the state in any action, the county timber inspector shall sell the logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material at public sale but may sell the materials at private sale upon order of the court rendering judgment or upon order of the judge thereof, either in term time or vacation. Acts 1883, No. 83, § 7, p. 140; 1901, No. 130, § 17, p. 202; C. & M. Dig., § 7009; Pope's Dig., § 8989; A.S.A. 1947, § 54-208.

If judgment is rendered for the state in any action, the county timber inspector shall sell the logs, timber, lumber, staves, shingles, shingle bolts, stocks, headings, wood, bark, stone, mineral, or other material at public sale but may sell the materials at private sale upon order of the court rendering judgment or upon order of the judge thereof, either in term time or vacation.

Acts 1883, No. 83, § 7, p. 140; 1901, No. 130, § 17, p. 202; C. & M. Dig., § 7009; Pope's Dig., § 8989; A.S.A. 1947, § 54-208.
Ark. Code Ann. § 15-4-3211 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3211
Form and delivery of bonds
Status: in_force

(a) Each bond shall: (1) Be signed with the manual or facsimile signatures of the Governor, the Chair of the Board of Directors of the Arkansas Development Finance Authority, and the Treasurer of State; and (2) Have affixed, imprinted, or lithographed on the bond the Great Seal of the State of Arkansas. (b) Delivery of the bonds shall be valid notwithstanding any change in persons holding such offices occurring after the bonds have been executed. Acts 2005, No. 1981, § 1.

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

(1) Be signed with the manual or facsimile signatures of the Governor, the Chair of the Board of Directors of the Arkansas Development Finance Authority, and the Treasurer of State; and

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

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

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-56-408 — AR Code / Title 15 / Chapter 56 / Subchapter 4 / Section 15-56-408
Divestiture of contingent remaindermen's title
Status: in_force

The order of the court fixing the proportionate part of the consideration, rentals, other payments, if any, and royalties reserved in and accruing under the lease allowed to the life tenant and the order confirming the execution of the lease shall operate to work a divestiture of title of the contingent remaindermen, and each of them, in and to the proportionate part of the consideration, rentals, other payments, if any, and the royalties reserved and accruing under the lease allowed to the life tenant, and in and to the leasehold estate insofar as said interest is conveyed by the lease, and to free the respective interests of any limitations, restrictions, or conditions imposed by the original will or deed. Acts 1961, No. 94, § 6; A.S.A. 1947, § 52-220.

The order of the court fixing the proportionate part of the consideration, rentals, other payments, if any, and royalties reserved in and accruing under the lease allowed to the life tenant and the order confirming the execution of the lease shall operate to work a divestiture of title of the contingent remaindermen, and each of them, in and to the proportionate part of the consideration, rentals, other payments, if any, and the royalties reserved and accruing under the lease allowed to the life tenant, and in and to the leasehold estate insofar as said interest is conveyed by the lease, and to free the respective interests of any limitations, restrictions, or conditions imposed by the original will or deed.

Acts 1961, No. 94, § 6; A.S.A. 1947, § 52-220.
Ark. Code Ann. § 15-31-202 — AR Code / Title 15 / Chapter 31 / Subchapter 2 / Section 15-31-202
Authority to designate and estimate trees - Forestry advice
Status: in_force

(a) The Arkansas Forestry Commission is authorized to designate, upon request, forest trees of private forest landowners for sale or removal, by blazing or otherwise, and to measure or estimate the volume of the trees under the terms and conditions as provided in this subchapter. (b) Upon receipt of a request from a forest landowner for technical forestry assistance or service, the State Forester or his or her authorized agent may: (1) Designate forest trees for removal for lumber, veneer, poles, piling, pulpwood, cordwood, ties, or other forest products by blazing, spotting with paint, or otherwise designating them in an approved manner; (2) Measure or estimate the commercial volume contained in the trees designated; (3) Furnish the forest landowner with a statement of the volume of the trees so designated and estimated; and (4) Offer general forestry advice concerning the management of the landowner's forest. Acts 1947, No. 163, §§ 1, 2; A.S.A. 1947, §§ 9-717, 9-718.

(a) The Arkansas Forestry Commission is authorized to designate, upon request, forest trees of private forest landowners for sale or removal, by blazing or otherwise, and to measure or estimate the volume of the trees under the terms and conditions as provided in this subchapter.

(b) Upon receipt of a request from a forest landowner for technical forestry assistance or service, the State Forester or his or her authorized agent may: (1) Designate forest trees for removal for lumber, veneer, poles, piling, pulpwood, cordwood, ties, or other forest products by blazing, spotting with paint, or otherwise designating them in an approved manner; (2) Measure or estimate the commercial volume contained in the trees designated; (3) Furnish the forest landowner with a statement of the volume of the trees so designated and estimated; and (4) Offer general forestry advice concerning the management of the landowner's forest.

(1) Designate forest trees for removal for lumber, veneer, poles, piling, pulpwood, cordwood, ties, or other forest products by blazing, spotting with paint, or otherwise designating them in an approved manner;

(2) Measure or estimate the commercial volume contained in the trees designated;

(3) Furnish the forest landowner with a statement of the volume of the trees so designated and estimated; and

(4) Offer general forestry advice concerning the management of the landowner's forest.

Acts 1947, No. 163, §§ 1, 2; A.S.A. 1947, §§ 9-717, 9-718.
Ark. Code Ann. § 15-3-702 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-702
Legislative findings
Status: in_force

The General Assembly finds that: (1) The federal Small Business Innovation Research Program encourages innovative small businesses to engage in federal research and commercialization that has the potential for technological innovation and commercialization; (2) Stimulating research and commercialization grows the economy by leveraging investment, creating exportable products and services, and creating and retaining high-wage, high-tech jobs in moderately and highly skilled occupations; (3) Arkansas consistently ranks poorly among states in the number of federal Small Business Innovation Research grants awarded; and (4) An inducement, in the form of a matching grants program, is needed to encourage Arkansas businesses to apply for federal Small Business Innovation Research grants and realize economic benefits of commercialized research. Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

The General Assembly finds that:

(1) The federal Small Business Innovation Research Program encourages innovative small businesses to engage in federal research and commercialization that has the potential for technological innovation and commercialization;

(2) Stimulating research and commercialization grows the economy by leveraging investment, creating exportable products and services, and creating and retaining high-wage, high-tech jobs in moderately and highly skilled occupations;

(3) Arkansas consistently ranks poorly among states in the number of federal Small Business Innovation Research grants awarded; and

(4) An inducement, in the form of a matching grants program, is needed to encourage Arkansas businesses to apply for federal Small Business Innovation Research grants and realize economic benefits of commercialized research.

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-58-305 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-305
Interfering with the director or his or her agents - Criminal penalties
Status: in_force

Except as permitted by law, a person who knowingly resists, prevents, impedes, or interferes with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to this chapter upon conviction is guilty of an unclassified misdemeanor and may be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than one (1) year, or by both. Amended by Act 2021, No. 474,§ 4, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3151, eff. 7/1/2019. Acts 1979, No. 134, § 19; 1979, No. 647, § 5; 1981, No. 328, § 1; A.S.A. 1947, § 52-953.

Except as permitted by law, a person who knowingly resists, prevents, impedes, or interferes with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to this chapter upon conviction is guilty of an unclassified misdemeanor and may be punished by a fine of not more than five thousand dollars ($5,000) or by imprisonment for not more than one (1) year, or by both.

Amended by Act 2021, No. 474,§ 4, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3151, eff. 7/1/2019.

Acts 1979, No. 134, § 19; 1979, No. 647, § 5; 1981, No. 328, § 1; A.S.A. 1947, § 52-953.
Ark. Code Ann. § 15-72-208 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-208
Proper confinement of gas by possessor of well
Status: in_force

(a) Any person, copartnership, corporation, owner, lessee, or manager in possession of any well producing natural gas, in order to prevent the gas from wasting by escape shall, within four (4) days after penetrating the gas-bearing sand in any well drilled, shut in and confine the gas in the well until the gas therein shall be utilized for light, fuel, or steam power. (b) (1) It shall be unlawful for any person, firm, or corporation having possession or control of any gas well, whether as contractor, owner, lessee, or manager, to allow or permit the flow of natural gas of any such well to flow into the open air without being confined to such well or pipe or other safe receptacles for a longer period than three (3) days after the gas shall have been struck and produced in that well. (2) If the well cannot be confined within three (3) days, the person controlling the well shall continue with the utmost diligence to confine it as soon as possible. (c) Failure to comply with subsection (b) of this section shall subject the person failing to the penalties and procedure set out in § 15-72-202 (b) . Acts 1917, No. 166, §§ 2, 8, p. 890; C. & M. Dig., §§ 7300, 7306; Pope's Dig., §§ 9356, 9362; A.S.A. 1947, §§ 53-202, 53-208.

(a) Any person, copartnership, corporation, owner, lessee, or manager in possession of any well producing natural gas, in order to prevent the gas from wasting by escape shall, within four (4) days after penetrating the gas-bearing sand in any well drilled, shut in and confine the gas in the well until the gas therein shall be utilized for light, fuel, or steam power.

(b) (1) It shall be unlawful for any person, firm, or corporation having possession or control of any gas well, whether as contractor, owner, lessee, or manager, to allow or permit the flow of natural gas of any such well to flow into the open air without being confined to such well or pipe or other safe receptacles for a longer period than three (3) days after the gas shall have been struck and produced in that well. (2) If the well cannot be confined within three (3) days, the person controlling the well shall continue with the utmost diligence to confine it as soon as possible.

(1) It shall be unlawful for any person, firm, or corporation having possession or control of any gas well, whether as contractor, owner, lessee, or manager, to allow or permit the flow of natural gas of any such well to flow into the open air without being confined to such well or pipe or other safe receptacles for a longer period than three (3) days after the gas shall have been struck and produced in that well.

(2) If the well cannot be confined within three (3) days, the person controlling the well shall continue with the utmost diligence to confine it as soon as possible.

(c) Failure to comply with subsection (b) of this section shall subject the person failing to the penalties and procedure set out in § 15-72-202 (b) .

Acts 1917, No. 166, §§ 2, 8, p. 890; C. & M. Dig., §§ 7300, 7306; Pope's Dig., §§ 9356, 9362; A.S.A. 1947, §§ 53-202, 53-208.
Ark. Code Ann. § 15-4-3013 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3013
Powers of the Arkansas Economic Development Commission
Status: in_force

In addition to powers conferred under other laws, the Arkansas Economic Development Commission may take any action necessary to carry out the purposes of this subchapter, including the power to: (1) Provide loans and grants from bond proceeds or project revenues to local entities and to authorize local entities to make loans to other persons for financing superprojects; (2) Cause the Arkansas Development Finance Authority to purchase with bond proceeds or project revenues, bonds or notes from a local entity in order to provide funds for financing superprojects and to enter into note and bond purchase agreements in connection with those purchases; (3) Fix, regulate, and collect rates, fees, rents, or other charges for making any loan or commitment under this subchapter and for performing accounting and loan servicing duties relating to the loans; (4) Require audits of all accounts related to construction, operation, or maintenance of any superproject funded by this subchapter; (5) Take reasonable actions necessary to ensure that debt service requirements are met; (6) Refinance loans made by the authority from whatever source to local entities in order to develop a superproject; (7) Provide loans from bond proceeds or project revenues to local entities for the purpose of refinancing indebtedness of the local entity incurred for the purpose of financing a superproject; and (8) Take any other action necessary to accomplish the purposes of this subchapter. Acts 2003, No. 1751, § 13.

In addition to powers conferred under other laws, the Arkansas Economic Development Commission may take any action necessary to carry out the purposes of this subchapter, including the power to:

(1) Provide loans and grants from bond proceeds or project revenues to local entities and to authorize local entities to make loans to other persons for financing superprojects;

(2) Cause the Arkansas Development Finance Authority to purchase with bond proceeds or project revenues, bonds or notes from a local entity in order to provide funds for financing superprojects and to enter into note and bond purchase agreements in connection with those purchases;

(3) Fix, regulate, and collect rates, fees, rents, or other charges for making any loan or commitment under this subchapter and for performing accounting and loan servicing duties relating to the loans;

(4) Require audits of all accounts related to construction, operation, or maintenance of any superproject funded by this subchapter;

(5) Take reasonable actions necessary to ensure that debt service requirements are met;

(6) Refinance loans made by the authority from whatever source to local entities in order to develop a superproject;

(7) Provide loans from bond proceeds or project revenues to local entities for the purpose of refinancing indebtedness of the local entity incurred for the purpose of financing a superproject; and

(8) Take any other action necessary to accomplish the purposes of this subchapter.

Acts 2003, No. 1751, § 13.
Ark. Code Ann. § 15-22-1209 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1209
Additional county conservation board members
Status: in_force

(a) Other than the initial members of the Sparta Aquifer critical groundwater county conservation board, members of the Sparta Aquifer critical groundwater county conservation board shall be elected to terms of six (6) years by the qualified electors residing in the respective justice of the peace districts included in the county. (b) (1) Nominations for members of the Sparta Aquifer critical groundwater county conservation board shall be upon petitions signed by at least ten (10) qualified electors residing in the justice of the peace district from which the member is to be elected. (2) The petition shall be filed with the county board of election commissioners at least sixty (60) days prior to the general election. (c) Election of members shall be held as a part of the general election and under the laws governing the general election. (d) Any member shall be qualified to succeed himself or herself. (e) Any member of the Sparta Aquifer critical groundwater county conservation board shall serve until his or her successor is elected and qualified. (f) In the event of an increase or decrease in the number of justice of the peace districts in a county, the circuit court, upon petition signed and filed with the circuit clerk by twenty (20) or more qualified electors residing in the county, shall enter its order making appropriate modifications in the composition of the Sparta Aquifer critical groundwater county conservation board. Acts 1999, No. 1050, § 9.

(a) Other than the initial members of the Sparta Aquifer critical groundwater county conservation board, members of the Sparta Aquifer critical groundwater county conservation board shall be elected to terms of six (6) years by the qualified electors residing in the respective justice of the peace districts included in the county.

(b) (1) Nominations for members of the Sparta Aquifer critical groundwater county conservation board shall be upon petitions signed by at least ten (10) qualified electors residing in the justice of the peace district from which the member is to be elected. (2) The petition shall be filed with the county board of election commissioners at least sixty (60) days prior to the general election.

(1) Nominations for members of the Sparta Aquifer critical groundwater county conservation board shall be upon petitions signed by at least ten (10) qualified electors residing in the justice of the peace district from which the member is to be elected.

(2) The petition shall be filed with the county board of election commissioners at least sixty (60) days prior to the general election.

(c) Election of members shall be held as a part of the general election and under the laws governing the general election.

(d) Any member shall be qualified to succeed himself or herself.

(e) Any member of the Sparta Aquifer critical groundwater county conservation board shall serve until his or her successor is elected and qualified.

(f) In the event of an increase or decrease in the number of justice of the peace districts in a county, the circuit court, upon petition signed and filed with the circuit clerk by twenty (20) or more qualified electors residing in the county, shall enter its order making appropriate modifications in the composition of the Sparta Aquifer critical groundwater county conservation board.

Acts 1999, No. 1050, § 9.
Ark. Code Ann. § 15-4-919 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-919
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 15; A.S.A. 1947, § 67-1615.

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

Acts 1957, No. 567, § 15; A.S.A. 1947, § 67-1615.
Ark. Code Ann. § 15-72-603 — AR Code / Title 15 / Chapter 72 / Subchapter 6 / Section 15-72-603
Public interest and welfare - Authority of commission
Status: in_force

(a) The underground storage of gas, which promotes conservation thereof, which permits the building of reserves for orderly withdrawal in periods of peak demand, which makes more readily available and economical our gas resources to the domestic, commercial, and industrial consumers of this state, and which provides a better year-round market to the various gas fields, contributes to a healthier environment, and promotes the public interest and welfare of this state. (b) Therefore, in the manner hereinafter provided, the Oil and Gas Commission may find and determine that the underground storage of gas as hereinbefore defined is in the public interest. Amended by Act 2023, No. 140,§ 1, eff. 8/1/2023. Acts 1957, No. 82, § 3; A.S.A. 1947, § 53-903.

(a) The underground storage of gas, which promotes conservation thereof, which permits the building of reserves for orderly withdrawal in periods of peak demand, which makes more readily available and economical our gas resources to the domestic, commercial, and industrial consumers of this state, and which provides a better year-round market to the various gas fields, contributes to a healthier environment, and promotes the public interest and welfare of this state.

(b) Therefore, in the manner hereinafter provided, the Oil and Gas Commission may find and determine that the underground storage of gas as hereinbefore defined is in the public interest.

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

Acts 1957, No. 82, § 3; A.S.A. 1947, § 53-903.
Ark. Code Ann. § 15-72-210 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-210
Gas leaks in pipelines, machinery, etc
Status: in_force

(a) It is the duty of any person discovering any leak in any pipeline for the transportation of natural gas, or in any machinery, apparatus, or device used in the regulation, distribution, or transportation thereof immediately to notify the owner of the pipeline or other appliance and also to notify the gas inspector of the leak. (b) It is the duty of the owner of the pipeline or other apparatus from which gas is escaping to immediately repair it. (c) It is the duty of the gas inspector on receiving reliable information of the leak or on personal knowledge thereof immediately to notify the owner of the pipeline or appliance of the leak and to immediately repair it. (d) Should the owner of the pipeline, apparatus, appliance, or device fail to at once repair the leak or use the utmost diligence to do so, he or she shall be subject to the penalty set out in § 15-72-202 (b) . Acts 1917, No. 166, § 7, p. 890; C. & M. Dig., § 7305; Pope's Dig., § 9361; A.S.A. 1947, § 53-207.

(a) It is the duty of any person discovering any leak in any pipeline for the transportation of natural gas, or in any machinery, apparatus, or device used in the regulation, distribution, or transportation thereof immediately to notify the owner of the pipeline or other appliance and also to notify the gas inspector of the leak.

(b) It is the duty of the owner of the pipeline or other apparatus from which gas is escaping to immediately repair it.

(c) It is the duty of the gas inspector on receiving reliable information of the leak or on personal knowledge thereof immediately to notify the owner of the pipeline or appliance of the leak and to immediately repair it.

(d) Should the owner of the pipeline, apparatus, appliance, or device fail to at once repair the leak or use the utmost diligence to do so, he or she shall be subject to the penalty set out in § 15-72-202 (b) .

Acts 1917, No. 166, § 7, p. 890; C. & M. Dig., § 7305; Pope's Dig., § 9361; A.S.A. 1947, § 53-207.
Ark. Code Ann. § 15-5-704 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-704
Duty of authority
Status: in_force

The Arkansas Development Finance Authority, in addition to all the duties and functions defined in the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , is empowered to approve or deny by majority vote of the Board of Directors of the Arkansas Development Finance Authority the applications for direct loans and guaranties of obligations and qualified investments, except that, at the discretion of the board, approvals for loans up to any limit the board shall specify may be approved by the Small Business Loan Committee. The committee shall report all such actions taken at the next meeting of the board. Acts 1989, No. 623, § 4; 1993, No. 183, § 3; 1995, No. 1329, § 4.

The Arkansas Development Finance Authority, in addition to all the duties and functions defined in the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , is empowered to approve or deny by majority vote of the Board of Directors of the Arkansas Development Finance Authority the applications for direct loans and guaranties of obligations and qualified investments, except that, at the discretion of the board, approvals for loans up to any limit the board shall specify may be approved by the Small Business Loan Committee. The committee shall report all such actions taken at the next meeting of the board.

Acts 1989, No. 623, § 4; 1993, No. 183, § 3; 1995, No. 1329, § 4.
Ark. Code Ann. § 15-20-1005 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1005
Nutrient applicator program
Status: in_force

(a) The Arkansas Natural Resources Commission shall develop and implement a nutrient applicator training and certification program to certify the competence and knowledge of a person making nutrient application, including the proper utilization of litter. (b) (1) The applicator certification program is voluntary for nutrient applicators that apply nutrients outside nutrient surplus areas. (2) The commission may not require a nutrient applicator to become certified unless the applicator intends to apply nutrients within nutrient surplus areas or otherwise utilize litter produced within nutrient surplus areas. (c) The commission shall promulgate rules that: (1) Specify the qualifications and standards for a person to be deemed competent in nutrient application and provide for the issuance of documentation of certification to the person; (2) Specify the conditions under which a certification issued may be suspended or revoked; (3) Establish fees to be paid by persons enrolling in the training and certification programs; and (4) Provide for the performance of other duties and the exercise of other powers by the Department of Agriculture as may be necessary to provide for the training and certification of a person making nutrient application. Amended by Act 2019, No. 315,§ 1119, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 67, eff. 7/1/2019. Acts 2003, No. 1059, § 1.

(a) The Arkansas Natural Resources Commission shall develop and implement a nutrient applicator training and certification program to certify the competence and knowledge of a person making nutrient application, including the proper utilization of litter.

(b) (1) The applicator certification program is voluntary for nutrient applicators that apply nutrients outside nutrient surplus areas. (2) The commission may not require a nutrient applicator to become certified unless the applicator intends to apply nutrients within nutrient surplus areas or otherwise utilize litter produced within nutrient surplus areas.

(1) The applicator certification program is voluntary for nutrient applicators that apply nutrients outside nutrient surplus areas.

(2) The commission may not require a nutrient applicator to become certified unless the applicator intends to apply nutrients within nutrient surplus areas or otherwise utilize litter produced within nutrient surplus areas.

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

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

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

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

(4) Provide for the performance of other duties and the exercise of other powers by the Department of Agriculture as may be necessary to provide for the training and certification of a person making nutrient application.

Amended by Act 2019, No. 315,§ 1119, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 67, eff. 7/1/2019.

Acts 2003, No. 1059, § 1.
Ark. Code Ann. § 15-76-324 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-324
Division of Environmental Quality
Status: in_force

(a) Nothing contained in this subchapter shall affect the jurisdiction of the Division of Environmental Quality over owners or producers of brine or the processing and disposal of brine with respect to water or air pollution control or other matters within its jurisdiction or the requirement that owners, producers, and processors apply for and obtain a permit from the division as provided by the Arkansas Water and Air Pollution Control Act, as amended, § 8-4-101 et seq. (b) Nothing contained in this subchapter confers upon the Arkansas Pollution Control and Ecology Commission any authority or jurisdiction conferred by law upon the division or shall be deemed to amend the Arkansas Water and Air Pollution Control Act, as amended, § 8-4-101 et seq. Amended by Act 2019, No. 910,§ 3183, eff. 7/1/2019. Acts 1979, No. 937, § 21; A.S.A. 1947, § 53-1320; Acts 1999, No. 1164, § 155.

(a) Nothing contained in this subchapter shall affect the jurisdiction of the Division of Environmental Quality over owners or producers of brine or the processing and disposal of brine with respect to water or air pollution control or other matters within its jurisdiction or the requirement that owners, producers, and processors apply for and obtain a permit from the division as provided by the Arkansas Water and Air Pollution Control Act, as amended, § 8-4-101 et seq.

(b) Nothing contained in this subchapter confers upon the Arkansas Pollution Control and Ecology Commission any authority or jurisdiction conferred by law upon the division or shall be deemed to amend the Arkansas Water and Air Pollution Control Act, as amended, § 8-4-101 et seq.

Amended by Act 2019, No. 910,§ 3183, eff. 7/1/2019.

Acts 1979, No. 937, § 21; A.S.A. 1947, § 53-1320; Acts 1999, No. 1164, § 155.
Ark. Code Ann. § 15-4-705 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-705
Trust indenture
Status: in_force

(a) The resolution authorizing the issuance of bonds may provide for the execution of a trust indenture by the Arkansas Economic Development Council with a bank or trust company within or without the State of Arkansas. (b) The trust indenture may contain any terms, covenants, and conditions that are deemed desirable by the council, including without limitation, those pertaining to the maintenance of various funds and reserves, the nature and extent of the security, the custody and application of the proceeds of the bonds, the collection and disposition of revenues, and the rights, duties, and obligations of the council and of the holders and registered owners of the bonds. Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567.

(a) The resolution authorizing the issuance of bonds may provide for the execution of a trust indenture by the Arkansas Economic Development Council with a bank or trust company within or without the State of Arkansas.

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

Acts 1969, No. 397, § 1; A.S.A. 1947, § 9-567.
Ark. Code Ann. § 15-73-401 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-401
Partition when entire leasehold is unleased and nonproducing
Status: in_force

Whenever any land in fee, the oil and gas in, on, and under such lands, situated in the State of Arkansas, shall be owned by two (2) or more persons, firms, or corporations in joint tenancy, in common or in coparcenary, and there shall be no actual production therefrom of oil and gas, and no outstanding oil and gas lease thereon covering the entire leasehold estate, any one (1) or more of the owners of the land in fee, and of the oil and gas interest on and in such land, may have a sale and partition of the entire oil and gas leasehold interest therein and thereon, in the manner hereinafter provided. Acts 1935, No. 15, § 1; Pope's Dig., § 10549; A.S.A. 1947, § 53-401.

Whenever any land in fee, the oil and gas in, on, and under such lands, situated in the State of Arkansas, shall be owned by two (2) or more persons, firms, or corporations in joint tenancy, in common or in coparcenary, and there shall be no actual production therefrom of oil and gas, and no outstanding oil and gas lease thereon covering the entire leasehold estate, any one (1) or more of the owners of the land in fee, and of the oil and gas interest on and in such land, may have a sale and partition of the entire oil and gas leasehold interest therein and thereon, in the manner hereinafter provided.

Acts 1935, No. 15, § 1; Pope's Dig., § 10549; A.S.A. 1947, § 53-401.
Ark. Code Ann. § 15-4-3217 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3217
Refunding bonds
Status: in_force

(a) After bonds have been issued under Arkansas Constitution, Amendment 82, and this subchapter, the Arkansas Development Finance Authority may issue bonds for the purpose of refunding any outstanding bonds issued under Arkansas Constitution, Amendment 82, and this subchapter. (b) The refunding bonds shall be general obligations of the state and shall be secured and sold in accordance with the provisions of this subchapter. (c) The proceeds of the refunding bonds either may be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded as shall be specified by the authority in the resolution or trust indenture authorizing or securing the refunding bonds. (d) The resolution or trust indenture under which the refunding bonds are issued may provide that any refunding bonds shall have the same security for payment as provided for the bonds being refunded. Other than approval of the resolution or trust indenture under which refunding bonds are issued by appropriate action of the authority, no additional action or approval for the issuance of refunding bonds shall be required to be taken by the General Assembly, the Arkansas Economic Development Commission, or the Chief Fiscal Officer of the State under this subchapter or as otherwise may be provided by other law. Acts 2005, No. 1981, § 1.

(a) After bonds have been issued under Arkansas Constitution, Amendment 82, and this subchapter, the Arkansas Development Finance Authority may issue bonds for the purpose of refunding any outstanding bonds issued under Arkansas Constitution, Amendment 82, and this subchapter.

(b) The refunding bonds shall be general obligations of the state and shall be secured and sold in accordance with the provisions of this subchapter.

(c) The proceeds of the refunding bonds either may be applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement of the bonds being refunded as shall be specified by the authority in the resolution or trust indenture authorizing or securing the refunding bonds.

(d) The resolution or trust indenture under which the refunding bonds are issued may provide that any refunding bonds shall have the same security for payment as provided for the bonds being refunded. Other than approval of the resolution or trust indenture under which refunding bonds are issued by appropriate action of the authority, no additional action or approval for the issuance of refunding bonds shall be required to be taken by the General Assembly, the Arkansas Economic Development Commission, or the Chief Fiscal Officer of the State under this subchapter or as otherwise may be provided by other law.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-5-411 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-411
Grants to fund
Status: in_force

The Arkansas Development Finance Authority is authorized to accept grants to its Bond Guaranty Reserve Account from any state or federal agencies, municipalities, corporations, foundations, individual donees, or authorities, specifically including, but not limited to, allocations from the Treasurer of State as hereinafter provided. Amended by Act 2013, No. 1149,§ 3, eff. 8/16/2013. Acts 1985, No. 340, § 8; 1985, No. 505, § 8; A.S.A. 1947, § 13-2931.

The Arkansas Development Finance Authority is authorized to accept grants to its Bond Guaranty Reserve Account from any state or federal agencies, municipalities, corporations, foundations, individual donees, or authorities, specifically including, but not limited to, allocations from the Treasurer of State as hereinafter provided.

Amended by Act 2013, No. 1149,§ 3, eff. 8/16/2013.

Acts 1985, No. 340, § 8; 1985, No. 505, § 8; A.S.A. 1947, § 13-2931.
Ark. Code Ann. § 15-5-1305 — AR Code / Title 15 / Chapter 5 / Subchapter 13 / Section 15-5-1305
Rules
Status: in_force

The Secretary of the Department of Finance and Administration and the Arkansas Development Finance Authority shall promulgate rules necessary to administer the provisions of this subchapter. No rule or portion of a rule promulgated under the authority of this subchapter shall become effective until it has been approved by the secretary in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2019, No. 315,§ 1088, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3404, eff. 7/1/2019. Acts 1997, No. 1331, § 5.

The Secretary of the Department of Finance and Administration and the Arkansas Development Finance Authority shall promulgate rules necessary to administer the provisions of this subchapter. No rule or portion of a rule promulgated under the authority of this subchapter shall become effective until it has been approved by the secretary in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2019, No. 315,§ 1088, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3404, eff. 7/1/2019.

Acts 1997, No. 1331, § 5.
Ark. Code Ann. § 15-4-1405 — AR Code / Title 15 / Chapter 4 / Subchapter 14 / Section 15-4-1405
Annual report
Status: in_force

(a) The Center for Prototype Development and Emerging Technologies shall submit an annual report based on the fiscal year on or before December 31 of each year to the Governor and shall file an electronic copy of the report with the Legislative Council to be reviewed by the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs. (b) The report shall include, but not be limited to: (1) The number of proposals submitted for review and evaluation; (2) The number of proposals accepted for development and the number rejected; (3) The number of products patented; (4) The number of products developed to the commercial state; (5) The number of jobs created and preserved as a result of the manufacturing, marketing, packaging, warehousing, and distribution of products; and (6) An estimate of the multiplier effect on the Arkansas economy as a result of jobs so created and preserved. Amended by Act 2013, No. 501,§ 1, eff. 8/16/2013. Acts 1991, No. 707, § 7; 1997, No. 324, § 2.

(a) The Center for Prototype Development and Emerging Technologies shall submit an annual report based on the fiscal year on or before December 31 of each year to the Governor and shall file an electronic copy of the report with the Legislative Council to be reviewed by the House Committee on State Agencies and Governmental Affairs and the Senate Committee on State Agencies and Governmental Affairs.

(b) The report shall include, but not be limited to: (1) The number of proposals submitted for review and evaluation; (2) The number of proposals accepted for development and the number rejected; (3) The number of products patented; (4) The number of products developed to the commercial state; (5) The number of jobs created and preserved as a result of the manufacturing, marketing, packaging, warehousing, and distribution of products; and (6) An estimate of the multiplier effect on the Arkansas economy as a result of jobs so created and preserved.

(1) The number of proposals submitted for review and evaluation;

(2) The number of proposals accepted for development and the number rejected;

(3) The number of products patented;

(4) The number of products developed to the commercial state;

(5) The number of jobs created and preserved as a result of the manufacturing, marketing, packaging, warehousing, and distribution of products; and

(6) An estimate of the multiplier effect on the Arkansas economy as a result of jobs so created and preserved.

Amended by Act 2013, No. 501,§ 1, eff. 8/16/2013.

Acts 1991, No. 707, § 7; 1997, No. 324, § 2.
Ark. Code Ann. § 15-20-1405 — AR Code / Title 15 / Chapter 20 / Subchapter 14 / Section 15-20-1405
Application procedure - Administration
Status: in_force

(a) The Arkansas Natural Resources Commission shall promulgate rules necessary to administer the cost-share program under this subchapter. (b) (1) The commission may charge a reasonable application fee to process an application for the payment of cost-share incentive funds under this subchapter. (2) All fees received under subdivision (b)(1) of this section shall be deposited into the Arkansas Water Development Fund. Acts 2011, No. 333, § 1.

(a) The Arkansas Natural Resources Commission shall promulgate rules necessary to administer the cost-share program under this subchapter.

(b) (1) The commission may charge a reasonable application fee to process an application for the payment of cost-share incentive funds under this subchapter. (2) All fees received under subdivision (b)(1) of this section shall be deposited into the Arkansas Water Development Fund.

(1) The commission may charge a reasonable application fee to process an application for the payment of cost-share incentive funds under this subchapter.

(2) All fees received under subdivision (b)(1) of this section shall be deposited into the Arkansas Water Development Fund.

Acts 2011, No. 333, § 1.
Ark. Code Ann. § 15-3-703 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-703
Definitions
Status: in_force

As used in this subchapter: (1) "Eligible business" means a for-profit business that: (A) Is registered as a business entity in good standing with the Secretary of State; and (B) Has its principal place of business in Arkansas; (2) "Matching grant" means a discretionary grant of up to fifty percent (50%) of the amount of a federal Small Business Innovation Research grant for each approved matching grant application; (3) "Principal investigator/project manager" means the primary individual designated by an eligible business to provide the scientific and technical direction to a project supported by a matching grant; and (4) "Small Business Innovation Research Program" means the federal program administered by the United States Small Business Administration according to regulations adopted pursuant to 15 U.S.C. § 638 , as it existed on October 1, 2016, which provides funds for Phase I and Phase II Small Business Innovation Research grants through participating federal agencies. Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

As used in this subchapter:

(1) "Eligible business" means a for-profit business that: (A) Is registered as a business entity in good standing with the Secretary of State; and (B) Has its principal place of business in Arkansas;

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

(B) Has its principal place of business in Arkansas;

(2) "Matching grant" means a discretionary grant of up to fifty percent (50%) of the amount of a federal Small Business Innovation Research grant for each approved matching grant application;

(3) "Principal investigator/project manager" means the primary individual designated by an eligible business to provide the scientific and technical direction to a project supported by a matching grant; and

(4) "Small Business Innovation Research Program" means the federal program administered by the United States Small Business Administration according to regulations adopted pursuant to 15 U.S.C. § 638 , as it existed on October 1, 2016, which provides funds for Phase I and Phase II Small Business Innovation Research grants through participating federal agencies.

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-3-103 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-103
Establishment of the division
Status: in_force

There is established for the State of Arkansas the Division of Science and Technology of the Arkansas Economic Development Commission, which shall have the powers, functions, and duties, as provided in this subchapter, to be the instrumentality of this state to exert leadership in and to give direction to a broad spectrum of programs and services designed to gain for this state and its people the benefits and opportunities to be realized through advanced science and technology. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 1; 1985, No. 409, § 1; A.S.A. 1947, § 6-1601.

There is established for the State of Arkansas the Division of Science and Technology of the Arkansas Economic Development Commission, which shall have the powers, functions, and duties, as provided in this subchapter, to be the instrumentality of this state to exert leadership in and to give direction to a broad spectrum of programs and services designed to gain for this state and its people the benefits and opportunities to be realized through advanced science and technology.

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

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

Acts 1983, No. 859, § 1; 1985, No. 409, § 1; A.S.A. 1947, § 6-1601.
Ark. Code Ann. § 15-4-1213 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1213
Management of company
Status: in_force

(a) (1) Only the holders of common stock, through the board of directors, shall manage the affairs of a corporation. (2) Only holders of units of interest in a limited liability company shall manage the affairs of a limited liability company. (3) Each holder of common stock or each holder of a unit of interest in the limited liability company shall be entitled to one (1) vote, in person or by proxy, for each share of common stock or each unit of interest held by him or her and, in voting for the directors or management committee of the company, shall be entitled to exercise the right of cumulative voting. (b) (1) (A) In the event of the transfer of shares of common stock or units of interest, whether by act of the holder or by operation of law, the name or names of the proposed transferees shall be submitted to the directors of the corporation or to the management committee of the limited liability company and the directors or the management committee may refuse to approve the transfer, in which event the company shall have the option to purchase the shares of common stock or the units of interest at par or stated value. (B) Shares of common stock or units of interest so purchased shall be cancelled, and shares or units in lieu thereof may be reissued and sold by the company. (2) In the event that the directors or the management committee do not purchase the shares of common stock or the units of interest subject to transfer, the shares of common stock or the units of interest then may be transferred without the approval of the directors or the management committee. Acts 1991, No. 1029, § 11; 1999, No. 37, § 12.

(a) (1) Only the holders of common stock, through the board of directors, shall manage the affairs of a corporation. (2) Only holders of units of interest in a limited liability company shall manage the affairs of a limited liability company. (3) Each holder of common stock or each holder of a unit of interest in the limited liability company shall be entitled to one (1) vote, in person or by proxy, for each share of common stock or each unit of interest held by him or her and, in voting for the directors or management committee of the company, shall be entitled to exercise the right of cumulative voting.

(1) Only the holders of common stock, through the board of directors, shall manage the affairs of a corporation.

(2) Only holders of units of interest in a limited liability company shall manage the affairs of a limited liability company.

(3) Each holder of common stock or each holder of a unit of interest in the limited liability company shall be entitled to one (1) vote, in person or by proxy, for each share of common stock or each unit of interest held by him or her and, in voting for the directors or management committee of the company, shall be entitled to exercise the right of cumulative voting.

(b) (1) (A) In the event of the transfer of shares of common stock or units of interest, whether by act of the holder or by operation of law, the name or names of the proposed transferees shall be submitted to the directors of the corporation or to the management committee of the limited liability company and the directors or the management committee may refuse to approve the transfer, in which event the company shall have the option to purchase the shares of common stock or the units of interest at par or stated value. (B) Shares of common stock or units of interest so purchased shall be cancelled, and shares or units in lieu thereof may be reissued and sold by the company. (2) In the event that the directors or the management committee do not purchase the shares of common stock or the units of interest subject to transfer, the shares of common stock or the units of interest then may be transferred without the approval of the directors or the management committee.

(1) (A) In the event of the transfer of shares of common stock or units of interest, whether by act of the holder or by operation of law, the name or names of the proposed transferees shall be submitted to the directors of the corporation or to the management committee of the limited liability company and the directors or the management committee may refuse to approve the transfer, in which event the company shall have the option to purchase the shares of common stock or the units of interest at par or stated value. (B) Shares of common stock or units of interest so purchased shall be cancelled, and shares or units in lieu thereof may be reissued and sold by the company.

(A) In the event of the transfer of shares of common stock or units of interest, whether by act of the holder or by operation of law, the name or names of the proposed transferees shall be submitted to the directors of the corporation or to the management committee of the limited liability company and the directors or the management committee may refuse to approve the transfer, in which event the company shall have the option to purchase the shares of common stock or the units of interest at par or stated value.

(B) Shares of common stock or units of interest so purchased shall be cancelled, and shares or units in lieu thereof may be reissued and sold by the company.

(2) In the event that the directors or the management committee do not purchase the shares of common stock or the units of interest subject to transfer, the shares of common stock or the units of interest then may be transferred without the approval of the directors or the management committee.

Acts 1991, No. 1029, § 11; 1999, No. 37, § 12.
Ark. Code Ann. § 15-4-409 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-409
Authorizing resolution and trust indenture
Status: in_force

(a) Before revenue bonds shall be issued, the Arkansas Economic Development Council shall adopt an authorizing resolution and trust indenture which, together with this subchapter, shall constitute a contract between the council and the holders and registered owners of the bonds. (b) The contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and conditions of the contracts, and the covenants, agreements, and obligations of the Arkansas Economic Development Commission shall be enforced by mandamus or other appropriate proceedings at law or in equity. Acts 1985, No. 869, § 6; A.S.A. 1947, § 9-574.

(a) Before revenue bonds shall be issued, the Arkansas Economic Development Council shall adopt an authorizing resolution and trust indenture which, together with this subchapter, shall constitute a contract between the council and the holders and registered owners of the bonds.

(b) The contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and conditions of the contracts, and the covenants, agreements, and obligations of the Arkansas Economic Development Commission shall be enforced by mandamus or other appropriate proceedings at law or in equity.

Acts 1985, No. 869, § 6; A.S.A. 1947, § 9-574.
Ark. Code Ann. § 15-22-609 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-609
Bonds - Form
Status: in_force

Bonds may be issued in the form of coupon bonds, payable to bearer, or as bonds registered as to principal only with interest coupons, or as bonds registered as to both principal and interest without coupons; may be in such denominations; may be made exchangeable for bonds of another form or denomination, bearing the same rate of interest and date of maturity; principal and interest may be made payable at such places within or without the state; may be made subject to redemption prior to maturity in such manner and for such redemption prices; and may contain such other terms and conditions, all as the Arkansas Natural Resources Commission shall determine. Acts 1981, No. 496, § 4; A.S.A. 1947, § 21-2304.

Bonds may be issued in the form of coupon bonds, payable to bearer, or as bonds registered as to principal only with interest coupons, or as bonds registered as to both principal and interest without coupons; may be in such denominations; may be made exchangeable for bonds of another form or denomination, bearing the same rate of interest and date of maturity; principal and interest may be made payable at such places within or without the state; may be made subject to redemption prior to maturity in such manner and for such redemption prices; and may contain such other terms and conditions, all as the Arkansas Natural Resources Commission shall determine.

Acts 1981, No. 496, § 4; A.S.A. 1947, § 21-2304.
Ark. Code Ann. § 15-45-304 — AR Code / Title 15 / Chapter 45 / Subchapter 3 / Section 15-45-304
Purchase of land
Status: in_force

(a) When the purchase of lands by state agencies is considered as an appropriate strategy for the protection of certain nongame species, the lands considered shall be restricted to: (1) Natural communities, both terrestrial and aquatic, that exhibit the highest degree of integrity and least evidence of disturbance; and (2) Habitats of Arkansas' rarest and most severely endangered or threatened native organisms. (b) Decisions for land purchase under this program will take into account the availability and preservation status of all Arkansas lands known to represent whatever particular value may be under consideration. In accordance with the same system of priorities, funds from this source may be used for restoring and protecting natural communities, both terrestrial and aquatic, and populations of rare, endangered, or threatened native organisms. Acts 1983, No. 475, § 3; A.S.A. 1947, § 47-902.

(a) When the purchase of lands by state agencies is considered as an appropriate strategy for the protection of certain nongame species, the lands considered shall be restricted to: (1) Natural communities, both terrestrial and aquatic, that exhibit the highest degree of integrity and least evidence of disturbance; and (2) Habitats of Arkansas' rarest and most severely endangered or threatened native organisms.

(1) Natural communities, both terrestrial and aquatic, that exhibit the highest degree of integrity and least evidence of disturbance; and

(2) Habitats of Arkansas' rarest and most severely endangered or threatened native organisms.

(b) Decisions for land purchase under this program will take into account the availability and preservation status of all Arkansas lands known to represent whatever particular value may be under consideration. In accordance with the same system of priorities, funds from this source may be used for restoring and protecting natural communities, both terrestrial and aquatic, and populations of rare, endangered, or threatened native organisms.

Acts 1983, No. 475, § 3; A.S.A. 1947, § 47-902.
Ark. Code Ann. § 15-41-102 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-102
Expenses - Special allowance
Status: in_force

(a) The Director of the Arkansas State Game and Fish Commission, at the discretion of the Arkansas State Game and Fish Commission, may be reimbursed actual costs for travel expenses incurred while performing official commission duties. (b) Due to his or her exacting and special duties, the Director of the Arkansas State Game and Fish Commission is hereby authorized an expense allowance of four hundred dollars ($400) per month upon approval of the Arkansas State Game and Fish Commission. Acts 1979, No. 630, § 6; 1981, No. 635, § 6; A.S.A. 1947, § 47-103.1; Acts 1989 (1st Ex. Sess.), No. 156, § 7; 1993, No. 799, § 8.

(a) The Director of the Arkansas State Game and Fish Commission, at the discretion of the Arkansas State Game and Fish Commission, may be reimbursed actual costs for travel expenses incurred while performing official commission duties.

(b) Due to his or her exacting and special duties, the Director of the Arkansas State Game and Fish Commission is hereby authorized an expense allowance of four hundred dollars ($400) per month upon approval of the Arkansas State Game and Fish Commission.

Acts 1979, No. 630, § 6; 1981, No. 635, § 6; A.S.A. 1947, § 47-103.1; Acts 1989 (1st Ex. Sess.), No. 156, § 7; 1993, No. 799, § 8.
Ark. Code Ann. § 15-4-1025 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1025
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 25; A.S.A. 1947, § 67-1651; Acts 2003, No. 860, § 8.

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

Acts 1985, No. 410, § 25; A.S.A. 1947, § 67-1651; Acts 2003, No. 860, § 8.
Ark. Code Ann. § 15-5-410 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-410
No private right against authority under sections 15-5-408 and 15-5-409
Status: in_force

No provision of §§ 15-5-408 and 15-5-409 shall be interpreted to create any private right against any member of the Arkansas Development Finance Authority or any member of the staff thereof. Acts 1985, No. 340, § 7; 1985, No. 505, § 7; A.S.A. 1947, § 13-2930.

No provision of §§ 15-5-408 and 15-5-409 shall be interpreted to create any private right against any member of the Arkansas Development Finance Authority or any member of the staff thereof.

Acts 1985, No. 340, § 7; 1985, No. 505, § 7; A.S.A. 1947, § 13-2930.
Ark. Code Ann. § 15-20-1322 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1322
Cases involving bonds
Status: in_force

A 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 shall be taken within thirty (30) days after rendition of the judgment or decree. Acts 2007, No. 631, § 1.

A 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 shall be taken within thirty (30) days after rendition of the judgment or decree.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-22-1011 — AR Code / Title 15 / Chapter 22 / Subchapter 10 / Section 15-22-1011
Sources of funds
Status: in_force

The following moneys shall be paid into the Arkansas Water Development Fund and used for purposes contained in this subchapter: (1) Moneys received from the sale of mitigation bank credits; (2) Any moneys appropriated for that purpose by the General Assembly; (3) Moneys obtained by gift, bequest, donation, or grant from any public or private source for the purposes of carrying out the intent of this subchapter; (4) Moneys obtained from state financial assistance programs for the purpose of carrying out the intent of this subchapter; and (5) Moneys obtained from interest or other earnings from investments of moneys set aside for carrying out the purposes of this subchapter. Acts 1995, No. 562, § 11.

The following moneys shall be paid into the Arkansas Water Development Fund and used for purposes contained in this subchapter:

(1) Moneys received from the sale of mitigation bank credits;

(2) Any moneys appropriated for that purpose by the General Assembly;

(3) Moneys obtained by gift, bequest, donation, or grant from any public or private source for the purposes of carrying out the intent of this subchapter;

(4) Moneys obtained from state financial assistance programs for the purpose of carrying out the intent of this subchapter; and

(5) Moneys obtained from interest or other earnings from investments of moneys set aside for carrying out the purposes of this subchapter.

Acts 1995, No. 562, § 11.
Ark. Code Ann. § 15-4-3218 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3218
Contractual obligations of state - Enforcement
Status: in_force

(a) This subchapter shall constitute a contract between the state and the registered owners of all bonds issued under Arkansas Constitution, Amendment 82, and this subchapter that shall never be impaired, and any violation of its terms, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or any taxpayer. (b) (1) In any suit for impairment or violation of contract with regard to bonds issued under Arkansas Constitution, Amendment 82, and this subchapter brought against the Arkansas Development Finance Authority, the Treasurer of State, or other appropriate agency, officer, or official of the state, the courts shall prevent a diversion of any revenues pledged and shall compel the restoration of diverted revenues by injunction or mandamus. (2) Without limitation as to any other appropriate remedy at law or in equity, any bondholder, by an appropriate action, including, without limitation, injunction or mandamus, may compel the performance under this subchapter of all covenants and obligations of the state and its officers and officials. Acts 2005, No. 1981, § 1.

(a) This subchapter shall constitute a contract between the state and the registered owners of all bonds issued under Arkansas Constitution, Amendment 82, and this subchapter that shall never be impaired, and any violation of its terms, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or any taxpayer.

(b) (1) In any suit for impairment or violation of contract with regard to bonds issued under Arkansas Constitution, Amendment 82, and this subchapter brought against the Arkansas Development Finance Authority, the Treasurer of State, or other appropriate agency, officer, or official of the state, the courts shall prevent a diversion of any revenues pledged and shall compel the restoration of diverted revenues by injunction or mandamus. (2) Without limitation as to any other appropriate remedy at law or in equity, any bondholder, by an appropriate action, including, without limitation, injunction or mandamus, may compel the performance under this subchapter of all covenants and obligations of the state and its officers and officials.

(1) In any suit for impairment or violation of contract with regard to bonds issued under Arkansas Constitution, Amendment 82, and this subchapter brought against the Arkansas Development Finance Authority, the Treasurer of State, or other appropriate agency, officer, or official of the state, the courts shall prevent a diversion of any revenues pledged and shall compel the restoration of diverted revenues by injunction or mandamus.

(2) Without limitation as to any other appropriate remedy at law or in equity, any bondholder, by an appropriate action, including, without limitation, injunction or mandamus, may compel the performance under this subchapter of all covenants and obligations of the state and its officers and officials.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-72-201 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-201
Definitions
Status: in_force

As used in this act, unless the context otherwise requires: (1) "Operator" means the person who has the right to enter upon the lands of another for the purpose of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons; (2) "Person" means any natural person, corporation, association, partnership, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; and (3) "Surface owner" means the owner or owners of record of the surface of the property on which the drilling operation is to occur. Acts 1983, No. 902, § 1; A.S.A. 1947, § 53-216.

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

(1) "Operator" means the person who has the right to enter upon the lands of another for the purpose of exploring, drilling, and developing for the production of brine, oil, gas, and all other petroleum hydrocarbons;

(2) "Person" means any natural person, corporation, association, partnership, trustee, guardian, executor, administrator, fiduciary, or representative of any kind; and

(3) "Surface owner" means the owner or owners of record of the surface of the property on which the drilling operation is to occur.

Acts 1983, No. 902, § 1; A.S.A. 1947, § 53-216.
Ark. Code Ann. § 15-20-319 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-319
Deposit of moneys
Status: in_force

Any moneys collected under § 15-20-317 shall be deposited into a bank account created specifically for the continuing operation of the natural heritage data system developed by the Nature Conservancy. Amended by Act 2017, No. 374,§ 27, eff. 8/1/2017. Acts 1981, No. 674, § 2; A.S.A. 1947, § 9-1418.

Any moneys collected under § 15-20-317 shall be deposited into a bank account created specifically for the continuing operation of the natural heritage data system developed by the Nature Conservancy.

Amended by Act 2017, No. 374,§ 27, eff. 8/1/2017.

Acts 1981, No. 674, § 2; A.S.A. 1947, § 9-1418.
Ark. Code Ann. § 15-55-209 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-209
Notice to agencies of location and extent of state minerals
Status: in_force

From time to time, the Office of the State Geologist shall bring to the attention of the appropriate federal agencies, state and local industrial development agencies, and industrial interests the location and extent of minerals in the state which may be of value to, and beneficial in, any programs of national defense or the development of industry. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1963, No. 16, § 13; A.S.A. 1947, § 9-400.12.

From time to time, the Office of the State Geologist shall bring to the attention of the appropriate federal agencies, state and local industrial development agencies, and industrial interests the location and extent of minerals in the state which may be of value to, and beneficial in, any programs of national defense or the development of industry.

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

Acts 1963, No. 16, § 13; A.S.A. 1947, § 9-400.12.
Ark. Code Ann. § 15-58-209 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-209
Adjudicatory hearing - Application for review
Status: in_force

(a) A permittee or any person having an interest which is, or may be, adversely affected by the following may apply to the Arkansas Pollution Control and Ecology Commission for an adjudicatory review of the specified determination, request, notice, order, or decision: (1) A final determination regarding the amount of a lien imposed upon land reclaimed pursuant to § 15-58-404 ; (2) A final determination to issue or deny an initial or revised permit or renewal thereof, or to amend or vary the terms of a permit pursuant to § 15-58-207 , § 15-58-208 , or §§ 15-58-502 - 15-58-508 if a legislative public hearing was held; (3) A request by an operator for reduction or release of performance bond pursuant to § 15-58-509 ; (4) Any notice of violation, cessation order, or order to show cause issued pursuant to §§ 15-58-301 - 15-58-303 ; (5) The assessment of a civil penalty pursuant to § 15-58-307 ; (6) Any other final order or decision of the commission, the Director of the Division of Environmental Quality, or their authorized representatives for which review is not otherwise provided in this chapter; or (7) By any modification, vacation, or termination of the determination, request, notice, order, or decision. (b) Application for review must be made within thirty (30) days of official notification of the action taken in subsection (a) of this section or within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal mine site hearing provided in § 15-58-301(c) and § 15-58-302 as determined in rules issued by the commission. Amended by Act 2019, No. 315,§ 1191, eff. 7/24/2019. Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.

(a) A permittee or any person having an interest which is, or may be, adversely affected by the following may apply to the Arkansas Pollution Control and Ecology Commission for an adjudicatory review of the specified determination, request, notice, order, or decision: (1) A final determination regarding the amount of a lien imposed upon land reclaimed pursuant to § 15-58-404 ; (2) A final determination to issue or deny an initial or revised permit or renewal thereof, or to amend or vary the terms of a permit pursuant to § 15-58-207 , § 15-58-208 , or §§ 15-58-502 - 15-58-508 if a legislative public hearing was held; (3) A request by an operator for reduction or release of performance bond pursuant to § 15-58-509 ; (4) Any notice of violation, cessation order, or order to show cause issued pursuant to §§ 15-58-301 - 15-58-303 ; (5) The assessment of a civil penalty pursuant to § 15-58-307 ; (6) Any other final order or decision of the commission, the Director of the Division of Environmental Quality, or their authorized representatives for which review is not otherwise provided in this chapter; or (7) By any modification, vacation, or termination of the determination, request, notice, order, or decision.

(1) A final determination regarding the amount of a lien imposed upon land reclaimed pursuant to § 15-58-404 ;

(2) A final determination to issue or deny an initial or revised permit or renewal thereof, or to amend or vary the terms of a permit pursuant to § 15-58-207 , § 15-58-208 , or §§ 15-58-502 - 15-58-508 if a legislative public hearing was held;

(3) A request by an operator for reduction or release of performance bond pursuant to § 15-58-509 ;

(4) Any notice of violation, cessation order, or order to show cause issued pursuant to §§ 15-58-301 - 15-58-303 ;

(5) The assessment of a civil penalty pursuant to § 15-58-307 ;

(6) Any other final order or decision of the commission, the Director of the Division of Environmental Quality, or their authorized representatives for which review is not otherwise provided in this chapter; or

(7) By any modification, vacation, or termination of the determination, request, notice, order, or decision.

(b) Application for review must be made within thirty (30) days of official notification of the action taken in subsection (a) of this section or within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal mine site hearing provided in § 15-58-301(c) and § 15-58-302 as determined in rules issued by the commission.

Amended by Act 2019, No. 315,§ 1191, eff. 7/24/2019.

Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.
Ark. Code Ann. § 15-11-407 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-407
Federal funds
Status: in_force

(a) The State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism is authorized to accept gifts, grants, or donations from the United States Government or agencies thereof, and some private individuals, foundations, or concerns to be used in furtherance of the purposes of this subchapter. (b) (1) The commission shall annually review the amount of funds appropriated by the General Assembly and other funds that may be available therefor. (2) (A) The commission shall apportion the funds at the beginning of each fiscal year on an equal basis to the various participating regional tourist promotion agencies or associations recognized by the commission. (B) However, each natural planning region shall be eligible for at least one thousand dollars ($1,000) annually but shall not be eligible for more than twenty percent (20%) of the appropriation made to the commission for the purposes set forth in this subchapter. Amended by Act 2019, No. 910,§ 5643, eff. 7/1/2019. Acts 1969, No. 310, § 5; 1973, No. 336, § 2; A.S.A. 1947, § 9-225.

(a) The State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism is authorized to accept gifts, grants, or donations from the United States Government or agencies thereof, and some private individuals, foundations, or concerns to be used in furtherance of the purposes of this subchapter.

(b) (1) The commission shall annually review the amount of funds appropriated by the General Assembly and other funds that may be available therefor. (2) (A) The commission shall apportion the funds at the beginning of each fiscal year on an equal basis to the various participating regional tourist promotion agencies or associations recognized by the commission. (B) However, each natural planning region shall be eligible for at least one thousand dollars ($1,000) annually but shall not be eligible for more than twenty percent (20%) of the appropriation made to the commission for the purposes set forth in this subchapter.

(1) The commission shall annually review the amount of funds appropriated by the General Assembly and other funds that may be available therefor.

(2) (A) The commission shall apportion the funds at the beginning of each fiscal year on an equal basis to the various participating regional tourist promotion agencies or associations recognized by the commission. (B) However, each natural planning region shall be eligible for at least one thousand dollars ($1,000) annually but shall not be eligible for more than twenty percent (20%) of the appropriation made to the commission for the purposes set forth in this subchapter.

(A) The commission shall apportion the funds at the beginning of each fiscal year on an equal basis to the various participating regional tourist promotion agencies or associations recognized by the commission.

(B) However, each natural planning region shall be eligible for at least one thousand dollars ($1,000) annually but shall not be eligible for more than twenty percent (20%) of the appropriation made to the commission for the purposes set forth in this subchapter.

Amended by Act 2019, No. 910,§ 5643, eff. 7/1/2019.

Acts 1969, No. 310, § 5; 1973, No. 336, § 2; A.S.A. 1947, § 9-225.
Ark. Code Ann. § 15-73-204 — AR Code / Title 15 / Chapter 73 / Subchapter 2 / Section 15-73-204
Notice to lessee to release forfeited lease - Damages for failure to release
Status: in_force

Any owner of lands upon which a lease for the development of oil or gas or other minerals has been given and the lessee forfeits his or her rights at any time to further prospect for such minerals upon the lands by reason of a failure to pay periodical rentals or failure to perform other conditions that nullify the lease as to lessee's rights therein may give written notice, served in the manner of a legal summons upon the lessee, demanding that the lessee execute and place on record a release which in effect will remove any cloud existing upon the title of the lands as provided in § 15-73-203 . Upon failure of the lessee to comply with the notice, he or she shall be liable to the lessor or owner of the lands: (1) In double damages in whatever sum the owner of the lands may sustain by reason of the cloud or encumbrances upon the lands, after thirty (30) days from the service of the notice, to be not less than two (2) annual rentals as fixed by the original lease; and (2) For all costs, including a reasonable attorney's fee to be fixed by the court. Acts 1921, No. 192, § 2; 1923, No. 170, § 2; Pope's Dig., § 10506; A.S.A. 1947, § 53-313.

Any owner of lands upon which a lease for the development of oil or gas or other minerals has been given and the lessee forfeits his or her rights at any time to further prospect for such minerals upon the lands by reason of a failure to pay periodical rentals or failure to perform other conditions that nullify the lease as to lessee's rights therein may give written notice, served in the manner of a legal summons upon the lessee, demanding that the lessee execute and place on record a release which in effect will remove any cloud existing upon the title of the lands as provided in § 15-73-203 . Upon failure of the lessee to comply with the notice, he or she shall be liable to the lessor or owner of the lands:

(1) In double damages in whatever sum the owner of the lands may sustain by reason of the cloud or encumbrances upon the lands, after thirty (30) days from the service of the notice, to be not less than two (2) annual rentals as fixed by the original lease; and

(2) For all costs, including a reasonable attorney's fee to be fixed by the court.

Acts 1921, No. 192, § 2; 1923, No. 170, § 2; Pope's Dig., § 10506; A.S.A. 1947, § 53-313.
Ark. Code Ann. § 15-6-101 — AR Code / Title 15 / Chapter 6 / Section 15-6-101
Title
Status: in_force

This chapter may be known and may be cited as the "Arkansas Rural Development Program Act". Acts 1991, No. 302, § 1.

This chapter may be known and may be cited as the "Arkansas Rural Development Program Act".

Acts 1991, No. 302, § 1.
Ark. Code Ann. § 15-72-209 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-209
Right of others to confine gas
Status: in_force

In addition to the penalties described in § 15-72-202 for failure to confine natural gas, any person or corporation lawfully in possession of lands upon which the gas well is situated or adjoining or adjacent thereto or in the vicinity of the well may enter upon the lands on which such well is situated and take possession of the well from which the gas is allowed to escape in violation of § 15-72-202 , after the failure for ten (10) hours of the party in control thereof to use the utmost diligence to confine the gas, pack and tube the well, and shut in and secure the flow of gas, and may maintain a civil action in any court of competent jurisdiction in this state against the owner, lessee, agent, or manager of the well, and each of them, jointly or severally, to recover the cost and expense of the tubing and packing, together with attorney's fees to be taxed as part of the cost. Acts 1917, No. 166, § 9, p. 890; C. & M. Dig., § 7307; Pope's Dig., § 9363; A.S.A. 1947, § 53-209.

In addition to the penalties described in § 15-72-202 for failure to confine natural gas, any person or corporation lawfully in possession of lands upon which the gas well is situated or adjoining or adjacent thereto or in the vicinity of the well may enter upon the lands on which such well is situated and take possession of the well from which the gas is allowed to escape in violation of § 15-72-202 , after the failure for ten (10) hours of the party in control thereof to use the utmost diligence to confine the gas, pack and tube the well, and shut in and secure the flow of gas, and may maintain a civil action in any court of competent jurisdiction in this state against the owner, lessee, agent, or manager of the well, and each of them, jointly or severally, to recover the cost and expense of the tubing and packing, together with attorney's fees to be taxed as part of the cost.

Acts 1917, No. 166, § 9, p. 890; C. & M. Dig., § 7307; Pope's Dig., § 9363; A.S.A. 1947, § 53-209.
Ark. Code Ann. § 15-10-403 — AR Code / Title 15 / Chapter 10 / Subchapter 4 / Section 15-10-403
Supplementary agreements - Appropriations
Status: in_force

(a) Any supplementary agreement entered into pursuant to Article VI of the Southern States Energy Compact, § 15-10-401 , and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation for it by the General Assembly. (b) Provided, that with respect to the payment of this state's share of the budget of expenditures for the maintenance of the Southern States Energy Board as provided in Article III(b) of the Southern States Energy Compact, § 15-10-401 , the Governor, in the absence of a specific legislative appropriation for the purpose, may use such appropriations as are made available to him or her for emergency expenditures. Acts 1961, No. 429, § 3; A.S.A. 1947, § 9-1103.

(a) Any supplementary agreement entered into pursuant to Article VI of the Southern States Energy Compact, § 15-10-401 , and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation for it by the General Assembly.

(b) Provided, that with respect to the payment of this state's share of the budget of expenditures for the maintenance of the Southern States Energy Board as provided in Article III(b) of the Southern States Energy Compact, § 15-10-401 , the Governor, in the absence of a specific legislative appropriation for the purpose, may use such appropriations as are made available to him or her for emergency expenditures.

Acts 1961, No. 429, § 3; A.S.A. 1947, § 9-1103.
Ark. Code Ann. § 15-4-607 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-607
Power to accept grants
Status: in_force

The Arkansas Economic Development Council is authorized to accept grants to its Revenue Bond Guaranty Reserve Account from any federal agencies, municipalities, corporations, foundations, individual donees, or authorities. Acts 1967, No. 173, § 6; A.S.A. 1947, § 9-564.

The Arkansas Economic Development Council is authorized to accept grants to its Revenue Bond Guaranty Reserve Account from any federal agencies, municipalities, corporations, foundations, individual donees, or authorities.

Acts 1967, No. 173, § 6; A.S.A. 1947, § 9-564.
Ark. Code Ann. § 15-3-133 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-133
Centers for applied technology - Advisory committees
Status: in_force

(a) In carrying out its functions under this section, §§ 15-3-130 - 15-3-132 , and 15-3-134 , the Division of Science and Technology of the Arkansas Economic Development Commission may create such advisory committees as may be useful in evaluating potential technological areas and centers for applied technology. (b) The memberships of these advisory committees may include both directors and staff members of the division and other persons drawn from sources other than the division, all of whom shall serve at the pleasure of the Director of the Arkansas Economic Development Commission. (c) Members of such advisory committees shall serve without compensation for their membership on such committees but may receive expense reimbursement in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 910,§ 348, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1989, No. 803, § 5; 1997, No. 250, § 94.

(a) In carrying out its functions under this section, §§ 15-3-130 - 15-3-132 , and 15-3-134 , the Division of Science and Technology of the Arkansas Economic Development Commission may create such advisory committees as may be useful in evaluating potential technological areas and centers for applied technology.

(b) The memberships of these advisory committees may include both directors and staff members of the division and other persons drawn from sources other than the division, all of whom shall serve at the pleasure of the Director of the Arkansas Economic Development Commission.

(c) Members of such advisory committees shall serve without compensation for their membership on such committees but may receive expense reimbursement in accordance with § 25-16-901 et seq.

Amended by Act 2019, No. 910,§ 348, eff. 7/1/2019.

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

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

Acts 1989, No. 803, § 5; 1997, No. 250, § 94.
Ark. Code Ann. § 15-22-701 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-701
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987". Acts 1987, No. 686, § 1.

This subchapter may be referred to and cited as the "Arkansas Waste Disposal and Pollution Abatement Facilities Financing Act of 1987".

Acts 1987, No. 686, § 1.
Ark. Code Ann. § 15-4-1808 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1808
Major Industry Facilities Incentive Fund - Creation
Status: in_force

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Major Industry Facilities Incentive Fund". (b) The Treasurer of State shall monthly, before making the percentage distributions of general revenues as provided by law, deduct from the General Revenue Fund Account of the State Apportionment Fund an amount of money necessary to meet the quarterly payments to state agencies and political subdivisions provided for in this subchapter and shall credit them to the Major Industry Facilities Incentive Fund, and shall quarterly pay over the amounts to each state agency or political subdivision, provided that the General Assembly shall have appropriated funds for them. (c) (1) The State Board of Finance shall certify to the Treasurer of State the amount of assistance to each state agency or political subdivision for paying debt service on the bonds issued to finance the eligible facility. (2) If it should be determined that overpayments were made to the entity, then the overpayments shall be recovered by reducing the succeeding fiscal year's entitlement by the overpayment. Acts 1993, No. 1165, §§ 9-11.

(a) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Major Industry Facilities Incentive Fund".

(b) The Treasurer of State shall monthly, before making the percentage distributions of general revenues as provided by law, deduct from the General Revenue Fund Account of the State Apportionment Fund an amount of money necessary to meet the quarterly payments to state agencies and political subdivisions provided for in this subchapter and shall credit them to the Major Industry Facilities Incentive Fund, and shall quarterly pay over the amounts to each state agency or political subdivision, provided that the General Assembly shall have appropriated funds for them.

(c) (1) The State Board of Finance shall certify to the Treasurer of State the amount of assistance to each state agency or political subdivision for paying debt service on the bonds issued to finance the eligible facility. (2) If it should be determined that overpayments were made to the entity, then the overpayments shall be recovered by reducing the succeeding fiscal year's entitlement by the overpayment.

(1) The State Board of Finance shall certify to the Treasurer of State the amount of assistance to each state agency or political subdivision for paying debt service on the bonds issued to finance the eligible facility.

(2) If it should be determined that overpayments were made to the entity, then the overpayments shall be recovered by reducing the succeeding fiscal year's entitlement by the overpayment.

Acts 1993, No. 1165, §§ 9-11.
Ark. Code Ann. § 15-5-910 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-910
Interest rates on loans
Status: in_force

(a) The loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the Construction Assistance State Revolving Loan Fund shall bear interest at rates of interest, including without limitation negative rates of interest, established by the Arkansas Natural Resources Commission. (b) However, the commission may establish negative rates of interest only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the fund provided by the federal government under the Clean Water Act for the purpose of providing additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants. (c) Notwithstanding any other provision of law, loans, bonds, notes, and other evidences of indebtedness issued by owners may bear interest at a negative rate if they are purchased with moneys in the fund. Acts 2009, No. 458, § 10.

(a) The loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the Construction Assistance State Revolving Loan Fund shall bear interest at rates of interest, including without limitation negative rates of interest, established by the Arkansas Natural Resources Commission.

(b) However, the commission may establish negative rates of interest only for loans made and bonds, notes, and other evidences of indebtedness purchased with moneys in the fund provided by the federal government under the Clean Water Act for the purpose of providing additional subsidization to eligible recipients in the form of forgiveness of principal, negative interest loans, or grants or any combination of principal, negative interest loans, or grants.

(c) Notwithstanding any other provision of law, loans, bonds, notes, and other evidences of indebtedness issued by owners may bear interest at a negative rate if they are purchased with moneys in the fund.

Acts 2009, No. 458, § 10.
Ark. Code Ann. § 15-56-504 — AR Code / Title 15 / Chapter 56 / Subchapter 5 / Section 15-56-504
Rights to connections, crossings, and transfer
Status: in_force

All such short lines of railway or tramway shall have the same rights and privileges of connections, crossings, sidings, switches, and transfer, without prejudice or discrimination, as are extended by custom or granted by law to railroad corporations in this state. Acts 1905, No. 163, § 4, p. 407; C. & M. Dig., § 7297; Pope's Dig., § 9353; A.S.A. 1947, § 52-304.

All such short lines of railway or tramway shall have the same rights and privileges of connections, crossings, sidings, switches, and transfer, without prejudice or discrimination, as are extended by custom or granted by law to railroad corporations in this state.

Acts 1905, No. 163, § 4, p. 407; C. & M. Dig., § 7297; Pope's Dig., § 9353; A.S.A. 1947, § 52-304.
Ark. Code Ann. § 15-74-706 — AR Code / Title 15 / Chapter 74 / Subchapter 7 / Section 15-74-706
Contracting to buy royalty gas for less than price paid operator or lessee
Status: in_force

It shall be unlawful for any pipeline company, corporation, or individual purchasing oil or gas from the operator or lessee of any oil, gas, or mineral lease to enter into any contract with the operator or lessee whereby the purchaser acquires the royalty oil or gas reserved in the oil, gas, or mineral lease for any price less than the price paid the operator or lessee of the lease. Acts 1929, No. 222, § 4; Pope's Dig., § 10500; A.S.A. 1947, § 53-512.

It shall be unlawful for any pipeline company, corporation, or individual purchasing oil or gas from the operator or lessee of any oil, gas, or mineral lease to enter into any contract with the operator or lessee whereby the purchaser acquires the royalty oil or gas reserved in the oil, gas, or mineral lease for any price less than the price paid the operator or lessee of the lease.

Acts 1929, No. 222, § 4; Pope's Dig., § 10500; A.S.A. 1947, § 53-512.
Ark. Code Ann. § 15-72-202 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-202
Penalties for violation of certain sections
Status: in_force

(a) Any person, firm, or corporation violating § 15-72-206 , § 15-72-208(a) , § 15-72-217 , § 15-72-208(b) , § 15-72-210 , or § 15-72-211 is subject to a civil penalty for each violation not to exceed two thousand five hundred dollars ($2,500), to be assessed by the Oil and Gas Commission. (b) If the civil penalty is not recovered by the commission within the time frame specified by the commission, the civil penalty and a reasonable attorney's fee to be fixed by the court may be recovered in an action brought by the commission in the name of the State of Arkansas. (c) The civil penalty and attorney's fees collected shall be turned into the general road fund of the county where a leak is located to be used on the roads, bridges, and highways of the county, in the discretion of the county court. Acts 1917, No. 166, §§ 5, 7, p. 890; C. & M. Dig., §§ 7303, 7305; Pope's Dig., §§ 9359, 9361; A.S.A. 1947, §§ 53-205, 53-207; Acts 2007, No. 859, § 4; 2009, No. 1175, § 12.

(a) Any person, firm, or corporation violating § 15-72-206 , § 15-72-208(a) , § 15-72-217 , § 15-72-208(b) , § 15-72-210 , or § 15-72-211 is subject to a civil penalty for each violation not to exceed two thousand five hundred dollars ($2,500), to be assessed by the Oil and Gas Commission.

(b) If the civil penalty is not recovered by the commission within the time frame specified by the commission, the civil penalty and a reasonable attorney's fee to be fixed by the court may be recovered in an action brought by the commission in the name of the State of Arkansas.

(c) The civil penalty and attorney's fees collected shall be turned into the general road fund of the county where a leak is located to be used on the roads, bridges, and highways of the county, in the discretion of the county court.

Acts 1917, No. 166, §§ 5, 7, p. 890; C. & M. Dig., §§ 7303, 7305; Pope's Dig., §§ 9359, 9361; A.S.A. 1947, §§ 53-205, 53-207; Acts 2007, No. 859, § 4; 2009, No. 1175, § 12.
Ark. Code Ann. § 15-3-401 — AR Code / Title 15 / Chapter 3 / Subchapter 4 / Section 15-3-401
Legislative intent
Status: in_force

It is the intent of the General Assembly: (1) To assist growing, technology-based enterprises by: (A) Attracting and retaining highly trained science and engineering postdoctoral graduates by encouraging the establishment of career opportunities within the State of Arkansas; (B) Providing scientific expertise to emerging technology-based enterprises by helping them hire postdoctoral graduates to address the needs of these businesses; and (C) Developing a growing core of scientific job talent in Arkansas by attracting and retaining postdoctoral science and engineering graduates; and (2) That the establishment of the postdoctoral science and engineering grant program shall benefit the State of Arkansas as a whole and that provisions be made to ensure that all parts of the state have an opportunity to benefit from this subchapter. Acts 2009, No. 463, § 1.

It is the intent of the General Assembly:

(1) To assist growing, technology-based enterprises by: (A) Attracting and retaining highly trained science and engineering postdoctoral graduates by encouraging the establishment of career opportunities within the State of Arkansas; (B) Providing scientific expertise to emerging technology-based enterprises by helping them hire postdoctoral graduates to address the needs of these businesses; and (C) Developing a growing core of scientific job talent in Arkansas by attracting and retaining postdoctoral science and engineering graduates; and

(A) Attracting and retaining highly trained science and engineering postdoctoral graduates by encouraging the establishment of career opportunities within the State of Arkansas;

(B) Providing scientific expertise to emerging technology-based enterprises by helping them hire postdoctoral graduates to address the needs of these businesses; and

(C) Developing a growing core of scientific job talent in Arkansas by attracting and retaining postdoctoral science and engineering graduates; and

(2) That the establishment of the postdoctoral science and engineering grant program shall benefit the State of Arkansas as a whole and that provisions be made to ensure that all parts of the state have an opportunity to benefit from this subchapter.

Acts 2009, No. 463, § 1.
Ark. Code Ann. § 15-4-1224 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1224
[Repealed]
Status: repealed

Repealed by Act 2017, No. 374,§ 5, eff. 8/1/2017. Acts 1991, No. 1029, § 24; 1995, No. 363, § 1; 1995, No. 1044, § 1; 1999, No. 37, § 23.

Repealed by Act 2017, No. 374,§ 5, eff. 8/1/2017.

Acts 1991, No. 1029, § 24; 1995, No. 363, § 1; 1995, No. 1044, § 1; 1999, No. 37, § 23.
Ark. Code Ann. § 15-32-411 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-411
Wages for piecework
Status: in_force

(a) All wages for piecework when applied to the severance of timber on a cordage basis when the piecework is paid for on the basis of measures of volume or weight shall be computed upon the basis of the measures of volume or weight as the measures of volume or weight are now or may hereafter be defined by the statutes of the State of Arkansas. (b) Any employer who, in paying wages for piecework, makes payment of an amount less than the wages earned when computed as provided in subsection (a) of this section, shall be liable to his or her employee for two (2) times the difference between the amount paid and the amount of wages earned when computed as provided in subsection (a) of this section. Acts 1939, No. 57, §§ 1, 2; A.S.A. 1947, §§ 54-312, 54-313.

(a) All wages for piecework when applied to the severance of timber on a cordage basis when the piecework is paid for on the basis of measures of volume or weight shall be computed upon the basis of the measures of volume or weight as the measures of volume or weight are now or may hereafter be defined by the statutes of the State of Arkansas.

(b) Any employer who, in paying wages for piecework, makes payment of an amount less than the wages earned when computed as provided in subsection (a) of this section, shall be liable to his or her employee for two (2) times the difference between the amount paid and the amount of wages earned when computed as provided in subsection (a) of this section.

Acts 1939, No. 57, §§ 1, 2; A.S.A. 1947, §§ 54-312, 54-313.
Ark. Code Ann. § 15-5-1413 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1413
Funding of Arkansas Venture Capital Development Fund
Status: in_force

(a) The trustees of the Venture Capital Investment Trust may accept moneys and funds for the Arkansas Venture Capital Development Fund from any source. (b) Moneys and funds received by the trustees of the trust for the fund shall be dedicated and used solely as authorized in this subchapter. (c) (1) Moneys and funds received by the Arkansas Development Finance Authority or the Arkansas Economic Development Commission designated for use or ownership by the fund shall be deposited to the trust and held in the Arkansas Venture Capital Development Fund Account, as applicable and as specified in this subchapter, until used for the purposes of this subchapter. (2) Moneys deposited to the trust for the purposes of providing financial assistance to technology-based enterprises under this subchapter shall be allocated to the account according to a ratio approved by the trustees of the trust. Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.

(a) The trustees of the Venture Capital Investment Trust may accept moneys and funds for the Arkansas Venture Capital Development Fund from any source.

(b) Moneys and funds received by the trustees of the trust for the fund shall be dedicated and used solely as authorized in this subchapter.

(c) (1) Moneys and funds received by the Arkansas Development Finance Authority or the Arkansas Economic Development Commission designated for use or ownership by the fund shall be deposited to the trust and held in the Arkansas Venture Capital Development Fund Account, as applicable and as specified in this subchapter, until used for the purposes of this subchapter. (2) Moneys deposited to the trust for the purposes of providing financial assistance to technology-based enterprises under this subchapter shall be allocated to the account according to a ratio approved by the trustees of the trust.

(1) Moneys and funds received by the Arkansas Development Finance Authority or the Arkansas Economic Development Commission designated for use or ownership by the fund shall be deposited to the trust and held in the Arkansas Venture Capital Development Fund Account, as applicable and as specified in this subchapter, until used for the purposes of this subchapter.

(2) Moneys deposited to the trust for the purposes of providing financial assistance to technology-based enterprises under this subchapter shall be allocated to the account according to a ratio approved by the trustees of the trust.

Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.
Ark. Code Ann. § 15-3-135 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-135
Promotion of scientific, medical, and technological jobs and infrastructure enhancements - Definition
Status: in_force

(a) As used in this section, "qualified medical company" means a corporation engaged in: (1) Research and development in the medical field; and (2) Manufacture and distribution of medical products, including therapeutic and diagnostic products. (b) (1) All agencies, departments, boards, commissions, and other instrumentalities of this state and all political subdivisions of this state and all agencies, departments, boards, commissions, and other instrumentalities thereof, to the greatest extent possible, shall expedite the processing of all lawful applications and requests required or permitted by law which are submitted or made by qualified medical companies and, in considering all such applications and requests, give due consideration to the purposes of this section. (2) To the extent available time, personnel, and other resources permit, all state-funded colleges and universities shall provide research assistance to the Arkansas Economic Development Commission to assist with planning to develop scientific, medical, and technological commercial infrastructure enhancements to encourage qualified medical companies to locate in this state. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1995, No. 586, §§ 1-3.

(a) As used in this section, "qualified medical company" means a corporation engaged in: (1) Research and development in the medical field; and (2) Manufacture and distribution of medical products, including therapeutic and diagnostic products.

(1) Research and development in the medical field; and

(2) Manufacture and distribution of medical products, including therapeutic and diagnostic products.

(b) (1) All agencies, departments, boards, commissions, and other instrumentalities of this state and all political subdivisions of this state and all agencies, departments, boards, commissions, and other instrumentalities thereof, to the greatest extent possible, shall expedite the processing of all lawful applications and requests required or permitted by law which are submitted or made by qualified medical companies and, in considering all such applications and requests, give due consideration to the purposes of this section. (2) To the extent available time, personnel, and other resources permit, all state-funded colleges and universities shall provide research assistance to the Arkansas Economic Development Commission to assist with planning to develop scientific, medical, and technological commercial infrastructure enhancements to encourage qualified medical companies to locate in this state.

(1) All agencies, departments, boards, commissions, and other instrumentalities of this state and all political subdivisions of this state and all agencies, departments, boards, commissions, and other instrumentalities thereof, to the greatest extent possible, shall expedite the processing of all lawful applications and requests required or permitted by law which are submitted or made by qualified medical companies and, in considering all such applications and requests, give due consideration to the purposes of this section.

(2) To the extent available time, personnel, and other resources permit, all state-funded colleges and universities shall provide research assistance to the Arkansas Economic Development Commission to assist with planning to develop scientific, medical, and technological commercial infrastructure enhancements to encourage qualified medical companies to locate in this state.

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

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

Acts 1995, No. 586, §§ 1-3.
Ark. Code Ann. § 15-3-206 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-206
Reporting
Status: in_force

The Arkansas Economic Development Commission shall present to the Governor's office and the General Assembly a report on the investment from the Arkansas Research Matching Fund by April 1 of each even-numbered year. Amended by Act 2015EX1, No. 8,§ 80, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 80, eff. 7/1/2015. Acts 1999, No. 1545, § 6.

The Arkansas Economic Development Commission shall present to the Governor's office and the General Assembly a report on the investment from the Arkansas Research Matching Fund by April 1 of each even-numbered year.

Amended by Act 2015EX1, No. 8,§ 80, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 80, eff. 7/1/2015.

Acts 1999, No. 1545, § 6.
Ark. Code Ann. § 15-20-401 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Conservation Easement Act". Acts 1983, No. 567, § 6; A.S.A. 1947, § 50-1206.

This subchapter shall be known and may be cited as the "Conservation Easement Act".

Acts 1983, No. 567, § 6; A.S.A. 1947, § 50-1206.
Ark. Code Ann. § 15-73-404 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-404
Intervention
Status: in_force

Any person having or claiming an interest in the land in fee, or in any oil and gas leasehold rights, not made a party in the petition may appear and intervene in the cause. Acts 1935, No. 15, § 4; Pope's Dig., § 10552; A.S.A. 1947, § 53-404.

Any person having or claiming an interest in the land in fee, or in any oil and gas leasehold rights, not made a party in the petition may appear and intervene in the cause.

Acts 1935, No. 15, § 4; Pope's Dig., § 10552; A.S.A. 1947, § 53-404.
Ark. Code Ann. § 15-4-310 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-310
Minority and women-owned business officer
Status: in_force

(a) Each state agency shall designate an individual as its minority and women-owned business officer. (b) The minority and women-owned business officer shall be the person within the state agency with whom the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Minority and Women-owned Business Advisory Council shall work in their efforts to accomplish the goals of this subchapter. (c) Upon the appointment of the minority and women-owned business officer in each state agency, the state agency shall notify the division and the Office of State Procurement. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 2009, No. 1222, § 6.

(a) Each state agency shall designate an individual as its minority and women-owned business officer.

(b) The minority and women-owned business officer shall be the person within the state agency with whom the Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission and the Minority and Women-owned Business Advisory Council shall work in their efforts to accomplish the goals of this subchapter.

(c) Upon the appointment of the minority and women-owned business officer in each state agency, the state agency shall notify the division and the Office of State Procurement.

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

Acts 2009, No. 1222, § 6.
Ark. Code Ann. § 15-4-1225 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1225
Loan policy
Status: in_force

(a) A company organized under the provisions of this subchapter shall not lend money when credit is readily available with comparable terms elsewhere. Before granting a loan, the directors of a corporation or the management committee of a limited liability company shall endeavor so far as is reasonably possible to ascertain that reasonable opportunity to grant the loan has been given to the financial institutions of the state. (b) No company organized under the provisions of this subchapter shall receive money on deposit. (c) The company shall not deposit any of its funds in any banking institution unless the institution has been designated as a depository by a vote of a majority of the directors or a majority of the management committee present at an authorized meeting of the directors or the management committee, exclusive of any director or any member of the management committee who is an officer or director of the depository so designated. Acts 1991, No. 1029, § 25; 1999, No. 37, § 24.

(a) A company organized under the provisions of this subchapter shall not lend money when credit is readily available with comparable terms elsewhere. Before granting a loan, the directors of a corporation or the management committee of a limited liability company shall endeavor so far as is reasonably possible to ascertain that reasonable opportunity to grant the loan has been given to the financial institutions of the state.

(b) No company organized under the provisions of this subchapter shall receive money on deposit.

(c) The company shall not deposit any of its funds in any banking institution unless the institution has been designated as a depository by a vote of a majority of the directors or a majority of the management committee present at an authorized meeting of the directors or the management committee, exclusive of any director or any member of the management committee who is an officer or director of the depository so designated.

Acts 1991, No. 1029, § 25; 1999, No. 37, § 24.