Ark. Code Ann. § 15-4-3019 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3019
No rights until first series of bonds sold and delivered - Outstanding bonds unaffected
Status: in_force

(a) This subchapter shall not create any right of any character, and no right of any character shall arise under it unless and until the first series of bonds authorized by this subchapter are sold and delivered. (b) The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Development Finance Authority issued under prior acts. Acts 2003, No. 1751, § 19.

(a) This subchapter shall not create any right of any character, and no right of any character shall arise under it unless and until the first series of bonds authorized by this subchapter are sold and delivered.

(b) The issuance of bonds authorized by this subchapter shall not impair or affect any outstanding bonds of the Arkansas Development Finance Authority issued under prior acts.

Acts 2003, No. 1751, § 19.
Ark. Code Ann. § 15-10-302 — AR Code / Title 15 / Chapter 10 / Subchapter 3 / Section 15-10-302
Definitions
Status: in_force

As used in this subchapter: (1) "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation; (2) "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing nuclear material; (3) "Operator" means any individual who manipulates the controls of a utilization facility or production facility; (4) "Production facility" means: (A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public; or (B) Any important component part especially designed for such equipment or device; (5) "Special nuclear material" means: (A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235 or any other material after the United States Nuclear Regulatory Commission has determined the material to be such; or (B) Any material artificially enriched by any of the foregoing; and (6) "Utilization facility" means any: (A) Equipment or device, except an atomic weapon, capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public; or (B) Important component part especially designed for such equipment or device. Acts 1957, No. 386, § 6; A.S.A. 1947, § 82-1406.

As used in this subchapter:

(1) "Atomic energy" means all forms of energy released in the course of nuclear fission or nuclear transformation;

(2) "By-product material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing nuclear material;

(3) "Operator" means any individual who manipulates the controls of a utilization facility or production facility;

(4) "Production facility" means: (A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public; or (B) Any important component part especially designed for such equipment or device;

(A) Any equipment or device capable of the production of special nuclear material in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public; or

(B) Any important component part especially designed for such equipment or device;

(5) "Special nuclear material" means: (A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235 or any other material after the United States Nuclear Regulatory Commission has determined the material to be such; or (B) Any material artificially enriched by any of the foregoing; and

(A) Plutonium and uranium enriched in the isotope 233 or in the isotope 235 or any other material after the United States Nuclear Regulatory Commission has determined the material to be such; or

(B) Any material artificially enriched by any of the foregoing; and

(6) "Utilization facility" means any: (A) Equipment or device, except an atomic weapon, capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public; or (B) Important component part especially designed for such equipment or device.

(A) Equipment or device, except an atomic weapon, capable of making use of special nuclear material in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public or peculiarly adapted for making use of atomic energy in such quantity as to be of significance to the common defense and security or in such manner as to affect the health and safety of the public; or

(B) Important component part especially designed for such equipment or device.

Acts 1957, No. 386, § 6; A.S.A. 1947, § 82-1406.
Ark. Code Ann. § 15-60-114 — AR Code / Title 15 / Chapter 60 / Section 15-60-114
Failure to preserve records or permit inspection - False statements in application
Status: in_force

Any licensee under this chapter shall forfeit his, her, or its licenses and be guilty of a misdemeanor if he, she, or it: (1) Fails, neglects, or refuses to keep and preserve the records provided for in this chapter; (2) Knowingly makes any false entries upon and within the records; (3) Causes any false or fictitious names upon and within the records; (4) Refuses to permit any authorized person to inspect the records or entries therein; or (5) Makes false statements concerning the application for license. Acts 1943, No. 86, § 13; A.S.A. 1947, § 52-813.

Any licensee under this chapter shall forfeit his, her, or its licenses and be guilty of a misdemeanor if he, she, or it:

(1) Fails, neglects, or refuses to keep and preserve the records provided for in this chapter;

(2) Knowingly makes any false entries upon and within the records;

(3) Causes any false or fictitious names upon and within the records;

(4) Refuses to permit any authorized person to inspect the records or entries therein; or

(5) Makes false statements concerning the application for license.

Acts 1943, No. 86, § 13; A.S.A. 1947, § 52-813.
Ark. Code Ann. § 15-4-2010 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2010
Rules
Status: in_force

The Arkansas Economic Development Commission shall promulgate appropriate rules to carry out the intent and purposes of this subchapter and to prevent abuse. Acts 1997, No. 919, § 12; 2009, No. 816, § 1.

The Arkansas Economic Development Commission shall promulgate appropriate rules to carry out the intent and purposes of this subchapter and to prevent abuse.

Acts 1997, No. 919, § 12; 2009, No. 816, § 1.
Ark. Code Ann. § 15-3-105 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-105
Organization
Status: in_force

Directors of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission shall annually elect from their membership one (1) member as chair, one (1) member as vice chair, and one (1) member as secretary. Amended by Act 2019, No. 910,§ 332, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, § 6-1602.

Directors of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission shall annually elect from their membership one (1) member as chair, one (1) member as vice chair, and one (1) member as secretary.

Amended by Act 2019, No. 910,§ 332, eff. 7/1/2019.

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

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

Acts 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, § 6-1602.
Ark. Code Ann. § 15-56-407 — AR Code / Title 15 / Chapter 56 / Subchapter 4 / Section 15-56-407
Confirmation of lease by court - Effect
Status: in_force

(a) After the trustee has executed the bond required by the court, the life tenant shall execute and present to the court for its examination the mineral lease so authorized. This lease shall reflect the portion of the consideration, rentals, other payments, if any, and royalties which shall be paid to the life tenant and the portion thereof which shall be paid to the trustee. (b) If the court finds that the lease conforms to its previous orders, and shall be further satisfied that the consideration therefor has been paid to the trustee and the life tenant in conformity with the previous orders of the court, it shall approve the lease and confirm the sale thereof. At that time, the lessee shall become vested with the leasehold interest in and to the minerals, other than oil and gas, which are included in the lease and are situated in, on, and under the lands, free and clear of any limitations, restrictions, or conditions imposed upon the lands in the grant or will under which the life tenant acquired title to the lands and free and clear of any present or future claim of any person asserting or attempting to assert any reversional or remainder interest therein on account of the deed or will, subject to the conditions imposed by the lease. Acts 1961, No. 94, § 5; A.S.A. 1947, § 52-219.

(a) After the trustee has executed the bond required by the court, the life tenant shall execute and present to the court for its examination the mineral lease so authorized. This lease shall reflect the portion of the consideration, rentals, other payments, if any, and royalties which shall be paid to the life tenant and the portion thereof which shall be paid to the trustee.

(b) If the court finds that the lease conforms to its previous orders, and shall be further satisfied that the consideration therefor has been paid to the trustee and the life tenant in conformity with the previous orders of the court, it shall approve the lease and confirm the sale thereof. At that time, the lessee shall become vested with the leasehold interest in and to the minerals, other than oil and gas, which are included in the lease and are situated in, on, and under the lands, free and clear of any limitations, restrictions, or conditions imposed upon the lands in the grant or will under which the life tenant acquired title to the lands and free and clear of any present or future claim of any person asserting or attempting to assert any reversional or remainder interest therein on account of the deed or will, subject to the conditions imposed by the lease.

Acts 1961, No. 94, § 5; A.S.A. 1947, § 52-219.
Ark. Code Ann. § 15-72-903 — AR Code / Title 15 / Chapter 72 / Subchapter 9 / Section 15-72-903
Extension or termination of compact by Governor
Status: in_force

The Governor of Arkansas is further authorized and empowered, for and in the name of the State of Arkansas, to execute agreements for the further extension of the expiration date of the Interstate Oil Compact to Conserve Oil and Gas, and to determine if and when it shall be for the best interest of the State of Arkansas to withdraw from said compact upon sixty (60) days' notice as provided by its terms. In the event he or she shall determine that the state should withdraw from said compact, he or she shall have full power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the State of Arkansas from said compact. Acts 1941, No. 86, § 3; A.S.A. 1947, § 53-803.

The Governor of Arkansas is further authorized and empowered, for and in the name of the State of Arkansas, to execute agreements for the further extension of the expiration date of the Interstate Oil Compact to Conserve Oil and Gas, and to determine if and when it shall be for the best interest of the State of Arkansas to withdraw from said compact upon sixty (60) days' notice as provided by its terms. In the event he or she shall determine that the state should withdraw from said compact, he or she shall have full power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the State of Arkansas from said compact.

Acts 1941, No. 86, § 3; A.S.A. 1947, § 53-803.
Ark. Code Ann. § 15-75-302 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-302
Annual permit required
Status: in_force

(a) Every person, as a condition to his or her right to store, sell, or transport liquefied petroleum gases in this state or to his or her right to install systems or to sell or install containers for the use of liquefied petroleum gases or to engage in the business of liquefied petroleum gases generally, shall first obtain a permit from the Director of the Liquefied Petroleum Gas Board with the approval of the Liquefied Petroleum Gas Board as herein prescribed. (b) Each permit shall be renewed annually. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1999, No. 1577, § 5.

(a) Every person, as a condition to his or her right to store, sell, or transport liquefied petroleum gases in this state or to his or her right to install systems or to sell or install containers for the use of liquefied petroleum gases or to engage in the business of liquefied petroleum gases generally, shall first obtain a permit from the Director of the Liquefied Petroleum Gas Board with the approval of the Liquefied Petroleum Gas Board as herein prescribed.

(b) Each permit shall be renewed annually.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1999, No. 1577, § 5.
Ark. Code Ann. § 15-22-1007 — AR Code / Title 15 / Chapter 22 / Subchapter 10 / Section 15-22-1007
Monitoring activities in mitigation banks - Reports
Status: in_force

(a) The Arkansas Natural Resources Commission shall maintain a record of actions for each mitigation bank and conduct monitoring of mitigation banks with moneys set aside for that purpose in the Arkansas Water Development Fund. (b) [Repealed.] Amended by Act 2021, No. 501,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 81, eff. 7/1/2019. Acts 1995, No. 562, § 7; 2007, No. 476, § 6.

(a) The Arkansas Natural Resources Commission shall maintain a record of actions for each mitigation bank and conduct monitoring of mitigation banks with moneys set aside for that purpose in the Arkansas Water Development Fund.

(b) [Repealed.]

Amended by Act 2021, No. 501,§ 7, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 81, eff. 7/1/2019.

Acts 1995, No. 562, § 7; 2007, No. 476, § 6.
Ark. Code Ann. § 15-60-113 — AR Code / Title 15 / Chapter 60 / Section 15-60-113
Inspection and preservation of records
Status: in_force

The records required to be kept by §§ 15-60-111 and 15-60-112 shall be open for inspection at all reasonable times by the sheriff, Department of Arkansas State Police, and prosecuting attorney. The records of each transaction must be kept for a period of at least three (3) years. Acts 1943, No. 86, § 12; A.S.A. 1947, § 52-812.

The records required to be kept by §§ 15-60-111 and 15-60-112 shall be open for inspection at all reasonable times by the sheriff, Department of Arkansas State Police, and prosecuting attorney. The records of each transaction must be kept for a period of at least three (3) years.

Acts 1943, No. 86, § 12; A.S.A. 1947, § 52-812.
Ark. Code Ann. § 15-4-3222 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3222
Release of information
Status: in_force

(a) (1) Except as otherwise required to be disclosed under this subchapter, all information of the type identified in § 25-19-105(b)(9)(A) and related to a proposed project or a qualified Amendment 82 project that is provided to, compiled by or for, or developed by or for the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, the Chief Fiscal Officer of the State, a local entity, the Governor, or the Office of Economic and Tax Policy of the Bureau of Legislative Research in furtherance of their powers, duties, and obligations under this subchapter is awarded the privileges and entitled to the exclusions set forth in subsection (b) of this section. (2) Subdivision (a)(1) of this section shall not apply to information that is: (A) Generated, compiled, or developed by a local entity that is not an agency or instrumentality of the state; (B) Noncompetitive and nonproprietary; and (C) Not provided to the commission under its powers, duties, and obligations set forth in this subchapter. (b) The information described in subdivision (a)(1) of this section is not open to inspection and copying by any citizen of the State of Arkansas and is specifically exempt from the requirements of § 25-19-105(a) regardless of whether such information is in the custody of the commission, the authority, the Chief Fiscal Officer of the State, a local entity, or the Governor. Acts 2005, No. 1981, § 1.

(a) (1) Except as otherwise required to be disclosed under this subchapter, all information of the type identified in § 25-19-105(b)(9)(A) and related to a proposed project or a qualified Amendment 82 project that is provided to, compiled by or for, or developed by or for the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, the Chief Fiscal Officer of the State, a local entity, the Governor, or the Office of Economic and Tax Policy of the Bureau of Legislative Research in furtherance of their powers, duties, and obligations under this subchapter is awarded the privileges and entitled to the exclusions set forth in subsection (b) of this section. (2) Subdivision (a)(1) of this section shall not apply to information that is: (A) Generated, compiled, or developed by a local entity that is not an agency or instrumentality of the state; (B) Noncompetitive and nonproprietary; and (C) Not provided to the commission under its powers, duties, and obligations set forth in this subchapter.

(1) Except as otherwise required to be disclosed under this subchapter, all information of the type identified in § 25-19-105(b)(9)(A) and related to a proposed project or a qualified Amendment 82 project that is provided to, compiled by or for, or developed by or for the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, the Chief Fiscal Officer of the State, a local entity, the Governor, or the Office of Economic and Tax Policy of the Bureau of Legislative Research in furtherance of their powers, duties, and obligations under this subchapter is awarded the privileges and entitled to the exclusions set forth in subsection (b) of this section.

(2) Subdivision (a)(1) of this section shall not apply to information that is: (A) Generated, compiled, or developed by a local entity that is not an agency or instrumentality of the state; (B) Noncompetitive and nonproprietary; and (C) Not provided to the commission under its powers, duties, and obligations set forth in this subchapter.

(A) Generated, compiled, or developed by a local entity that is not an agency or instrumentality of the state;

(B) Noncompetitive and nonproprietary; and

(C) Not provided to the commission under its powers, duties, and obligations set forth in this subchapter.

(b) The information described in subdivision (a)(1) of this section is not open to inspection and copying by any citizen of the State of Arkansas and is specifically exempt from the requirements of § 25-19-105(a) regardless of whether such information is in the custody of the commission, the authority, the Chief Fiscal Officer of the State, a local entity, or the Governor.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-72-802 — AR Code / Title 15 / Chapter 72 / Subchapter 8 / Section 15-72-802
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Assignment" means an action taken by the Arkansas Energy Office of the Division of Environmental Quality, designating that a prime supplier of petroleum products supply them to an authorized consumer, wholesale purchaser-consumer, or wholesale purchaser-reseller to facilitate relief of emergency or hardship needs, pursuant to § 15-72-804 ; (2) "Broker" means a marketer of petroleum products who performs none of the basic marketing functions but normally brings buyer and seller together and receives a fee or commission for his or her services; (3) "Consumer" means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity which purchases petroleum products for ultimate consumption in Arkansas; (4) "Director" means the Director of the Arkansas Energy Office; (5) "Firm" means any association, company, corporation, estate, individual, joint venture, partnership, or sole proprietorship or any entity however organized, including charitable or educational institutions and the United States Government, including federal corporations, departments, and agencies and state and local governments; (6) "Petroleum products" means propane, motor gasoline, blended fuels, kerosene, #2 heating oil, diesel fuel, kerosene-base jet fuel, naphtha-base jet fuel, and aviation gasoline; (7) "Prime supplier" means the supplier which makes the first sale of any petroleum product subject to the state set-aside into the state distribution system for consumption within the state. Notwithstanding the above, "prime supplier" shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy; (8) "Purchaser" means a wholesale purchaser or consumer, or both; (9) "Set-aside" means, with respect to a particular prime supplier, the amount of a petroleum product which is made available from the total supply of a prime supplier, pursuant to the provisions of § 15-72-804 , for utilization by the office to resolve emergencies and hardships due to shortages or other dislocations in petroleum products distribution systems; and (10) (A) "Supplier" means any firm or any part or subsidiary of any firm, other than the United States Department of Defense, which supplies, sells, transfers, or otherwise furnishes any allocated product to wholesale purchasers or end users, including, but not limited to, refiners, importers, resellers, brokers, jobbers, and retailers. (B) Notwithstanding subdivision (10)(A) of this section, "supplier" shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy. Amended by Act 2019, No. 910,§ 3179, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3178, eff. 7/1/2019. Amended by Act 2017, No. 271,§ 11, eff. 8/1/2017. Amended by Act 2017, No. 271,§ 10, eff. 8/1/2017. Acts 1983, No. 377, § 2; A.S.A. 1947, § 53-1502; Acts 2007, No. 554, §§ 1, 2.

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

(1) "Assignment" means an action taken by the Arkansas Energy Office of the Division of Environmental Quality, designating that a prime supplier of petroleum products supply them to an authorized consumer, wholesale purchaser-consumer, or wholesale purchaser-reseller to facilitate relief of emergency or hardship needs, pursuant to § 15-72-804 ;

(2) "Broker" means a marketer of petroleum products who performs none of the basic marketing functions but normally brings buyer and seller together and receives a fee or commission for his or her services;

(3) "Consumer" means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity which purchases petroleum products for ultimate consumption in Arkansas;

(4) "Director" means the Director of the Arkansas Energy Office;

(5) "Firm" means any association, company, corporation, estate, individual, joint venture, partnership, or sole proprietorship or any entity however organized, including charitable or educational institutions and the United States Government, including federal corporations, departments, and agencies and state and local governments;

(6) "Petroleum products" means propane, motor gasoline, blended fuels, kerosene, #2 heating oil, diesel fuel, kerosene-base jet fuel, naphtha-base jet fuel, and aviation gasoline;

(7) "Prime supplier" means the supplier which makes the first sale of any petroleum product subject to the state set-aside into the state distribution system for consumption within the state. Notwithstanding the above, "prime supplier" shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy;

(8) "Purchaser" means a wholesale purchaser or consumer, or both;

(9) "Set-aside" means, with respect to a particular prime supplier, the amount of a petroleum product which is made available from the total supply of a prime supplier, pursuant to the provisions of § 15-72-804 , for utilization by the office to resolve emergencies and hardships due to shortages or other dislocations in petroleum products distribution systems; and

(10) (A) "Supplier" means any firm or any part or subsidiary of any firm, other than the United States Department of Defense, which supplies, sells, transfers, or otherwise furnishes any allocated product to wholesale purchasers or end users, including, but not limited to, refiners, importers, resellers, brokers, jobbers, and retailers. (B) Notwithstanding subdivision (10)(A) of this section, "supplier" shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy.

(A) "Supplier" means any firm or any part or subsidiary of any firm, other than the United States Department of Defense, which supplies, sells, transfers, or otherwise furnishes any allocated product to wholesale purchasers or end users, including, but not limited to, refiners, importers, resellers, brokers, jobbers, and retailers.

(B) Notwithstanding subdivision (10)(A) of this section, "supplier" shall not include any firm, or any part or subsidiary of any firm which supplies, sells, transfers, or otherwise furnishes any allocated product exclusively to utilities for generation of electric energy.

Amended by Act 2019, No. 910,§ 3179, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3178, eff. 7/1/2019.

Amended by Act 2017, No. 271,§ 11, eff. 8/1/2017.

Amended by Act 2017, No. 271,§ 10, eff. 8/1/2017.

Acts 1983, No. 377, § 2; A.S.A. 1947, § 53-1502; Acts 2007, No. 554, §§ 1, 2.
Ark. Code Ann. § 15-75-202 — AR Code / Title 15 / Chapter 75 / Subchapter 2 / Section 15-75-202
Meetings
Status: in_force

(a) The Liquefied Petroleum Gas Board shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions. (b) Meetings shall be at the call of the chair or of the vice chair if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least four (4) members. (c) A quorum shall consist of not fewer than four (4) members present at any regular or special meeting, and a majority affirmative vote of that number shall be necessary for the disposition of any business. (d) No meeting shall be for a longer period of time than is absolutely necessary to transact the business of the board. (e) The board may meet one (1) time each calendar quarter, but no more than one (1) meeting shall be held during a sixty-day period for which a member is to receive compensation or reimbursement of expenses incurred. Amended by Act 2013, No. 327,§ 1, eff. 8/16/2013. Acts 1965, No. 31, §§ 8, 9; A.S.A. 1947, §§ 53-707, 53-708; Acts 1999, No. 1577, § 2.

(a) The Liquefied Petroleum Gas Board shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions.

(b) Meetings shall be at the call of the chair or of the vice chair if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least four (4) members.

(c) A quorum shall consist of not fewer than four (4) members present at any regular or special meeting, and a majority affirmative vote of that number shall be necessary for the disposition of any business.

(d) No meeting shall be for a longer period of time than is absolutely necessary to transact the business of the board.

(e) The board may meet one (1) time each calendar quarter, but no more than one (1) meeting shall be held during a sixty-day period for which a member is to receive compensation or reimbursement of expenses incurred.

Amended by Act 2013, No. 327,§ 1, eff. 8/16/2013.

Acts 1965, No. 31, §§ 8, 9; A.S.A. 1947, §§ 53-707, 53-708; Acts 1999, No. 1577, § 2.
Ark. Code Ann. § 15-4-3412 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3412
Administration - Rules
Status: in_force

The Arkansas Economic Development Commission shall administer this subchapter and may adopt any rules necessary to implement this subchapter. Acts 2011, No. 895, § 1.

The Arkansas Economic Development Commission shall administer this subchapter and may adopt any rules necessary to implement this subchapter.

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-3-115 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-115
Pledging of credit
Status: in_force

The Division of Science and Technology of the Arkansas Economic Development Commission shall not pledge the credit of the State of Arkansas or any of its revenues, except by the authority granted to it by the General Assembly and upon approval of the electors of this state as may be required by Arkansas Constitution, Amendment 20. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 5; A.S.A. 1947, § 6-1605.

The Division of Science and Technology of the Arkansas Economic Development Commission shall not pledge the credit of the State of Arkansas or any of its revenues, except by the authority granted to it by the General Assembly and upon approval of the electors of this state as may be required by Arkansas Constitution, Amendment 20.

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

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

Acts 1983, No. 859, § 5; A.S.A. 1947, § 6-1605.
Ark. Code Ann. § 15-20-503 — AR Code / Title 15 / Chapter 20 / Subchapter 5 / Section 15-20-503
Exceptions
Status: in_force

(a) Activities and consequences thereof by employees of the Arkansas Natural Heritage Commission or their agents or by persons under contract to the commission or their agents shall not be construed as violations of this subchapter when such employees, persons, or agents are acting in performance of their official duties. (b) Activities and consequences thereof conducted pursuant to and in accord with the provisions of any permit or special authorization issued by the Director of the Arkansas Natural Heritage Commission shall not be construed as violations of this subchapter. Acts 1989, No. 381, § 3.

(a) Activities and consequences thereof by employees of the Arkansas Natural Heritage Commission or their agents or by persons under contract to the commission or their agents shall not be construed as violations of this subchapter when such employees, persons, or agents are acting in performance of their official duties.

(b) Activities and consequences thereof conducted pursuant to and in accord with the provisions of any permit or special authorization issued by the Director of the Arkansas Natural Heritage Commission shall not be construed as violations of this subchapter.

Acts 1989, No. 381, § 3.
Ark. Code Ann. § 15-22-408 — AR Code / Title 15 / Chapter 22 / Subchapter 4 / Section 15-22-408
Deposit of collected sums
Status: in_force

Any sums collected by the county recorder as provided in § 15-22-407 shall be deposited by the county recorder within ten (10) days with the county treasurer into the county general revenue fund. Acts 1949, No. 478, § 7; A.S.A. 1947, § 21-1107.

Any sums collected by the county recorder as provided in § 15-22-407 shall be deposited by the county recorder within ten (10) days with the county treasurer into the county general revenue fund.

Acts 1949, No. 478, § 7; A.S.A. 1947, § 21-1107.
Ark. Code Ann. § 15-72-312 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-312
Operator's lien
Status: in_force

(a) The operator may have a lien on all of the property owned by each owner within the unit area to secure the payment of his or her proportionate part of the expenses of unit operation. (b) The lien may be established by filing an affidavit with the circuit clerk of the county in which the property involved or any part thereof is located. This affidavit shall set forth an itemized statement of the amount due and the interest of the owner in the unit and may be enforced in the manner as now provided for the enforcement of laborers' liens. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.

(a) The operator may have a lien on all of the property owned by each owner within the unit area to secure the payment of his or her proportionate part of the expenses of unit operation.

(b) The lien may be established by filing an affidavit with the circuit clerk of the county in which the property involved or any part thereof is located. This affidavit shall set forth an itemized statement of the amount due and the interest of the owner in the unit and may be enforced in the manner as now provided for the enforcement of laborers' liens.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-75-309 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-309
Class three permit
Status: in_force

(a) The holder of a class three permit: (1) May fill, sell, and deliver ICC/DOT cylinders and ASME motor fuel cylinders only; (2) May establish cylinder exchange stations, deliver filled cylinders to ICC/DOT cylinder and ASME cylinder exchange stations, and service cylinders throughout the state; (3) Must pay an annual permit fee in the sum of one hundred dollars ($100); (4) Must provide liquefied petroleum gas for the cylinders by the following method: (A) Furnish a storage container to be located in Arkansas, with a capacity of not less than one thousand (1,000) gallons, unless the Liquefied Petroleum Gas Board authorizes a smaller container, in connection with the proper type filling facilities; (B) Cylinders, not to exceed thirty (30) gallons, must be filled by weight or other approved method only at cylinder filling facilities approved by the board. (b) The storage container furnished by the class three permit must be inspected and approved by the board prior to its first use in the class three operation and once annually thereafter. (c) When any cylinder exchange station location changes status from active to inactive or inactive to active the class three permit holder must notify the board within thirty (30) days after the change of status. (d) The applicant for a class three permit: (1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (2) Must provide full-time employment of qualified personnel whose competency shall be proved through a current written or oral examination; (3) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; and (4) Must comply with all other applicable requirements. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 5; 1995, No. 604, § 2.

(a) The holder of a class three permit: (1) May fill, sell, and deliver ICC/DOT cylinders and ASME motor fuel cylinders only; (2) May establish cylinder exchange stations, deliver filled cylinders to ICC/DOT cylinder and ASME cylinder exchange stations, and service cylinders throughout the state; (3) Must pay an annual permit fee in the sum of one hundred dollars ($100); (4) Must provide liquefied petroleum gas for the cylinders by the following method: (A) Furnish a storage container to be located in Arkansas, with a capacity of not less than one thousand (1,000) gallons, unless the Liquefied Petroleum Gas Board authorizes a smaller container, in connection with the proper type filling facilities; (B) Cylinders, not to exceed thirty (30) gallons, must be filled by weight or other approved method only at cylinder filling facilities approved by the board.

(1) May fill, sell, and deliver ICC/DOT cylinders and ASME motor fuel cylinders only;

(2) May establish cylinder exchange stations, deliver filled cylinders to ICC/DOT cylinder and ASME cylinder exchange stations, and service cylinders throughout the state;

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

(4) Must provide liquefied petroleum gas for the cylinders by the following method: (A) Furnish a storage container to be located in Arkansas, with a capacity of not less than one thousand (1,000) gallons, unless the Liquefied Petroleum Gas Board authorizes a smaller container, in connection with the proper type filling facilities; (B) Cylinders, not to exceed thirty (30) gallons, must be filled by weight or other approved method only at cylinder filling facilities approved by the board.

(A) Furnish a storage container to be located in Arkansas, with a capacity of not less than one thousand (1,000) gallons, unless the Liquefied Petroleum Gas Board authorizes a smaller container, in connection with the proper type filling facilities;

(B) Cylinders, not to exceed thirty (30) gallons, must be filled by weight or other approved method only at cylinder filling facilities approved by the board.

(b) The storage container furnished by the class three permit must be inspected and approved by the board prior to its first use in the class three operation and once annually thereafter.

(c) When any cylinder exchange station location changes status from active to inactive or inactive to active the class three permit holder must notify the board within thirty (30) days after the change of status.

(d) The applicant for a class three permit: (1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (2) Must provide full-time employment of qualified personnel whose competency shall be proved through a current written or oral examination; (3) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; and (4) Must comply with all other applicable requirements.

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

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

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

Each Person

$500,000

Each Accident

500,000

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

Each Accident

$500,000

Aggregate

500,000

(C) Products Bodily Injury Liability Insurance

Each Person

$500,000

Each Accident

500,000

Aggregate

500,000

(D) Products Property Damage Liability Insurance

Each Accident

$500,000

Aggregate

500,000

(2) Must provide full-time employment of qualified personnel whose competency shall be proved through a current written or oral examination;

(3) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; and

(4) Must comply with all other applicable requirements.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 5; 1995, No. 604, § 2.
Ark. Code Ann. § 15-22-913 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-913
Fees
Status: in_force

(a) The Arkansas Natural Resources Commission shall assess annual fees for: (1) The withdrawal of surface water in the amount of ten dollars ($10.00) per registered withdrawal point; and (2) The withdrawal of groundwater in the amount of ten dollars ($10.00) per registered well. (b) The fee shall be payable at the time of water use reporting pursuant to §§ 15-22-215 and 15-22-302 . Acts 1991, No. 154, § 13; 1991, No. 342, § 13.

(a) The Arkansas Natural Resources Commission shall assess annual fees for: (1) The withdrawal of surface water in the amount of ten dollars ($10.00) per registered withdrawal point; and (2) The withdrawal of groundwater in the amount of ten dollars ($10.00) per registered well.

(1) The withdrawal of surface water in the amount of ten dollars ($10.00) per registered withdrawal point; and

(2) The withdrawal of groundwater in the amount of ten dollars ($10.00) per registered well.

(b) The fee shall be payable at the time of water use reporting pursuant to §§ 15-22-215 and 15-22-302 .

Acts 1991, No. 154, § 13; 1991, No. 342, § 13.
Ark. Code Ann. § 15-4-213 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-213
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1987, No. 1069, § 1; 1997, No. 540, § 22.

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

Acts 1987, No. 1069, § 1; 1997, No. 540, § 22.
Ark. Code Ann. § 15-4-512 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-512
Filing charges
Status: in_force

The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation, ten dollars ($10.00); (2) Filing articles of amendment and issuing a certificate of amendment, ten dollars ($10.00); and (3) Filing articles of dissolution, one dollar ($1.00). Acts 1955, No. 404, § 25; 1957, No. 47, § 4; A.S.A. 1947, § 9-528.

The Secretary of State shall charge and collect for:

(1) Filing articles of incorporation and issuing a certificate of incorporation, ten dollars ($10.00);

(2) Filing articles of amendment and issuing a certificate of amendment, ten dollars ($10.00); and

(3) Filing articles of dissolution, one dollar ($1.00).

Acts 1955, No. 404, § 25; 1957, No. 47, § 4; A.S.A. 1947, § 9-528.
Ark. Code Ann. § 15-4-1404 — AR Code / Title 15 / Chapter 4 / Subchapter 14 / Section 15-4-1404
Authority of board
Status: in_force

(a) The Board of Trustees of the University of Arkansas, on behalf of the Center for Prototype Development and Emerging Technologies, may: (1) Enter into contracts on a competitive-bid basis or noncompetitive-bid basis, consistent with state laws and rules, with public and private agencies, institutions, organizations, and individuals for the purpose of providing assistance to and services for inventors as required by this subchapter; (2) Solicit the support and contribution of public and private agencies, organizations, institutions, and individuals; (3) Receive and administer funds for the purpose of operating the inventors' assistance program; (4) Advertise and promote the inventors' assistance program; (5) Adopt policies and procedures to implement the provisions of this subchapter; and (6) Acquire security interests in intellectual property to the extent necessary to protect the state's interest in the fees charged pursuant to § 15-4-1406 . (b) The board, on behalf of the center, is authorized to enter into a written contract with each center employee which shall include provisions designed to protect the confidentiality of inventors' proposals and to prohibit the employee from using information gained at the center to compete with or disadvantage any inventor. Amended by Act 2019, No. 315,§ 1064, eff. 7/24/2019. Acts 1991, No. 707, §§ 4, 5.

(a) The Board of Trustees of the University of Arkansas, on behalf of the Center for Prototype Development and Emerging Technologies, may: (1) Enter into contracts on a competitive-bid basis or noncompetitive-bid basis, consistent with state laws and rules, with public and private agencies, institutions, organizations, and individuals for the purpose of providing assistance to and services for inventors as required by this subchapter; (2) Solicit the support and contribution of public and private agencies, organizations, institutions, and individuals; (3) Receive and administer funds for the purpose of operating the inventors' assistance program; (4) Advertise and promote the inventors' assistance program; (5) Adopt policies and procedures to implement the provisions of this subchapter; and (6) Acquire security interests in intellectual property to the extent necessary to protect the state's interest in the fees charged pursuant to § 15-4-1406 .

(1) Enter into contracts on a competitive-bid basis or noncompetitive-bid basis, consistent with state laws and rules, with public and private agencies, institutions, organizations, and individuals for the purpose of providing assistance to and services for inventors as required by this subchapter;

(2) Solicit the support and contribution of public and private agencies, organizations, institutions, and individuals;

(3) Receive and administer funds for the purpose of operating the inventors' assistance program;

(4) Advertise and promote the inventors' assistance program;

(5) Adopt policies and procedures to implement the provisions of this subchapter; and

(6) Acquire security interests in intellectual property to the extent necessary to protect the state's interest in the fees charged pursuant to § 15-4-1406 .

(b) The board, on behalf of the center, is authorized to enter into a written contract with each center employee which shall include provisions designed to protect the confidentiality of inventors' proposals and to prohibit the employee from using information gained at the center to compete with or disadvantage any inventor.

Amended by Act 2019, No. 315,§ 1064, eff. 7/24/2019.

Acts 1991, No. 707, §§ 4, 5.
Ark. Code Ann. § 15-4-1027 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1027
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 27; A.S.A. 1947, § 67-1653; Acts 2003, No. 860, § 8.

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

Acts 1985, No. 410, § 27; A.S.A. 1947, § 67-1653; Acts 2003, No. 860, § 8.
Ark. Code Ann. § 15-13-304 — AR Code / Title 15 / Chapter 13 / Subchapter 3 / Section 15-13-304
Distribution incentives for alternative fuels distributors
Status: in_force

(a) The Arkansas Alternative Fuels Development Program shall include a grant incentive program that provides grants to alternative fuels distributors to assist the alternative fuels distributors with the storage and distribution of the alternative fuels or alternative fuels mixture at distribution facilities that are located and operated in Arkansas. (b) The Department of Agriculture shall create a grant application process for alternative fuels distributors that shall include: (1) An application for a grant under this subchapter that shall include at a minimum: (A) A narrative description of the intended use of the grant moneys; and (B) Evidence sufficient to satisfy the department that the provision of a grant to the alternative fuels distributor will improve the statewide supply and distribution of alternative fuels and alternative fuels mixtures that are produced in Arkansas; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary. (c) (1) The department shall prepare an annual progress report on grant assistance made under this section. (2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; (D) The results produced or the progress made in the overall distribution of alternative fuels or alternative fuels mixtures statewide; (E) The revenues produced; and (F) Tonnages of materials stored and distributed. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council. (d) The department shall not award a grant in an amount that exceeds three hundred thousand dollars ($300,000) or fifty percent (50%) of the project cost, whichever is less, to any one (1) alternative fuels distributor at each alternative fuels distributor site in any one (1) fiscal year. Amended by Act 2019, No. 910,§ 54, eff. 7/1/2019. Acts 2007, No. 873, § 1; 2009, No. 977, § 3.

(a) The Arkansas Alternative Fuels Development Program shall include a grant incentive program that provides grants to alternative fuels distributors to assist the alternative fuels distributors with the storage and distribution of the alternative fuels or alternative fuels mixture at distribution facilities that are located and operated in Arkansas.

(b) The Department of Agriculture shall create a grant application process for alternative fuels distributors that shall include: (1) An application for a grant under this subchapter that shall include at a minimum: (A) A narrative description of the intended use of the grant moneys; and (B) Evidence sufficient to satisfy the department that the provision of a grant to the alternative fuels distributor will improve the statewide supply and distribution of alternative fuels and alternative fuels mixtures that are produced in Arkansas; (2) Instructions about the grant process; (3) Scoring procedures to determine the award of the grants; and (4) Other factors that the Secretary of the Department of Agriculture deems necessary.

(1) An application for a grant under this subchapter that shall include at a minimum: (A) A narrative description of the intended use of the grant moneys; and (B) Evidence sufficient to satisfy the department that the provision of a grant to the alternative fuels distributor will improve the statewide supply and distribution of alternative fuels and alternative fuels mixtures that are produced in Arkansas;

(A) A narrative description of the intended use of the grant moneys; and

(B) Evidence sufficient to satisfy the department that the provision of a grant to the alternative fuels distributor will improve the statewide supply and distribution of alternative fuels and alternative fuels mixtures that are produced in Arkansas;

(2) Instructions about the grant process;

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

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

(c) (1) The department shall prepare an annual progress report on grant assistance made under this section. (2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; (D) The results produced or the progress made in the overall distribution of alternative fuels or alternative fuels mixtures statewide; (E) The revenues produced; and (F) Tonnages of materials stored and distributed. (3) The report for each state fiscal year shall be filed by June 30 of the following fiscal year with the office of the Governor and the Legislative Council.

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

(2) The report shall include: (A) The amount of each grant; (B) The purpose of each grant; (C) How grant funds were expended by the grant recipient; (D) The results produced or the progress made in the overall distribution of alternative fuels or alternative fuels mixtures statewide; (E) The revenues produced; and (F) Tonnages of materials stored and distributed.

(A) The amount of each grant;

(B) The purpose of each grant;

(C) How grant funds were expended by the grant recipient;

(D) The results produced or the progress made in the overall distribution of alternative fuels or alternative fuels mixtures statewide;

(E) The revenues produced; and

(F) Tonnages of materials stored and distributed.

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

(d) The department shall not award a grant in an amount that exceeds three hundred thousand dollars ($300,000) or fifty percent (50%) of the project cost, whichever is less, to any one (1) alternative fuels distributor at each alternative fuels distributor site in any one (1) fiscal year.

Amended by Act 2019, No. 910,§ 54, eff. 7/1/2019.

Acts 2007, No. 873, § 1; 2009, No. 977, § 3.
Ark. Code Ann. § 15-3-704 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-704
Administration
Status: in_force

(a) (1) The Arkansas Small Business Innovation Research Matching Grant Program is created. (2) The Division of Science and Technology of the Arkansas Economic Development Commission shall administer the program. (b) The division shall: (1) Create application forms to be submitted by eligible businesses seeking a matching grant from the program; (2) Devise an application process that: (A) Defines the eligibility criteria for a matching grant; and (B) Establishes application submittal and review processes; (3) Define a process by which matching grants may be awarded; and (4) Execute standard legal grant agreements and other documentation governing the disbursement and use of matching grants. Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

(a) (1) The Arkansas Small Business Innovation Research Matching Grant Program is created. (2) The Division of Science and Technology of the Arkansas Economic Development Commission shall administer the program.

(1) The Arkansas Small Business Innovation Research Matching Grant Program is created.

(2) The Division of Science and Technology of the Arkansas Economic Development Commission shall administer the program.

(b) The division shall: (1) Create application forms to be submitted by eligible businesses seeking a matching grant from the program; (2) Devise an application process that: (A) Defines the eligibility criteria for a matching grant; and (B) Establishes application submittal and review processes; (3) Define a process by which matching grants may be awarded; and (4) Execute standard legal grant agreements and other documentation governing the disbursement and use of matching grants.

(1) Create application forms to be submitted by eligible businesses seeking a matching grant from the program;

(2) Devise an application process that: (A) Defines the eligibility criteria for a matching grant; and (B) Establishes application submittal and review processes;

(A) Defines the eligibility criteria for a matching grant; and

(B) Establishes application submittal and review processes;

(3) Define a process by which matching grants may be awarded; and

(4) Execute standard legal grant agreements and other documentation governing the disbursement and use of matching grants.

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-56-502 — AR Code / Title 15 / Chapter 56 / Subchapter 5 / Section 15-56-502
Rights-of-way acquisition and operation
Status: in_force

All incorporations provided for shall: (1) Be governed by the laws governing railway incorporations in this state; and (2) Have the same right to acquire rights-of-way over, under, or through any private or public lands; have and exercise the same right of eminent domain in acquiring the right-of-way; and have the same authority to construct, own, lease, operate, or sell such lines of railway or tramway as may be necessary to the successful mining and marketing of coal and other minerals owned or controlled by mining corporations as is now by law granted to railroad corporations in this state. Acts 1905, No. 163, § 2, p. 407; C. & M. Dig., § 7295; Pope's Dig., § 9351; A.S.A. 1947, § 52-302.

All incorporations provided for shall:

(1) Be governed by the laws governing railway incorporations in this state; and

(2) Have the same right to acquire rights-of-way over, under, or through any private or public lands; have and exercise the same right of eminent domain in acquiring the right-of-way; and have the same authority to construct, own, lease, operate, or sell such lines of railway or tramway as may be necessary to the successful mining and marketing of coal and other minerals owned or controlled by mining corporations as is now by law granted to railroad corporations in this state.

Acts 1905, No. 163, § 2, p. 407; C. & M. Dig., § 7295; Pope's Dig., § 9351; A.S.A. 1947, § 52-302.
Ark. Code Ann. § 15-9-101 — AR Code / Title 15 / Chapter 9 / Section 15-9-101
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017. Acts 1999, No. 712, § 1.

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017.

Acts 1999, No. 712, § 1.
Ark. Code Ann. § 15-5-405 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-405
When bonds may be guaranteed
Status: in_force

Amortization payments on qualified bonds may be guaranteed in instances when: (1) The Arkansas Development Finance Authority deems the utilization of the guaranty is in the best interest of the economic development of the State of Arkansas; (2) The total amount of qualified bonds guaranteed at any time under this subchapter will be the lesser of: (A) One hundred fifty million dollars ($150,000,000); or (B) An amount equal to ten (10) times the amount on deposit at that time in the Bond Guaranty Reserve Account; (3) The borrower involved is not permitted to purchase or own at any time any of such bonds; (4) The borrower is found to be financially responsible and that sufficient income may reasonably be expected to amortize in an orderly manner amortization payments of the qualified bonds; and (5) (A) A financial institution participates in the financing necessary to accomplish the project. (B) However, the authority may waive this requirement, in the exercise of its sound discretion, upon a sufficient showing by the borrower that such participation cannot be obtained or is not feasible because of justifiable circumstances and that the project involved otherwise meets the other conditions of this section and § 15-5-406 . Acts 1985, No. 340, § 5; 1985, No. 505, § 5; A.S.A. 1947, § 13-2928; Acts 1987, No. 1042, § 3; 1993, No. 184, § 2; 1995, No. 197, § 1; 1995, No. 275, § 1; 1999, No. 429, § 4.

Amortization payments on qualified bonds may be guaranteed in instances when:

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

(2) The total amount of qualified bonds guaranteed at any time under this subchapter will be the lesser of: (A) One hundred fifty million dollars ($150,000,000); or (B) An amount equal to ten (10) times the amount on deposit at that time in the Bond Guaranty Reserve Account;

(A) One hundred fifty million dollars ($150,000,000); or

(B) An amount equal to ten (10) times the amount on deposit at that time in the Bond Guaranty Reserve Account;

(3) The borrower involved is not permitted to purchase or own at any time any of such bonds;

(4) The borrower is found to be financially responsible and that sufficient income may reasonably be expected to amortize in an orderly manner amortization payments of the qualified bonds; and

(5) (A) A financial institution participates in the financing necessary to accomplish the project. (B) However, the authority may waive this requirement, in the exercise of its sound discretion, upon a sufficient showing by the borrower that such participation cannot be obtained or is not feasible because of justifiable circumstances and that the project involved otherwise meets the other conditions of this section and § 15-5-406 .

(A) A financial institution participates in the financing necessary to accomplish the project.

(B) However, the authority may waive this requirement, in the exercise of its sound discretion, upon a sufficient showing by the borrower that such participation cannot be obtained or is not feasible because of justifiable circumstances and that the project involved otherwise meets the other conditions of this section and § 15-5-406 .

Acts 1985, No. 340, § 5; 1985, No. 505, § 5; A.S.A. 1947, § 13-2928; Acts 1987, No. 1042, § 3; 1993, No. 184, § 2; 1995, No. 197, § 1; 1995, No. 275, § 1; 1999, No. 429, § 4.
Ark. Code Ann. § 15-21-206 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-206
State Surveyor - Powers and duties
Status: in_force

The State Surveyor, acting under the supervision and direction of the Arkansas Geographic Information Systems Office and the Secretary of the Department of Transformation and Shared Services, shall have the following authority and responsibility: (1) To: (A) Restore, maintain, and preserve the land survey monuments, section corners, and quarter section corners established by the United States Public Land Survey within the State of Arkansas, together with all pertinent field notes, plats, and documents; and (B) Restore, establish, maintain, and preserve other boundary markers as may be determined to be necessary or important in establishing and maintaining accurate land descriptions in this state; (2) (A) To design and cause to be placed at established public land survey corner sites, where practical, substantial monuments permanently indicating with words and figures the exact location involved. (B) If the monuments cannot be placed at the exact corner point, then witness corners of similar design shall be placed as near as is possible with words and figures indicating the bearing and distance to the true corner; (3) To establish, maintain, and provide safe storage facilities for a comprehensive system of recordation of information respecting all monuments established by the United States Public Land Survey within this state and any records as may be pertinent to the Division of Land Surveys of the Arkansas Geographic Information Systems Office establishment or maintenance of other land corners, Arkansas coordinate system stations and accessories, and monuments in general; (4) To extend throughout the state a triangulation and leveling net of precision whereby the Arkansas Coordinate System 1983, § 15-21-301 et seq., already initiated in this state by the National Geodetic Survey may be made to cover to the necessary extent those areas of the state that do not now have enough geodetic control stations to permit the general use of the system by land surveyors and others; (5) To collect and preserve information obtained from surveys made by those authorized to establish land monuments or land boundaries and to assist in the proper recording of the information by the duly constituted county officials or other appropriate officials; (6) (A) To furnish certified copies of records created or maintained by the division to any person, entity, or agency upon request therefor and payment of the prescribed fees. (B) All such records when certified by the division or a designated assistant shall be admissible in evidence in any court in this state as the original record filed with this agency; (7) To: (A) Prescribe reasonable rules not inconsistent with law designed to establish uniform professional surveying and mapping methods and standards in this state; (B) Disseminate the rules to those engaged in the profession of land surveying; and (C) Administer the rules by referring evidence of violations to the State Board of Licensure for Professional Engineers and Professional Surveyors under subdivision (9) of this section; (8) To promote the training and the increase in number of quality surveyors in this state; (9) To receive and investigate complaints against any surveyor and to present the results from the investigation of complaints to the State Board of Licensure for Professional Engineers and Professional Surveyors for any action the State Board of Licensure for Professional Engineers and Professional Surveyors considers appropriate; (10) To assist the county assessors in establishing accurate land descriptions of the state-owned or state-claimed lands and to assist the public and private surveyors to obtain land ownership information for surveying purposes; (11) To accept for the state gifts, grants, and donations from any and all persons, corporations, associations, and foundations and from the federal or state government or any agency or program thereof to be deposited into a financial institution in this state; (12) To enter into such agreements or contracts with agencies of the United States Government, agencies of the State of Arkansas, other states, and registered land surveyors as the Arkansas Geographic Information Systems Board deems necessary or desirable to properly plan and execute projects within the scope and purpose of this subchapter; and (13) To employ, in consultation with the secretary, such surveyors and other professional and nonprofessional assistants and to take other reasonable action as deemed necessary to carry out the purposes of this subchapter. Amended by Act 2019, No. 910,§ 6070, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 6069, eff. 7/1/2019. Amended by Act 2017, No. 145,§ 5, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 144, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 144, eff. 7/1/2015. Acts 1973, No. 458, § 3; A.S.A. 1947, § 10-1303; Acts 2001, No. 1417, § 4; 2007, No. 752, § 5; 2007, No. 1051, § 1; 2009, No. 694, §§ 1, 2.

The State Surveyor, acting under the supervision and direction of the Arkansas Geographic Information Systems Office and the Secretary of the Department of Transformation and Shared Services, shall have the following authority and responsibility:

(1) To: (A) Restore, maintain, and preserve the land survey monuments, section corners, and quarter section corners established by the United States Public Land Survey within the State of Arkansas, together with all pertinent field notes, plats, and documents; and (B) Restore, establish, maintain, and preserve other boundary markers as may be determined to be necessary or important in establishing and maintaining accurate land descriptions in this state;

(A) Restore, maintain, and preserve the land survey monuments, section corners, and quarter section corners established by the United States Public Land Survey within the State of Arkansas, together with all pertinent field notes, plats, and documents; and

(B) Restore, establish, maintain, and preserve other boundary markers as may be determined to be necessary or important in establishing and maintaining accurate land descriptions in this state;

(2) (A) To design and cause to be placed at established public land survey corner sites, where practical, substantial monuments permanently indicating with words and figures the exact location involved. (B) If the monuments cannot be placed at the exact corner point, then witness corners of similar design shall be placed as near as is possible with words and figures indicating the bearing and distance to the true corner;

(A) To design and cause to be placed at established public land survey corner sites, where practical, substantial monuments permanently indicating with words and figures the exact location involved.

(B) If the monuments cannot be placed at the exact corner point, then witness corners of similar design shall be placed as near as is possible with words and figures indicating the bearing and distance to the true corner;

(3) To establish, maintain, and provide safe storage facilities for a comprehensive system of recordation of information respecting all monuments established by the United States Public Land Survey within this state and any records as may be pertinent to the Division of Land Surveys of the Arkansas Geographic Information Systems Office establishment or maintenance of other land corners, Arkansas coordinate system stations and accessories, and monuments in general;

(4) To extend throughout the state a triangulation and leveling net of precision whereby the Arkansas Coordinate System 1983, § 15-21-301 et seq., already initiated in this state by the National Geodetic Survey may be made to cover to the necessary extent those areas of the state that do not now have enough geodetic control stations to permit the general use of the system by land surveyors and others;

(5) To collect and preserve information obtained from surveys made by those authorized to establish land monuments or land boundaries and to assist in the proper recording of the information by the duly constituted county officials or other appropriate officials;

(6) (A) To furnish certified copies of records created or maintained by the division to any person, entity, or agency upon request therefor and payment of the prescribed fees. (B) All such records when certified by the division or a designated assistant shall be admissible in evidence in any court in this state as the original record filed with this agency;

(A) To furnish certified copies of records created or maintained by the division to any person, entity, or agency upon request therefor and payment of the prescribed fees.

(B) All such records when certified by the division or a designated assistant shall be admissible in evidence in any court in this state as the original record filed with this agency;

(7) To: (A) Prescribe reasonable rules not inconsistent with law designed to establish uniform professional surveying and mapping methods and standards in this state; (B) Disseminate the rules to those engaged in the profession of land surveying; and (C) Administer the rules by referring evidence of violations to the State Board of Licensure for Professional Engineers and Professional Surveyors under subdivision (9) of this section;

(A) Prescribe reasonable rules not inconsistent with law designed to establish uniform professional surveying and mapping methods and standards in this state;

(B) Disseminate the rules to those engaged in the profession of land surveying; and

(C) Administer the rules by referring evidence of violations to the State Board of Licensure for Professional Engineers and Professional Surveyors under subdivision (9) of this section;

(8) To promote the training and the increase in number of quality surveyors in this state;

(9) To receive and investigate complaints against any surveyor and to present the results from the investigation of complaints to the State Board of Licensure for Professional Engineers and Professional Surveyors for any action the State Board of Licensure for Professional Engineers and Professional Surveyors considers appropriate;

(10) To assist the county assessors in establishing accurate land descriptions of the state-owned or state-claimed lands and to assist the public and private surveyors to obtain land ownership information for surveying purposes;

(11) To accept for the state gifts, grants, and donations from any and all persons, corporations, associations, and foundations and from the federal or state government or any agency or program thereof to be deposited into a financial institution in this state;

(12) To enter into such agreements or contracts with agencies of the United States Government, agencies of the State of Arkansas, other states, and registered land surveyors as the Arkansas Geographic Information Systems Board deems necessary or desirable to properly plan and execute projects within the scope and purpose of this subchapter; and

(13) To employ, in consultation with the secretary, such surveyors and other professional and nonprofessional assistants and to take other reasonable action as deemed necessary to carry out the purposes of this subchapter.

Amended by Act 2019, No. 910,§ 6070, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 6069, eff. 7/1/2019.

Amended by Act 2017, No. 145,§ 5, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 144, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 144, eff. 7/1/2015.

Acts 1973, No. 458, § 3; A.S.A. 1947, § 10-1303; Acts 2001, No. 1417, § 4; 2007, No. 752, § 5; 2007, No. 1051, § 1; 2009, No. 694, §§ 1, 2.
Ark. Code Ann. § 15-11-905 — AR Code / Title 15 / Chapter 11 / Subchapter 9 / Section 15-11-905
Rules
Status: in_force

The Arkansas Arts Council shall promulgate rules to implement this subchapter. Acts 2011, No. 1030, § 1.

The Arkansas Arts Council shall promulgate rules to implement this subchapter.

Acts 2011, No. 1030, § 1.
Ark. Code Ann. § 15-57-408 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-408
Notifications of exhausted quarry
Status: in_force

(a) When a quarry becomes exhausted, the operator will notify the Division of Environmental Quality by registered mail that the quarry is an exhausted quarry. This notification will contain the following: (1) Updated information as required for the notification of intent to quarry per § 15-57-404(a)(1) ; (2) The beginning date of quarry reclamation must be within six (6) months of the notification of exhausted quarry; (3) The anticipated date reclamation will be completed. All earthwork and revegetation must be completed within the specified time. If revegetation is not approved, the operator will have another year to complete seeding, as required; and (4) The quarry reclamation map should contain the following: (A) Identification of all planned roads, water impoundments, final walls, final floors, unconsolidated slopes, quarry rims, areas to be revegetated, berms, other man-made structures, and unaffected areas; (B) The map shall show planned reclamation according to the requirements of the reclamation plan; and (C) The affected land acreage to be reclaimed will be shown to the nearest acre. (b) If the operator fails to notify the division of this change of status, the division will notify the operator by citation. The operator will then have sixty (60) days to file said notification and commence with plans to reclaim the quarry site as per the requirements of this subchapter. (c) If the operator fails to file notification within the required sixty (60) days, the division may levy a fine of one hundred dollars ($100) per day by citation to the operator until notification is received by the division. The maximum fine is five thousand dollars ($5,000). (d) If the operator fails to notify the division within sixty (60) days and the fine is in effect, then the division may declare the operator in default and order the operator to begin reclamation as required or the division may forfeit bond and issue a contract to have the site reclaimed as per the reclamation plan. Amended by Act 2019, No. 910,§ 3125, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3124, eff. 7/1/2019. Acts 1997, No. 1166, § 8.

(a) When a quarry becomes exhausted, the operator will notify the Division of Environmental Quality by registered mail that the quarry is an exhausted quarry. This notification will contain the following: (1) Updated information as required for the notification of intent to quarry per § 15-57-404(a)(1) ; (2) The beginning date of quarry reclamation must be within six (6) months of the notification of exhausted quarry; (3) The anticipated date reclamation will be completed. All earthwork and revegetation must be completed within the specified time. If revegetation is not approved, the operator will have another year to complete seeding, as required; and (4) The quarry reclamation map should contain the following: (A) Identification of all planned roads, water impoundments, final walls, final floors, unconsolidated slopes, quarry rims, areas to be revegetated, berms, other man-made structures, and unaffected areas; (B) The map shall show planned reclamation according to the requirements of the reclamation plan; and (C) The affected land acreage to be reclaimed will be shown to the nearest acre.

(1) Updated information as required for the notification of intent to quarry per § 15-57-404(a)(1) ;

(2) The beginning date of quarry reclamation must be within six (6) months of the notification of exhausted quarry;

(3) The anticipated date reclamation will be completed. All earthwork and revegetation must be completed within the specified time. If revegetation is not approved, the operator will have another year to complete seeding, as required; and

(4) The quarry reclamation map should contain the following: (A) Identification of all planned roads, water impoundments, final walls, final floors, unconsolidated slopes, quarry rims, areas to be revegetated, berms, other man-made structures, and unaffected areas; (B) The map shall show planned reclamation according to the requirements of the reclamation plan; and (C) The affected land acreage to be reclaimed will be shown to the nearest acre.

(A) Identification of all planned roads, water impoundments, final walls, final floors, unconsolidated slopes, quarry rims, areas to be revegetated, berms, other man-made structures, and unaffected areas;

(B) The map shall show planned reclamation according to the requirements of the reclamation plan; and

(C) The affected land acreage to be reclaimed will be shown to the nearest acre.

(b) If the operator fails to notify the division of this change of status, the division will notify the operator by citation. The operator will then have sixty (60) days to file said notification and commence with plans to reclaim the quarry site as per the requirements of this subchapter.

(c) If the operator fails to file notification within the required sixty (60) days, the division may levy a fine of one hundred dollars ($100) per day by citation to the operator until notification is received by the division. The maximum fine is five thousand dollars ($5,000).

(d) If the operator fails to notify the division within sixty (60) days and the fine is in effect, then the division may declare the operator in default and order the operator to begin reclamation as required or the division may forfeit bond and issue a contract to have the site reclaimed as per the reclamation plan.

Amended by Act 2019, No. 910,§ 3125, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3124, eff. 7/1/2019.

Acts 1997, No. 1166, § 8.
Ark. Code Ann. § 15-4-1215 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1215
Dividends and distributions
Status: in_force

(a) The directors of a corporation, subject to such limitations as may be set forth in the articles of incorporation or bylaws of the corporation, may declare dividends to the holders of its stock and make partial distribution of its capital surplus pursuant to the provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq. (b) The management committee of a limited liability company, subject to such limitations as may be set forth in the articles of organization or the operating agreement, may declare distributions to the holders of the units of interest in the limited liability company consistent with the provisions of the Uniform Limited Liability Company Act, § 4-38-101 et seq. Amended by Act 2021, No. 1041,§ 30, eff. 7/28/2021. Acts 1991, No. 1029, § 13; 1999, No. 37, § 14.

(a) The directors of a corporation, subject to such limitations as may be set forth in the articles of incorporation or bylaws of the corporation, may declare dividends to the holders of its stock and make partial distribution of its capital surplus pursuant to the provisions of the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.

(b) The management committee of a limited liability company, subject to such limitations as may be set forth in the articles of organization or the operating agreement, may declare distributions to the holders of the units of interest in the limited liability company consistent with the provisions of the Uniform Limited Liability Company Act, § 4-38-101 et seq.

Amended by Act 2021, No. 1041,§ 30, eff. 7/28/2021.

Acts 1991, No. 1029, § 13; 1999, No. 37, § 14.
Ark. Code Ann. § 15-6-106 — AR Code / Title 15 / Chapter 6 / Section 15-6-106
Arkansas Rural Development Commission - Rural Services Division of the Arkansas Economic Development Commission - Functions, powers, and duties
Status: in_force

(a) The Director of the Arkansas Economic Development Commission by and through the Rural Services Division of the Arkansas Economic Development Commission shall have the following functions, powers, and duties: (1) To serve as a clearinghouse and provide comprehensive information relating to rural development and revitalization upon request to any agency, individual, or corporation; (2) To advise and assist agencies, individuals, and corporations in answering particular rural revitalization and development needs, including cooperative efforts among such agencies, individuals, and corporations to solve common problems or provide services in these areas; (3) (A) To receive notification from all state and federal agencies, individuals, or corporations engaged in rural development and revitalization of program descriptions, appropriation data, and application procedures. (B) The division shall maintain a listing of existing programs and advise local agencies, individuals, or corporations of their existence; (4) To assist, upon request, applicant local agencies, individuals, or corporations located in rural areas in obtaining timely and efficient responses from state and federal agencies, to assist such applicants in consideration of alternative program grant strategies, to assist state and federal agencies in cooperative approaches to address the needs of such applicants, and to provide technical assistance to agencies in formulating and implementing rural development and revitalization programs; (5) To assist the Secretary of the Department of Commerce and the General Assembly in the integration and formulation of state rural development and revitalization policy and long-range plans for rural areas and in answering needs related thereto; (6) To analyze and make recommendations concerning proposed new state legislation or programs that may affect rural areas; (7) To apply for and receive grants or financial assistance from the United States Government or other agencies, individuals, or corporations; (8) To assist the secretary in coordinating the activities and services of those departments and agencies of the state having relationships with local rural agencies, individuals, and corporations in order to provide more effective service to them and to simplify state procedures relating thereto; (9) To keep the secretary informed about the problems and needs of agencies, individuals, and corporations that are involved with rural development and revitalization and to assist in formulating policies with respect thereto and utilizing the resources of state government for the benefit of rural areas; (10) To promote and encourage the establishment of a nonprofit foundation, a Center for Rural Arkansas, and to cooperate and coordinate with and assist the center in accessing state and United States Government and private nonprofit and corporate foundation grant funds to aid in rural development and revitalization for rural Arkansas; and (11) To administer the conservation education programs established under § 6-16-1101 for the benefit of all school districts and conservation districts in the state, regardless of population. (b) The director may prescribe and issue, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be necessary to carry out the provisions of this chapter. (c) The division shall prepare and submit biennially on January 1 a comprehensive report concerning the assistance activities undertaken by the division, any recommendations for legislative proposals, data concerning program activities in rural areas, and other pertinent information which will indicate the activities conducted by the division in the previous biennium. Amended by Act 2019, No. 910,§ 446, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 128, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 128, eff. 7/1/2015. Amended by Act 2015, No. 371,§ 3, eff. 7/22/2015. Acts 1991, No. 302, §§ 4, 6; 1993, No. 448, § 2; 1999, No. 935, § 4.

(a) The Director of the Arkansas Economic Development Commission by and through the Rural Services Division of the Arkansas Economic Development Commission shall have the following functions, powers, and duties: (1) To serve as a clearinghouse and provide comprehensive information relating to rural development and revitalization upon request to any agency, individual, or corporation; (2) To advise and assist agencies, individuals, and corporations in answering particular rural revitalization and development needs, including cooperative efforts among such agencies, individuals, and corporations to solve common problems or provide services in these areas; (3) (A) To receive notification from all state and federal agencies, individuals, or corporations engaged in rural development and revitalization of program descriptions, appropriation data, and application procedures. (B) The division shall maintain a listing of existing programs and advise local agencies, individuals, or corporations of their existence; (4) To assist, upon request, applicant local agencies, individuals, or corporations located in rural areas in obtaining timely and efficient responses from state and federal agencies, to assist such applicants in consideration of alternative program grant strategies, to assist state and federal agencies in cooperative approaches to address the needs of such applicants, and to provide technical assistance to agencies in formulating and implementing rural development and revitalization programs; (5) To assist the Secretary of the Department of Commerce and the General Assembly in the integration and formulation of state rural development and revitalization policy and long-range plans for rural areas and in answering needs related thereto; (6) To analyze and make recommendations concerning proposed new state legislation or programs that may affect rural areas; (7) To apply for and receive grants or financial assistance from the United States Government or other agencies, individuals, or corporations; (8) To assist the secretary in coordinating the activities and services of those departments and agencies of the state having relationships with local rural agencies, individuals, and corporations in order to provide more effective service to them and to simplify state procedures relating thereto; (9) To keep the secretary informed about the problems and needs of agencies, individuals, and corporations that are involved with rural development and revitalization and to assist in formulating policies with respect thereto and utilizing the resources of state government for the benefit of rural areas; (10) To promote and encourage the establishment of a nonprofit foundation, a Center for Rural Arkansas, and to cooperate and coordinate with and assist the center in accessing state and United States Government and private nonprofit and corporate foundation grant funds to aid in rural development and revitalization for rural Arkansas; and (11) To administer the conservation education programs established under § 6-16-1101 for the benefit of all school districts and conservation districts in the state, regardless of population.

(1) To serve as a clearinghouse and provide comprehensive information relating to rural development and revitalization upon request to any agency, individual, or corporation;

(2) To advise and assist agencies, individuals, and corporations in answering particular rural revitalization and development needs, including cooperative efforts among such agencies, individuals, and corporations to solve common problems or provide services in these areas;

(3) (A) To receive notification from all state and federal agencies, individuals, or corporations engaged in rural development and revitalization of program descriptions, appropriation data, and application procedures. (B) The division shall maintain a listing of existing programs and advise local agencies, individuals, or corporations of their existence;

(A) To receive notification from all state and federal agencies, individuals, or corporations engaged in rural development and revitalization of program descriptions, appropriation data, and application procedures.

(B) The division shall maintain a listing of existing programs and advise local agencies, individuals, or corporations of their existence;

(4) To assist, upon request, applicant local agencies, individuals, or corporations located in rural areas in obtaining timely and efficient responses from state and federal agencies, to assist such applicants in consideration of alternative program grant strategies, to assist state and federal agencies in cooperative approaches to address the needs of such applicants, and to provide technical assistance to agencies in formulating and implementing rural development and revitalization programs;

(5) To assist the Secretary of the Department of Commerce and the General Assembly in the integration and formulation of state rural development and revitalization policy and long-range plans for rural areas and in answering needs related thereto;

(6) To analyze and make recommendations concerning proposed new state legislation or programs that may affect rural areas;

(7) To apply for and receive grants or financial assistance from the United States Government or other agencies, individuals, or corporations;

(8) To assist the secretary in coordinating the activities and services of those departments and agencies of the state having relationships with local rural agencies, individuals, and corporations in order to provide more effective service to them and to simplify state procedures relating thereto;

(9) To keep the secretary informed about the problems and needs of agencies, individuals, and corporations that are involved with rural development and revitalization and to assist in formulating policies with respect thereto and utilizing the resources of state government for the benefit of rural areas;

(10) To promote and encourage the establishment of a nonprofit foundation, a Center for Rural Arkansas, and to cooperate and coordinate with and assist the center in accessing state and United States Government and private nonprofit and corporate foundation grant funds to aid in rural development and revitalization for rural Arkansas; and

(11) To administer the conservation education programs established under § 6-16-1101 for the benefit of all school districts and conservation districts in the state, regardless of population.

(b) The director may prescribe and issue, pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., such reasonable rules as may be necessary to carry out the provisions of this chapter.

(c) The division shall prepare and submit biennially on January 1 a comprehensive report concerning the assistance activities undertaken by the division, any recommendations for legislative proposals, data concerning program activities in rural areas, and other pertinent information which will indicate the activities conducted by the division in the previous biennium.

Amended by Act 2019, No. 910,§ 446, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 128, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 128, eff. 7/1/2015.

Amended by Act 2015, No. 371,§ 3, eff. 7/22/2015.

Acts 1991, No. 302, §§ 4, 6; 1993, No. 448, § 2; 1999, No. 935, § 4.
Ark. Code Ann. § 15-5-1406 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1406
Tax credits
Status: in_force

(a) The State of Arkansas shall issue income tax credits that may be used to reduce the tax liability of a person, firm, or corporation. (b) (1) Income tax credits transferred by the Arkansas Development Finance Authority shall only be used to offset payment of reported state income tax liability and are not refundable. (2) Unused tax credit may be carried forward for five (5) additional taxable years after the taxable year in which the tax credit was first used. (b) Tax credits against liabilities shall be limited to the amount that would otherwise be collected and allocated to the Treasurer of State. (c) The total amount of tax credits issued and transferable to the authority is sixty million dollars ($60,000,000). (d) The tax credits issued under this subchapter shall be transferred only after: (1) The authority guaranty funds, subject to limits established by the authority, are exhausted; (2) (A) The authority presents its recommendations concerning the issuance of tax credits to the State Board of Finance. (B) These recommendations shall include: (i) The amount of tax credits to be transferred to the parties with whom the authority has contracted; (ii) The parties to whom the tax credits will be transferred; and (iii) Other information requested by the board; and (3) The board reviews and approves the issuance of the tax credits. (e) (1) The authority shall immediately notify in writing the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor if any tax credit is transferred in conjunction with a legitimate call on an authority guarantee. (2) The authority shall not be required to make such a notification for transfers to subsequent transferees. (f) The authority shall determine the amount of income tax credits to be transferred by the authority under this subchapter, up to a total amount of ten million dollars ($10,000,000) in any one (1) fiscal year, and may negotiate for sale of the tax credits subject only to the limits imposed under this subchapter. (g) The authority shall clearly indicate upon the face of the document transferring the tax credit the principal amount of the tax credit. (h) The authority may pay a fee in connection with the purchase by the authority of an option or other agreement under which the transfer of the tax credits authorized under this subchapter may be made. (i) The authority shall have the power to make any contract, execute any document, charge reasonable fees for any services rendered, perform any act, or enter into any financial or other transaction necessary in order to carry out its mission. (j) (1) The authority may employ any person as required for: (A) Proper implementation of this subchapter; (B) The management of its assets; or (C) The performance of any function authorized or required by this subchapter or necessary for the accomplishment of any function. (2) The person employed shall be selected by the authority based upon outstanding knowledge and leadership in the field for which the person performs services for the authority. Acts 2001, No. 1791, § 6.

(a) The State of Arkansas shall issue income tax credits that may be used to reduce the tax liability of a person, firm, or corporation.

(b) (1) Income tax credits transferred by the Arkansas Development Finance Authority shall only be used to offset payment of reported state income tax liability and are not refundable. (2) Unused tax credit may be carried forward for five (5) additional taxable years after the taxable year in which the tax credit was first used.

(1) Income tax credits transferred by the Arkansas Development Finance Authority shall only be used to offset payment of reported state income tax liability and are not refundable.

(2) Unused tax credit may be carried forward for five (5) additional taxable years after the taxable year in which the tax credit was first used.

(b) Tax credits against liabilities shall be limited to the amount that would otherwise be collected and allocated to the Treasurer of State.

(c) The total amount of tax credits issued and transferable to the authority is sixty million dollars ($60,000,000).

(d) The tax credits issued under this subchapter shall be transferred only after: (1) The authority guaranty funds, subject to limits established by the authority, are exhausted; (2) (A) The authority presents its recommendations concerning the issuance of tax credits to the State Board of Finance. (B) These recommendations shall include: (i) The amount of tax credits to be transferred to the parties with whom the authority has contracted; (ii) The parties to whom the tax credits will be transferred; and (iii) Other information requested by the board; and (3) The board reviews and approves the issuance of the tax credits.

(1) The authority guaranty funds, subject to limits established by the authority, are exhausted;

(2) (A) The authority presents its recommendations concerning the issuance of tax credits to the State Board of Finance. (B) These recommendations shall include: (i) The amount of tax credits to be transferred to the parties with whom the authority has contracted; (ii) The parties to whom the tax credits will be transferred; and (iii) Other information requested by the board; and

(A) The authority presents its recommendations concerning the issuance of tax credits to the State Board of Finance.

(B) These recommendations shall include: (i) The amount of tax credits to be transferred to the parties with whom the authority has contracted; (ii) The parties to whom the tax credits will be transferred; and (iii) Other information requested by the board; and

(i) The amount of tax credits to be transferred to the parties with whom the authority has contracted;

(ii) The parties to whom the tax credits will be transferred; and

(iii) Other information requested by the board; and

(3) The board reviews and approves the issuance of the tax credits.

(e) (1) The authority shall immediately notify in writing the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor if any tax credit is transferred in conjunction with a legitimate call on an authority guarantee. (2) The authority shall not be required to make such a notification for transfers to subsequent transferees.

(1) The authority shall immediately notify in writing the President Pro Tempore of the Senate, the Speaker of the House of Representatives, and the Governor if any tax credit is transferred in conjunction with a legitimate call on an authority guarantee.

(2) The authority shall not be required to make such a notification for transfers to subsequent transferees.

(f) The authority shall determine the amount of income tax credits to be transferred by the authority under this subchapter, up to a total amount of ten million dollars ($10,000,000) in any one (1) fiscal year, and may negotiate for sale of the tax credits subject only to the limits imposed under this subchapter.

(g) The authority shall clearly indicate upon the face of the document transferring the tax credit the principal amount of the tax credit.

(h) The authority may pay a fee in connection with the purchase by the authority of an option or other agreement under which the transfer of the tax credits authorized under this subchapter may be made.

(i) The authority shall have the power to make any contract, execute any document, charge reasonable fees for any services rendered, perform any act, or enter into any financial or other transaction necessary in order to carry out its mission.

(j) (1) The authority may employ any person as required for: (A) Proper implementation of this subchapter; (B) The management of its assets; or (C) The performance of any function authorized or required by this subchapter or necessary for the accomplishment of any function. (2) The person employed shall be selected by the authority based upon outstanding knowledge and leadership in the field for which the person performs services for the authority.

(1) The authority may employ any person as required for: (A) Proper implementation of this subchapter; (B) The management of its assets; or (C) The performance of any function authorized or required by this subchapter or necessary for the accomplishment of any function.

(A) Proper implementation of this subchapter;

(B) The management of its assets; or

(C) The performance of any function authorized or required by this subchapter or necessary for the accomplishment of any function.

(2) The person employed shall be selected by the authority based upon outstanding knowledge and leadership in the field for which the person performs services for the authority.

Acts 2001, No. 1791, § 6.
Ark. Code Ann. § 15-4-302 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-302
Purpose - Goals - Notice
Status: in_force

(a) The General Assembly finds that it is the policy of the State of Arkansas to support equal opportunity as well as economic development in every sector. (b) The General Assembly recognizes that it is the purpose of this subchapter to support to the fullest all possible participation of firms owned and controlled by minority persons and women in state-funded and state-directed public construction programs and in the purchase of goods and services for the state. (c) All state agencies shall attempt to ensure that the following percentages of the total amount expended in state-funded and state-directed public construction programs and in the purchase of goods and services for the state each fiscal year are paid to minority business enterprises and women-owned business enterprises: (1) (A) For minority business enterprises, ten percent (10%). (B) The ten-percent goal under subdivision (c)(1)(A) of this section shall be allocated as follows: (i) Two percent (2%) for service-disabled veteran-owned minority business enterprises; and (ii) Eight percent (8%) for all other minority business enterprises; and (2) For women-owned business enterprises, five percent (5%). (d) To facilitate notification of potential respondents to procurement solicitations, a state agency shall publish all state contract solicitations on the website of the Office of State Procurement. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 1977, No. 544, § 1; 1979, No. 1060, § 9; 1983, No. 644, § 1; A.S.A. 1947, §§ 5-916.2, 5-916.2a, 5-916.2a note; Acts 1997, No. 540, §§ 24, 70; 2009, No. 1222, § 2.

(a) The General Assembly finds that it is the policy of the State of Arkansas to support equal opportunity as well as economic development in every sector.

(b) The General Assembly recognizes that it is the purpose of this subchapter to support to the fullest all possible participation of firms owned and controlled by minority persons and women in state-funded and state-directed public construction programs and in the purchase of goods and services for the state.

(c) All state agencies shall attempt to ensure that the following percentages of the total amount expended in state-funded and state-directed public construction programs and in the purchase of goods and services for the state each fiscal year are paid to minority business enterprises and women-owned business enterprises: (1) (A) For minority business enterprises, ten percent (10%). (B) The ten-percent goal under subdivision (c)(1)(A) of this section shall be allocated as follows: (i) Two percent (2%) for service-disabled veteran-owned minority business enterprises; and (ii) Eight percent (8%) for all other minority business enterprises; and (2) For women-owned business enterprises, five percent (5%).

(1) (A) For minority business enterprises, ten percent (10%). (B) The ten-percent goal under subdivision (c)(1)(A) of this section shall be allocated as follows: (i) Two percent (2%) for service-disabled veteran-owned minority business enterprises; and (ii) Eight percent (8%) for all other minority business enterprises; and

(A) For minority business enterprises, ten percent (10%).

(B) The ten-percent goal under subdivision (c)(1)(A) of this section shall be allocated as follows: (i) Two percent (2%) for service-disabled veteran-owned minority business enterprises; and (ii) Eight percent (8%) for all other minority business enterprises; and

(i) Two percent (2%) for service-disabled veteran-owned minority business enterprises; and

(ii) Eight percent (8%) for all other minority business enterprises; and

(2) For women-owned business enterprises, five percent (5%).

(d) To facilitate notification of potential respondents to procurement solicitations, a state agency shall publish all state contract solicitations on the website of the Office of State Procurement.

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

Acts 1977, No. 544, § 1; 1979, No. 1060, § 9; 1983, No. 644, § 1; A.S.A. 1947, §§ 5-916.2, 5-916.2a, 5-916.2a note; Acts 1997, No. 540, §§ 24, 70; 2009, No. 1222, § 2.
Ark. Code Ann. § 15-5-318 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-318
Primary administration of federal allocations of private activity and governmental volume cap
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, the Arkansas Development Finance Authority is hereby recognized as the primary administrator of federal allocations of private activity and governmental volume cap that are and may be allocated to the State of Arkansas by the United States Department of the Treasury. (2) All plans, policies, and procedures developed for the administration of volume cap allocations will be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) This section shall not apply to § 15-5-601 et seq. Acts 2011, No. 814, § 1.

(a) (1) Except as provided in subsection (b) of this section, the Arkansas Development Finance Authority is hereby recognized as the primary administrator of federal allocations of private activity and governmental volume cap that are and may be allocated to the State of Arkansas by the United States Department of the Treasury. (2) All plans, policies, and procedures developed for the administration of volume cap allocations will be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Except as provided in subsection (b) of this section, the Arkansas Development Finance Authority is hereby recognized as the primary administrator of federal allocations of private activity and governmental volume cap that are and may be allocated to the State of Arkansas by the United States Department of the Treasury.

(2) All plans, policies, and procedures developed for the administration of volume cap allocations will be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) This section shall not apply to § 15-5-601 et seq.

Acts 2011, No. 814, § 1.
Ark. Code Ann. § 15-45-211 — AR Code / Title 15 / Chapter 45 / Subchapter 2 / Section 15-45-211
State parks as bird sanctuaries
Status: in_force

(a) The entire areas embraced within the limits of any and all state parks of this state are designated and established as bird sanctuaries. (b) It shall be unlawful for any person to trap, hunt, shoot, or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl's nests in these areas. However, if starlings or similar birds are found to be congregating in such numbers in a particular locality as in the opinion of the Department of Health constitutes a nuisance or a menace to health or property, then officials of the department, after giving three (3) days' notice of the time and place of the meeting, shall meet with representatives of the Audubon Society, a bird club, garden club, or humane society, or with as many of those clubs as are found to exist in the state, to discuss possible solutions to the problem. If, as a result of the meeting, no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by the department under the supervision of the Director of the Division of Arkansas State Police. (c) Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty (30) days. Amended by Act 2019, No. 910,§ 5925, eff. 7/1/2019. Acts 1957, No. 223, §§ 1-3; A.S.A. 1947, §§ 47-706 -- 47-708.

(a) The entire areas embraced within the limits of any and all state parks of this state are designated and established as bird sanctuaries.

(b) It shall be unlawful for any person to trap, hunt, shoot, or attempt to shoot or molest in any manner any bird or wild fowl or to rob birds' nests or wild fowl's nests in these areas. However, if starlings or similar birds are found to be congregating in such numbers in a particular locality as in the opinion of the Department of Health constitutes a nuisance or a menace to health or property, then officials of the department, after giving three (3) days' notice of the time and place of the meeting, shall meet with representatives of the Audubon Society, a bird club, garden club, or humane society, or with as many of those clubs as are found to exist in the state, to discuss possible solutions to the problem. If, as a result of the meeting, no satisfactory alternative is found to abate the nuisance, then the birds may be destroyed in such numbers and in such manner as is deemed advisable by the department under the supervision of the Director of the Division of Arkansas State Police.

(c) Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one hundred dollars ($100) or by imprisonment not exceeding thirty (30) days.

Amended by Act 2019, No. 910,§ 5925, eff. 7/1/2019.

Acts 1957, No. 223, §§ 1-3; A.S.A. 1947, §§ 47-706 -- 47-708.
Ark. Code Ann. § 15-73-403 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-403
Service of summons
Status: in_force

Summons shall be issued and served as in other cases in circuit court and if any defendant shall be a nonresident of the state, or his or her whereabouts unknown to the plaintiff, such person may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure. Amended by Act 2013, No. 1148,§ 5, eff. 8/16/2013. Acts 1935, No. 15, § 3; Pope's Dig., § 10551; A.S.A. 1947, § 53-403.

Summons shall be issued and served as in other cases in circuit court and if any defendant shall be a nonresident of the state, or his or her whereabouts unknown to the plaintiff, such person may be constructively summoned, as provided by Rule 4 of the Arkansas Rules of Civil Procedure.

Amended by Act 2013, No. 1148,§ 5, eff. 8/16/2013.

Acts 1935, No. 15, § 3; Pope's Dig., § 10551; A.S.A. 1947, § 53-403.
Ark. Code Ann. § 15-75-319 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-319
Reinstatement or transfer of permits - Automatic revocation upon suspension of business
Status: in_force

(a) Each permit authorized by the Liquefied Petroleum Gas Board shall be issued in the name of the person for whom approval was granted. (b) No permit shall be transferable to any other person without prior approval by the board. (c) The permits of all holders who shall cease doing business as authorized by their permits for a period of twenty (20) days shall be automatically revoked and may be reinstated only by action of the board. (d) A transfer of an existing permit or a reinstatement of an automatic revocation of an existing permit pursuant to this subchapter may be made only upon compliance with this subchapter and rules pertaining to new applications, and the proposed transfers or reinstatements shall meet all requirements for new applications. Amended by Act 2019, No. 315,§ 1271, eff. 7/24/2019. Acts 1965, No. 31, § 26; A.S.A. 1947, § 53-725.

(a) Each permit authorized by the Liquefied Petroleum Gas Board shall be issued in the name of the person for whom approval was granted.

(b) No permit shall be transferable to any other person without prior approval by the board.

(c) The permits of all holders who shall cease doing business as authorized by their permits for a period of twenty (20) days shall be automatically revoked and may be reinstated only by action of the board.

(d) A transfer of an existing permit or a reinstatement of an automatic revocation of an existing permit pursuant to this subchapter may be made only upon compliance with this subchapter and rules pertaining to new applications, and the proposed transfers or reinstatements shall meet all requirements for new applications.

Amended by Act 2019, No. 315,§ 1271, eff. 7/24/2019.

Acts 1965, No. 31, § 26; A.S.A. 1947, § 53-725.
Ark. Code Ann. § 15-5-1103 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1103
Definitions
Status: in_force

As used in this subchapter: (1) "Financial institution" means all banks, savings and loan associations, corporations organized under the County and Regional Industrial Development Company Act, § 15-4-1201 et seq., and any other lending institutions approved by the Board of Directors of the Arkansas Development Finance Authority; (2) "Loss reserve account" means an account in a financial institution that is established and maintained by the Arkansas Development Finance Authority for the benefit of a financial institution participating in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program; (3) "Qualified business" means a person conducting business for profit or not-for-profit who is authorized to conduct business in the State of Arkansas; and (4) "Qualified loan" means a loan or portion of a loan made by a financial institution to a qualified business for any business activity that has its primary economic effect in Arkansas. Amended by Act 2017, No. 426,§ 6, eff. 8/1/2017. Amended by Act 2013, No. 1222,§ 1, eff. 8/16/2013. Acts 1993, No. 733, § 3; 1993, No. 886, § 3; 1995, No. 487, § 1; 1999, No. 429, § 8.

As used in this subchapter:

(1) "Financial institution" means all banks, savings and loan associations, corporations organized under the County and Regional Industrial Development Company Act, § 15-4-1201 et seq., and any other lending institutions approved by the Board of Directors of the Arkansas Development Finance Authority;

(2) "Loss reserve account" means an account in a financial institution that is established and maintained by the Arkansas Development Finance Authority for the benefit of a financial institution participating in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program;

(3) "Qualified business" means a person conducting business for profit or not-for-profit who is authorized to conduct business in the State of Arkansas; and

(4) "Qualified loan" means a loan or portion of a loan made by a financial institution to a qualified business for any business activity that has its primary economic effect in Arkansas.

Amended by Act 2017, No. 426,§ 6, eff. 8/1/2017.

Amended by Act 2013, No. 1222,§ 1, eff. 8/16/2013.

Acts 1993, No. 733, § 3; 1993, No. 886, § 3; 1995, No. 487, § 1; 1999, No. 429, § 8.
Ark. Code Ann. § 15-58-301 — AR Code / Title 15 / Chapter 58 / Subchapter 3 / Section 15-58-301
Violations not causing imminent danger or harm - Cessation order
Status: in_force

(a) If the Director of the Division of Environmental Quality or his or her authorized representative determines on the basis of an inspection or other available information that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or a permit condition required by this chapter or the rules issued pursuant to this chapter but the violation does not create an imminent danger to the health or safety of the public or is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall issue a notice of violation to the permittee or his or her agent fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter. (b) If, on expiration of the period of time as originally set in the notice of violation for abatement of the violation, or as subsequently extended, for good cause shown, and on written findings of the director or his or her authorized representative, the director or his or her authorized agent finds that the violation has not been abated, he or she shall immediately issue a cessation order for surface mining operations in accordance with the procedures set out in rules issued by the commission pursuant to this chapter on that portion of the area relevant to the violation. (c) The cessation order shall remain in effect until the director or his or her authorized agent determines that the violation has been abated or until modified, vacated, or terminated by the director or his or her authorized agent. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing. (d) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 - 15-58-211 . (e) The cessation order issued by the director or his or her authorized agent under this section shall designate the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary abatement measures. Amended by Act 2019, No. 315,§ 1195, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3148, eff. 7/1/2019. Acts 1979, No. 134, § 22; 1979, No. 647, § 6; A.S.A. 1947, § 52-956; Acts 1999, No. 1164, § 147.

(a) If the Director of the Division of Environmental Quality or his or her authorized representative determines on the basis of an inspection or other available information that a permittee is in violation of a requirement of this chapter or of the rules issued pursuant to this chapter or a permit condition required by this chapter or the rules issued pursuant to this chapter but the violation does not create an imminent danger to the health or safety of the public or is not causing or reasonably expected to cause significant imminent environmental harm to land, air, or water resources, the director or his or her authorized representative shall issue a notice of violation to the permittee or his or her agent fixing a reasonable time, but not more than ninety (90) days, for the abatement of the violation in accordance with the procedures set out in rules issued by the Arkansas Pollution Control and Ecology Commission pursuant to this chapter.

(b) If, on expiration of the period of time as originally set in the notice of violation for abatement of the violation, or as subsequently extended, for good cause shown, and on written findings of the director or his or her authorized representative, the director or his or her authorized agent finds that the violation has not been abated, he or she shall immediately issue a cessation order for surface mining operations in accordance with the procedures set out in rules issued by the commission pursuant to this chapter on that portion of the area relevant to the violation.

(c) The cessation order shall remain in effect until the director or his or her authorized agent determines that the violation has been abated or until modified, vacated, or terminated by the director or his or her authorized agent. The cessation order shall expire within thirty (30) days of actual notice to the operator unless an informal hearing is held in accordance with rules issued by the commission at the site or within such reasonable proximity to the site that any viewings of the site can be conducted during the course of the public hearing.

(d) The operator or any person adversely affected by the issuance of a cessation order or a modification, vacation, or termination of the order may, within thirty (30) days after the director or his or her authorized agent issues his or her decision pursuant to the informal hearing at the mine site, request an adjudicatory public hearing pursuant to §§ 15-58-209 - 15-58-211 .

(e) The cessation order issued by the director or his or her authorized agent under this section shall designate the steps necessary to abate the violation in the most expeditious manner possible and shall include the necessary abatement measures.

Amended by Act 2019, No. 315,§ 1195, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3148, eff. 7/1/2019.

Acts 1979, No. 134, § 22; 1979, No. 647, § 6; A.S.A. 1947, § 52-956; Acts 1999, No. 1164, § 147.
Ark. Code Ann. § 15-74-201 — AR Code / Title 15 / Chapter 74 / Subchapter 2 / Section 15-74-201
Accurate measurement of crude petroleum oil
Status: in_force

(a) All crude petroleum oil produced in this state shall be measured in gauge-tanks. The pipelines through which the crude petroleum oil is conveyed from oil wells to the gauge-tanks shall be placed on the surface of the ground and no bypasses shall extend from the pipelines between the oil wells and gauge-tanks. However, this section shall not apply to oil wells in operation prior to the date of the passage of this act. (b) The Oil and Gas Commission shall have supervision and control of the measurement of crude petroleum oil produced in this state as set forth in subsection (a) of this section. The commission shall make a daily record of the measurement of the crude petroleum oil, and it is authorized and empowered to make reasonable and necessary rules for the enforcement of the purposes of this section. Amended by Act 2019, No. 315,§ 1262, eff. 7/24/2019. Acts 1939, No. 205, §§ 1, 2; A.S.A. 1947, §§ 53-501, 53-502.

(a) All crude petroleum oil produced in this state shall be measured in gauge-tanks. The pipelines through which the crude petroleum oil is conveyed from oil wells to the gauge-tanks shall be placed on the surface of the ground and no bypasses shall extend from the pipelines between the oil wells and gauge-tanks. However, this section shall not apply to oil wells in operation prior to the date of the passage of this act.

(b) The Oil and Gas Commission shall have supervision and control of the measurement of crude petroleum oil produced in this state as set forth in subsection (a) of this section. The commission shall make a daily record of the measurement of the crude petroleum oil, and it is authorized and empowered to make reasonable and necessary rules for the enforcement of the purposes of this section.

Amended by Act 2019, No. 315,§ 1262, eff. 7/24/2019.

Acts 1939, No. 205, §§ 1, 2; A.S.A. 1947, §§ 53-501, 53-502.
Ark. Code Ann. § 15-3-107 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-107
Meetings
Status: in_force

(a) The Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission shall meet at least one (1) time during each calendar quarter and at such other times as may be provided in the rules of the Arkansas Economic Development Commission, upon call by the chair, or upon written request of a majority of the directors. (b) A majority of the directors shall be necessary to transact business of the board, and all actions of the directors shall be by a majority vote of the full number of the members of the board. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, § 6-1602.

(a) The Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission shall meet at least one (1) time during each calendar quarter and at such other times as may be provided in the rules of the Arkansas Economic Development Commission, upon call by the chair, or upon written request of a majority of the directors.

(b) A majority of the directors shall be necessary to transact business of the board, and all actions of the directors shall be by a majority vote of the full number of the members of the board.

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

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

Acts 1983, No. 859, § 2; 1985, No. 409, § 2; A.S.A. 1947, § 6-1602.
Ark. Code Ann. § 15-57-304 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-304
Violations
Status: in_force

(a) It shall be unlawful for any person to: (1) Violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality issued pursuant to this subchapter; (2) Engage in open-cut mining without a permit issued pursuant to this subchapter; (3) Violate any conditions of a permit or reclamation plan issued pursuant to this subchapter; (4) Knowingly make any false statement, representation, or certification, or knowingly fail to make a statement, representation, or certification in any application, plan, record, report, or other document filed or required to be maintained under this subchapter; or (5) Willfully resist, prevent, impede, or interfere with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to this subchapter. (b) For the purposes of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. Amended by Act 2019, No. 315,§ 1154, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3075, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3074, eff. 7/1/2019. Acts 1991, No. 827, § 19; 1999, No. 1526, § 2.

(a) It shall be unlawful for any person to: (1) Violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality issued pursuant to this subchapter; (2) Engage in open-cut mining without a permit issued pursuant to this subchapter; (3) Violate any conditions of a permit or reclamation plan issued pursuant to this subchapter; (4) Knowingly make any false statement, representation, or certification, or knowingly fail to make a statement, representation, or certification in any application, plan, record, report, or other document filed or required to be maintained under this subchapter; or (5) Willfully resist, prevent, impede, or interfere with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to this subchapter.

(1) Violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality issued pursuant to this subchapter;

(2) Engage in open-cut mining without a permit issued pursuant to this subchapter;

(3) Violate any conditions of a permit or reclamation plan issued pursuant to this subchapter;

(4) Knowingly make any false statement, representation, or certification, or knowingly fail to make a statement, representation, or certification in any application, plan, record, report, or other document filed or required to be maintained under this subchapter; or

(5) Willfully resist, prevent, impede, or interfere with the Director of the Division of Environmental Quality or any of his or her authorized representatives in the performance of duties pursuant to this subchapter.

(b) For the purposes of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

Amended by Act 2019, No. 315,§ 1154, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3075, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3074, eff. 7/1/2019.

Acts 1991, No. 827, § 19; 1999, No. 1526, § 2.
Ark. Code Ann. § 15-72-402 — AR Code / Title 15 / Chapter 72 / Subchapter 4 / Section 15-72-402
Finding oil and gas to be contraband - Bringing action for seizure and sale
Status: in_force

(a) (1) Apart from, and in addition to, any other remedy or procedure which may be available to the Oil and Gas Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas, and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as provided in § 15-72-406 . (2) Sale shall not take place unless the circuit court shall find, in the proceeding provided for in this subchapter, that the commodity involved is contraband. (b) (1) Whenever the commission believes that illegal oil, illegal gas, or illegal product is subject to seizure and sale, as provided in this subchapter, it shall, through its attorney or the Attorney General, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving the illegal oil, illegal gas, or illegal product. (2) Any interested person who may show himself or herself to be adversely affected by the seizure and sale shall have the right to intervene in the suit to protect his or her rights. (3) This action referred to shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas, or illegal product mentioned in the complaint, as defendant. No bond shall be required of the plaintiff in connection therewith. Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.

(a) (1) Apart from, and in addition to, any other remedy or procedure which may be available to the Oil and Gas Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas, and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as provided in § 15-72-406 . (2) Sale shall not take place unless the circuit court shall find, in the proceeding provided for in this subchapter, that the commodity involved is contraband.

(1) Apart from, and in addition to, any other remedy or procedure which may be available to the Oil and Gas Commission, or any penalty which may be sought against or imposed upon any person with respect to violations relating to illegal oil, illegal gas, or illegal product, all illegal oil, illegal gas, and illegal product shall, except under such circumstances as are stated herein, be contraband and shall be seized and sold, and the proceeds applied as provided in § 15-72-406 .

(2) Sale shall not take place unless the circuit court shall find, in the proceeding provided for in this subchapter, that the commodity involved is contraband.

(b) (1) Whenever the commission believes that illegal oil, illegal gas, or illegal product is subject to seizure and sale, as provided in this subchapter, it shall, through its attorney or the Attorney General, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving the illegal oil, illegal gas, or illegal product. (2) Any interested person who may show himself or herself to be adversely affected by the seizure and sale shall have the right to intervene in the suit to protect his or her rights. (3) This action referred to shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas, or illegal product mentioned in the complaint, as defendant. No bond shall be required of the plaintiff in connection therewith.

(1) Whenever the commission believes that illegal oil, illegal gas, or illegal product is subject to seizure and sale, as provided in this subchapter, it shall, through its attorney or the Attorney General, bring a civil action in rem for that purpose in the circuit court of the county where the commodity is found, or the action may be maintained in connection with any suit or cross-action for injunction or for penalty relating to any prohibited transaction involving the illegal oil, illegal gas, or illegal product.

(2) Any interested person who may show himself or herself to be adversely affected by the seizure and sale shall have the right to intervene in the suit to protect his or her rights.

(3) This action referred to shall be strictly in rem and shall proceed in the name of the state as plaintiff against the illegal oil, illegal gas, or illegal product mentioned in the complaint, as defendant. No bond shall be required of the plaintiff in connection therewith.

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Ark. Code Ann. § 15-21-204 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-204
Land Survey Advisory Board - Duties
Status: in_force

The Land Survey Advisory Board shall act in an advisory capacity to the Arkansas Geographic Information Systems Office and the State Surveyor in all matters relative to formulating policies of the Division of Land Surveys of the Arkansas Geographic Information Systems Office and the State Surveyor and in promulgating the rules designed to establish uniform professional surveying and mapping methods and standards for the state and in formulating other policies, practices, and rules as the office and the State Surveyor shall deem necessary to carry out the purpose and intent of this subchapter. Amended by Act 2017, No. 145,§ 2, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 142, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 142, eff. 7/1/2015. Acts 1977, No. 214, § 3; A.S.A. 1947, § 10-1321; Acts 2001, No. 1417, § 2; 2007, No. 752, § 3.

The Land Survey Advisory Board shall act in an advisory capacity to the Arkansas Geographic Information Systems Office and the State Surveyor in all matters relative to formulating policies of the Division of Land Surveys of the Arkansas Geographic Information Systems Office and the State Surveyor and in promulgating the rules designed to establish uniform professional surveying and mapping methods and standards for the state and in formulating other policies, practices, and rules as the office and the State Surveyor shall deem necessary to carry out the purpose and intent of this subchapter.

Amended by Act 2017, No. 145,§ 2, eff. 8/1/2017.

Amended by Act 2015EX1, No. 8,§ 142, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 142, eff. 7/1/2015.

Acts 1977, No. 214, § 3; A.S.A. 1947, § 10-1321; Acts 2001, No. 1417, § 2; 2007, No. 752, § 3.
Ark. Code Ann. § 15-74-302 — AR Code / Title 15 / Chapter 74 / Subchapter 3 / Section 15-74-302
Cubic foot of gas defined
Status: in_force

(a) The term "cubic foot of gas" or "standard cubic foot of gas" means the volume of gas contained in one cubic foot (1 cf) of space at a standard pressure base and at a standard temperature base. (b) The standard pressure base shall be fourteen and sixty-five one hundredths pounds per square inch (14.65 lbs. p.s.i.) absolute, and the standard temperature base shall be sixty degrees Fahrenheit (60° F). (c) Whenever the conditions of pressure and temperature differ from the above standard, conversion of the volume from these conditions to the standard conditions shall be made in accordance with the Ideal Gas Laws with correction for deviation from Boyle's Law, which correction must be made unless the pressure at the point of measurement is two hundred pounds per square inch (200 lbs. p.s.i.) gauge, or less, all in accordance with methods and tables generally recognized by and commonly used in the natural gas industry. (d) For all purposes of computing standard cubic feet of gas under this subchapter, the barometric pressure may be assumed to be fourteen and six-tenths pounds per square inch (14.6 lbs. p.s.i.) absolute at the place of measurement. Acts 1951, No. 214, § 2; A.S.A. 1947, § 53-517.

(a) The term "cubic foot of gas" or "standard cubic foot of gas" means the volume of gas contained in one cubic foot (1 cf) of space at a standard pressure base and at a standard temperature base.

(b) The standard pressure base shall be fourteen and sixty-five one hundredths pounds per square inch (14.65 lbs. p.s.i.) absolute, and the standard temperature base shall be sixty degrees Fahrenheit (60° F).

(c) Whenever the conditions of pressure and temperature differ from the above standard, conversion of the volume from these conditions to the standard conditions shall be made in accordance with the Ideal Gas Laws with correction for deviation from Boyle's Law, which correction must be made unless the pressure at the point of measurement is two hundred pounds per square inch (200 lbs. p.s.i.) gauge, or less, all in accordance with methods and tables generally recognized by and commonly used in the natural gas industry.

(d) For all purposes of computing standard cubic feet of gas under this subchapter, the barometric pressure may be assumed to be fourteen and six-tenths pounds per square inch (14.6 lbs. p.s.i.) absolute at the place of measurement.

Acts 1951, No. 214, § 2; A.S.A. 1947, § 53-517.
Ark. Code Ann. § 15-4-3401 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Regional Economic Development Partnership Act". Acts 2011, No. 895, § 1.

This subchapter shall be known and may be cited as the "Regional Economic Development Partnership Act".

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-4-1205 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1205
Preliminary approval
Status: in_force

(a) If the Bank Commissioner is satisfied that the applicants are bona fide residents of the county or region to be served by the proposed company, that the applicants have the confidence of their respective communities, that, in the case of a regional company, the proposed region constitutes a reasonably compact area with similar economic development needs, that public convenience and necessity require a company, and that the proposed articles of incorporation or articles of organization and operating agreement conform to the provisions of § 15-4-1211 , the commissioner shall issue his or her certificate approving the articles of incorporation or articles of organization and operating agreement and authorizing the applicants to proceed with the organization of the company. (b) (1) The commissioner shall not refuse a certificate to a regional company solely because one (1) or more county companies have been approved for the counties composing the region. (2) Provided, however, only one (1) county industrial development company may be organized to serve in each individual county. Acts 1991, No. 1029, § 4; 1999, No. 37, § 4.

(a) If the Bank Commissioner is satisfied that the applicants are bona fide residents of the county or region to be served by the proposed company, that the applicants have the confidence of their respective communities, that, in the case of a regional company, the proposed region constitutes a reasonably compact area with similar economic development needs, that public convenience and necessity require a company, and that the proposed articles of incorporation or articles of organization and operating agreement conform to the provisions of § 15-4-1211 , the commissioner shall issue his or her certificate approving the articles of incorporation or articles of organization and operating agreement and authorizing the applicants to proceed with the organization of the company.

(b) (1) The commissioner shall not refuse a certificate to a regional company solely because one (1) or more county companies have been approved for the counties composing the region. (2) Provided, however, only one (1) county industrial development company may be organized to serve in each individual county.

(1) The commissioner shall not refuse a certificate to a regional company solely because one (1) or more county companies have been approved for the counties composing the region.

(2) Provided, however, only one (1) county industrial development company may be organized to serve in each individual county.

Acts 1991, No. 1029, § 4; 1999, No. 37, § 4.
Ark. Code Ann. § 15-42-108 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-108
Nonresident three-day fishing license
Status: in_force

(a) The Arkansas State Game and Fish Commission shall issue or cause to be issued a three-day fishing license to any nonresident of the state upon application therefor and the payment of a fee of three dollars and fifty cents ($3.50). (b) The commission is authorized to adopt and enforce any rules and regulations it deems necessary or appropriate to carry out the purposes of this section. Acts 1979, No. 392, §§ 1, 2; A.S.A. 1947, §§ 47-208.1, 47-208.2.

(a) The Arkansas State Game and Fish Commission shall issue or cause to be issued a three-day fishing license to any nonresident of the state upon application therefor and the payment of a fee of three dollars and fifty cents ($3.50).

(b) The commission is authorized to adopt and enforce any rules and regulations it deems necessary or appropriate to carry out the purposes of this section.

Acts 1979, No. 392, §§ 1, 2; A.S.A. 1947, §§ 47-208.1, 47-208.2.
Ark. Code Ann. § 15-72-313 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-313
New unit operation order in pool established by previous order
Status: in_force

(a) The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of § 15-72-308 , may after notice and hearing require unit operation of a pool or portion thereof when the unit area newly established embraces a unit area within the same pool established by a previous order of the commission. (b) In each case the petition shall be accompanied by a copy of the proposed unit operating agreement with respect to the operation of the unit as so enlarged in the form meeting the requirements of § 15-72-308(b)(3) . (c) In each instance the unit operating agreement shall be executed by persons owning interests in oil and gas in the entire unitized area so enlarged in sufficient numbers to comply with the requirements of § 15-72-309(a)(1) . However, if the unit operating agreement then in effect with respect to the unit area to which an additional portion of a pool is to be added contains provisions under the terms of which additions to the unit area may be made, the application for enlargement of the unitized area need only be accompanied by an agreement executed by persons owning interests in oil and gas under the area to be added to the unit area in numbers sufficient to comply with the requirements of § 15-72-309(a)(1) , for the inclusion, in accordance with the plan provided in the unit operating agreement involved, of the additional area to the unit area then existing. (d) In either case, the new order, in providing for allocation of unit production from the enlarged unit area, shall first treat the unit area previously established as a single tract. The portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportion as those specified therefor in the previous order. In no event shall the new order alter the relative values of tract factors of the previously established unit area, except by consent of all parties owning interests in the tract affected. (e) An order of the commission entered under this section shall be effective as to the enlarged unit area and to all persons owning interest in oil and gas therein to the same extent as an order entered under § 15-72-309 . It shall contain provisions with respect to the enlarged unit area to meet the requirements of § 15-72-310 , and the provisions of §§ 15-72-311 and 15-72-312 shall be applicable to obligations incurred in the operation of the enlarged unit area. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.

(a) The Oil and Gas Commission, upon the filing of a petition in a form complying with the requirements of § 15-72-308 , may after notice and hearing require unit operation of a pool or portion thereof when the unit area newly established embraces a unit area within the same pool established by a previous order of the commission.

(b) In each case the petition shall be accompanied by a copy of the proposed unit operating agreement with respect to the operation of the unit as so enlarged in the form meeting the requirements of § 15-72-308(b)(3) .

(c) In each instance the unit operating agreement shall be executed by persons owning interests in oil and gas in the entire unitized area so enlarged in sufficient numbers to comply with the requirements of § 15-72-309(a)(1) . However, if the unit operating agreement then in effect with respect to the unit area to which an additional portion of a pool is to be added contains provisions under the terms of which additions to the unit area may be made, the application for enlargement of the unitized area need only be accompanied by an agreement executed by persons owning interests in oil and gas under the area to be added to the unit area in numbers sufficient to comply with the requirements of § 15-72-309(a)(1) , for the inclusion, in accordance with the plan provided in the unit operating agreement involved, of the additional area to the unit area then existing.

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

(e) An order of the commission entered under this section shall be effective as to the enlarged unit area and to all persons owning interest in oil and gas therein to the same extent as an order entered under § 15-72-309 . It shall contain provisions with respect to the enlarged unit area to meet the requirements of § 15-72-310 , and the provisions of §§ 15-72-311 and 15-72-312 shall be applicable to obligations incurred in the operation of the enlarged unit area.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-3-134 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-134
Centers for applied technology - Disposition of funds
Status: in_force

Any moneys lawfully available to the Arkansas Economic Development Commission for the purpose of creating centers for applied technology may be used for the purchase of equipment and fixtures, employment of faculty and support staff, provision of graduate fellowships, and other purposes approved by the commission but may not be used for capital construction. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1989, No. 803, § 3.

Any moneys lawfully available to the Arkansas Economic Development Commission for the purpose of creating centers for applied technology may be used for the purchase of equipment and fixtures, employment of faculty and support staff, provision of graduate fellowships, and other purposes approved by the commission but may not be used for capital construction.

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

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

Acts 1989, No. 803, § 3.
Ark. Code Ann. § 15-72-204 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-204
Prerequisite for drilling permit - Operator's proof of financial responsibility
Status: in_force

(a) Before the Oil and Gas Commission issues a permit to drill, an operator who is doing business in this state and is not subject to the provisions of § 15-71-116 shall file proof of financial responsibility with the commission. (b) Before the commission transfers a well and issues a producer's certificate of compliance and authorization to transport oil or gas, a person who acquires the right of an operator of an existing well and is not subject to the provisions of § 15-71-116 shall file proof of financial responsibility with the commission. Acts 1983, No. 902, § 3; A.S.A. 1947, § 53-218; Acts 1991, No. 559, § 1; 2009, No. 1175, § 13.

(a) Before the Oil and Gas Commission issues a permit to drill, an operator who is doing business in this state and is not subject to the provisions of § 15-71-116 shall file proof of financial responsibility with the commission.

(b) Before the commission transfers a well and issues a producer's certificate of compliance and authorization to transport oil or gas, a person who acquires the right of an operator of an existing well and is not subject to the provisions of § 15-71-116 shall file proof of financial responsibility with the commission.

Acts 1983, No. 902, § 3; A.S.A. 1947, § 53-218; Acts 1991, No. 559, § 1; 2009, No. 1175, § 13.
Ark. Code Ann. § 15-32-605 — AR Code / Title 15 / Chapter 32 / Subchapter 6 / Section 15-32-605
Secondary purchasers exempt from liability
Status: in_force

Secondary purchasers shall not be civilly or criminally liable for any act or omission of a timber purchaser which becomes timber theft by operation of this subchapter. Acts 2001, No. 1247, § 5.

Secondary purchasers shall not be civilly or criminally liable for any act or omission of a timber purchaser which becomes timber theft by operation of this subchapter.

Acts 2001, No. 1247, § 5.
Ark. Code Ann. § 15-74-601 — AR Code / Title 15 / Chapter 74 / Subchapter 6 / Section 15-74-601
Time limits governing oil and gas payments - Definition
Status: in_force

(a) The proceeds derived from the sale of oil or gas production from any oil or gas well shall be paid to persons legally entitled thereto, commencing no later than six (6) months after the date of first sale and thereafter no later than sixty (60) days after the end of the calendar month within which subsequent production is sold or as provided for under subdivision (b)(2) of this section. (b) (1) The payment of proceeds under subsection (a) of this section is to be made to persons entitled thereto by the first purchasers of the production. (2) The payment may be made annually for the aggregate of up to twelve (12) months of accumulation of proceeds if the aggregate amount owed is at least ten dollars ($10.00), but less than one hundred fifty dollars ($150), provided, upon written request by the royalty owner, the payment shall be made when the aggregate amount exceeds fifty dollars ($50.00). Accumulated amounts of less than ten dollars ($10.00) may be held but shall be paid when production ceases or by the payor of the payment upon relinquishing responsibility. (c) As used in this subchapter, "first purchaser" means the first commercial purchaser after completion of the well and shall not include purchasers of oil or gas during initial testing prior to completion. (d) Any delay in determining the persons legally entitled to an interest in the proceeds from production caused by unmarketable title to the interest shall not affect payments to persons whose title is marketable. (e) When payment has not been made within the time limits specified in this subchapter, the first purchaser shall pay interest to those legally entitled to the withheld proceeds commencing on the payment due date at the rate of twelve percent (12%) per annum on the nonpaid amounts unless a different rate of interest is specified in a written agreement between the payor and the payee. (f) The first purchaser shall be exempt from the provisions of this subchapter, and the owner of the right to drill and to produce under an oil and gas lease or force pooling order shall be substituted for the first purchaser therein when the owner and purchaser have entered into arrangements in which the proceeds are paid by the purchaser to the owner, who assumes the responsibility of paying the proceeds to persons legally entitled thereto. (g) Moneys paid by the payor under this section may be paid by either check or any form of electronic funds transferred to the persons legally entitled to the moneys under § 15-72-305 . Amended by Act 2013, No. 1062,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1062,§ 4, eff. 8/16/2013. Acts 1981, No. 269, § 1; 1983, No. 448, § 1; A.S.A. 1947, § 53-525; Acts 2003, No. 276, § 1.

(a) The proceeds derived from the sale of oil or gas production from any oil or gas well shall be paid to persons legally entitled thereto, commencing no later than six (6) months after the date of first sale and thereafter no later than sixty (60) days after the end of the calendar month within which subsequent production is sold or as provided for under subdivision (b)(2) of this section.

(b) (1) The payment of proceeds under subsection (a) of this section is to be made to persons entitled thereto by the first purchasers of the production. (2) The payment may be made annually for the aggregate of up to twelve (12) months of accumulation of proceeds if the aggregate amount owed is at least ten dollars ($10.00), but less than one hundred fifty dollars ($150), provided, upon written request by the royalty owner, the payment shall be made when the aggregate amount exceeds fifty dollars ($50.00). Accumulated amounts of less than ten dollars ($10.00) may be held but shall be paid when production ceases or by the payor of the payment upon relinquishing responsibility.

(1) The payment of proceeds under subsection (a) of this section is to be made to persons entitled thereto by the first purchasers of the production.

(2) The payment may be made annually for the aggregate of up to twelve (12) months of accumulation of proceeds if the aggregate amount owed is at least ten dollars ($10.00), but less than one hundred fifty dollars ($150), provided, upon written request by the royalty owner, the payment shall be made when the aggregate amount exceeds fifty dollars ($50.00). Accumulated amounts of less than ten dollars ($10.00) may be held but shall be paid when production ceases or by the payor of the payment upon relinquishing responsibility.

(c) As used in this subchapter, "first purchaser" means the first commercial purchaser after completion of the well and shall not include purchasers of oil or gas during initial testing prior to completion.

(d) Any delay in determining the persons legally entitled to an interest in the proceeds from production caused by unmarketable title to the interest shall not affect payments to persons whose title is marketable.

(e) When payment has not been made within the time limits specified in this subchapter, the first purchaser shall pay interest to those legally entitled to the withheld proceeds commencing on the payment due date at the rate of twelve percent (12%) per annum on the nonpaid amounts unless a different rate of interest is specified in a written agreement between the payor and the payee.

(f) The first purchaser shall be exempt from the provisions of this subchapter, and the owner of the right to drill and to produce under an oil and gas lease or force pooling order shall be substituted for the first purchaser therein when the owner and purchaser have entered into arrangements in which the proceeds are paid by the purchaser to the owner, who assumes the responsibility of paying the proceeds to persons legally entitled thereto.

(g) Moneys paid by the payor under this section may be paid by either check or any form of electronic funds transferred to the persons legally entitled to the moneys under § 15-72-305 .

Amended by Act 2013, No. 1062,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1062,§ 4, eff. 8/16/2013.

Acts 1981, No. 269, § 1; 1983, No. 448, § 1; A.S.A. 1947, § 53-525; Acts 2003, No. 276, § 1.
Ark. Code Ann. § 15-4-1222 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1222
Eligibility for certain investments
Status: in_force

Any city or town in this state or any board, commission, or other authority duly established by ordinance of any such city or town or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such city or town may invest any of its funds not immediately needed for its purposes in the bonds and notes of any company organized under the provisions of this subchapter. Acts 1991, No. 1029, § 22; 1999, No. 37, § 21.

Any city or town in this state or any board, commission, or other authority duly established by ordinance of any such city or town or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any such city or town may invest any of its funds not immediately needed for its purposes in the bonds and notes of any company organized under the provisions of this subchapter.

Acts 1991, No. 1029, § 22; 1999, No. 37, § 21.
Ark. Code Ann. § 15-58-504 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-504
Exploration operations
Status: in_force

(a) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with coal exploration rules issued by the Arkansas Pollution Control and Ecology Commission. (b) Coal exploration rules shall provide, at a minimum, that prior to conducting any exploration under this subchapter, any person must file with the Division of Environmental Quality notice of intention to explore, and that no operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the division. (c) Coal exploration operations which substantially disturb the natural land surface in violation of this chapter or in violation of the rules issued pursuant to this chapter shall be subject to the civil and criminal penalties and enforcement provisions of this chapter. Amended by Act 2019, No. 315,§ 1213, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3166, eff. 7/1/2019. Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947; Acts 1999, No. 1164, § 150.

(a) Coal exploration operations which substantially disturb the natural land surface shall be conducted in accordance with coal exploration rules issued by the Arkansas Pollution Control and Ecology Commission.

(b) Coal exploration rules shall provide, at a minimum, that prior to conducting any exploration under this subchapter, any person must file with the Division of Environmental Quality notice of intention to explore, and that no operator shall remove more than two hundred fifty (250) tons of coal pursuant to an exploration permit without the specific written approval of the division.

(c) Coal exploration operations which substantially disturb the natural land surface in violation of this chapter or in violation of the rules issued pursuant to this chapter shall be subject to the civil and criminal penalties and enforcement provisions of this chapter.

Amended by Act 2019, No. 315,§ 1213, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3166, eff. 7/1/2019.

Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947; Acts 1999, No. 1164, § 150.
Ark. Code Ann. § 15-4-3101 — AR Code / Title 15 / Chapter 4 / Subchapter 31 / Section 15-4-3101
[Repealed]
Status: repealed

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

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

Acts 2005, No. 1277, § 1.
Ark. Code Ann. § 15-5-1408 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1408
Annual report
Status: in_force

The designated investor group shall publish an annual report within six (6) months after the close of its fiscal year, which shall: (1) Include its annual audit of the activities conducted by the designated investor group; (2) Be presented in writing, and by testimony if requested, to the: (A) Governor; (B) House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development; and (C) Arkansas Development Finance Authority; (3) Document and review the progress of the designated investor group in implementing its investment plan; and (4) List any use, redemption, or transfer of tax credits allowed under this subchapter. Acts 2001, No. 1791, § 8.

The designated investor group shall publish an annual report within six (6) months after the close of its fiscal year, which shall:

(1) Include its annual audit of the activities conducted by the designated investor group;

(2) Be presented in writing, and by testimony if requested, to the: (A) Governor; (B) House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development; and (C) Arkansas Development Finance Authority;

(A) Governor;

(B) House Committee on Agriculture, Forestry, and Economic Development and the Senate Committee on Agriculture, Forestry, and Economic Development; and

(C) Arkansas Development Finance Authority;

(3) Document and review the progress of the designated investor group in implementing its investment plan; and

(4) List any use, redemption, or transfer of tax credits allowed under this subchapter.

Acts 2001, No. 1791, § 8.
Ark. Code Ann. § 15-11-701 — AR Code / Title 15 / Chapter 11 / Subchapter 7 / Section 15-11-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Wildlife Observation Trails Pilot Program". Acts 2009, No. 686, § 1; 2011, No. 1041, § 1.

This subchapter shall be known and may be cited as the "Wildlife Observation Trails Pilot Program".

Acts 2009, No. 686, § 1; 2011, No. 1041, § 1.
Ark. Code Ann. § 15-13-204 — AR Code / Title 15 / Chapter 13 / Subchapter 2 / Section 15-13-204
Quality determinations and testing
Status: in_force

(a) The Arkansas Bureau of Standards of the State Plant Board shall make the determination that alternative fuels used in this state: (1) Are useable in motor vehicles; (2) Meet the specifications for biofuel and ethanol as provided under § 15-13-102 ; and (3) Undergo quality assurance testing to ensure fuel quality and continued consumer confidence in alternative fuels. (b) The Director of the Arkansas Bureau of Standards may: (1) Establish a fuel testing laboratory; (2) Contract with a laboratory for testing; (3) Adopt rules on false and misleading advertising, labeling, and posting of prices; and (4) Adopt the standards for alternative fuels. Acts 2007, No. 699, § 1.

(a) The Arkansas Bureau of Standards of the State Plant Board shall make the determination that alternative fuels used in this state: (1) Are useable in motor vehicles; (2) Meet the specifications for biofuel and ethanol as provided under § 15-13-102 ; and (3) Undergo quality assurance testing to ensure fuel quality and continued consumer confidence in alternative fuels.

(1) Are useable in motor vehicles;

(2) Meet the specifications for biofuel and ethanol as provided under § 15-13-102 ; and

(3) Undergo quality assurance testing to ensure fuel quality and continued consumer confidence in alternative fuels.

(b) The Director of the Arkansas Bureau of Standards may: (1) Establish a fuel testing laboratory; (2) Contract with a laboratory for testing; (3) Adopt rules on false and misleading advertising, labeling, and posting of prices; and (4) Adopt the standards for alternative fuels.

(1) Establish a fuel testing laboratory;

(2) Contract with a laboratory for testing;

(3) Adopt rules on false and misleading advertising, labeling, and posting of prices; and

(4) Adopt the standards for alternative fuels.

Acts 2007, No. 699, § 1.
Ark. Code Ann. § 15-74-408 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-408
Inspection of dealer records
Status: in_force

The person, firm, or corporation who receives motor vehicle fuel must keep in his or her possession and file in an orderly manner statements showing distillation tests, bills of lading, or invoices, as the case may be, covering each quantity received, and those items are to be subject to inspection by the Secretary of the Department of Finance and Administration or his or her authorized agents. Amended by Act 2019, No. 910,§ 3416, eff. 7/1/2019. Acts 1933, No. 134, § 7; Pope's Dig., § 10454; A.S.A. 1947, § 53-607.

The person, firm, or corporation who receives motor vehicle fuel must keep in his or her possession and file in an orderly manner statements showing distillation tests, bills of lading, or invoices, as the case may be, covering each quantity received, and those items are to be subject to inspection by the Secretary of the Department of Finance and Administration or his or her authorized agents.

Amended by Act 2019, No. 910,§ 3416, eff. 7/1/2019.

Acts 1933, No. 134, § 7; Pope's Dig., § 10454; A.S.A. 1947, § 53-607.
Ark. Code Ann. § 15-72-1105 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1105
Commingling
Status: in_force

(a) If oil or gas in which there exists more than one (1) oil and gas lien is commingled with other oil or gas in such a manner that the identity of the specific oil or gas is lost, then the oil and gas lien continues without interruption into and attaches to the resulting commingled product and is perfected automatically as of the date of its original perfection, but only as to volumes out of the commingled product equal to the volume of product to which the oil and gas lien originally attached. (b) The oil and gas lien in the commingled product has priority over a security interest or other lien that is not an oil and gas lien or permitted lien, whether or not the security interest or other lien has been properly perfected. (c) If more than one (1) oil and gas lien attaches to the commingled product, then the oil and gas liens rank equally in the proportion that the respective sales prices secured by each oil and gas lien bears as a percentage of the total of the sales prices secured by all oil and gas liens applicable to the product at the time the product was commingled. (d) This section recognizes the continuation of oil and gas lien rights of an interest owner in the commingled product stream only as to a volume of oil or gas proportionate to the volume of oil or gas that originated from the interest owner, with that volume of the commingled product being considered to have maintained a distinct identity as being available for sale or transportation under the specific contractual arrangements applicable to the product at the time the product entered the commingled product stream. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) If oil or gas in which there exists more than one (1) oil and gas lien is commingled with other oil or gas in such a manner that the identity of the specific oil or gas is lost, then the oil and gas lien continues without interruption into and attaches to the resulting commingled product and is perfected automatically as of the date of its original perfection, but only as to volumes out of the commingled product equal to the volume of product to which the oil and gas lien originally attached.

(b) The oil and gas lien in the commingled product has priority over a security interest or other lien that is not an oil and gas lien or permitted lien, whether or not the security interest or other lien has been properly perfected.

(c) If more than one (1) oil and gas lien attaches to the commingled product, then the oil and gas liens rank equally in the proportion that the respective sales prices secured by each oil and gas lien bears as a percentage of the total of the sales prices secured by all oil and gas liens applicable to the product at the time the product was commingled.

(d) This section recognizes the continuation of oil and gas lien rights of an interest owner in the commingled product stream only as to a volume of oil or gas proportionate to the volume of oil or gas that originated from the interest owner, with that volume of the commingled product being considered to have maintained a distinct identity as being available for sale or transportation under the specific contractual arrangements applicable to the product at the time the product entered the commingled product stream.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-71-102 — AR Code / Title 15 / Chapter 71 / Section 15-71-102
Members
Status: in_force

(a) The Oil and Gas Commission shall consist of nine (9) members, each to be appointed for a term of six (6) years, and, in event of a vacancy, the Governor shall by appointment fill the unexpired term. (b) All of the members of the commission shall be residents and citizens of the State of Arkansas and at least twenty-one (21) years of age, at least a majority of whom shall be experienced in the development, production, or transportation of oil or gas. (c) Each member shall qualify by taking an oath of office and shall hold office until his or her successor is appointed and qualified. (d) Each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1939, No. 105, § 2; 1979, No. 113, § 1; 1985, No. 680, § 1; A.S.A. 1947, §§ 53-102, 53-102.2; Acts 1997, No. 250, § 112; 2009, No. 389, § 1.

(a) The Oil and Gas Commission shall consist of nine (9) members, each to be appointed for a term of six (6) years, and, in event of a vacancy, the Governor shall by appointment fill the unexpired term.

(b) All of the members of the commission shall be residents and citizens of the State of Arkansas and at least twenty-one (21) years of age, at least a majority of whom shall be experienced in the development, production, or transportation of oil or gas.

(c) Each member shall qualify by taking an oath of office and shall hold office until his or her successor is appointed and qualified.

(d) Each member may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Acts 1939, No. 105, § 2; 1979, No. 113, § 1; 1985, No. 680, § 1; A.S.A. 1947, §§ 53-102, 53-102.2; Acts 1997, No. 250, § 112; 2009, No. 389, § 1.
Ark. Code Ann. § 15-5-1104 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1104
Contracts with financial institutions - Contents of contract
Status: in_force

(a) The Arkansas Development Finance Authority may contract with a financial institution for the purpose of allowing the financial institution to participate in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program. (b) A contract between the authority and a financial institution under this section shall provide: (1) For the creation of a loss reserve account by the authority for the benefit of the financial institution; (2) That the financial institution, a qualified business, and the authority will deposit moneys to the credit of the financial institution's loss reserve account when the financial institution makes a qualified loan to the qualified business; (3) That the authority will pay moneys in the loss reserve account, not exceeding an amount equal to the total amount credited to the loss reserve account, to the financial institution to reimburse the financial institution for any financial loss incurred as a result of any qualified loan made under the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program; (4) That the liability of the authority to the financial institution under the contract is limited to the amount of money credited to the loss reserve account of the financial institution; and (5) For such other terms as the authority may require. Amended by Act 2013, No. 1222,§ 1, eff. 8/16/2013. Acts 1993, No. 733, § 4; 1993, No. 886, § 4.

(a) The Arkansas Development Finance Authority may contract with a financial institution for the purpose of allowing the financial institution to participate in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program.

(b) A contract between the authority and a financial institution under this section shall provide: (1) For the creation of a loss reserve account by the authority for the benefit of the financial institution; (2) That the financial institution, a qualified business, and the authority will deposit moneys to the credit of the financial institution's loss reserve account when the financial institution makes a qualified loan to the qualified business; (3) That the authority will pay moneys in the loss reserve account, not exceeding an amount equal to the total amount credited to the loss reserve account, to the financial institution to reimburse the financial institution for any financial loss incurred as a result of any qualified loan made under the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program; (4) That the liability of the authority to the financial institution under the contract is limited to the amount of money credited to the loss reserve account of the financial institution; and (5) For such other terms as the authority may require.

(1) For the creation of a loss reserve account by the authority for the benefit of the financial institution;

(2) That the financial institution, a qualified business, and the authority will deposit moneys to the credit of the financial institution's loss reserve account when the financial institution makes a qualified loan to the qualified business;

(3) That the authority will pay moneys in the loss reserve account, not exceeding an amount equal to the total amount credited to the loss reserve account, to the financial institution to reimburse the financial institution for any financial loss incurred as a result of any qualified loan made under the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program;

(4) That the liability of the authority to the financial institution under the contract is limited to the amount of money credited to the loss reserve account of the financial institution; and

(5) For such other terms as the authority may require.

Amended by Act 2013, No. 1222,§ 1, eff. 8/16/2013.

Acts 1993, No. 733, § 4; 1993, No. 886, § 4.
Ark. Code Ann. § 15-23-205 — AR Code / Title 15 / Chapter 23 / Subchapter 2 / Section 15-23-205
Arkansas Port, Intermodal, and Waterway Development Grant Program
Status: in_force

(a) The Arkansas Waterways Commission shall establish and administer the Arkansas Port, Intermodal, and Waterway Development Grant Program that shall be used for one (1) or more of the following purposes: (1) To provide financial assistance to port authorities and intermodal authorities for the purpose of funding port development projects, including without limitation the construction, improvement, capital facility rehabilitation, and expansion of a public port facility, including without limitation an intermodal facility and a maritime-related industrial park infrastructure development; (2) To construct, install, or repair wharves, cargo handling equipment, utilities, railroads, primary access roads, and buildings that are an integral part of a port development project; and (3) To share in the expense of United States Army Corps of Engineers navigation enhancements, improvements, and emergency assistance projects. (b) The goals of the program are to: (1) Ensure that adequate land-side facilities are available to meet a definite market need by providing guidance and public funds to build land-side infrastructure that will provide jobs and competitive transportation costs for moving cargo, thereby minimizing highway congestion, improving safety, and reducing maintenance costs related to Arkansas's highways; and (2) Provide funding for dredging ports and waterways to allow Arkansas products to reach additional markets. (c) (1) An Arkansas public port authority or intermodal authority may apply for funding of a port development project under the program. (2) The Director of the Arkansas Waterways Commission shall provide the commission with the following information for any proposed projects under subdivision (a)(3) of this section: (A) A description; (B) Preliminary designs; (C) Cost estimates; (D) Cost-sharing percentages between the program and the United States Army Corps of Engineers; and (E) Any other information or documentation required by the commission. (3) The Chief Fiscal Officer of the State shall notify the commission when funding is available for the program. (d) The application required under subdivision (c)(1) of this section shall include the following: (1) A description of the port development project; (2) Evidence that the port authority or intermodal authority has an immediate need for the port development project; (3) A description of the benefits to be derived from the port development project; (4) A preliminary design of the port development project; (5) A cost estimate for the port development project; (6) A description of the port development project area; and (7) Any other information or documentation required by the commission. (e) The funding provided under the program shall not exceed ninety percent (90%) of the cost of construction or fifty percent (50%) of the dredging costs. (f) The commission shall promulgate rules to implement this section. Amended by Act 2023, No. 881,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 881,§ 1, eff. 8/1/2023. Amended by Act 2015, No. 855,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1483,§ 2, eff. 1/1/2014.

(a) The Arkansas Waterways Commission shall establish and administer the Arkansas Port, Intermodal, and Waterway Development Grant Program that shall be used for one (1) or more of the following purposes: (1) To provide financial assistance to port authorities and intermodal authorities for the purpose of funding port development projects, including without limitation the construction, improvement, capital facility rehabilitation, and expansion of a public port facility, including without limitation an intermodal facility and a maritime-related industrial park infrastructure development; (2) To construct, install, or repair wharves, cargo handling equipment, utilities, railroads, primary access roads, and buildings that are an integral part of a port development project; and (3) To share in the expense of United States Army Corps of Engineers navigation enhancements, improvements, and emergency assistance projects.

(1) To provide financial assistance to port authorities and intermodal authorities for the purpose of funding port development projects, including without limitation the construction, improvement, capital facility rehabilitation, and expansion of a public port facility, including without limitation an intermodal facility and a maritime-related industrial park infrastructure development;

(2) To construct, install, or repair wharves, cargo handling equipment, utilities, railroads, primary access roads, and buildings that are an integral part of a port development project; and

(3) To share in the expense of United States Army Corps of Engineers navigation enhancements, improvements, and emergency assistance projects.

(b) The goals of the program are to: (1) Ensure that adequate land-side facilities are available to meet a definite market need by providing guidance and public funds to build land-side infrastructure that will provide jobs and competitive transportation costs for moving cargo, thereby minimizing highway congestion, improving safety, and reducing maintenance costs related to Arkansas's highways; and (2) Provide funding for dredging ports and waterways to allow Arkansas products to reach additional markets.

(1) Ensure that adequate land-side facilities are available to meet a definite market need by providing guidance and public funds to build land-side infrastructure that will provide jobs and competitive transportation costs for moving cargo, thereby minimizing highway congestion, improving safety, and reducing maintenance costs related to Arkansas's highways; and

(2) Provide funding for dredging ports and waterways to allow Arkansas products to reach additional markets.

(c) (1) An Arkansas public port authority or intermodal authority may apply for funding of a port development project under the program. (2) The Director of the Arkansas Waterways Commission shall provide the commission with the following information for any proposed projects under subdivision (a)(3) of this section: (A) A description; (B) Preliminary designs; (C) Cost estimates; (D) Cost-sharing percentages between the program and the United States Army Corps of Engineers; and (E) Any other information or documentation required by the commission. (3) The Chief Fiscal Officer of the State shall notify the commission when funding is available for the program.

(1) An Arkansas public port authority or intermodal authority may apply for funding of a port development project under the program.

(2) The Director of the Arkansas Waterways Commission shall provide the commission with the following information for any proposed projects under subdivision (a)(3) of this section: (A) A description; (B) Preliminary designs; (C) Cost estimates; (D) Cost-sharing percentages between the program and the United States Army Corps of Engineers; and (E) Any other information or documentation required by the commission.

(A) A description;

(B) Preliminary designs;

(C) Cost estimates;

(D) Cost-sharing percentages between the program and the United States Army Corps of Engineers; and

(E) Any other information or documentation required by the commission.

(3) The Chief Fiscal Officer of the State shall notify the commission when funding is available for the program.

(d) The application required under subdivision (c)(1) of this section shall include the following: (1) A description of the port development project; (2) Evidence that the port authority or intermodal authority has an immediate need for the port development project; (3) A description of the benefits to be derived from the port development project; (4) A preliminary design of the port development project; (5) A cost estimate for the port development project; (6) A description of the port development project area; and (7) Any other information or documentation required by the commission.

(1) A description of the port development project;

(2) Evidence that the port authority or intermodal authority has an immediate need for the port development project;

(3) A description of the benefits to be derived from the port development project;

(4) A preliminary design of the port development project;

(5) A cost estimate for the port development project;

(6) A description of the port development project area; and

(7) Any other information or documentation required by the commission.

(e) The funding provided under the program shall not exceed ninety percent (90%) of the cost of construction or fifty percent (50%) of the dredging costs.

(f) The commission shall promulgate rules to implement this section.

Amended by Act 2023, No. 881,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 881,§ 1, eff. 8/1/2023.

Amended by Act 2015, No. 855,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1483,§ 2, eff. 1/1/2014.
Ark. Code Ann. § 15-5-1709 — AR Code / Title 15 / Chapter 5 / Subchapter 17 / Section 15-5-1709
Minimum requirements - Distribution of funds - Application evaluation guidelines
Status: in_force

(a) In order for a proposal to be an activity eligible for support, the following minimum requirements must be present: (1) Beneficiaries of the activity must have household incomes equal to or less than eighty percent (80%) of the median household income; (2) Housing to be funded must meet the same requirements for duration of affordability as set forth in the rules of the Arkansas Development Finance Authority for its HOME Investment Partnerships Program; (3) Housing to be funded must adhere to the universal design criteria set forth in the rules of the authority; (4) Housing to be funded must meet all building and maintenance standards set forth in the rules of the authority; and (5) No more than ten percent (10%) of the project budget may be spent on administrative costs. (b) (1) Activities to be funded by the Arkansas Housing Trust Fund shall be selected through a competitive process under rules to be promulgated by the authority. (2) The rules of the authority shall include incentives, set-asides, or inducements for the development of housing, including without limitation for the following: (A) Persons with very low income; (B) Persons living in rural areas; (C) Homeless persons; (D) Persons with disabilities; (E) Elderly persons; and (F) Victims of domestic violence. (3) The rules of the authority shall also set forth evaluation criteria, which shall include without limitation the following: (A) The experience of the entity making the proposal, determined through consideration of the proposer's past history in completing activities of a similar scale and nature; (B) If rental housing is being proposed, an evaluation of the property management history of the developer and management agent; (C) The timeliness with which units will be developed or the activity implemented; (D) The number of years a development shall maintain units at affordable rental or sales prices and the strength of enforcement mechanisms to ensure long-term affordability; (E) The number of affordable units being made available to households with household incomes at or below thirty percent (30%) of area median household income; (F) The degree to which fund moneys are used to leverage additional funding and the extent to which fund moneys will be returned through repayment; (G) The extent to which the activity will leverage or augment local community affordable housing goals or locally adopted affordable housing plans such as revitalization areas or other geographic areas targeted for investment; (H) The extent to which the activity will minimize negative impacts on existing tenants and community members, with particular emphasis on displacement; (I) The extent to which housing produced will be part of a mixed income development or neighborhood; (J) The extent to which the activity serves households with special needs, including individuals with disabilities, individuals with mental illness, or persons who are elderly, homeless, or victims of domestic violence; (K) The extent to which the activity adheres to energy efficiency and other environmental and sustainability standards; (L) The extent to which housing will be located near transit, shopping, community services, and other amenities; (M) The extent to which financial and home ownership counseling is provided to households served by the activity; and (N) The amount of the activity budget spent on administrative costs. Amended by Act 2019, No. 315,§ 1091, eff. 7/24/2019. Acts 2009, No. 661, § 1.

(a) In order for a proposal to be an activity eligible for support, the following minimum requirements must be present: (1) Beneficiaries of the activity must have household incomes equal to or less than eighty percent (80%) of the median household income; (2) Housing to be funded must meet the same requirements for duration of affordability as set forth in the rules of the Arkansas Development Finance Authority for its HOME Investment Partnerships Program; (3) Housing to be funded must adhere to the universal design criteria set forth in the rules of the authority; (4) Housing to be funded must meet all building and maintenance standards set forth in the rules of the authority; and (5) No more than ten percent (10%) of the project budget may be spent on administrative costs.

(1) Beneficiaries of the activity must have household incomes equal to or less than eighty percent (80%) of the median household income;

(2) Housing to be funded must meet the same requirements for duration of affordability as set forth in the rules of the Arkansas Development Finance Authority for its HOME Investment Partnerships Program;

(3) Housing to be funded must adhere to the universal design criteria set forth in the rules of the authority;

(4) Housing to be funded must meet all building and maintenance standards set forth in the rules of the authority; and

(5) No more than ten percent (10%) of the project budget may be spent on administrative costs.

(b) (1) Activities to be funded by the Arkansas Housing Trust Fund shall be selected through a competitive process under rules to be promulgated by the authority. (2) The rules of the authority shall include incentives, set-asides, or inducements for the development of housing, including without limitation for the following: (A) Persons with very low income; (B) Persons living in rural areas; (C) Homeless persons; (D) Persons with disabilities; (E) Elderly persons; and (F) Victims of domestic violence. (3) The rules of the authority shall also set forth evaluation criteria, which shall include without limitation the following: (A) The experience of the entity making the proposal, determined through consideration of the proposer's past history in completing activities of a similar scale and nature; (B) If rental housing is being proposed, an evaluation of the property management history of the developer and management agent; (C) The timeliness with which units will be developed or the activity implemented; (D) The number of years a development shall maintain units at affordable rental or sales prices and the strength of enforcement mechanisms to ensure long-term affordability; (E) The number of affordable units being made available to households with household incomes at or below thirty percent (30%) of area median household income; (F) The degree to which fund moneys are used to leverage additional funding and the extent to which fund moneys will be returned through repayment; (G) The extent to which the activity will leverage or augment local community affordable housing goals or locally adopted affordable housing plans such as revitalization areas or other geographic areas targeted for investment; (H) The extent to which the activity will minimize negative impacts on existing tenants and community members, with particular emphasis on displacement; (I) The extent to which housing produced will be part of a mixed income development or neighborhood; (J) The extent to which the activity serves households with special needs, including individuals with disabilities, individuals with mental illness, or persons who are elderly, homeless, or victims of domestic violence; (K) The extent to which the activity adheres to energy efficiency and other environmental and sustainability standards; (L) The extent to which housing will be located near transit, shopping, community services, and other amenities; (M) The extent to which financial and home ownership counseling is provided to households served by the activity; and (N) The amount of the activity budget spent on administrative costs.

(1) Activities to be funded by the Arkansas Housing Trust Fund shall be selected through a competitive process under rules to be promulgated by the authority.

(2) The rules of the authority shall include incentives, set-asides, or inducements for the development of housing, including without limitation for the following: (A) Persons with very low income; (B) Persons living in rural areas; (C) Homeless persons; (D) Persons with disabilities; (E) Elderly persons; and (F) Victims of domestic violence.

(A) Persons with very low income;

(B) Persons living in rural areas;

(C) Homeless persons;

(D) Persons with disabilities;

(E) Elderly persons; and

(F) Victims of domestic violence.

(3) The rules of the authority shall also set forth evaluation criteria, which shall include without limitation the following: (A) The experience of the entity making the proposal, determined through consideration of the proposer's past history in completing activities of a similar scale and nature; (B) If rental housing is being proposed, an evaluation of the property management history of the developer and management agent; (C) The timeliness with which units will be developed or the activity implemented; (D) The number of years a development shall maintain units at affordable rental or sales prices and the strength of enforcement mechanisms to ensure long-term affordability; (E) The number of affordable units being made available to households with household incomes at or below thirty percent (30%) of area median household income; (F) The degree to which fund moneys are used to leverage additional funding and the extent to which fund moneys will be returned through repayment; (G) The extent to which the activity will leverage or augment local community affordable housing goals or locally adopted affordable housing plans such as revitalization areas or other geographic areas targeted for investment; (H) The extent to which the activity will minimize negative impacts on existing tenants and community members, with particular emphasis on displacement; (I) The extent to which housing produced will be part of a mixed income development or neighborhood; (J) The extent to which the activity serves households with special needs, including individuals with disabilities, individuals with mental illness, or persons who are elderly, homeless, or victims of domestic violence; (K) The extent to which the activity adheres to energy efficiency and other environmental and sustainability standards; (L) The extent to which housing will be located near transit, shopping, community services, and other amenities; (M) The extent to which financial and home ownership counseling is provided to households served by the activity; and (N) The amount of the activity budget spent on administrative costs.

(A) The experience of the entity making the proposal, determined through consideration of the proposer's past history in completing activities of a similar scale and nature;

(B) If rental housing is being proposed, an evaluation of the property management history of the developer and management agent;

(C) The timeliness with which units will be developed or the activity implemented;

(D) The number of years a development shall maintain units at affordable rental or sales prices and the strength of enforcement mechanisms to ensure long-term affordability;

(E) The number of affordable units being made available to households with household incomes at or below thirty percent (30%) of area median household income;

(F) The degree to which fund moneys are used to leverage additional funding and the extent to which fund moneys will be returned through repayment;

(G) The extent to which the activity will leverage or augment local community affordable housing goals or locally adopted affordable housing plans such as revitalization areas or other geographic areas targeted for investment;

(H) The extent to which the activity will minimize negative impacts on existing tenants and community members, with particular emphasis on displacement;

(I) The extent to which housing produced will be part of a mixed income development or neighborhood;

(J) The extent to which the activity serves households with special needs, including individuals with disabilities, individuals with mental illness, or persons who are elderly, homeless, or victims of domestic violence;

(K) The extent to which the activity adheres to energy efficiency and other environmental and sustainability standards;

(L) The extent to which housing will be located near transit, shopping, community services, and other amenities;

(M) The extent to which financial and home ownership counseling is provided to households served by the activity; and

(N) The amount of the activity budget spent on administrative costs.

Amended by Act 2019, No. 315,§ 1091, eff. 7/24/2019.

Acts 2009, No. 661, § 1.