Ark. Code Ann. § 15-4-3705 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3705
Arkansas Workforce Development Board committees
Status: in_force

(a) (1) To comply with the requirements and responsibilities assigned under this subchapter, the Arkansas Workforce Development Board shall select from its membership an executive committee to be composed of at least nine (9) members but no more than eleven (11) members. (2) The Chair of the Arkansas Workforce Development Board and the Vice Chair of the Arkansas Workforce Development Board shall serve as chair and vice chair of the executive committee, respectively. (3) The membership of the executive committee shall include: (A) At least five (5) members representing businesses; (B) At least one (1) chief elected official; and (C) At least two (2) representatives from among members appointed under § 15-4-3704(b)(2)(B) . (b) (1) The board shall have a standing committee to provide oversight of the Temporary Assistance for Needy Families Program and ensure that all program participants are receiving the assistance, the information, and the services needed to help these low-income parents prepare for and connect with employment that will lead to a self-sufficient wage. (2) The membership of the standing committee shall include: (A) At least five (5) members representing businesses; (B) At least one (1) chief elected official; (C) At least one (1) member from among those members appointed under § 15-4-3704(b)(2)(B) ; (D) The Director of the Division of Workforce Services; and (E) The Director of the Division of County Operations, as a standing committee voting member who is also not a member of the board. (c) The board may form other committees as needed. (d) Membership on any committee shall not extend beyond the member's term of service on the board. Amended by Act 2019, No. 910,§ 432, eff. 7/1/2019. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) (1) To comply with the requirements and responsibilities assigned under this subchapter, the Arkansas Workforce Development Board shall select from its membership an executive committee to be composed of at least nine (9) members but no more than eleven (11) members. (2) The Chair of the Arkansas Workforce Development Board and the Vice Chair of the Arkansas Workforce Development Board shall serve as chair and vice chair of the executive committee, respectively. (3) The membership of the executive committee shall include: (A) At least five (5) members representing businesses; (B) At least one (1) chief elected official; and (C) At least two (2) representatives from among members appointed under § 15-4-3704(b)(2)(B) .

(1) To comply with the requirements and responsibilities assigned under this subchapter, the Arkansas Workforce Development Board shall select from its membership an executive committee to be composed of at least nine (9) members but no more than eleven (11) members.

(2) The Chair of the Arkansas Workforce Development Board and the Vice Chair of the Arkansas Workforce Development Board shall serve as chair and vice chair of the executive committee, respectively.

(3) The membership of the executive committee shall include: (A) At least five (5) members representing businesses; (B) At least one (1) chief elected official; and (C) At least two (2) representatives from among members appointed under § 15-4-3704(b)(2)(B) .

(A) At least five (5) members representing businesses;

(B) At least one (1) chief elected official; and

(C) At least two (2) representatives from among members appointed under § 15-4-3704(b)(2)(B) .

(b) (1) The board shall have a standing committee to provide oversight of the Temporary Assistance for Needy Families Program and ensure that all program participants are receiving the assistance, the information, and the services needed to help these low-income parents prepare for and connect with employment that will lead to a self-sufficient wage. (2) The membership of the standing committee shall include: (A) At least five (5) members representing businesses; (B) At least one (1) chief elected official; (C) At least one (1) member from among those members appointed under § 15-4-3704(b)(2)(B) ; (D) The Director of the Division of Workforce Services; and (E) The Director of the Division of County Operations, as a standing committee voting member who is also not a member of the board.

(1) The board shall have a standing committee to provide oversight of the Temporary Assistance for Needy Families Program and ensure that all program participants are receiving the assistance, the information, and the services needed to help these low-income parents prepare for and connect with employment that will lead to a self-sufficient wage.

(2) The membership of the standing committee shall include: (A) At least five (5) members representing businesses; (B) At least one (1) chief elected official; (C) At least one (1) member from among those members appointed under § 15-4-3704(b)(2)(B) ; (D) The Director of the Division of Workforce Services; and (E) The Director of the Division of County Operations, as a standing committee voting member who is also not a member of the board.

(A) At least five (5) members representing businesses;

(B) At least one (1) chief elected official;

(C) At least one (1) member from among those members appointed under § 15-4-3704(b)(2)(B) ;

(D) The Director of the Division of Workforce Services; and

(E) The Director of the Division of County Operations, as a standing committee voting member who is also not a member of the board.

(c) The board may form other committees as needed.

(d) Membership on any committee shall not extend beyond the member's term of service on the board.

Amended by Act 2019, No. 910,§ 432, eff. 7/1/2019.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-4-1026 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1026
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017, without reference to the amendment by Act 2017, No. 374. Amended by Act 2017, No. 374,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 26; A.S.A. 1947, § 67-1652; Acts 1991, No. 333, § 1; 2003, No. 860, § 8; 2005, No. 1232, § 4; 2005, No. 1759, §§ 3, 4; 2007, No. 566, §§ 2, 3.

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017, without reference to the amendment by Act 2017, No. 374.

Amended by Act 2017, No. 374,§ 4, eff. 8/1/2017.

Acts 1985, No. 410, § 26; A.S.A. 1947, § 67-1652; Acts 1991, No. 333, § 1; 2003, No. 860, § 8; 2005, No. 1232, § 4; 2005, No. 1759, §§ 3, 4; 2007, No. 566, §§ 2, 3.
Ark. Code Ann. § 15-22-514 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-514
Disposition of fees, earnings, etc
Status: in_force

All fees, earnings, and other collections of the Arkansas Natural Resources Commission shall be converted by the commission to the Arkansas Water Development Fund to be used by the commission as provided by law and shall not be paid into the State Treasury. Acts 1969, No. 217, § 9; A.S.A. 1947, § 21-1324.

All fees, earnings, and other collections of the Arkansas Natural Resources Commission shall be converted by the commission to the Arkansas Water Development Fund to be used by the commission as provided by law and shall not be paid into the State Treasury.

Acts 1969, No. 217, § 9; A.S.A. 1947, § 21-1324.
Ark. Code Ann. § 15-10-205 — AR Code / Title 15 / Chapter 10 / Subchapter 2 / Section 15-10-205
Arkansas Energy Office of the Division of Environmental Quality - Powers and duties
Status: in_force

(a) The Arkansas Energy Office of the Division of Environmental Quality shall coordinate authority and planning by the state in energy-related matters and shall have the following duties and responsibilities: (1) Coordinating energy matters between and among all state agencies; (2) Compiling an energy profile for the state which includes, but is not limited to, data on the demand for and supply of renewable and nonrenewable energy resources; (3) Collecting data on, planning, and administering emergency plans, when needed, to allocate the distribution of motor fuels, aviation fuels, heating oil, and propane by wholesale jobbers and dealers within the state; (4) Collecting data on, planning, and administering emergency plans, when needed, for the conservation or rationing of motor fuels; (5) Proposing executive and legislative measures on energy-related matters; (6) Providing comments before state and federal regulatory bodies on energy matters mandated by federal and state agencies; (7) Monitoring and evaluating existing and proposed actions, laws, policies, regulations, rules, and orders of the state and federal governments in energy matters relevant to Arkansas; (8) Securing and administering federal energy grants for agencies of state government and monitoring and publicizing federal energy grants available to the private sector; (9) Carrying out energy-related administrative and program functions established and required by federal law, regulations, or guidelines when applicable in Arkansas; (10) Developing and administering conservation programs directed toward reducing wasteful, inefficient uses of energy; (11) Developing and proposing thermal and lighting efficiency improvement programs for all buildings owned by the state and prescribing reasonable thermal and lighting efficiency criteria applicable to the leasing of buildings by all state agencies; and (12) Administering a public energy awareness program to inform and demonstrate to the public the importance and methods of utilizing energy conservation and renewable energy resources. (b) The office may: (1) Provide comments before state and federal bodies in energy matters relevant to Arkansas; (2) Receive and expend funds obtained from the United States Government or other sources by means of contracts, grants, awards, payment for services, and other devices in support of energy-related programs, studies, or other operations beneficial to the State of Arkansas; and (3) Propose programs for the implementation of thermal and lighting efficiency improvements for all buildings owned by the state and prescribe reasonable thermal and lighting efficiency criteria applicable to the leasing of buildings by all state agencies. (c) The Arkansas Pollution Control and Ecology Commission may promulgate rules necessary to administer this section for the purposes of: (1) Implementing and prescribing enforcement for thermal and lighting efficiency standards for new building construction; (2) Requiring a city or county that issues building permits for new building construction to adopt the Arkansas Energy Code for New Building Construction; and (3) Administering emergency plans as referred to in subdivision (a)(4) of this section. Amended by Act 2019, No. 315,§ 1094, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1093, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3057, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 8, eff. 8/1/2017. Acts 1981, No. 7, § 3; A.S.A. 1947, § 5-938; Acts 1993, No. 234, § 1; 1993, No. 248, § 1; 2009, No. 1196, §§ 1, 2; 2011, No. 802, § 1.

(a) The Arkansas Energy Office of the Division of Environmental Quality shall coordinate authority and planning by the state in energy-related matters and shall have the following duties and responsibilities: (1) Coordinating energy matters between and among all state agencies; (2) Compiling an energy profile for the state which includes, but is not limited to, data on the demand for and supply of renewable and nonrenewable energy resources; (3) Collecting data on, planning, and administering emergency plans, when needed, to allocate the distribution of motor fuels, aviation fuels, heating oil, and propane by wholesale jobbers and dealers within the state; (4) Collecting data on, planning, and administering emergency plans, when needed, for the conservation or rationing of motor fuels; (5) Proposing executive and legislative measures on energy-related matters; (6) Providing comments before state and federal regulatory bodies on energy matters mandated by federal and state agencies; (7) Monitoring and evaluating existing and proposed actions, laws, policies, regulations, rules, and orders of the state and federal governments in energy matters relevant to Arkansas; (8) Securing and administering federal energy grants for agencies of state government and monitoring and publicizing federal energy grants available to the private sector; (9) Carrying out energy-related administrative and program functions established and required by federal law, regulations, or guidelines when applicable in Arkansas; (10) Developing and administering conservation programs directed toward reducing wasteful, inefficient uses of energy; (11) Developing and proposing thermal and lighting efficiency improvement programs for all buildings owned by the state and prescribing reasonable thermal and lighting efficiency criteria applicable to the leasing of buildings by all state agencies; and (12) Administering a public energy awareness program to inform and demonstrate to the public the importance and methods of utilizing energy conservation and renewable energy resources.

(1) Coordinating energy matters between and among all state agencies;

(2) Compiling an energy profile for the state which includes, but is not limited to, data on the demand for and supply of renewable and nonrenewable energy resources;

(3) Collecting data on, planning, and administering emergency plans, when needed, to allocate the distribution of motor fuels, aviation fuels, heating oil, and propane by wholesale jobbers and dealers within the state;

(4) Collecting data on, planning, and administering emergency plans, when needed, for the conservation or rationing of motor fuels;

(5) Proposing executive and legislative measures on energy-related matters;

(6) Providing comments before state and federal regulatory bodies on energy matters mandated by federal and state agencies;

(7) Monitoring and evaluating existing and proposed actions, laws, policies, regulations, rules, and orders of the state and federal governments in energy matters relevant to Arkansas;

(8) Securing and administering federal energy grants for agencies of state government and monitoring and publicizing federal energy grants available to the private sector;

(9) Carrying out energy-related administrative and program functions established and required by federal law, regulations, or guidelines when applicable in Arkansas;

(10) Developing and administering conservation programs directed toward reducing wasteful, inefficient uses of energy;

(11) Developing and proposing thermal and lighting efficiency improvement programs for all buildings owned by the state and prescribing reasonable thermal and lighting efficiency criteria applicable to the leasing of buildings by all state agencies; and

(12) Administering a public energy awareness program to inform and demonstrate to the public the importance and methods of utilizing energy conservation and renewable energy resources.

(b) The office may: (1) Provide comments before state and federal bodies in energy matters relevant to Arkansas; (2) Receive and expend funds obtained from the United States Government or other sources by means of contracts, grants, awards, payment for services, and other devices in support of energy-related programs, studies, or other operations beneficial to the State of Arkansas; and (3) Propose programs for the implementation of thermal and lighting efficiency improvements for all buildings owned by the state and prescribe reasonable thermal and lighting efficiency criteria applicable to the leasing of buildings by all state agencies.

(1) Provide comments before state and federal bodies in energy matters relevant to Arkansas;

(2) Receive and expend funds obtained from the United States Government or other sources by means of contracts, grants, awards, payment for services, and other devices in support of energy-related programs, studies, or other operations beneficial to the State of Arkansas; and

(3) Propose programs for the implementation of thermal and lighting efficiency improvements for all buildings owned by the state and prescribe reasonable thermal and lighting efficiency criteria applicable to the leasing of buildings by all state agencies.

(c) The Arkansas Pollution Control and Ecology Commission may promulgate rules necessary to administer this section for the purposes of: (1) Implementing and prescribing enforcement for thermal and lighting efficiency standards for new building construction; (2) Requiring a city or county that issues building permits for new building construction to adopt the Arkansas Energy Code for New Building Construction; and (3) Administering emergency plans as referred to in subdivision (a)(4) of this section.

(1) Implementing and prescribing enforcement for thermal and lighting efficiency standards for new building construction;

(2) Requiring a city or county that issues building permits for new building construction to adopt the Arkansas Energy Code for New Building Construction; and

(3) Administering emergency plans as referred to in subdivision (a)(4) of this section.

Amended by Act 2019, No. 315,§ 1094, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1093, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3057, eff. 7/1/2019.

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

Acts 1981, No. 7, § 3; A.S.A. 1947, § 5-938; Acts 1993, No. 234, § 1; 1993, No. 248, § 1; 2009, No. 1196, §§ 1, 2; 2011, No. 802, § 1.
Ark. Code Ann. § 15-12-102 — AR Code / Title 15 / Chapter 12 / Section 15-12-102
Administration of trust fund
Status: in_force

The Arkansas Natural and Cultural Resources Council shall administer the Arkansas Natural and Cultural Resources Grants and Trust Fund established in this chapter and shall administer and approve all grants payable from the fund. Acts 1987, No. 729, § 3.

The Arkansas Natural and Cultural Resources Council shall administer the Arkansas Natural and Cultural Resources Grants and Trust Fund established in this chapter and shall administer and approve all grants payable from the fund.

Acts 1987, No. 729, § 3.
Ark. Code Ann. § 15-4-3305 — AR Code / Title 15 / Chapter 4 / Subchapter 33 / Section 15-4-3305
Award of an equity investment incentive tax credit
Status: in_force

(a) A person or company that purchases an equity interest in a qualified business under § 15-4-3303(a) in any of the calendar years 2007 - 2028 is entitled to a credit against any state income tax liability that may be imposed on the person or company for any tax year, beginning in the tax year in which the equity interest was purchased and for a period not to exceed nine (9) years beyond the tax year in which the equity interest was purchased. (b) The credit against state income tax liability shall be determined in the following manner: (1) The credit shall not exceed thirty-three and one-third percent (33 1/3%) of the actual purchase price paid for the equity interest to the business, less any fees or commissions to underwriters or sales agents paid by the business; (2) In any one (1) tax year, the credit allowed by this section shall not exceed fifty percent (50%) of the net Arkansas state income tax liability or premium tax liability of the taxpayer: (A) After all other credits and reductions in tax have been calculated; and (B) Before the credit allowed by this section is applied; (3) (A) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against Arkansas state income tax for the next-succeeding tax year and annually thereafter for a total period of nine (9) years next succeeding the year in which the equity interest in a business was purchased, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first. (B) The credit allowed by this section shall not be allowed for a tax year ending after December 31, 2037; (4) If the total amount of credits applied for under this subchapter for the year exceed the cap stated in subsection (f) of this section, the Arkansas Economic Development Commission, when allocating credits under this subchapter for the particular applications that would exceed that cap and in order to not exceed the cap, shall first award credits to investors taking an equity interest through an equity purchase before credits may be allocated to investors that use a convertible financing structure for the investment; and (5) An original purchaser of equity interests who seeks to qualify for the income tax credit or premium tax credit provided in this section shall obtain and attach to the income tax return or premium tax return for the years the credit is claimed a certified statement from the business stating: (A) The name and address of the original purchaser; (B) The tax identification number of the person entitled to the credit; (C) The original date of purchase of the equity interest; (D) The number and type of equity interests purchased; (E) The amount paid by the original purchaser for the equity interest; (F) The amount of the tax credit associated with the purchase of the equity interest; and (G) The amount of dividends and distributions previously paid by the business to the purchaser. (c) (1) A transferee from an original purchaser is entitled to the tax credit described in this section only to the extent the credit is still available to and has not previously been used by the transferor. (2) A transferee of equity interests or tax credits who seeks to qualify for the income tax credit or premium tax credit provided in this section shall obtain and attach to the income tax return or premium tax return for the years the credit is claimed a certified statement from the business stating: (A) The name and address of the original purchaser and all transferees; (B) The tax identification number of all persons entitled to any portion of the original tax credit; (C) The original date the equity interest was purchased; (D) The number and type of equity interests purchased; (E) The amount paid by the original purchaser for the equity interest; (F) The amount of the tax credit associated with the purchase of the equity interest; (G) The amount of the tax credit associated with the original purchase used by all previous owners of the equity interest or tax credit and the remaining amount of the tax credit available for use by the transferee; and (H) The amount of dividends and distributions previously paid by the business to the original purchaser and all transferees. (d) (1) If the owner of an equity interest in or a tax credit issued by a company is a pass-through entity for tax purposes, such as a limited liability company or a partnership, then the owner of the pass-through entity is entitled to the tax credit described in this section. (2) If a pass-through entity entitled to a tax credit under subdivision (d)(1) of this section is owned by two (2) or more persons, then the tax credit may be allocated among the pass-through entity owners in the method selected by the owners as described in the governing documents of the pass-through entity or by other written agreement among the owners. (e) (1) For the purpose of ascertaining the gain or loss from the sale or other disposition of an equity interest in a business, the owner of the equity interest shall reduce the owner's basis in the equity interest by the amount of cash received from selling the tax credits and the tax credits previously deducted under this section. (2) However, sale or other disposition under subdivision (e)(1) of this section does not include a transfer from the holder of an equity interest to the business in liquidation of the equity interest. (3) This reduced basis shall be used by the original purchaser or transferee when calculating tax due under the Income Tax Act of 1929, § 26-51-101 et seq. (f) The total cumulative amount of tax credits available to all purchasers of equity interest in qualified businesses under this section in any calendar year shall not exceed six million two hundred fifty thousand dollars ($6,250,000). (g) The original investor earning tax credits under this section may sell its tax credits: (1) Only one (1) time, in whole or in part, the balance of which shall be used by the original investor within the time frame allowed under this subchapter; and (2) At any time before the tax credits are exhausted or expire. Amended by Act 2019, No. 537,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 426,§ 5, eff. 8/1/2017. Amended by Act 2015, No. 164,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 164,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 164,§ 3, eff. 7/22/2015. Acts 2007, No. 566, § 1; 2009, No. 481, §§ 2, 3; 2011, No. 829, § 3.

(a) A person or company that purchases an equity interest in a qualified business under § 15-4-3303(a) in any of the calendar years 2007 - 2028 is entitled to a credit against any state income tax liability that may be imposed on the person or company for any tax year, beginning in the tax year in which the equity interest was purchased and for a period not to exceed nine (9) years beyond the tax year in which the equity interest was purchased.

(b) The credit against state income tax liability shall be determined in the following manner: (1) The credit shall not exceed thirty-three and one-third percent (33 1/3%) of the actual purchase price paid for the equity interest to the business, less any fees or commissions to underwriters or sales agents paid by the business; (2) In any one (1) tax year, the credit allowed by this section shall not exceed fifty percent (50%) of the net Arkansas state income tax liability or premium tax liability of the taxpayer: (A) After all other credits and reductions in tax have been calculated; and (B) Before the credit allowed by this section is applied; (3) (A) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against Arkansas state income tax for the next-succeeding tax year and annually thereafter for a total period of nine (9) years next succeeding the year in which the equity interest in a business was purchased, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first. (B) The credit allowed by this section shall not be allowed for a tax year ending after December 31, 2037; (4) If the total amount of credits applied for under this subchapter for the year exceed the cap stated in subsection (f) of this section, the Arkansas Economic Development Commission, when allocating credits under this subchapter for the particular applications that would exceed that cap and in order to not exceed the cap, shall first award credits to investors taking an equity interest through an equity purchase before credits may be allocated to investors that use a convertible financing structure for the investment; and (5) An original purchaser of equity interests who seeks to qualify for the income tax credit or premium tax credit provided in this section shall obtain and attach to the income tax return or premium tax return for the years the credit is claimed a certified statement from the business stating: (A) The name and address of the original purchaser; (B) The tax identification number of the person entitled to the credit; (C) The original date of purchase of the equity interest; (D) The number and type of equity interests purchased; (E) The amount paid by the original purchaser for the equity interest; (F) The amount of the tax credit associated with the purchase of the equity interest; and (G) The amount of dividends and distributions previously paid by the business to the purchaser.

(1) The credit shall not exceed thirty-three and one-third percent (33 1/3%) of the actual purchase price paid for the equity interest to the business, less any fees or commissions to underwriters or sales agents paid by the business;

(2) In any one (1) tax year, the credit allowed by this section shall not exceed fifty percent (50%) of the net Arkansas state income tax liability or premium tax liability of the taxpayer: (A) After all other credits and reductions in tax have been calculated; and (B) Before the credit allowed by this section is applied;

(A) After all other credits and reductions in tax have been calculated; and

(B) Before the credit allowed by this section is applied;

(3) (A) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against Arkansas state income tax for the next-succeeding tax year and annually thereafter for a total period of nine (9) years next succeeding the year in which the equity interest in a business was purchased, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first. (B) The credit allowed by this section shall not be allowed for a tax year ending after December 31, 2037;

(A) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against Arkansas state income tax for the next-succeeding tax year and annually thereafter for a total period of nine (9) years next succeeding the year in which the equity interest in a business was purchased, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first.

(B) The credit allowed by this section shall not be allowed for a tax year ending after December 31, 2037;

(4) If the total amount of credits applied for under this subchapter for the year exceed the cap stated in subsection (f) of this section, the Arkansas Economic Development Commission, when allocating credits under this subchapter for the particular applications that would exceed that cap and in order to not exceed the cap, shall first award credits to investors taking an equity interest through an equity purchase before credits may be allocated to investors that use a convertible financing structure for the investment; and

(5) An original purchaser of equity interests who seeks to qualify for the income tax credit or premium tax credit provided in this section shall obtain and attach to the income tax return or premium tax return for the years the credit is claimed a certified statement from the business stating: (A) The name and address of the original purchaser; (B) The tax identification number of the person entitled to the credit; (C) The original date of purchase of the equity interest; (D) The number and type of equity interests purchased; (E) The amount paid by the original purchaser for the equity interest; (F) The amount of the tax credit associated with the purchase of the equity interest; and (G) The amount of dividends and distributions previously paid by the business to the purchaser.

(A) The name and address of the original purchaser;

(B) The tax identification number of the person entitled to the credit;

(C) The original date of purchase of the equity interest;

(D) The number and type of equity interests purchased;

(E) The amount paid by the original purchaser for the equity interest;

(F) The amount of the tax credit associated with the purchase of the equity interest; and

(G) The amount of dividends and distributions previously paid by the business to the purchaser.

(c) (1) A transferee from an original purchaser is entitled to the tax credit described in this section only to the extent the credit is still available to and has not previously been used by the transferor. (2) A transferee of equity interests or tax credits who seeks to qualify for the income tax credit or premium tax credit provided in this section shall obtain and attach to the income tax return or premium tax return for the years the credit is claimed a certified statement from the business stating: (A) The name and address of the original purchaser and all transferees; (B) The tax identification number of all persons entitled to any portion of the original tax credit; (C) The original date the equity interest was purchased; (D) The number and type of equity interests purchased; (E) The amount paid by the original purchaser for the equity interest; (F) The amount of the tax credit associated with the purchase of the equity interest; (G) The amount of the tax credit associated with the original purchase used by all previous owners of the equity interest or tax credit and the remaining amount of the tax credit available for use by the transferee; and (H) The amount of dividends and distributions previously paid by the business to the original purchaser and all transferees.

(1) A transferee from an original purchaser is entitled to the tax credit described in this section only to the extent the credit is still available to and has not previously been used by the transferor.

(2) A transferee of equity interests or tax credits who seeks to qualify for the income tax credit or premium tax credit provided in this section shall obtain and attach to the income tax return or premium tax return for the years the credit is claimed a certified statement from the business stating: (A) The name and address of the original purchaser and all transferees; (B) The tax identification number of all persons entitled to any portion of the original tax credit; (C) The original date the equity interest was purchased; (D) The number and type of equity interests purchased; (E) The amount paid by the original purchaser for the equity interest; (F) The amount of the tax credit associated with the purchase of the equity interest; (G) The amount of the tax credit associated with the original purchase used by all previous owners of the equity interest or tax credit and the remaining amount of the tax credit available for use by the transferee; and (H) The amount of dividends and distributions previously paid by the business to the original purchaser and all transferees.

(A) The name and address of the original purchaser and all transferees;

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

(C) The original date the equity interest was purchased;

(D) The number and type of equity interests purchased;

(E) The amount paid by the original purchaser for the equity interest;

(F) The amount of the tax credit associated with the purchase of the equity interest;

(G) The amount of the tax credit associated with the original purchase used by all previous owners of the equity interest or tax credit and the remaining amount of the tax credit available for use by the transferee; and

(H) The amount of dividends and distributions previously paid by the business to the original purchaser and all transferees.

(d) (1) If the owner of an equity interest in or a tax credit issued by a company is a pass-through entity for tax purposes, such as a limited liability company or a partnership, then the owner of the pass-through entity is entitled to the tax credit described in this section. (2) If a pass-through entity entitled to a tax credit under subdivision (d)(1) of this section is owned by two (2) or more persons, then the tax credit may be allocated among the pass-through entity owners in the method selected by the owners as described in the governing documents of the pass-through entity or by other written agreement among the owners.

(1) If the owner of an equity interest in or a tax credit issued by a company is a pass-through entity for tax purposes, such as a limited liability company or a partnership, then the owner of the pass-through entity is entitled to the tax credit described in this section.

(2) If a pass-through entity entitled to a tax credit under subdivision (d)(1) of this section is owned by two (2) or more persons, then the tax credit may be allocated among the pass-through entity owners in the method selected by the owners as described in the governing documents of the pass-through entity or by other written agreement among the owners.

(e) (1) For the purpose of ascertaining the gain or loss from the sale or other disposition of an equity interest in a business, the owner of the equity interest shall reduce the owner's basis in the equity interest by the amount of cash received from selling the tax credits and the tax credits previously deducted under this section. (2) However, sale or other disposition under subdivision (e)(1) of this section does not include a transfer from the holder of an equity interest to the business in liquidation of the equity interest. (3) This reduced basis shall be used by the original purchaser or transferee when calculating tax due under the Income Tax Act of 1929, § 26-51-101 et seq.

(1) For the purpose of ascertaining the gain or loss from the sale or other disposition of an equity interest in a business, the owner of the equity interest shall reduce the owner's basis in the equity interest by the amount of cash received from selling the tax credits and the tax credits previously deducted under this section.

(2) However, sale or other disposition under subdivision (e)(1) of this section does not include a transfer from the holder of an equity interest to the business in liquidation of the equity interest.

(3) This reduced basis shall be used by the original purchaser or transferee when calculating tax due under the Income Tax Act of 1929, § 26-51-101 et seq.

(f) The total cumulative amount of tax credits available to all purchasers of equity interest in qualified businesses under this section in any calendar year shall not exceed six million two hundred fifty thousand dollars ($6,250,000).

(g) The original investor earning tax credits under this section may sell its tax credits: (1) Only one (1) time, in whole or in part, the balance of which shall be used by the original investor within the time frame allowed under this subchapter; and (2) At any time before the tax credits are exhausted or expire.

(1) Only one (1) time, in whole or in part, the balance of which shall be used by the original investor within the time frame allowed under this subchapter; and

(2) At any time before the tax credits are exhausted or expire.

Amended by Act 2019, No. 537,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 426,§ 5, eff. 8/1/2017.

Amended by Act 2015, No. 164,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 164,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 164,§ 3, eff. 7/22/2015.

Acts 2007, No. 566, § 1; 2009, No. 481, §§ 2, 3; 2011, No. 829, § 3.
Ark. Code Ann. § 15-5-1902 — AR Code / Title 15 / Chapter 5 / Subchapter 19 / Section 15-5-1902
Creation of the Student Loan Authority Division - Assumption of obligations of Arkansas Student Loan Authority
Status: in_force

(a) (1) There is established the Student Loan Authority Division of the Arkansas Development Finance Authority. (2) The division shall be the instrumentality of the state charged with a portion of the responsibility of the state to provide educational opportunities in keeping with all applicable state and federal laws. (b) The Arkansas Development Finance Authority shall employ professional and clerical assistance, including loan servicing and legal assistance, as it shall deem necessary or appropriate to properly carry out the responsibilities of the division. (c) The Arkansas Development Finance Authority may adopt such rules to be followed by the division in conducting business as necessary to carry out the purposes of this subchapter, including rules governing: (1) Compliance statutes or regulations governing the guaranty, insurance, purchase, or other dealing in guaranteed educational loans or education loans by corporations or federal agencies; and (2) Standards of eligibility for educational institutions, students, and lenders. (d) As the successor to the Arkansas Student Loan Authority, the division assumes all obligations under all contracts and debt obligations of the Arkansas Student Loan Authority that are effective or outstanding as of July 1, 2017. Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.

(a) (1) There is established the Student Loan Authority Division of the Arkansas Development Finance Authority. (2) The division shall be the instrumentality of the state charged with a portion of the responsibility of the state to provide educational opportunities in keeping with all applicable state and federal laws.

(1) There is established the Student Loan Authority Division of the Arkansas Development Finance Authority.

(2) The division shall be the instrumentality of the state charged with a portion of the responsibility of the state to provide educational opportunities in keeping with all applicable state and federal laws.

(b) The Arkansas Development Finance Authority shall employ professional and clerical assistance, including loan servicing and legal assistance, as it shall deem necessary or appropriate to properly carry out the responsibilities of the division.

(c) The Arkansas Development Finance Authority may adopt such rules to be followed by the division in conducting business as necessary to carry out the purposes of this subchapter, including rules governing: (1) Compliance statutes or regulations governing the guaranty, insurance, purchase, or other dealing in guaranteed educational loans or education loans by corporations or federal agencies; and (2) Standards of eligibility for educational institutions, students, and lenders.

(1) Compliance statutes or regulations governing the guaranty, insurance, purchase, or other dealing in guaranteed educational loans or education loans by corporations or federal agencies; and

(2) Standards of eligibility for educational institutions, students, and lenders.

(d) As the successor to the Arkansas Student Loan Authority, the division assumes all obligations under all contracts and debt obligations of the Arkansas Student Loan Authority that are effective or outstanding as of July 1, 2017.

Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.
Ark. Code Ann. § 15-33-101 — AR Code / Title 15 / Chapter 33 / Section 15-33-101
Text
Status: in_force

The Governor on behalf of this State is hereby authorized to execute a compact, in substantially the following form, with any one or more of the States of Louisiana, Mississippi, Oklahoma, and Texas, and the General Assembly hereby signifies in advance its approval and ratification of the compact: SOUTH CENTRAL INTERSTATE FOREST FIRE PROTECTION COMPACT Article I The purpose of this compact is to promote effective prevention and control of forest fires in the South Central region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member state, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other Regional Forest Fire Protection compacts or agreements, and for more adequate forest development. Article II This compact shall become operative immediately as to those states ratifying it whenever any two or more of the States of Arkansas, Louisiana, Mississippi, Oklahoma and Texas which are contiguous have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states. Article III In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement co-operation between such states in forest fire prevention and control. The compact administrators of the member states shall organize to co-ordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the House of Representatives, and the Governor of each member state shall appoint one representative who shall be the chairman of the state forestry commission or comparable official and one representative who shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote. The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states. It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators. Article IV Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home. Article V Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid. No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith; provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or an imposing liability for such negligent act or omission upon any state. All liability, except as otherwise provided herein that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state. Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost. Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. For the purpose of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof. The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states. Article VI Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services or facilities of any member state. Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state. Nothing in this compact shall be construed to affect any existing or future co-operative relationship or arrangement between the United States Forest Service and a member state or states. Article VII The compact administrators may request the United States Forest Service to act as the primary research and co-ordinating agency of the South Central Interstate Forest Fire Protection Compact in co-operation with the appropriate agencies in each state, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators. Article VIII The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region. Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact. Article IX This compact shall continue in force and remain binding on each state ratifying it until the legislature or the Governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact. Acts 1953, No. 361, § 1; A.S.A. 1947, § 9-734.

The Governor on behalf of this State is hereby authorized to execute a compact, in substantially the following form, with any one or more of the States of Louisiana, Mississippi, Oklahoma, and Texas, and the General Assembly hereby signifies in advance its approval and ratification of the compact:

SOUTH CENTRAL INTERSTATE FOREST FIRE PROTECTION COMPACT

Article I The purpose of this compact is to promote effective prevention and control of forest fires in the South Central region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member state, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other Regional Forest Fire Protection compacts or agreements, and for more adequate forest development.

The purpose of this compact is to promote effective prevention and control of forest fires in the South Central region of the United States by the development of integrated forest fire plans, by the maintenance of adequate forest fire fighting services by the member state, by providing for mutual aid in fighting forest fires among the compacting states of the region and with states which are party to other Regional Forest Fire Protection compacts or agreements, and for more adequate forest development.

Article II This compact shall become operative immediately as to those states ratifying it whenever any two or more of the States of Arkansas, Louisiana, Mississippi, Oklahoma and Texas which are contiguous have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

This compact shall become operative immediately as to those states ratifying it whenever any two or more of the States of Arkansas, Louisiana, Mississippi, Oklahoma and Texas which are contiguous have ratified it and Congress has given consent thereto. Any state not mentioned in this article which is contiguous with any member state may become a party to this compact, subject to approval by the legislature of each of the member states.

Article III In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement co-operation between such states in forest fire prevention and control. The compact administrators of the member states shall organize to co-ordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact. There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the House of Representatives, and the Governor of each member state shall appoint one representative who shall be the chairman of the state forestry commission or comparable official and one representative who shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote. The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states. It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

In each state, the state forester or officer holding the equivalent position who is responsible for forest fire control shall act as compact administrator for that state and shall consult with like officials of the other member states and shall implement co-operation between such states in forest fire prevention and control.

The compact administrators of the member states shall organize to co-ordinate the services of the member states and provide administrative integration in carrying out the purposes of this compact.

There shall be established an advisory committee of legislators, forestry commission representatives, and forestry or forest products industries representatives which shall meet from time to time with the compact administrators. Each member state shall name one member of the Senate and one member of the House of Representatives, and the Governor of each member state shall appoint one representative who shall be the chairman of the state forestry commission or comparable official and one representative who shall be associated with forestry or forest products industries to comprise the membership of the advisory committee. Action shall be taken by a majority of the compacting states, and each state shall be entitled to one vote.

The compact administrators shall formulate and, in accordance with need, from time to time, revise a regional forest fire plan for the member states.

It shall be the duty of each member state to formulate and put in effect a forest fire plan for that state and take such measures as may be necessary to integrate such forest fire plan with the regional forest fire plan formulated by the compact administrators.

Article IV Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Whenever the state forest fire control agency of a member state requests aid from the state forest fire control agency of any other member state in combating, controlling or preventing forest fires, it shall be the duty of the state forest fire control agency of that state to render all possible aid to the requesting agency which is consonant with the maintenance of protection at home.

Article V Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid. No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith; provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or an imposing liability for such negligent act or omission upon any state. All liability, except as otherwise provided herein that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state. Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost. Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state. For the purpose of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof. The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Whenever the forces of any member state are rendering outside aid pursuant to the request of another member state under this compact, the employees of such state shall, under the direction of the officers of the state to which they are rendering aid have the same powers (except the power of arrest), duties, rights, privileges and immunities as comparable employees of the state to which they are rendering aid.

No member state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on the part of such forces while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith; provided, that nothing herein shall be construed as relieving any person from liability for his own negligent act or omission, or an imposing liability for such negligent act or omission upon any state.

All liability, except as otherwise provided herein that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

Any member state rendering outside aid pursuant to this compact shall be reimbursed by the member state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation, wages, salaries, and maintenance of employees and equipment incurred in connection with such request. Provided, that nothing herein contained shall prevent any assisting member state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such service to the receiving member state without charge or cost.

Each member state shall provide for the payment of compensation and death benefits to injured employees and the representatives of deceased employees in case employees sustain injuries or are killed while rendering outside aid to this compact, in the same manner and on the same terms as if the injury or death were sustained within such state.

For the purpose of this compact the term employee shall include any volunteer or auxiliary legally included within the forest fire fighting forces of the aiding state under the laws thereof.

The compact administrators shall formulate procedures for claims and reimbursement under the provisions of this article, in accordance with the laws of the member states.

Article VI Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services or facilities of any member state. Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state. Nothing in this compact shall be construed to affect any existing or future co-operative relationship or arrangement between the United States Forest Service and a member state or states.

Ratification of this compact shall not be construed to affect any existing statute so as to authorize or permit curtailment or diminution of the forest fire fighting forces, equipment, services or facilities of any member state.

Nothing in this compact shall be construed to limit or restrict the powers of any state ratifying the same to provide for the prevention, control and extinguishment of forest fires, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to aid in such prevention, control and extinguishment in such state.

Nothing in this compact shall be construed to affect any existing or future co-operative relationship or arrangement between the United States Forest Service and a member state or states.

Article VII The compact administrators may request the United States Forest Service to act as the primary research and co-ordinating agency of the South Central Interstate Forest Fire Protection Compact in co-operation with the appropriate agencies in each state, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators.

The compact administrators may request the United States Forest Service to act as the primary research and co-ordinating agency of the South Central Interstate Forest Fire Protection Compact in co-operation with the appropriate agencies in each state, and the United States Forest Service may accept the initial responsibility in preparing and presenting to the compact administrators its recommendations with respect to the regional fire plan. Representatives of the United States Forest Service may attend meetings of the compact administrators.

Article VIII The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region. Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

The provisions of Articles IV and V of this compact which relate to mutual aid in combating, controlling or preventing forest fires shall be operative as between any state party to this compact and any other state which is party to a regional forest fire protection compact in another region. Provided, that the legislature of such other state shall have given its assent to such mutual aid provisions of this compact.

Article IX This compact shall continue in force and remain binding on each state ratifying it until the legislature or the Governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

This compact shall continue in force and remain binding on each state ratifying it until the legislature or the Governor of such state takes action to withdraw therefrom. Such action shall not be effective until six months after notice thereof has been sent by the chief executive of the state desiring to withdraw to the chief executives of all states then parties to the compact.

Acts 1953, No. 361, § 1; A.S.A. 1947, § 9-734.
Ark. Code Ann. § 15-4-3903 — AR Code / Title 15 / Chapter 4 / Subchapter 39 / Section 15-4-3903
Definitions
Status: in_force

As used in this subchapter: (1) "City" means a city of the first class, a city of the second class, or an incorporated town in this state; (2) "Economic development organization" means a business entity: (A) In good standing with the Secretary of State; and (B) Formed to promote community development and economic development in a geographic area within this state; (3) "Eligible applicant" means: (A) A city; (B) A county; (C) An economic development organization; (D) A military community council; (E) A military installation; or (F) A state agency; (4) "Military community council" means a business entity: (A) In good standing with the Secretary of State; and (B) Formed to promote cooperation between military and civilian components of a designated geographic area within this state through the adoption and implementation of matters of joint interest to a military installation and the surrounding community by establishing and maintaining: (i) Necessary infrastructure; (ii) Safe and secure communities; and (iii) Support services; and (5) (A) "Military installation" means a facility located in this state that is under the jurisdiction of the United States Department of Defense or the Department of the Military, including without limitation a: (i) Base; (ii) Camp; (iii) Post; (iv) Station; (v) Yard; (vi) Center; or (vii) Homeport facility for any ship. (B) "Military installation" does not include a facility used primarily for: (i) National Guard armories; (ii) Civil works; (iii) Rivers and harbors projects; or (iv) Flood control projects. Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.

As used in this subchapter:

(1) "City" means a city of the first class, a city of the second class, or an incorporated town in this state;

(2) "Economic development organization" means a business entity: (A) In good standing with the Secretary of State; and (B) Formed to promote community development and economic development in a geographic area within this state;

(A) In good standing with the Secretary of State; and

(B) Formed to promote community development and economic development in a geographic area within this state;

(3) "Eligible applicant" means: (A) A city; (B) A county; (C) An economic development organization; (D) A military community council; (E) A military installation; or (F) A state agency;

(A) A city;

(B) A county;

(C) An economic development organization;

(D) A military community council;

(E) A military installation; or

(F) A state agency;

(4) "Military community council" means a business entity: (A) In good standing with the Secretary of State; and (B) Formed to promote cooperation between military and civilian components of a designated geographic area within this state through the adoption and implementation of matters of joint interest to a military installation and the surrounding community by establishing and maintaining: (i) Necessary infrastructure; (ii) Safe and secure communities; and (iii) Support services; and

(A) In good standing with the Secretary of State; and

(B) Formed to promote cooperation between military and civilian components of a designated geographic area within this state through the adoption and implementation of matters of joint interest to a military installation and the surrounding community by establishing and maintaining: (i) Necessary infrastructure; (ii) Safe and secure communities; and (iii) Support services; and

(i) Necessary infrastructure;

(ii) Safe and secure communities; and

(iii) Support services; and

(5) (A) "Military installation" means a facility located in this state that is under the jurisdiction of the United States Department of Defense or the Department of the Military, including without limitation a: (i) Base; (ii) Camp; (iii) Post; (iv) Station; (v) Yard; (vi) Center; or (vii) Homeport facility for any ship. (B) "Military installation" does not include a facility used primarily for: (i) National Guard armories; (ii) Civil works; (iii) Rivers and harbors projects; or (iv) Flood control projects.

(A) "Military installation" means a facility located in this state that is under the jurisdiction of the United States Department of Defense or the Department of the Military, including without limitation a: (i) Base; (ii) Camp; (iii) Post; (iv) Station; (v) Yard; (vi) Center; or (vii) Homeport facility for any ship.

(i) Base;

(ii) Camp;

(iii) Post;

(iv) Station;

(v) Yard;

(vi) Center; or

(vii) Homeport facility for any ship.

(B) "Military installation" does not include a facility used primarily for: (i) National Guard armories; (ii) Civil works; (iii) Rivers and harbors projects; or (iv) Flood control projects.

(i) National Guard armories;

(ii) Civil works;

(iii) Rivers and harbors projects; or

(iv) Flood control projects.

Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.
Ark. Code Ann. § 15-11-202 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-202
Members generally
Status: in_force

(a) The State Parks, Recreation, and Travel Commission shall consist of fifteen (15) regular members, of whom at least: (1) One (1) is active in media, including without limitation newspaper, television, radio, internet, or the video service provider industry; (2) Seven (7) have primary occupations in tourism, including without limitation: (A) Persons having occupations in the recreational or travel field of endeavor; and (B) Owners or operators of food service, lodging, or travel-oriented businesses such as boat docks, marinas, theme parks, camp grounds, tourist resorts, caves, caverns, highway gift shops, and firms commonly known as tourist attractions; (3) Five (5) are from the public at large; (4) One (1) is a representative of either employment or avocation in recreation and conservation; and (5) One (1) is sixty (60) years of age or older, serving as a representative of the elderly who shall not be actively engaged in or retired from the professions set out in subdivisions (a)(1), (2), and (4) of this section. (b) [Repealed.] (c) Each member of the commission shall be: (1) A resident elector of this state; and (2) Appointed by the Governor by and with the advice and consent of the Senate. (d) Each of the four (4) congressional districts of the state shall be represented on the membership of the commission. (e) (1) All members appointed to the commission shall be appointed for terms of six (6) years. (2) The term of office shall commence on January 15 following the expiration date and shall end on January 14 of the sixth year following the year in which the regular term commenced. (f) Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which members were appointed shall be filled by appointment by the Governor and be thereafter effective until the expiration of their regular terms, subject, however, to the confirmation of the Senate. (g) Before entering upon his or her respective duties, each member of the commission shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (h) Members of the commission shall not receive compensation for their services but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 631,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 631,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 794,§ 20, eff. 4/12/2023. Amended by Act 2015, No. 744,§ 1, eff. 1/1/2016. Amended by Act 2015, No. 17,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 141,§ 1, eff. 8/16/2013. Acts 1955, No. 330, §§ 1-3, 6; 1969, No. 85, § 1; 1971, No. 86, § 1; 1973, No. 819, § 1; 1975, No. 132, §§ 1-3; 1975, No. 272, § 3; 1975, No. 478, § 3; 1975 (Extended Sess., 1976), No. 1076, § 1; 1979, No. 684, § 1; 1981, No. 638, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 465, §§ 1, 2; 1985, No. 935, § 1; A.S.A. 1947, §§ 6-616, 6-623 -- 6-626, 9-202, 9-203 -- 9-203.4, 9-204, 9-207; reen. Acts 1987, No. 862, § 1; reen. 1987, No. 868, § 1; 1997, No. 250, § 102; 2011, No. 637, § 1.

(a) The State Parks, Recreation, and Travel Commission shall consist of fifteen (15) regular members, of whom at least: (1) One (1) is active in media, including without limitation newspaper, television, radio, internet, or the video service provider industry; (2) Seven (7) have primary occupations in tourism, including without limitation: (A) Persons having occupations in the recreational or travel field of endeavor; and (B) Owners or operators of food service, lodging, or travel-oriented businesses such as boat docks, marinas, theme parks, camp grounds, tourist resorts, caves, caverns, highway gift shops, and firms commonly known as tourist attractions; (3) Five (5) are from the public at large; (4) One (1) is a representative of either employment or avocation in recreation and conservation; and (5) One (1) is sixty (60) years of age or older, serving as a representative of the elderly who shall not be actively engaged in or retired from the professions set out in subdivisions (a)(1), (2), and (4) of this section.

(1) One (1) is active in media, including without limitation newspaper, television, radio, internet, or the video service provider industry;

(2) Seven (7) have primary occupations in tourism, including without limitation: (A) Persons having occupations in the recreational or travel field of endeavor; and (B) Owners or operators of food service, lodging, or travel-oriented businesses such as boat docks, marinas, theme parks, camp grounds, tourist resorts, caves, caverns, highway gift shops, and firms commonly known as tourist attractions;

(A) Persons having occupations in the recreational or travel field of endeavor; and

(B) Owners or operators of food service, lodging, or travel-oriented businesses such as boat docks, marinas, theme parks, camp grounds, tourist resorts, caves, caverns, highway gift shops, and firms commonly known as tourist attractions;

(3) Five (5) are from the public at large;

(4) One (1) is a representative of either employment or avocation in recreation and conservation; and

(5) One (1) is sixty (60) years of age or older, serving as a representative of the elderly who shall not be actively engaged in or retired from the professions set out in subdivisions (a)(1), (2), and (4) of this section.

(b) [Repealed.]

(c) Each member of the commission shall be: (1) A resident elector of this state; and (2) Appointed by the Governor by and with the advice and consent of the Senate.

(1) A resident elector of this state; and

(2) Appointed by the Governor by and with the advice and consent of the Senate.

(d) Each of the four (4) congressional districts of the state shall be represented on the membership of the commission.

(e) (1) All members appointed to the commission shall be appointed for terms of six (6) years. (2) The term of office shall commence on January 15 following the expiration date and shall end on January 14 of the sixth year following the year in which the regular term commenced.

(1) All members appointed to the commission shall be appointed for terms of six (6) years.

(2) The term of office shall commence on January 15 following the expiration date and shall end on January 14 of the sixth year following the year in which the regular term commenced.

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

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

(h) Members of the commission shall not receive compensation for their services but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2023, No. 631,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 631,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 794,§ 20, eff. 4/12/2023.

Amended by Act 2015, No. 744,§ 1, eff. 1/1/2016.

Amended by Act 2015, No. 17,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 141,§ 1, eff. 8/16/2013.

Acts 1955, No. 330, §§ 1-3, 6; 1969, No. 85, § 1; 1971, No. 86, § 1; 1973, No. 819, § 1; 1975, No. 132, §§ 1-3; 1975, No. 272, § 3; 1975, No. 478, § 3; 1975 (Extended Sess., 1976), No. 1076, § 1; 1979, No. 684, § 1; 1981, No. 638, § 1; 1983, No. 131, §§ 1-3, 5; 1983, No. 135, §§ 1-3, 5; 1985, No. 465, §§ 1, 2; 1985, No. 935, § 1; A.S.A. 1947, §§ 6-616, 6-623 -- 6-626, 9-202, 9-203 -- 9-203.4, 9-204, 9-207; reen. Acts 1987, No. 862, § 1; reen. 1987, No. 868, § 1; 1997, No. 250, § 102; 2011, No. 637, § 1.
Ark. Code Ann. § 15-11-509 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-509
Tourism attraction project income tax credit
Status: in_force

(a) Tourism attraction projects meeting the eligibility requirements under § 15-11-503(14)(A) are entitled to receive an income tax credit based upon a percentage of the payroll of the new full-time permanent employees working at the tourism attraction project. (b) Upon notification from the Director of the Arkansas Economic Development Commission that an approved company has entered into a tourism attraction project agreement and is entitled to the income tax credit provided by this section, the Secretary of the Department of Finance and Administration shall provide the approved company with such forms and instructions as are necessary to claim those credits. (c) (1) The approved company shall certify the number and payroll of the new full-time permanent employees to the Revenue Division of the Department of Finance and Administration. (2) Upon certification by the approved company, the Department of Finance and Administration shall authorize an income tax credit equal to four percent (4%) of the payroll of the new full-time permanent employees of the approved tourism attraction project qualifying for benefits under this act. (d) To be counted as a net new full-time permanent employee for the purpose of qualifying for the tax credits provided by this section, the employee in the position or job must have been an Arkansas taxpayer during the year in which the tax credits were earned. (e) In the event it is found that any approved company receiving the benefits contained in this section has failed to comply with the conditions contained in this act, that approved company shall be disqualified from receiving any further benefits under this act and shall be liable for payment of such additional income taxes as may be due after the income tax credits provided for in this section are disallowed, plus interest. (f) If the department determines that an approved company is no longer qualified to participate in this act, the department shall decertify the approved company. Any approved company so decertified shall not receive any benefits under this act. (g) For tourism attraction projects receiving final approval after March 1, 1999, the credit may be applied against the approved company's income tax liability for the succeeding nine (9) years or until the credit is entirely used, whichever occurs first. Amended by Act 2019, No. 910,§ 463, eff. 7/1/2019. Acts 1999, No. 1135, § 5; 2001, No. 899, § 3; 2005, No. 2308, § 6.

(a) Tourism attraction projects meeting the eligibility requirements under § 15-11-503(14)(A) are entitled to receive an income tax credit based upon a percentage of the payroll of the new full-time permanent employees working at the tourism attraction project.

(b) Upon notification from the Director of the Arkansas Economic Development Commission that an approved company has entered into a tourism attraction project agreement and is entitled to the income tax credit provided by this section, the Secretary of the Department of Finance and Administration shall provide the approved company with such forms and instructions as are necessary to claim those credits.

(c) (1) The approved company shall certify the number and payroll of the new full-time permanent employees to the Revenue Division of the Department of Finance and Administration. (2) Upon certification by the approved company, the Department of Finance and Administration shall authorize an income tax credit equal to four percent (4%) of the payroll of the new full-time permanent employees of the approved tourism attraction project qualifying for benefits under this act.

(1) The approved company shall certify the number and payroll of the new full-time permanent employees to the Revenue Division of the Department of Finance and Administration.

(2) Upon certification by the approved company, the Department of Finance and Administration shall authorize an income tax credit equal to four percent (4%) of the payroll of the new full-time permanent employees of the approved tourism attraction project qualifying for benefits under this act.

(d) To be counted as a net new full-time permanent employee for the purpose of qualifying for the tax credits provided by this section, the employee in the position or job must have been an Arkansas taxpayer during the year in which the tax credits were earned.

(e) In the event it is found that any approved company receiving the benefits contained in this section has failed to comply with the conditions contained in this act, that approved company shall be disqualified from receiving any further benefits under this act and shall be liable for payment of such additional income taxes as may be due after the income tax credits provided for in this section are disallowed, plus interest.

(f) If the department determines that an approved company is no longer qualified to participate in this act, the department shall decertify the approved company. Any approved company so decertified shall not receive any benefits under this act.

(g) For tourism attraction projects receiving final approval after March 1, 1999, the credit may be applied against the approved company's income tax liability for the succeeding nine (9) years or until the credit is entirely used, whichever occurs first.

Amended by Act 2019, No. 910,§ 463, eff. 7/1/2019.

Acts 1999, No. 1135, § 5; 2001, No. 899, § 3; 2005, No. 2308, § 6.
Ark. Code Ann. § 15-20-702 — AR Code / Title 15 / Chapter 20 / Subchapter 7 / Section 15-20-702
Policy
Status: in_force

It is the policy of the State of Arkansas to: (1) Preserve, manage, and enhance the scenic beauty of lands and rights-of-way owned or administered by state agencies; (2) Encourage local, regional, and federal governmental agencies to give priority to landscape protection and enhancement; and (3) Direct state agencies to assist private organizations and individuals in the preservation of the state's natural beauty. Acts 1991, No. 999, § 2.

It is the policy of the State of Arkansas to:

(1) Preserve, manage, and enhance the scenic beauty of lands and rights-of-way owned or administered by state agencies;

(2) Encourage local, regional, and federal governmental agencies to give priority to landscape protection and enhancement; and

(3) Direct state agencies to assist private organizations and individuals in the preservation of the state's natural beauty.

Acts 1991, No. 999, § 2.
Ark. Code Ann. § 15-20-1006 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1006
Procedure
Status: in_force

(a) The process for the development of rules and the imposition of administrative penalties shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) Any records collected by the Arkansas Natural Resources Commission in furtherance of this subchapter that contain information about a specific nutrient management plan or specific nutrient application shall not be made public record. Amended by Act 2019, No. 315,§ 1120, eff. 7/24/2019. Acts 2003, No. 1059, § 1.

(a) The process for the development of rules and the imposition of administrative penalties shall be conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) Any records collected by the Arkansas Natural Resources Commission in furtherance of this subchapter that contain information about a specific nutrient management plan or specific nutrient application shall not be made public record.

Amended by Act 2019, No. 315,§ 1120, eff. 7/24/2019.

Acts 2003, No. 1059, § 1.
Ark. Code Ann. § 15-4-1009 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1009
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 16; A.S.A. 1947, § 67-1642; Acts 2003, No. 860, § 4.

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

Acts 1985, No. 410, § 16; A.S.A. 1947, § 67-1642; Acts 2003, No. 860, § 4.
Ark. Code Ann. § 15-42-106 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-106
Resident fishing license - Requirement
Status: in_force

(a) It shall be unlawful for any resident person to take or attempt to take fish by means of artificial bait or lures in this state without first procuring an annual resident fishing license. (b) It shall also be unlawful for any person more than sixteen (16) years of age who is a resident of this state to take or attempt to take fish by means of net seines or gigs without first procuring a resident fishing license. Acts 1943, No. 146, § 11; 1963, No. 532, § 1; A.S.A. 1947, § 47-208.

(a) It shall be unlawful for any resident person to take or attempt to take fish by means of artificial bait or lures in this state without first procuring an annual resident fishing license.

(b) It shall also be unlawful for any person more than sixteen (16) years of age who is a resident of this state to take or attempt to take fish by means of net seines or gigs without first procuring a resident fishing license.

Acts 1943, No. 146, § 11; 1963, No. 532, § 1; A.S.A. 1947, § 47-208.
Ark. Code Ann. § 15-4-922 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-922
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 17; A.S.A. 1947, § 67-1617.

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

Acts 1957, No. 567, § 17; A.S.A. 1947, § 67-1617.
Ark. Code Ann. § 15-10-903 — AR Code / Title 15 / Chapter 10 / Subchapter 9 / Section 15-10-903
Rebate for refueling stations
Status: in_force

(a) (1) The Arkansas Energy Office of the Division of Environmental Quality may offer a rebate for each approved private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, and liquefied petroleum gas refueling station that is: (A) Not more than seventy-five percent (75%) of the qualifying costs of the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station, not to exceed four hundred thousand dollars ($400,000); (B) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the private electric vehicle charging station, not to exceed nine hundred dollars ($900); or (C) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the public electric vehicle charging station, not to exceed five thousand dollars ($5,000). (2) The Director of the Division of Environmental Quality may increase the rebate percentages listed under subdivision (a)(1) of this section if the increase is designated or authorized by a funding source approved by a federal settlement or state settlement. (b) A rebate offered under this section does not apply to any of the following: (1) The cost of land for the private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station; (2) The cost of any buildings for the private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station; and (3) Any costs not directly associated with the compression, storage, or dispensing of compressed natural gas, or the storage and dispensing of liquefied natural gas or liquefied petroleum gas, or the dispensing of electricity. (c) To be eligible for a rebate under this section, a person or entity shall complete and submit an application for the rebate on the forms prescribed by the office. (d) The office shall ensure that the following criteria are met before providing a rebate under this section: (1) The applicant is registered as a business entity in good standing with the Secretary of State; (2) The dispenser at the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station has been inspected and certified by the State Division of Weights and Measures of the Arkansas Bureau of Standards of the State Plant Board or a registered service agency of the division; (3) The dispenser at the private electric vehicle charging station or public electric vehicle charging station has been inspected and is in compliance with the rules promulgated by the office and any other applicable laws; (4) The applicant for a rebate on a compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station meets the siting requirements stated in the National Fire Protection Association's NFPA 52: Vehicular Natural Gas Fuel Systems Code, 2016 Edition; and (5) The applicant for a rebate on a private electric vehicle charging station or public electric vehicle charging station meets the siting requirements stated in the National Fire Protection Association's NFPA 70: National Electrical Code, 2017 Edition. Amended by Act 2019, No. 910,§ 3059, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3058, eff. 7/1/2019. Amended by Act 2017, No. 851,§ 9, eff. 8/1/2017. Amended by Act 2015, No. 1149,§ 8, eff. 7/22/2015. Amended by Act 2015, No. 1149,§ 7, eff. 7/22/2015. Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.

(a) (1) The Arkansas Energy Office of the Division of Environmental Quality may offer a rebate for each approved private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, and liquefied petroleum gas refueling station that is: (A) Not more than seventy-five percent (75%) of the qualifying costs of the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station, not to exceed four hundred thousand dollars ($400,000); (B) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the private electric vehicle charging station, not to exceed nine hundred dollars ($900); or (C) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the public electric vehicle charging station, not to exceed five thousand dollars ($5,000). (2) The Director of the Division of Environmental Quality may increase the rebate percentages listed under subdivision (a)(1) of this section if the increase is designated or authorized by a funding source approved by a federal settlement or state settlement.

(1) The Arkansas Energy Office of the Division of Environmental Quality may offer a rebate for each approved private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, and liquefied petroleum gas refueling station that is: (A) Not more than seventy-five percent (75%) of the qualifying costs of the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station, not to exceed four hundred thousand dollars ($400,000); (B) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the private electric vehicle charging station, not to exceed nine hundred dollars ($900); or (C) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the public electric vehicle charging station, not to exceed five thousand dollars ($5,000).

(A) Not more than seventy-five percent (75%) of the qualifying costs of the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station, not to exceed four hundred thousand dollars ($400,000);

(B) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the private electric vehicle charging station, not to exceed nine hundred dollars ($900); or

(C) Not more than fifty percent (50%) of the eligible equipment purchase and installation cost of the public electric vehicle charging station, not to exceed five thousand dollars ($5,000).

(2) The Director of the Division of Environmental Quality may increase the rebate percentages listed under subdivision (a)(1) of this section if the increase is designated or authorized by a funding source approved by a federal settlement or state settlement.

(b) A rebate offered under this section does not apply to any of the following: (1) The cost of land for the private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station; (2) The cost of any buildings for the private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station; and (3) Any costs not directly associated with the compression, storage, or dispensing of compressed natural gas, or the storage and dispensing of liquefied natural gas or liquefied petroleum gas, or the dispensing of electricity.

(1) The cost of land for the private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station;

(2) The cost of any buildings for the private electric vehicle charging station, public electric vehicle charging station, compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station; and

(3) Any costs not directly associated with the compression, storage, or dispensing of compressed natural gas, or the storage and dispensing of liquefied natural gas or liquefied petroleum gas, or the dispensing of electricity.

(c) To be eligible for a rebate under this section, a person or entity shall complete and submit an application for the rebate on the forms prescribed by the office.

(d) The office shall ensure that the following criteria are met before providing a rebate under this section: (1) The applicant is registered as a business entity in good standing with the Secretary of State; (2) The dispenser at the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station has been inspected and certified by the State Division of Weights and Measures of the Arkansas Bureau of Standards of the State Plant Board or a registered service agency of the division; (3) The dispenser at the private electric vehicle charging station or public electric vehicle charging station has been inspected and is in compliance with the rules promulgated by the office and any other applicable laws; (4) The applicant for a rebate on a compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station meets the siting requirements stated in the National Fire Protection Association's NFPA 52: Vehicular Natural Gas Fuel Systems Code, 2016 Edition; and (5) The applicant for a rebate on a private electric vehicle charging station or public electric vehicle charging station meets the siting requirements stated in the National Fire Protection Association's NFPA 70: National Electrical Code, 2017 Edition.

(1) The applicant is registered as a business entity in good standing with the Secretary of State;

(2) The dispenser at the compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station has been inspected and certified by the State Division of Weights and Measures of the Arkansas Bureau of Standards of the State Plant Board or a registered service agency of the division;

(3) The dispenser at the private electric vehicle charging station or public electric vehicle charging station has been inspected and is in compliance with the rules promulgated by the office and any other applicable laws;

(4) The applicant for a rebate on a compressed natural gas refueling station, liquefied natural gas refueling station, or liquefied petroleum gas refueling station meets the siting requirements stated in the National Fire Protection Association's NFPA 52: Vehicular Natural Gas Fuel Systems Code, 2016 Edition; and

(5) The applicant for a rebate on a private electric vehicle charging station or public electric vehicle charging station meets the siting requirements stated in the National Fire Protection Association's NFPA 70: National Electrical Code, 2017 Edition.

Amended by Act 2019, No. 910,§ 3059, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3058, eff. 7/1/2019.

Amended by Act 2017, No. 851,§ 9, eff. 8/1/2017.

Amended by Act 2015, No. 1149,§ 8, eff. 7/22/2015.

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

Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-5-1304 — AR Code / Title 15 / Chapter 5 / Subchapter 13 / Section 15-5-1304
Tax credits authorized - Amount allowed annually - Exceeded when - Upper limits set - Carryover permitted
Status: in_force

(a) (1) For proposals approved under § 15-5-1303 , the amount of the tax credit shall not exceed thirty percent (30%) of the total amount invested in affordable housing assistance activities by a business firm. (2) Any tax credit not used in the period for which the credit was approved may be carried forward to any of the five (5) subsequent taxable years until the full credit has been allowed. (3) The total amount of tax credits granted for programs approved under § 15-5-1303 shall not exceed seven hundred fifty thousand dollars ($750,000) in any taxable year. (4) For taxable year 1997, at least one-half (1/2) of the tax credits shall be designated by the Arkansas Development Finance Authority to the affordable housing assistance activities in counties declared disaster areas by the Governor. (b) (1) For any year during the compliance period indicated in the land-use restriction agreement, the owner of the rental affordable housing units for which a credit is being claimed shall certify to the authority that all tenants renting claimed affordable housing units are income-eligible for the affordable housing units and that the rentals for each claimed affordable housing unit are affordable in compliance with the provisions of § 15-5-1302 . (2) The authority is authorized, in its discretion, to audit the records and the accounts of the owner to verify the certification. (c) (1) In the case of owner-occupied affordable housing units, the qualifying owner-occupant, before the end of the first year in which credits are claimed, shall certify to the authority that the occupant is income eligible during the preceding two (2) years and at the time of the initial purchase contract, but not thereafter. (2) The qualifying owner-occupant shall further certify to the authority before the end of the first year in which credits are claimed that during the compliance period indicated in the land-use restriction agreement, the cost of the affordable housing unit to the occupant for the claimed affordable housing unit can reasonably be projected to be in compliance with the provisions of § 15-5-1302 . (3) Any succeeding owner-occupant acquiring the affordable housing unit during the compliance period indicated in the land-use restriction agreement shall make the same certification. Acts 1997, No. 1331, § 4.

(a) (1) For proposals approved under § 15-5-1303 , the amount of the tax credit shall not exceed thirty percent (30%) of the total amount invested in affordable housing assistance activities by a business firm. (2) Any tax credit not used in the period for which the credit was approved may be carried forward to any of the five (5) subsequent taxable years until the full credit has been allowed. (3) The total amount of tax credits granted for programs approved under § 15-5-1303 shall not exceed seven hundred fifty thousand dollars ($750,000) in any taxable year. (4) For taxable year 1997, at least one-half (1/2) of the tax credits shall be designated by the Arkansas Development Finance Authority to the affordable housing assistance activities in counties declared disaster areas by the Governor.

(1) For proposals approved under § 15-5-1303 , the amount of the tax credit shall not exceed thirty percent (30%) of the total amount invested in affordable housing assistance activities by a business firm.

(2) Any tax credit not used in the period for which the credit was approved may be carried forward to any of the five (5) subsequent taxable years until the full credit has been allowed.

(3) The total amount of tax credits granted for programs approved under § 15-5-1303 shall not exceed seven hundred fifty thousand dollars ($750,000) in any taxable year.

(4) For taxable year 1997, at least one-half (1/2) of the tax credits shall be designated by the Arkansas Development Finance Authority to the affordable housing assistance activities in counties declared disaster areas by the Governor.

(b) (1) For any year during the compliance period indicated in the land-use restriction agreement, the owner of the rental affordable housing units for which a credit is being claimed shall certify to the authority that all tenants renting claimed affordable housing units are income-eligible for the affordable housing units and that the rentals for each claimed affordable housing unit are affordable in compliance with the provisions of § 15-5-1302 . (2) The authority is authorized, in its discretion, to audit the records and the accounts of the owner to verify the certification.

(1) For any year during the compliance period indicated in the land-use restriction agreement, the owner of the rental affordable housing units for which a credit is being claimed shall certify to the authority that all tenants renting claimed affordable housing units are income-eligible for the affordable housing units and that the rentals for each claimed affordable housing unit are affordable in compliance with the provisions of § 15-5-1302 .

(2) The authority is authorized, in its discretion, to audit the records and the accounts of the owner to verify the certification.

(c) (1) In the case of owner-occupied affordable housing units, the qualifying owner-occupant, before the end of the first year in which credits are claimed, shall certify to the authority that the occupant is income eligible during the preceding two (2) years and at the time of the initial purchase contract, but not thereafter. (2) The qualifying owner-occupant shall further certify to the authority before the end of the first year in which credits are claimed that during the compliance period indicated in the land-use restriction agreement, the cost of the affordable housing unit to the occupant for the claimed affordable housing unit can reasonably be projected to be in compliance with the provisions of § 15-5-1302 . (3) Any succeeding owner-occupant acquiring the affordable housing unit during the compliance period indicated in the land-use restriction agreement shall make the same certification.

(1) In the case of owner-occupied affordable housing units, the qualifying owner-occupant, before the end of the first year in which credits are claimed, shall certify to the authority that the occupant is income eligible during the preceding two (2) years and at the time of the initial purchase contract, but not thereafter.

(2) The qualifying owner-occupant shall further certify to the authority before the end of the first year in which credits are claimed that during the compliance period indicated in the land-use restriction agreement, the cost of the affordable housing unit to the occupant for the claimed affordable housing unit can reasonably be projected to be in compliance with the provisions of § 15-5-1302 .

(3) Any succeeding owner-occupant acquiring the affordable housing unit during the compliance period indicated in the land-use restriction agreement shall make the same certification.

Acts 1997, No. 1331, § 4.
Ark. Code Ann. § 15-20-1313 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1313
Refunding bonds
Status: in_force

(a) (1) Bonds may be issued under this subchapter to refund any outstanding bonds issued under this subchapter or to refund any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act. (2) Bonds issued under this section: (A) Do not require the commission to submit a written plan to the Governor under § 15-20-1303(c) ; and (B) Are not subject to the requirements for the approval and proclamation of the Governor under § 15-20-1303(d) . (b) (1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (2) If sold for cash, the proceeds may be applied to the payment of the obligations refunded or may be deposited in irrevocable trust for the retirement of the outstanding obligations either at maturity or on an authorized redemption date. (c) (1) Refunding bonds shall in all respects be authorized, issued, and secured as provided for the bonds being refunded and shall have all the attributes of the refunded bonds. (2) To the extent that the refunding bonds are not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the limit of three hundred million dollars ($300,000,000) set forth in § 15-20-1303(a) or the limit of sixty million dollars ($60,000,000) set forth in § 15-20-1303(b) . (d) The resolution or trust indenture under which the refunding bonds are issued shall provide that any refunding bonds shall have the same priority of payment as the obligations refunded. Acts 2007, No. 631, § 1.

(a) (1) Bonds may be issued under this subchapter to refund any outstanding bonds issued under this subchapter or to refund any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act. (2) Bonds issued under this section: (A) Do not require the commission to submit a written plan to the Governor under § 15-20-1303(c) ; and (B) Are not subject to the requirements for the approval and proclamation of the Governor under § 15-20-1303(d) .

(1) Bonds may be issued under this subchapter to refund any outstanding bonds issued under this subchapter or to refund any outstanding bonds of the Arkansas Natural Resources Commission issued pursuant to the prior act.

(2) Bonds issued under this section: (A) Do not require the commission to submit a written plan to the Governor under § 15-20-1303(c) ; and (B) Are not subject to the requirements for the approval and proclamation of the Governor under § 15-20-1303(d) .

(A) Do not require the commission to submit a written plan to the Governor under § 15-20-1303(c) ; and

(B) Are not subject to the requirements for the approval and proclamation of the Governor under § 15-20-1303(d) .

(b) (1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (2) If sold for cash, the proceeds may be applied to the payment of the obligations refunded or may be deposited in irrevocable trust for the retirement of the outstanding obligations either at maturity or on an authorized redemption date.

(1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations.

(2) If sold for cash, the proceeds may be applied to the payment of the obligations refunded or may be deposited in irrevocable trust for the retirement of the outstanding obligations either at maturity or on an authorized redemption date.

(c) (1) Refunding bonds shall in all respects be authorized, issued, and secured as provided for the bonds being refunded and shall have all the attributes of the refunded bonds. (2) To the extent that the refunding bonds are not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the limit of three hundred million dollars ($300,000,000) set forth in § 15-20-1303(a) or the limit of sixty million dollars ($60,000,000) set forth in § 15-20-1303(b) .

(1) Refunding bonds shall in all respects be authorized, issued, and secured as provided for the bonds being refunded and shall have all the attributes of the refunded bonds.

(2) To the extent that the refunding bonds are not in a greater principal amount than the outstanding principal amount of the bonds being refunded, the principal amount of the refunding bonds shall not be subject to the limit of three hundred million dollars ($300,000,000) set forth in § 15-20-1303(a) or the limit of sixty million dollars ($60,000,000) set forth in § 15-20-1303(b) .

(d) The resolution or trust indenture under which the refunding bonds are issued shall provide that any refunding bonds shall have the same priority of payment as the obligations refunded.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-22-401 — AR Code / Title 15 / Chapter 22 / Subchapter 4 / Section 15-22-401
Scope
Status: in_force

This subchapter applies to artesian wells abandoned before March 29, 1949. Amended by Act 2017, No. 374,§ 31, eff. 8/1/2017. Acts 1949, No. 478, § 8; A.S.A. 1947, § 21-1108.

This subchapter applies to artesian wells abandoned before March 29, 1949.

Amended by Act 2017, No. 374,§ 31, eff. 8/1/2017.

Acts 1949, No. 478, § 8; A.S.A. 1947, § 21-1108.
Ark. Code Ann. § 15-11-803 — AR Code / Title 15 / Chapter 11 / Subchapter 8 / Section 15-11-803
Eligibility for Arkansas Great Places Program - Definition
Status: in_force

(a) As used in this subchapter, "eligible organization" means: (1) A county; (2) A municipality or incorporated town; or (3) A nonprofit organization. (b) An eligible organization may apply to the Department of Parks, Heritage, and Tourism for participation in the Arkansas Great Places Program. (c) An application for participation in the program shall be for a project that will: (1) Stimulate economic growth; (2) Enhance local community development efforts; (3) Foster creative economies; (4) Enhance the quality of life in the community where the eligible organization is located; (5) Promote awareness and enjoyment of the natural and cultural heritage of Arkansas; or (6) Foster cooperative efforts among organizations, businesses, and government. (d) The department shall not approve an application for participation in the program if the application would: (1) Fund academic research; (2) Be awarded to a for-profit organization or event; (3) Fund programs or projects that disregard the need to preserve, protect, or conserve historical sites, structures, artifacts, and the environment; or (4) Be outside accepted professional museum or environmental standards. (e) (1) An application for participation in the program shall indicate the amount of funds the eligible organization wishes to receive. (2) (A) Except as provided in subdivision (e)(2)(B) of this section, as a condition of participating in the program, an eligible organization shall pledge matching funds from nongovernmental sources in the following amounts: (i) An eligible organization located in a county with a population of less than twenty thousand (20,000) residents shall pledge at least ten percent (10%) of the total amount of funding requested from the Arkansas Great Places Program Fund, § 19-5-1245 ; (ii) An eligible organization located in a county with a population of at least twenty thousand (20,000) but less than fifty thousand (50,000) residents shall pledge at least twenty percent (20%) of the total amount of funding requested from the fund; and (iii) An eligible organization located in a county with a population of fifty thousand (50,000) or more residents shall pledge at least thirty percent (30%) of the total amount of funding requested from the fund. (B) When selecting an applicant for participation in the program, the department may specify an amount of matching funds to be pledged by an eligible organization in lieu of the amounts under subdivision (e)(2)(A) of this section. (f) The department shall promulgate rules necessary to implement the program, including without limitation rules containing: (1) The procedure to apply for participation in the program; and (2) The criteria to be used by the department when determining whether to award a grant. (g) (1) The department may make investigations and audits of an eligible organization participating in the program to determine that all funds granted under this subchapter are handled and expended for the purposes as approved by the department in awarding the funds. (2) During an investigation or audit, an eligible organization shall provide any information requested by the department to ensure that funds were handled and expended properly by the eligible organization. (h) (1) The awarding of funds under this subchapter is contingent on the appropriation and availability of funding for the program. (2) The department shall not solicit or accept applications for the program if funds for the program are not available. Amended by Act 2023, No. 365,§ 34, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 33, eff. 7/1/2023. Amended by Act 2023, No. 365,§ 32, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5658, eff. 7/1/2019. Acts 2011, No. 896, § 1.

(a) As used in this subchapter, "eligible organization" means: (1) A county; (2) A municipality or incorporated town; or (3) A nonprofit organization.

(1) A county;

(2) A municipality or incorporated town; or

(3) A nonprofit organization.

(b) An eligible organization may apply to the Department of Parks, Heritage, and Tourism for participation in the Arkansas Great Places Program.

(c) An application for participation in the program shall be for a project that will: (1) Stimulate economic growth; (2) Enhance local community development efforts; (3) Foster creative economies; (4) Enhance the quality of life in the community where the eligible organization is located; (5) Promote awareness and enjoyment of the natural and cultural heritage of Arkansas; or (6) Foster cooperative efforts among organizations, businesses, and government.

(1) Stimulate economic growth;

(2) Enhance local community development efforts;

(3) Foster creative economies;

(4) Enhance the quality of life in the community where the eligible organization is located;

(5) Promote awareness and enjoyment of the natural and cultural heritage of Arkansas; or

(6) Foster cooperative efforts among organizations, businesses, and government.

(d) The department shall not approve an application for participation in the program if the application would: (1) Fund academic research; (2) Be awarded to a for-profit organization or event; (3) Fund programs or projects that disregard the need to preserve, protect, or conserve historical sites, structures, artifacts, and the environment; or (4) Be outside accepted professional museum or environmental standards.

(1) Fund academic research;

(2) Be awarded to a for-profit organization or event;

(3) Fund programs or projects that disregard the need to preserve, protect, or conserve historical sites, structures, artifacts, and the environment; or

(4) Be outside accepted professional museum or environmental standards.

(e) (1) An application for participation in the program shall indicate the amount of funds the eligible organization wishes to receive. (2) (A) Except as provided in subdivision (e)(2)(B) of this section, as a condition of participating in the program, an eligible organization shall pledge matching funds from nongovernmental sources in the following amounts: (i) An eligible organization located in a county with a population of less than twenty thousand (20,000) residents shall pledge at least ten percent (10%) of the total amount of funding requested from the Arkansas Great Places Program Fund, § 19-5-1245 ; (ii) An eligible organization located in a county with a population of at least twenty thousand (20,000) but less than fifty thousand (50,000) residents shall pledge at least twenty percent (20%) of the total amount of funding requested from the fund; and (iii) An eligible organization located in a county with a population of fifty thousand (50,000) or more residents shall pledge at least thirty percent (30%) of the total amount of funding requested from the fund. (B) When selecting an applicant for participation in the program, the department may specify an amount of matching funds to be pledged by an eligible organization in lieu of the amounts under subdivision (e)(2)(A) of this section.

(1) An application for participation in the program shall indicate the amount of funds the eligible organization wishes to receive.

(2) (A) Except as provided in subdivision (e)(2)(B) of this section, as a condition of participating in the program, an eligible organization shall pledge matching funds from nongovernmental sources in the following amounts: (i) An eligible organization located in a county with a population of less than twenty thousand (20,000) residents shall pledge at least ten percent (10%) of the total amount of funding requested from the Arkansas Great Places Program Fund, § 19-5-1245 ; (ii) An eligible organization located in a county with a population of at least twenty thousand (20,000) but less than fifty thousand (50,000) residents shall pledge at least twenty percent (20%) of the total amount of funding requested from the fund; and (iii) An eligible organization located in a county with a population of fifty thousand (50,000) or more residents shall pledge at least thirty percent (30%) of the total amount of funding requested from the fund. (B) When selecting an applicant for participation in the program, the department may specify an amount of matching funds to be pledged by an eligible organization in lieu of the amounts under subdivision (e)(2)(A) of this section.

(A) Except as provided in subdivision (e)(2)(B) of this section, as a condition of participating in the program, an eligible organization shall pledge matching funds from nongovernmental sources in the following amounts: (i) An eligible organization located in a county with a population of less than twenty thousand (20,000) residents shall pledge at least ten percent (10%) of the total amount of funding requested from the Arkansas Great Places Program Fund, § 19-5-1245 ; (ii) An eligible organization located in a county with a population of at least twenty thousand (20,000) but less than fifty thousand (50,000) residents shall pledge at least twenty percent (20%) of the total amount of funding requested from the fund; and (iii) An eligible organization located in a county with a population of fifty thousand (50,000) or more residents shall pledge at least thirty percent (30%) of the total amount of funding requested from the fund.

(i) An eligible organization located in a county with a population of less than twenty thousand (20,000) residents shall pledge at least ten percent (10%) of the total amount of funding requested from the Arkansas Great Places Program Fund, § 19-5-1245 ;

(ii) An eligible organization located in a county with a population of at least twenty thousand (20,000) but less than fifty thousand (50,000) residents shall pledge at least twenty percent (20%) of the total amount of funding requested from the fund; and

(iii) An eligible organization located in a county with a population of fifty thousand (50,000) or more residents shall pledge at least thirty percent (30%) of the total amount of funding requested from the fund.

(B) When selecting an applicant for participation in the program, the department may specify an amount of matching funds to be pledged by an eligible organization in lieu of the amounts under subdivision (e)(2)(A) of this section.

(f) The department shall promulgate rules necessary to implement the program, including without limitation rules containing: (1) The procedure to apply for participation in the program; and (2) The criteria to be used by the department when determining whether to award a grant.

(1) The procedure to apply for participation in the program; and

(2) The criteria to be used by the department when determining whether to award a grant.

(g) (1) The department may make investigations and audits of an eligible organization participating in the program to determine that all funds granted under this subchapter are handled and expended for the purposes as approved by the department in awarding the funds. (2) During an investigation or audit, an eligible organization shall provide any information requested by the department to ensure that funds were handled and expended properly by the eligible organization.

(1) The department may make investigations and audits of an eligible organization participating in the program to determine that all funds granted under this subchapter are handled and expended for the purposes as approved by the department in awarding the funds.

(2) During an investigation or audit, an eligible organization shall provide any information requested by the department to ensure that funds were handled and expended properly by the eligible organization.

(h) (1) The awarding of funds under this subchapter is contingent on the appropriation and availability of funding for the program. (2) The department shall not solicit or accept applications for the program if funds for the program are not available.

(1) The awarding of funds under this subchapter is contingent on the appropriation and availability of funding for the program.

(2) The department shall not solicit or accept applications for the program if funds for the program are not available.

Amended by Act 2023, No. 365,§ 34, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 33, eff. 7/1/2023.

Amended by Act 2023, No. 365,§ 32, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5658, eff. 7/1/2019.

Acts 2011, No. 896, § 1.
Ark. Code Ann. § 15-76-304 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-304
Injunctions by the commission
Status: in_force

(a) Whenever it shall appear that any person is violating, or threatening to violate, any provision of this subchapter or any rule or order made thereunder by any act done in the operation of any well for the production of brine or the injection of effluent into an aquifer for disposal or injection purposes or by omitting any act required to be done thereunder, the Oil and Gas Commission, through its counsel or the Attorney General, may bring suit against that person in the circuit court in the county in which the well in question is located to restrain the person from continuing the violation or from carrying out the threat of violation. In that suit, the commission may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions as the facts may warrant, including, when appropriate, an injunction restraining any person from producing brine or injecting effluent into an aquifer. (b) If the defendant cannot be personally served with summons in that county, personal jurisdiction of that defendant in that suit may be obtained by service made on any employee or agent of that defendant working on or about any well involved in that suit and by the commission mailing a copy of the complaint in the action to the defendant at the address of the defendant then recorded with the Director of Production and Conservation. Amended by Act 2019, No. 315,§ 1278, eff. 7/24/2019. Acts 1979, No. 937, § 16; A.S.A. 1947, § 53-1316.

(a) Whenever it shall appear that any person is violating, or threatening to violate, any provision of this subchapter or any rule or order made thereunder by any act done in the operation of any well for the production of brine or the injection of effluent into an aquifer for disposal or injection purposes or by omitting any act required to be done thereunder, the Oil and Gas Commission, through its counsel or the Attorney General, may bring suit against that person in the circuit court in the county in which the well in question is located to restrain the person from continuing the violation or from carrying out the threat of violation. In that suit, the commission may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions as the facts may warrant, including, when appropriate, an injunction restraining any person from producing brine or injecting effluent into an aquifer.

(b) If the defendant cannot be personally served with summons in that county, personal jurisdiction of that defendant in that suit may be obtained by service made on any employee or agent of that defendant working on or about any well involved in that suit and by the commission mailing a copy of the complaint in the action to the defendant at the address of the defendant then recorded with the Director of Production and Conservation.

Amended by Act 2019, No. 315,§ 1278, eff. 7/24/2019.

Acts 1979, No. 937, § 16; A.S.A. 1947, § 53-1316.
Ark. Code Ann. § 15-71-116 — AR Code / Title 15 / Chapter 71 / Section 15-71-116
Annual fee assessment
Status: in_force

(a) (1) The Oil and Gas Commission shall establish by rule a fee structure to be paid annually by well operators of only those wells producing liquid hydrocarbons. (2) The date for payment of the first annual fee assessment shall be determined by rule. (3) All annual fees collected shall be deposited into the Abandoned and Orphaned Well Plugging Fund. (b) (1) All bonds or other financial assurances in effect on August 12, 2005, shall remain in effect until released by the commission from obligation through payment of the initial fund fee assessment under this section. (2) (A) Additionally, a person shall file and maintain with the commission the amount of financial security required under this section for two (2) consecutive calendar years of payments to the fund until the required payments have been made if the person is a well operator who: (i) Did not operate a well before August 12, 2005; or (ii) Has not after August 12, 2005, made annual payments to the fund for at least two (2) consecutive calendar years preceding an application to drill or transfer wells. (B) (i) When the operator has made the required payments, the financial security shall be released. (ii) However, the financial security shall not be released under subdivision (b)(2)(B)(i) of this section if the commission has filed a claim against the financial security instrument. (c) (1) Fees shall be assessed for each calendar year, commencing on a date to be established by the commission, for all wells of record on January 1 of each year and each subsequent year. (2) The fees assessed by the commission under this section are in addition to any other fees required by law. (3) All fees assessed under this section shall be submitted to the commission no later than sixty (60) days after the date listed on the annual fee assessment letter sent to the well operator. (d) All the fees assessed and collected by the commission each year under this section shall be deposited into the fund. (e) If a well operator is delinquent for more than sixty (60) days in the payment of fees assessed under this section or if amounts have been expended from the fund to plug, repair, or restore an operator's well or well site, no further permits may be issued to that operator, and the commission may issue an order to cease production of that operator's current wells until all delinquent fees and expended fund moneys have been repaid to the fund. Acts 2005, No. 1266, § 1.

(a) (1) The Oil and Gas Commission shall establish by rule a fee structure to be paid annually by well operators of only those wells producing liquid hydrocarbons. (2) The date for payment of the first annual fee assessment shall be determined by rule. (3) All annual fees collected shall be deposited into the Abandoned and Orphaned Well Plugging Fund.

(1) The Oil and Gas Commission shall establish by rule a fee structure to be paid annually by well operators of only those wells producing liquid hydrocarbons.

(2) The date for payment of the first annual fee assessment shall be determined by rule.

(3) All annual fees collected shall be deposited into the Abandoned and Orphaned Well Plugging Fund.

(b) (1) All bonds or other financial assurances in effect on August 12, 2005, shall remain in effect until released by the commission from obligation through payment of the initial fund fee assessment under this section. (2) (A) Additionally, a person shall file and maintain with the commission the amount of financial security required under this section for two (2) consecutive calendar years of payments to the fund until the required payments have been made if the person is a well operator who: (i) Did not operate a well before August 12, 2005; or (ii) Has not after August 12, 2005, made annual payments to the fund for at least two (2) consecutive calendar years preceding an application to drill or transfer wells. (B) (i) When the operator has made the required payments, the financial security shall be released. (ii) However, the financial security shall not be released under subdivision (b)(2)(B)(i) of this section if the commission has filed a claim against the financial security instrument.

(1) All bonds or other financial assurances in effect on August 12, 2005, shall remain in effect until released by the commission from obligation through payment of the initial fund fee assessment under this section.

(2) (A) Additionally, a person shall file and maintain with the commission the amount of financial security required under this section for two (2) consecutive calendar years of payments to the fund until the required payments have been made if the person is a well operator who: (i) Did not operate a well before August 12, 2005; or (ii) Has not after August 12, 2005, made annual payments to the fund for at least two (2) consecutive calendar years preceding an application to drill or transfer wells. (B) (i) When the operator has made the required payments, the financial security shall be released. (ii) However, the financial security shall not be released under subdivision (b)(2)(B)(i) of this section if the commission has filed a claim against the financial security instrument.

(A) Additionally, a person shall file and maintain with the commission the amount of financial security required under this section for two (2) consecutive calendar years of payments to the fund until the required payments have been made if the person is a well operator who: (i) Did not operate a well before August 12, 2005; or (ii) Has not after August 12, 2005, made annual payments to the fund for at least two (2) consecutive calendar years preceding an application to drill or transfer wells.

(i) Did not operate a well before August 12, 2005; or

(ii) Has not after August 12, 2005, made annual payments to the fund for at least two (2) consecutive calendar years preceding an application to drill or transfer wells.

(B) (i) When the operator has made the required payments, the financial security shall be released. (ii) However, the financial security shall not be released under subdivision (b)(2)(B)(i) of this section if the commission has filed a claim against the financial security instrument.

(i) When the operator has made the required payments, the financial security shall be released.

(ii) However, the financial security shall not be released under subdivision (b)(2)(B)(i) of this section if the commission has filed a claim against the financial security instrument.

(c) (1) Fees shall be assessed for each calendar year, commencing on a date to be established by the commission, for all wells of record on January 1 of each year and each subsequent year. (2) The fees assessed by the commission under this section are in addition to any other fees required by law. (3) All fees assessed under this section shall be submitted to the commission no later than sixty (60) days after the date listed on the annual fee assessment letter sent to the well operator.

(1) Fees shall be assessed for each calendar year, commencing on a date to be established by the commission, for all wells of record on January 1 of each year and each subsequent year.

(2) The fees assessed by the commission under this section are in addition to any other fees required by law.

(3) All fees assessed under this section shall be submitted to the commission no later than sixty (60) days after the date listed on the annual fee assessment letter sent to the well operator.

(d) All the fees assessed and collected by the commission each year under this section shall be deposited into the fund.

(e) If a well operator is delinquent for more than sixty (60) days in the payment of fees assessed under this section or if amounts have been expended from the fund to plug, repair, or restore an operator's well or well site, no further permits may be issued to that operator, and the commission may issue an order to cease production of that operator's current wells until all delinquent fees and expended fund moneys have been repaid to the fund.

Acts 2005, No. 1266, § 1.
Ark. Code Ann. § 15-4-301 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Minority and Women-Owned Business Economic Development Act". Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1977, No. 544, § 2; A.S.A. 1947, § 5-916.3; Acts 1997, No. 540, § 69; 2009, No. 1222, § 1.

This subchapter shall be known and may be cited as the "Minority and Women-Owned Business Economic Development Act".

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

Acts 1977, No. 544, § 2; A.S.A. 1947, § 5-916.3; Acts 1997, No. 540, § 69; 2009, No. 1222, § 1.
Ark. Code Ann. § 15-1-101 — AR Code / Title 15 / Chapter 1 / Section 15-1-101
Economic Advisor
Status: in_force

(a) There is established within the office of the Governor the position of Economic Advisor, to be appointed by and serve at the pleasure of the Governor. (b) The advisor shall confer and advise with the Governor on all matters pertaining to the economy of this state. (c) On instruction of the Governor for further economic advancement, the advisor shall: (1) Advise and confer with all state agencies having responsibilities for planning, publicity, promotion, and development of the industrial and economic advancement of this state so that the programs are coordinated into a maximum effort of promoting the industrial and economic growth of the state; (2) Evaluate and advise the Governor with respect to all aspects of the state's industrial development program, of the effectiveness of various efforts of the program, and of means of improving it; (3) Confer and advise with the various private organizations and groups of this state representing agriculture, labor, industry, trade and commerce, finance and banking, and other areas of economic interests to the extent that the Governor might be fully advised of all aspects of economic activity in the state and be kept informed of means whereby the State of Arkansas might aid and assist in promoting greater economic expansion and growth; and (4) Perform such other duties with respect to the development and coordination of the state's industrial and economic expansion efforts as the Governor may direct. Acts 1965, No. 103, § 1; A.S.A. 1947, § 12-301.

(a) There is established within the office of the Governor the position of Economic Advisor, to be appointed by and serve at the pleasure of the Governor.

(b) The advisor shall confer and advise with the Governor on all matters pertaining to the economy of this state.

(c) On instruction of the Governor for further economic advancement, the advisor shall: (1) Advise and confer with all state agencies having responsibilities for planning, publicity, promotion, and development of the industrial and economic advancement of this state so that the programs are coordinated into a maximum effort of promoting the industrial and economic growth of the state; (2) Evaluate and advise the Governor with respect to all aspects of the state's industrial development program, of the effectiveness of various efforts of the program, and of means of improving it; (3) Confer and advise with the various private organizations and groups of this state representing agriculture, labor, industry, trade and commerce, finance and banking, and other areas of economic interests to the extent that the Governor might be fully advised of all aspects of economic activity in the state and be kept informed of means whereby the State of Arkansas might aid and assist in promoting greater economic expansion and growth; and (4) Perform such other duties with respect to the development and coordination of the state's industrial and economic expansion efforts as the Governor may direct.

(1) Advise and confer with all state agencies having responsibilities for planning, publicity, promotion, and development of the industrial and economic advancement of this state so that the programs are coordinated into a maximum effort of promoting the industrial and economic growth of the state;

(2) Evaluate and advise the Governor with respect to all aspects of the state's industrial development program, of the effectiveness of various efforts of the program, and of means of improving it;

(3) Confer and advise with the various private organizations and groups of this state representing agriculture, labor, industry, trade and commerce, finance and banking, and other areas of economic interests to the extent that the Governor might be fully advised of all aspects of economic activity in the state and be kept informed of means whereby the State of Arkansas might aid and assist in promoting greater economic expansion and growth; and

(4) Perform such other duties with respect to the development and coordination of the state's industrial and economic expansion efforts as the Governor may direct.

Acts 1965, No. 103, § 1; A.S.A. 1947, § 12-301.
Ark. Code Ann. § 15-21-601 — AR Code / Title 15 / Chapter 21 / Subchapter 6 / Section 15-21-601
Legislative intent
Status: in_force

It is found and determined by the General Assembly that: (1) Earthquake activity in Arkansas has never been closely monitored by a local network of seismic stations and that the realistic assessment of seismic hazards in this state can only be accomplished by long-term local monitoring of earthquake activity in this state; (2) Although the monitoring systems operated by St. Louis University and the Center for Earthquake Research and Information at the University of Memphis have provided a great deal of information for risk assessment in the New Madrid seismic zone, the need for monitoring within Arkansas has become apparent; (3) It would be most beneficial to the residents of this state for a collaborative program to be established between St. Louis University, the University of Memphis, and the Arkansas Center for Earthquake Education and Technology Transfer at the University of Arkansas at Little Rock in order to coordinate efforts and prevent duplication; (4) The Arkansas Center for Earthquake Education and Technology Transfer is ideally located to handle the logistics of installing and maintaining a network of seismic monitoring stations within this state and is committed to offering the necessary personnel and facilities to efficiently handle the undertaking; and (5) The focus will be on establishing long-term, continuous monitoring of earthquake activity in Arkansas in order to provide reliable data for a realistic seismic hazard assessment, and it is the intent of this subchapter to accomplish that purpose. Acts 1999, No. 1364, § 1.

It is found and determined by the General Assembly that:

(1) Earthquake activity in Arkansas has never been closely monitored by a local network of seismic stations and that the realistic assessment of seismic hazards in this state can only be accomplished by long-term local monitoring of earthquake activity in this state;

(2) Although the monitoring systems operated by St. Louis University and the Center for Earthquake Research and Information at the University of Memphis have provided a great deal of information for risk assessment in the New Madrid seismic zone, the need for monitoring within Arkansas has become apparent;

(3) It would be most beneficial to the residents of this state for a collaborative program to be established between St. Louis University, the University of Memphis, and the Arkansas Center for Earthquake Education and Technology Transfer at the University of Arkansas at Little Rock in order to coordinate efforts and prevent duplication;

(4) The Arkansas Center for Earthquake Education and Technology Transfer is ideally located to handle the logistics of installing and maintaining a network of seismic monitoring stations within this state and is committed to offering the necessary personnel and facilities to efficiently handle the undertaking; and

(5) The focus will be on establishing long-term, continuous monitoring of earthquake activity in Arkansas in order to provide reliable data for a realistic seismic hazard assessment, and it is the intent of this subchapter to accomplish that purpose.

Acts 1999, No. 1364, § 1.
Ark. Code Ann. § 15-22-903 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-903
Definitions
Status: in_force

As used in this subchapter: (1) "Administrative Procedure Act" means the Arkansas Administrative Procedure Act, § 25-15-201 et seq.; (2) "Aquifer" means a permeable, water-bearing stratum of rock, sand, or gravel; (3) "Beneficial use" means the use of water in such quantity as is economical and efficient and which use is for a purpose and in a manner which is reasonable, not wasteful, and is compatible with the public interest; (4) "Commission" means the Arkansas Natural Resources Commission created under § 15-20-201 ; (5) "Conservation district" means conservation districts created under the Conservation Districts Law, § 14-125-101 et seq.; (6) "Critical groundwater area" is defined in the Arkansas Water Plan developed by the commission under its authority in § 15-22-503 ; (7) "District" means a conservation district or regional water district; (8) "Domestic use" means the use of water for ordinary household purposes, including human consumption, washing, the watering of domestic livestock, poultry, and animals, and the watering of home gardens for consumption by the household; (9) "Groundwater" means water beneath the surface of the ground; (10) "Person" means any natural person, partnership, firm, association, cooperative, municipality, county, public or private corporation, and state or local governmental agency; (11) "Regional water district" means a regional water distribution district created under The Regional Water Distribution District Act, § 14-116-101 et seq.; (12) "Sustaining aquifer" means any aquifer excluding the state's alluvial aquifers that is used as a significant source for water supply including, but not limited to, the Cockfield, Sparta, Memphis, Cane River, Carrizo, Wilcox, Nacatoch, Roubidoux, and Gunter aquifers; (13) "Water right" means the authority or permission issued by the commission under this subchapter to use groundwater within a critical groundwater area; (14) "Water year" means the twelve-month period beginning October 1 and ending the next September 30; and (15) (A) "Well" means any hole dug, drilled, or otherwise constructed in the ground for the purpose of withdrawing groundwater. (B) For the purpose of this subchapter, a well also must have a potential flow rate of fifty thousand gallons (50,000 gals.) per day or greater. Acts 1991, No. 154, § 3; 1991, No. 342, § 3; 2001, No. 1426, § 1.

As used in this subchapter:

(1) "Administrative Procedure Act" means the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

(2) "Aquifer" means a permeable, water-bearing stratum of rock, sand, or gravel;

(3) "Beneficial use" means the use of water in such quantity as is economical and efficient and which use is for a purpose and in a manner which is reasonable, not wasteful, and is compatible with the public interest;

(4) "Commission" means the Arkansas Natural Resources Commission created under § 15-20-201 ;

(5) "Conservation district" means conservation districts created under the Conservation Districts Law, § 14-125-101 et seq.;

(6) "Critical groundwater area" is defined in the Arkansas Water Plan developed by the commission under its authority in § 15-22-503 ;

(7) "District" means a conservation district or regional water district;

(8) "Domestic use" means the use of water for ordinary household purposes, including human consumption, washing, the watering of domestic livestock, poultry, and animals, and the watering of home gardens for consumption by the household;

(9) "Groundwater" means water beneath the surface of the ground;

(10) "Person" means any natural person, partnership, firm, association, cooperative, municipality, county, public or private corporation, and state or local governmental agency;

(11) "Regional water district" means a regional water distribution district created under The Regional Water Distribution District Act, § 14-116-101 et seq.;

(12) "Sustaining aquifer" means any aquifer excluding the state's alluvial aquifers that is used as a significant source for water supply including, but not limited to, the Cockfield, Sparta, Memphis, Cane River, Carrizo, Wilcox, Nacatoch, Roubidoux, and Gunter aquifers;

(13) "Water right" means the authority or permission issued by the commission under this subchapter to use groundwater within a critical groundwater area;

(14) "Water year" means the twelve-month period beginning October 1 and ending the next September 30; and

(15) (A) "Well" means any hole dug, drilled, or otherwise constructed in the ground for the purpose of withdrawing groundwater. (B) For the purpose of this subchapter, a well also must have a potential flow rate of fifty thousand gallons (50,000 gals.) per day or greater.

(A) "Well" means any hole dug, drilled, or otherwise constructed in the ground for the purpose of withdrawing groundwater.

(B) For the purpose of this subchapter, a well also must have a potential flow rate of fifty thousand gallons (50,000 gals.) per day or greater.

Acts 1991, No. 154, § 3; 1991, No. 342, § 3; 2001, No. 1426, § 1.
Ark. Code Ann. § 15-58-308 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-308
Civil actions - Injunctions, etc
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may request the Attorney General or an attorney designated by the director to institute without bond or other undertaking a civil action for relief against a permittee or any person engaging in surface coal mining operations without a permit, including an injunction, restraining order, or any other appropriate order in the county in which any part of the surface coal mining and reclamation operation involved is located, or in the county in which the permittee has his or her principal office. No liability whatsoever shall accrue to the commission, the director, or their authorized representatives on taking any actions pursuant to this section. (b) The civil action may be instituted whenever the person or his or her agent: (1) Violates or fails or refuses to comply with any order or decision issued by the director or his or her authorized representative under this chapter or under the rules issued pursuant to this chapter; (2) Interferes with, hinders, or delays the director or his or her authorized representatives in carrying out the provisions of this chapter or the rules issued pursuant to this chapter; (3) Refuses to permit inspection of the mine by the authorized representative; (4) Refuses to furnish any information or report requested by the director in furtherance of the provisions of this chapter or the rules issued pursuant to this chapter; or (5) Refuses to permit access to, and copying of, records the director determines necessary to carry out the provisions of this chapter or the rules issued pursuant to this chapter. Amended by Act 2019, No. 315,§ 1201, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3152, eff. 7/1/2019. Acts 1979, No. 134, § 25; 1979, No. 647, § 8; A.S.A. 1947, § 52-959.

(a) The Arkansas Pollution Control and Ecology Commission or the Director of the Division of Environmental Quality may request the Attorney General or an attorney designated by the director to institute without bond or other undertaking a civil action for relief against a permittee or any person engaging in surface coal mining operations without a permit, including an injunction, restraining order, or any other appropriate order in the county in which any part of the surface coal mining and reclamation operation involved is located, or in the county in which the permittee has his or her principal office. No liability whatsoever shall accrue to the commission, the director, or their authorized representatives on taking any actions pursuant to this section.

(b) The civil action may be instituted whenever the person or his or her agent: (1) Violates or fails or refuses to comply with any order or decision issued by the director or his or her authorized representative under this chapter or under the rules issued pursuant to this chapter; (2) Interferes with, hinders, or delays the director or his or her authorized representatives in carrying out the provisions of this chapter or the rules issued pursuant to this chapter; (3) Refuses to permit inspection of the mine by the authorized representative; (4) Refuses to furnish any information or report requested by the director in furtherance of the provisions of this chapter or the rules issued pursuant to this chapter; or (5) Refuses to permit access to, and copying of, records the director determines necessary to carry out the provisions of this chapter or the rules issued pursuant to this chapter.

(1) Violates or fails or refuses to comply with any order or decision issued by the director or his or her authorized representative under this chapter or under the rules issued pursuant to this chapter;

(2) Interferes with, hinders, or delays the director or his or her authorized representatives in carrying out the provisions of this chapter or the rules issued pursuant to this chapter;

(3) Refuses to permit inspection of the mine by the authorized representative;

(4) Refuses to furnish any information or report requested by the director in furtherance of the provisions of this chapter or the rules issued pursuant to this chapter; or

(5) Refuses to permit access to, and copying of, records the director determines necessary to carry out the provisions of this chapter or the rules issued pursuant to this chapter.

Amended by Act 2019, No. 315,§ 1201, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3152, eff. 7/1/2019.

Acts 1979, No. 134, § 25; 1979, No. 647, § 8; A.S.A. 1947, § 52-959.
Ark. Code Ann. § 15-11-902 — AR Code / Title 15 / Chapter 11 / Subchapter 9 / Section 15-11-902
Definitions
Status: in_force

As used in this subchapter: (1) "Artistic work" means an original and creative work that: (A) Is created, written, composed, or executed; and (B) Falls into one (1) or more of the following categories: (i) A book or other writing; (ii) A play or performance of a play; (iii) An instrumental or vocal musical composition or the performance of an instrumental or vocal musical composition; (iv) A painting or other picture; (v) A sculpture; (vi) A traditional or fine craft; (vii) The creation of a film or television production or the acting within a film or television production; (viii) The creation of a dance or the performance of a dance; (ix) The creation of original jewelry, clothing, costumes, or clothing or costume design; or (x) Any other product generated as a result of a work listed in subdivisions (1)(B)(i)-(ix) of this section; (2) "Arts and cultural district" means a developed district of public and private uses that: (A) Is well recognized as an area in which there is a high concentration of arts and cultural resources that serves as an anchor attraction; and (B) Ranges in size from a portion of a city or county to a regional district with a special coherence; (3) "Arts and cultural enterprise" means a for-profit or not-for-profit entity dedicated to visual or performing arts; and (4) "Qualifying residing artist" means an individual who: (A) Owns or rents residential real property in the county in which the arts and cultural district is located; (B) Conducts a business in the arts and cultural district; and (C) Derives income from the sale or performance within the arts and cultural district of an artistic work that the individual wrote, composed, executed, or otherwise created, either alone or with others, in the arts and cultural district. Acts 2011, No. 1030, § 1.

As used in this subchapter:

(1) "Artistic work" means an original and creative work that: (A) Is created, written, composed, or executed; and (B) Falls into one (1) or more of the following categories: (i) A book or other writing; (ii) A play or performance of a play; (iii) An instrumental or vocal musical composition or the performance of an instrumental or vocal musical composition; (iv) A painting or other picture; (v) A sculpture; (vi) A traditional or fine craft; (vii) The creation of a film or television production or the acting within a film or television production; (viii) The creation of a dance or the performance of a dance; (ix) The creation of original jewelry, clothing, costumes, or clothing or costume design; or (x) Any other product generated as a result of a work listed in subdivisions (1)(B)(i)-(ix) of this section;

(A) Is created, written, composed, or executed; and

(B) Falls into one (1) or more of the following categories: (i) A book or other writing; (ii) A play or performance of a play; (iii) An instrumental or vocal musical composition or the performance of an instrumental or vocal musical composition; (iv) A painting or other picture; (v) A sculpture; (vi) A traditional or fine craft; (vii) The creation of a film or television production or the acting within a film or television production; (viii) The creation of a dance or the performance of a dance; (ix) The creation of original jewelry, clothing, costumes, or clothing or costume design; or (x) Any other product generated as a result of a work listed in subdivisions (1)(B)(i)-(ix) of this section;

(i) A book or other writing;

(ii) A play or performance of a play;

(iii) An instrumental or vocal musical composition or the performance of an instrumental or vocal musical composition;

(iv) A painting or other picture;

(v) A sculpture;

(vi) A traditional or fine craft;

(vii) The creation of a film or television production or the acting within a film or television production;

(viii) The creation of a dance or the performance of a dance;

(ix) The creation of original jewelry, clothing, costumes, or clothing or costume design; or

(x) Any other product generated as a result of a work listed in subdivisions (1)(B)(i)-(ix) of this section;

(2) "Arts and cultural district" means a developed district of public and private uses that: (A) Is well recognized as an area in which there is a high concentration of arts and cultural resources that serves as an anchor attraction; and (B) Ranges in size from a portion of a city or county to a regional district with a special coherence;

(A) Is well recognized as an area in which there is a high concentration of arts and cultural resources that serves as an anchor attraction; and

(B) Ranges in size from a portion of a city or county to a regional district with a special coherence;

(3) "Arts and cultural enterprise" means a for-profit or not-for-profit entity dedicated to visual or performing arts; and

(4) "Qualifying residing artist" means an individual who: (A) Owns or rents residential real property in the county in which the arts and cultural district is located; (B) Conducts a business in the arts and cultural district; and (C) Derives income from the sale or performance within the arts and cultural district of an artistic work that the individual wrote, composed, executed, or otherwise created, either alone or with others, in the arts and cultural district.

(A) Owns or rents residential real property in the county in which the arts and cultural district is located;

(B) Conducts a business in the arts and cultural district; and

(C) Derives income from the sale or performance within the arts and cultural district of an artistic work that the individual wrote, composed, executed, or otherwise created, either alone or with others, in the arts and cultural district.

Acts 2011, No. 1030, § 1.
Ark. Code Ann. § 15-4-1219 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1219
Withdrawal of members
Status: in_force

(a) (1) Membership in a company shall be for an indeterminate period not to exceed the termination date of the company stated in its articles of incorporation or articles of organization. (2) Provided, however, that: (A) Upon written notice given to a company five (5) years in advance, a member may withdraw from membership in the company at the expiration date of the notice; or (B) (i) In the event that a member, herein called a "constituent member", shall consolidate with, merge into, or sell all or substantially all of its property and assets to another financial institution, herein called the "continuing institution", the board of directors or the management committee may permit, in such manner as it determines, the withdrawal of the constituent member from membership in the company if the continuing institution at the time of the withdrawal is a member and has assumed any obligation of the constituent member to make loans to the company. (ii) If the continuing institution is not a member prior to the consolidation, merger, or sale, the assumed obligation shall be discharged at the time the continuing institution becomes a member. (b) A member shall not be obligated to make any loans to the company pursuant to calls made either before or after the withdrawal of the member. Acts 1991, No. 1029, § 19; 1999, No. 37, § 18.

(a) (1) Membership in a company shall be for an indeterminate period not to exceed the termination date of the company stated in its articles of incorporation or articles of organization. (2) Provided, however, that: (A) Upon written notice given to a company five (5) years in advance, a member may withdraw from membership in the company at the expiration date of the notice; or (B) (i) In the event that a member, herein called a "constituent member", shall consolidate with, merge into, or sell all or substantially all of its property and assets to another financial institution, herein called the "continuing institution", the board of directors or the management committee may permit, in such manner as it determines, the withdrawal of the constituent member from membership in the company if the continuing institution at the time of the withdrawal is a member and has assumed any obligation of the constituent member to make loans to the company. (ii) If the continuing institution is not a member prior to the consolidation, merger, or sale, the assumed obligation shall be discharged at the time the continuing institution becomes a member.

(1) Membership in a company shall be for an indeterminate period not to exceed the termination date of the company stated in its articles of incorporation or articles of organization.

(2) Provided, however, that: (A) Upon written notice given to a company five (5) years in advance, a member may withdraw from membership in the company at the expiration date of the notice; or (B) (i) In the event that a member, herein called a "constituent member", shall consolidate with, merge into, or sell all or substantially all of its property and assets to another financial institution, herein called the "continuing institution", the board of directors or the management committee may permit, in such manner as it determines, the withdrawal of the constituent member from membership in the company if the continuing institution at the time of the withdrawal is a member and has assumed any obligation of the constituent member to make loans to the company. (ii) If the continuing institution is not a member prior to the consolidation, merger, or sale, the assumed obligation shall be discharged at the time the continuing institution becomes a member.

(A) Upon written notice given to a company five (5) years in advance, a member may withdraw from membership in the company at the expiration date of the notice; or

(B) (i) In the event that a member, herein called a "constituent member", shall consolidate with, merge into, or sell all or substantially all of its property and assets to another financial institution, herein called the "continuing institution", the board of directors or the management committee may permit, in such manner as it determines, the withdrawal of the constituent member from membership in the company if the continuing institution at the time of the withdrawal is a member and has assumed any obligation of the constituent member to make loans to the company. (ii) If the continuing institution is not a member prior to the consolidation, merger, or sale, the assumed obligation shall be discharged at the time the continuing institution becomes a member.

(i) In the event that a member, herein called a "constituent member", shall consolidate with, merge into, or sell all or substantially all of its property and assets to another financial institution, herein called the "continuing institution", the board of directors or the management committee may permit, in such manner as it determines, the withdrawal of the constituent member from membership in the company if the continuing institution at the time of the withdrawal is a member and has assumed any obligation of the constituent member to make loans to the company.

(ii) If the continuing institution is not a member prior to the consolidation, merger, or sale, the assumed obligation shall be discharged at the time the continuing institution becomes a member.

(b) A member shall not be obligated to make any loans to the company pursuant to calls made either before or after the withdrawal of the member.

Acts 1991, No. 1029, § 19; 1999, No. 37, § 18.
Ark. Code Ann. § 15-58-403 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-403
Costs of projects
Status: in_force

The costs for each proposed project under the abandoned mine reclamation program shall include: (1) Actual construction costs; (2) Actual operation and maintenance costs of permanent facilities; (3) Planning and engineering costs; (4) Construction inspection costs; and (5) Other necessary administrative expenses. Acts 1979, No. 134, § 8; A.S.A. 1947, § 52-942.

The costs for each proposed project under the abandoned mine reclamation program shall include:

(1) Actual construction costs;

(2) Actual operation and maintenance costs of permanent facilities;

(3) Planning and engineering costs;

(4) Construction inspection costs; and

(5) Other necessary administrative expenses.

Acts 1979, No. 134, § 8; A.S.A. 1947, § 52-942.
Ark. Code Ann. § 15-4-1002 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1002
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 2; A.S.A. 1947, § 67-1628; Acts 2003, No. 860, § 1; 2007, No. 15, § 2.

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

Acts 1985, No. 410, § 2; A.S.A. 1947, § 67-1628; Acts 2003, No. 860, § 1; 2007, No. 15, § 2.
Ark. Code Ann. § 15-4-312 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-312
State agencies to submit reports
Status: in_force

Within fifteen (15) days of the close of each six-month period, each state agency shall submit a report to the Minority and Women-owned Business Advisory Council summing up total procurement for all state contracts, except exempt state contracts of the state agency, and the dollar value and the percentage of the state contracts of the state agency awarded to minority business enterprises and women-owned business enterprises. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1991, No. 698, § 2; 2009, No. 1222, § 8.

Within fifteen (15) days of the close of each six-month period, each state agency shall submit a report to the Minority and Women-owned Business Advisory Council summing up total procurement for all state contracts, except exempt state contracts of the state agency, and the dollar value and the percentage of the state contracts of the state agency awarded to minority business enterprises and women-owned business enterprises.

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

Acts 1991, No. 698, § 2; 2009, No. 1222, § 8.
Ark. Code Ann. § 15-72-605 — AR Code / Title 15 / Chapter 72 / Subchapter 6 / Section 15-72-605
Prerequisite to eminent domain - Certificate
Status: in_force

Any natural gas public utility or gas storage facility desiring to exercise the right of eminent domain as to any property for use for underground storage of gas, as a condition precedent to the filing of its petition in the circuit court, shall obtain from the Oil and Gas Commission a certificate setting out findings of the commission as to the following: (1) That the underground stratum or formation sought to be acquired is suitable for the underground storage of gas and that its use for such purposes is in the public interest; and (2) The amount of recoverable oil and native gas, if any, remaining therein. However, the commission shall issue no certificate until after public hearing is had on the application, pursuant to notice served in compliance with notice in civil actions in the circuit court, together with notice published at least once each week for two (2) successive weeks in some newspaper of general circulation in the county or counties where the gas is proposed to be stored. The first publication of the notice must be at least ten (10) days prior to the date of the hearing. Amended by Act 2023, No. 140,§ 1, eff. 8/1/2023. Acts 1957, No. 82, § 5; A.S.A. 1947, § 53-905.

Any natural gas public utility or gas storage facility desiring to exercise the right of eminent domain as to any property for use for underground storage of gas, as a condition precedent to the filing of its petition in the circuit court, shall obtain from the Oil and Gas Commission a certificate setting out findings of the commission as to the following:

(1) That the underground stratum or formation sought to be acquired is suitable for the underground storage of gas and that its use for such purposes is in the public interest; and

(2) The amount of recoverable oil and native gas, if any, remaining therein. However, the commission shall issue no certificate until after public hearing is had on the application, pursuant to notice served in compliance with notice in civil actions in the circuit court, together with notice published at least once each week for two (2) successive weeks in some newspaper of general circulation in the county or counties where the gas is proposed to be stored. The first publication of the notice must be at least ten (10) days prior to the date of the hearing.

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

Acts 1957, No. 82, § 5; A.S.A. 1947, § 53-905.
Ark. Code Ann. § 15-22-1010 — AR Code / Title 15 / Chapter 22 / Subchapter 10 / Section 15-22-1010
Arkansas wetlands mitigation bank funds to be deposited into the Arkansas Water Development Fund - Receipts
Status: in_force

(a) All moneys received for carrying out the provisions of this subchapter shall be deposited into the Arkansas Water Development Fund. (b) (1) The Arkansas Natural Resources Commission shall keep a record of all moneys deposited into and withdrawn from the fund. (2) The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the activity against which each withdrawal is charged. Acts 1995, No. 562, § 10; 2007, No. 476, § 9.

(a) All moneys received for carrying out the provisions of this subchapter shall be deposited into the Arkansas Water Development Fund.

(b) (1) The Arkansas Natural Resources Commission shall keep a record of all moneys deposited into and withdrawn from the fund. (2) The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the activity against which each withdrawal is charged.

(1) The Arkansas Natural Resources Commission shall keep a record of all moneys deposited into and withdrawn from the fund.

(2) The record shall indicate by separate cumulative accounts the sources from which the moneys are derived and the activity against which each withdrawal is charged.

Acts 1995, No. 562, § 10; 2007, No. 476, § 9.
Ark. Code Ann. § 15-4-3210 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3210
Authorization of bonds
Status: in_force

(a) (1) Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution authorizing the issuance of the bonds. (2) Each resolution may contain terms, covenants, and conditions as deemed desirable, including, without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the authority, and the registered owners of the bonds. (3) (A) The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or indentures, which may be a master trust indenture, series indenture, supplemental indenture, or any other form of indenture deemed necessary by the authority, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to in this subchapter or as otherwise authorized by law. (B) The trust indenture or indentures shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter or as otherwise authorized by law. (b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured under Arkansas Constitution, Amendment 82, and this subchapter all, any part, or none of the revenues that may be derived from any qualified Amendment 82 project financed by the bonds or financed by the authority in some other manner; and (2) At the option of the authority and to the extent of the revenues that the authority elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state. (c) Any resolution or trust indenture adopted or executed under this section may provide for the retirement and defeasance of the bonds by the depositing of cash or investments in trust to be maintained for the purpose of retirement and defeasance of the bonds. When the provisions of the resolution or trust indenture are complied with, the bonds being defeased shall not be deemed to be outstanding bonded indebtedness for the purposes of this subchapter. Acts 2005, No. 1981, § 1.

(a) (1) Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution authorizing the issuance of the bonds. (2) Each resolution may contain terms, covenants, and conditions as deemed desirable, including, without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the authority, and the registered owners of the bonds. (3) (A) The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or indentures, which may be a master trust indenture, series indenture, supplemental indenture, or any other form of indenture deemed necessary by the authority, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to in this subchapter or as otherwise authorized by law. (B) The trust indenture or indentures shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter or as otherwise authorized by law.

(1) Prior to the issuance of any series of bonds, the Arkansas Development Finance Authority shall adopt a resolution authorizing the issuance of the bonds.

(2) Each resolution may contain terms, covenants, and conditions as deemed desirable, including, without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the authority, and the registered owners of the bonds.

(A) The establishment and maintenance of funds and accounts;

(B) The deposit and investment of revenues and of bond proceeds; and

(C) The rights and obligations of the state, its officers and officials, the authority, and the registered owners of the bonds.

(3) (A) The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or indentures, which may be a master trust indenture, series indenture, supplemental indenture, or any other form of indenture deemed necessary by the authority, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to in this subchapter or as otherwise authorized by law. (B) The trust indenture or indentures shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter or as otherwise authorized by law.

(A) The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or indentures, which may be a master trust indenture, series indenture, supplemental indenture, or any other form of indenture deemed necessary by the authority, with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to in this subchapter or as otherwise authorized by law.

(B) The trust indenture or indentures shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter or as otherwise authorized by law.

(b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured under Arkansas Constitution, Amendment 82, and this subchapter all, any part, or none of the revenues that may be derived from any qualified Amendment 82 project financed by the bonds or financed by the authority in some other manner; and (2) At the option of the authority and to the extent of the revenues that the authority elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state.

(1) To apply to the payment of debt service on the bonds issued or secured under Arkansas Constitution, Amendment 82, and this subchapter all, any part, or none of the revenues that may be derived from any qualified Amendment 82 project financed by the bonds or financed by the authority in some other manner; and

(2) At the option of the authority and to the extent of the revenues that the authority elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state.

(c) Any resolution or trust indenture adopted or executed under this section may provide for the retirement and defeasance of the bonds by the depositing of cash or investments in trust to be maintained for the purpose of retirement and defeasance of the bonds. When the provisions of the resolution or trust indenture are complied with, the bonds being defeased shall not be deemed to be outstanding bonded indebtedness for the purposes of this subchapter.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-4-2002 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2002
Legislative intent
Status: in_force

It is the intent of the General Assembly to assist in cultivating the film industry by: (1) Providing the citizens of Arkansas with the education, training, and financial tools to succeed in today's global economy. The economic landscape of the state and the nation has moved from a manufacturing-based economy to one based on knowledge and technology, and to cultivate the state's economy based upon knowledge and technology, by further developing the film and digital content industry in Arkansas; (2) Providing the financial incentives needed to foster the long-term development of the digital medium and traditional film industry in Arkansas; (3) Recognizing that similar incentives in surrounding states have been a catalyst for unprecedented economic growth within those states and that to create an effective mechanism for the sustained growth of the film industry in Arkansas will require the passage of legislation that establishes a film production incentive program that is not only competitive but also uniquely attractive to specific types of projects, production companies, and infrastructure creation; (4) Recognizing that a successfully cultivated film industry will create a sector of high technology in Arkansas, a much-needed infusion of capital into areas of the state that may be economically depressed, and offer to Arkansans skilled labor employment opportunities that require knowledge and pay well; (5) Recognizing that the temporary revenue loss to seed the initial growth will be offset by the film and digital content industry's total value added to the Arkansas economy and directly offset through the state and local taxes collected on economic activity generated by the industry; (6) Allowing Arkansas to become competitive with surrounding states that offer financial incentives to the film and digital content industry; (7) Creating a vibrant film and digital content industry in Arkansas that will be essential to retain highly educated and creative individuals in Arkansas who want to pursue a career in this field; (8) Recognizing that the state is uniquely qualified to attract digital form product providers to live, work, and play within its borders due to the state's natural settings, availability of labor and materials, climate, and the hospitality of its people; and (9) Recognizing that the Motion Picture Incentive Act of 1983, previously codified at this subchapter, which was one of the first incentives offered to the motion picture industry and allowed the state and motion picture industry to develop a strong partnership, resulted in a significant increase in the number of movies filmed in Arkansas. Acts 1997, No. 919, § 2; 2009, No. 816, § 1.

It is the intent of the General Assembly to assist in cultivating the film industry by:

(1) Providing the citizens of Arkansas with the education, training, and financial tools to succeed in today's global economy. The economic landscape of the state and the nation has moved from a manufacturing-based economy to one based on knowledge and technology, and to cultivate the state's economy based upon knowledge and technology, by further developing the film and digital content industry in Arkansas;

(2) Providing the financial incentives needed to foster the long-term development of the digital medium and traditional film industry in Arkansas;

(3) Recognizing that similar incentives in surrounding states have been a catalyst for unprecedented economic growth within those states and that to create an effective mechanism for the sustained growth of the film industry in Arkansas will require the passage of legislation that establishes a film production incentive program that is not only competitive but also uniquely attractive to specific types of projects, production companies, and infrastructure creation;

(4) Recognizing that a successfully cultivated film industry will create a sector of high technology in Arkansas, a much-needed infusion of capital into areas of the state that may be economically depressed, and offer to Arkansans skilled labor employment opportunities that require knowledge and pay well;

(5) Recognizing that the temporary revenue loss to seed the initial growth will be offset by the film and digital content industry's total value added to the Arkansas economy and directly offset through the state and local taxes collected on economic activity generated by the industry;

(6) Allowing Arkansas to become competitive with surrounding states that offer financial incentives to the film and digital content industry;

(7) Creating a vibrant film and digital content industry in Arkansas that will be essential to retain highly educated and creative individuals in Arkansas who want to pursue a career in this field;

(8) Recognizing that the state is uniquely qualified to attract digital form product providers to live, work, and play within its borders due to the state's natural settings, availability of labor and materials, climate, and the hospitality of its people; and

(9) Recognizing that the Motion Picture Incentive Act of 1983, previously codified at this subchapter, which was one of the first incentives offered to the motion picture industry and allowed the state and motion picture industry to develop a strong partnership, resulted in a significant increase in the number of movies filmed in Arkansas.

Acts 1997, No. 919, § 2; 2009, No. 816, § 1.
Ark. Code Ann. § 15-14-104 — AR Code / Title 15 / Chapter 14 / Section 15-14-104
Eligibility
Status: in_force

(a) To be eligible to be an Arkansas retirement community, an applicant community, acting through a board or panel that serves as the applicant community's official program sponsor, shall: (1) Complete a retiree desirability assessment, as developed by the Arkansas Association of Development Organizations, to include facts regarding crime statistics, tax information, recreational opportunities, housing availability, and other appropriate factors, including criteria listed in subsection (b) of this section; (2) Work to gain the support of churches, clubs, businesses, media, and other entities as necessary for the success of the Arkansas Retirement Community Program in the applicant community; (3) Identify emergency medical services and hospitals within a seventy-five-mile radius of the community; and (4) Submit to the association: (A) An application fee in an amount equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census; (B) An annual renewal fee equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census; (C) A marketing plan detailing the mission as applied to the applicant community, the target market, the competition, an analysis of the applicant community's strengths, weaknesses, opportunities, and dangers and the strategies the applicant community will employ to attain the goals of the program; and (D) A long-term plan outlining the steps the applicant community will undertake to maintain its desirability as a destination for retirees, including an outline of plans to correct any facility and service deficiencies identified in the retiree desirability assessment required by subdivision (a)(1) of this section. (b) The association shall develop and use a scoring system to determine whether an applicant community will qualify as an Arkansas retirement community. In addition to the requirements of subsection (a) of this section, the association shall consider as part of the scoring system the applicant community in relation to the following criteria: (1) Arkansas's state and local tax structure; (2) Housing opportunities and cost; (3) Climate; (4) Personal safety; (5) Working opportunities; (6) Healthcare services and other services along the continuum of care, including home-based services and community-based services, housing for the elderly, assisted living, personal care, and nursing care facilities; (7) Transportation; (8) Continuing education; (9) Leisure living; (10) Recreation; (11) Performing arts; (12) Festivals and events; (13) Sports at all levels; and (14) Other services and facilities in the applicant community that are necessary to enable persons to age in the least restrictive environment, as may be identified by the Department of Human Services. (c) The association shall initiate the program as a pilot program limited to up to ten (10) communities that apply for certification under this program. Acts 2007, No. 808, § 1; 2011, No. 1048, § 3.

(a) To be eligible to be an Arkansas retirement community, an applicant community, acting through a board or panel that serves as the applicant community's official program sponsor, shall: (1) Complete a retiree desirability assessment, as developed by the Arkansas Association of Development Organizations, to include facts regarding crime statistics, tax information, recreational opportunities, housing availability, and other appropriate factors, including criteria listed in subsection (b) of this section; (2) Work to gain the support of churches, clubs, businesses, media, and other entities as necessary for the success of the Arkansas Retirement Community Program in the applicant community; (3) Identify emergency medical services and hospitals within a seventy-five-mile radius of the community; and (4) Submit to the association: (A) An application fee in an amount equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census; (B) An annual renewal fee equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census; (C) A marketing plan detailing the mission as applied to the applicant community, the target market, the competition, an analysis of the applicant community's strengths, weaknesses, opportunities, and dangers and the strategies the applicant community will employ to attain the goals of the program; and (D) A long-term plan outlining the steps the applicant community will undertake to maintain its desirability as a destination for retirees, including an outline of plans to correct any facility and service deficiencies identified in the retiree desirability assessment required by subdivision (a)(1) of this section.

(1) Complete a retiree desirability assessment, as developed by the Arkansas Association of Development Organizations, to include facts regarding crime statistics, tax information, recreational opportunities, housing availability, and other appropriate factors, including criteria listed in subsection (b) of this section;

(2) Work to gain the support of churches, clubs, businesses, media, and other entities as necessary for the success of the Arkansas Retirement Community Program in the applicant community;

(3) Identify emergency medical services and hospitals within a seventy-five-mile radius of the community; and

(4) Submit to the association: (A) An application fee in an amount equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census; (B) An annual renewal fee equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census; (C) A marketing plan detailing the mission as applied to the applicant community, the target market, the competition, an analysis of the applicant community's strengths, weaknesses, opportunities, and dangers and the strategies the applicant community will employ to attain the goals of the program; and (D) A long-term plan outlining the steps the applicant community will undertake to maintain its desirability as a destination for retirees, including an outline of plans to correct any facility and service deficiencies identified in the retiree desirability assessment required by subdivision (a)(1) of this section.

(A) An application fee in an amount equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census;

(i) Two thousand five hundred dollars ($2,500); or

(ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census;

(B) An annual renewal fee equal to the greater of: (i) Two thousand five hundred dollars ($2,500); or (ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census;

(i) Two thousand five hundred dollars ($2,500); or

(ii) Twenty-five cents (25¢) multiplied by the population of the applicant community, as determined by the most recent federal decennial census;

(C) A marketing plan detailing the mission as applied to the applicant community, the target market, the competition, an analysis of the applicant community's strengths, weaknesses, opportunities, and dangers and the strategies the applicant community will employ to attain the goals of the program; and

(D) A long-term plan outlining the steps the applicant community will undertake to maintain its desirability as a destination for retirees, including an outline of plans to correct any facility and service deficiencies identified in the retiree desirability assessment required by subdivision (a)(1) of this section.

(b) The association shall develop and use a scoring system to determine whether an applicant community will qualify as an Arkansas retirement community. In addition to the requirements of subsection (a) of this section, the association shall consider as part of the scoring system the applicant community in relation to the following criteria: (1) Arkansas's state and local tax structure; (2) Housing opportunities and cost; (3) Climate; (4) Personal safety; (5) Working opportunities; (6) Healthcare services and other services along the continuum of care, including home-based services and community-based services, housing for the elderly, assisted living, personal care, and nursing care facilities; (7) Transportation; (8) Continuing education; (9) Leisure living; (10) Recreation; (11) Performing arts; (12) Festivals and events; (13) Sports at all levels; and (14) Other services and facilities in the applicant community that are necessary to enable persons to age in the least restrictive environment, as may be identified by the Department of Human Services.

(1) Arkansas's state and local tax structure;

(2) Housing opportunities and cost;

(3) Climate;

(4) Personal safety;

(5) Working opportunities;

(6) Healthcare services and other services along the continuum of care, including home-based services and community-based services, housing for the elderly, assisted living, personal care, and nursing care facilities;

(7) Transportation;

(8) Continuing education;

(9) Leisure living;

(10) Recreation;

(11) Performing arts;

(12) Festivals and events;

(13) Sports at all levels; and

(14) Other services and facilities in the applicant community that are necessary to enable persons to age in the least restrictive environment, as may be identified by the Department of Human Services.

(c) The association shall initiate the program as a pilot program limited to up to ten (10) communities that apply for certification under this program.

Acts 2007, No. 808, § 1; 2011, No. 1048, § 3.