Ark. Code Ann. § 15-72-322 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-322
Oil and gas from salt water disposal unit - Product of tract
Status: in_force

The portion of oil and gas produced from the salt water disposal unit and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil and gas from any part of the unit area, conducted pursuant to the order of the Oil and Gas Commission, shall be deemed, for all purposes, to be operations for the production of oil and gas from each separately owned tract in the unit area. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.

The portion of oil and gas produced from the salt water disposal unit and allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from the tract. Operations for the production of oil and gas from any part of the unit area, conducted pursuant to the order of the Oil and Gas Commission, shall be deemed, for all purposes, to be operations for the production of oil and gas from each separately owned tract in the unit area.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; 1957, No. 401, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-4-1604 — AR Code / Title 15 / Chapter 4 / Subchapter 16 / Section 15-4-1604
Powers and duties of the Arkansas Economic Development Commission
Status: in_force

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties in addition to those mentioned in this subchapter and in other laws of this state: (1) To promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter; (2) (A) In highly competitive situations, the Director of the Arkansas Economic Development Commission is authorized to negotiate proposals on behalf of the state with prospective businesses which are considering locating a new facility or expanding an existing facility that would employ the requisite number of net new full-time permanent employees provided by § 15-4-1605 . (B) The commission is authorized to negotiate with the business a financial incentive plan up to an amount equal to three and nine-tenths percent (3.9%) of the business's annual payroll for the net new full-time permanent employees, and may negotiate with the business a financial incentive plan up to an amount equal to five percent (5%) of the annual payroll for the net new full-time permanent employees if the business locates in an area of high unemployment as defined by § 15-4-1602 ; (3) To provide the Department of Finance and Administration with a copy of each formal agreement entered into by the commission with each of the qualifying businesses so that the department will know how much money is to be designated for the Economic Development Incentive Fund each quarter; and (4) To make disbursement from the fund to qualified businesses which have entered into financial incentive plans. Amended by Act 2019, No. 315,§ 1065, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 368, eff. 7/1/2019. Acts 1993, No. 788, § 4; 1993, No. 851, § 4; 1999, No. 584, § 3.

The Arkansas Economic Development Commission shall administer the provisions of this subchapter and shall have the following powers and duties in addition to those mentioned in this subchapter and in other laws of this state:

(1) To promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., necessary to carry out the provisions of this subchapter;

(2) (A) In highly competitive situations, the Director of the Arkansas Economic Development Commission is authorized to negotiate proposals on behalf of the state with prospective businesses which are considering locating a new facility or expanding an existing facility that would employ the requisite number of net new full-time permanent employees provided by § 15-4-1605 . (B) The commission is authorized to negotiate with the business a financial incentive plan up to an amount equal to three and nine-tenths percent (3.9%) of the business's annual payroll for the net new full-time permanent employees, and may negotiate with the business a financial incentive plan up to an amount equal to five percent (5%) of the annual payroll for the net new full-time permanent employees if the business locates in an area of high unemployment as defined by § 15-4-1602 ;

(A) In highly competitive situations, the Director of the Arkansas Economic Development Commission is authorized to negotiate proposals on behalf of the state with prospective businesses which are considering locating a new facility or expanding an existing facility that would employ the requisite number of net new full-time permanent employees provided by § 15-4-1605 .

(B) The commission is authorized to negotiate with the business a financial incentive plan up to an amount equal to three and nine-tenths percent (3.9%) of the business's annual payroll for the net new full-time permanent employees, and may negotiate with the business a financial incentive plan up to an amount equal to five percent (5%) of the annual payroll for the net new full-time permanent employees if the business locates in an area of high unemployment as defined by § 15-4-1602 ;

(3) To provide the Department of Finance and Administration with a copy of each formal agreement entered into by the commission with each of the qualifying businesses so that the department will know how much money is to be designated for the Economic Development Incentive Fund each quarter; and

(4) To make disbursement from the fund to qualified businesses which have entered into financial incentive plans.

Amended by Act 2019, No. 315,§ 1065, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 368, eff. 7/1/2019.

Acts 1993, No. 788, § 4; 1993, No. 851, § 4; 1999, No. 584, § 3.
Ark. Code Ann. § 15-3-301 — AR Code / Title 15 / Chapter 3 / Subchapter 3 / Section 15-3-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Research Alliance Act". Acts 2007, No. 563, § 1.

This subchapter shall be known and may be cited as the "Arkansas Research Alliance Act".

Acts 2007, No. 563, § 1.
Ark. Code Ann. § 15-32-404 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-404
Reports of inspectors to General Assembly
Status: in_force

The county timber inspectors shall report to the General Assembly every two (2) years, within ten (10) days after the meeting thereof, the amount of logs, timber, and lumber scaled or measured by them for the two (2) years previous to the date of their report. Acts 1883, No. 83, § 19, p. 140; 1901, No. 130, § 11, p. 202; C. & M. Dig., § 7002; Pope's Dig., § 8982; A.S.A. 1947, § 54-305.

The county timber inspectors shall report to the General Assembly every two (2) years, within ten (10) days after the meeting thereof, the amount of logs, timber, and lumber scaled or measured by them for the two (2) years previous to the date of their report.

Acts 1883, No. 83, § 19, p. 140; 1901, No. 130, § 11, p. 202; C. & M. Dig., § 7002; Pope's Dig., § 8982; A.S.A. 1947, § 54-305.
Ark. Code Ann. § 15-4-2901 — AR Code / Title 15 / Chapter 4 / Subchapter 29 / Section 15-4-2901
[Repealed]
Status: repealed

Repealed by Act 2017, No. 374,§ 10, eff. 8/1/2017. Amended by Act 2015, No. 1115,§ 24, eff. 7/22/2015. Acts 2003, No. 1204, § 1.

Repealed by Act 2017, No. 374,§ 10, eff. 8/1/2017.

Amended by Act 2015, No. 1115,§ 24, eff. 7/22/2015.

Acts 2003, No. 1204, § 1.
Ark. Code Ann. § 15-20-1303 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1303
Authority to issue bonds
Status: in_force

(a) (1) The Arkansas Natural Resources Commission is hereby authorized to issue bonds of the State of Arkansas to be known as "State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities General Obligation bonds", in total principal amount not to exceed three hundred million dollars ($300,000,000), for the purposes of this subchapter. (2) However, no more than one hundred million dollars ($100,000,000) of bonds shall be issued to finance projects for irrigation facilities. (3) The bonds may be issued in one (1) or more series as required under this subchapter. (b) Unless the General Assembly authorizes a greater principal amount to be issued during a fiscal biennium, the total principal amount of bonds to be issued during any fiscal biennium shall not exceed sixty million dollars ($60,000,000). (c) (1) Before any bonds may be issued during a fiscal biennium, the commission shall submit to the Governor a written plan: (A) Setting forth criteria to be used by the commission in choosing the projects to be financed with the proceeds derived from the sale of the bonds or the programs for which funds may be provided by the commission to finance projects, or both; and (B) Requesting authorization for the projected maximum principal amount of bonds required to be issued in the fiscal biennium. (2) Upon receipt of the written plan, the Governor shall: (A) Confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues of the state under the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues of the state that would work undue hardship upon any agency or program supported from the general revenues of the state under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.; and (B) Upon compliance with subdivision (c)(2)(A) of this section, obtain the advice of: (i) The Joint Budget Committee if the General Assembly is in session; or (ii) The Legislative Council if the General Assembly is not in session. (d) (1) If the Governor deems it to be in the public interest, he or she by proclamation shall authorize the commission to proceed with the issuance of the bonds in one (1) or more series up to the maximum principal amount for the fiscal biennium approved by the Governor. (2) (A) If the Governor refuses to give his or her approval for the issuance of the bonds by declining to issue a proclamation approving the issuance, he or she shall promptly notify the commission in writing, and the bonds shall not be issued. (B) The commission may resubmit a request to the Governor for the approval of the issuance of the bonds. (C) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds. Acts 2007, No. 631, § 1.

(a) (1) The Arkansas Natural Resources Commission is hereby authorized to issue bonds of the State of Arkansas to be known as "State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities General Obligation bonds", in total principal amount not to exceed three hundred million dollars ($300,000,000), for the purposes of this subchapter. (2) However, no more than one hundred million dollars ($100,000,000) of bonds shall be issued to finance projects for irrigation facilities. (3) The bonds may be issued in one (1) or more series as required under this subchapter.

(1) The Arkansas Natural Resources Commission is hereby authorized to issue bonds of the State of Arkansas to be known as "State of Arkansas Water, Waste Disposal, and Pollution Abatement Facilities General Obligation bonds", in total principal amount not to exceed three hundred million dollars ($300,000,000), for the purposes of this subchapter.

(2) However, no more than one hundred million dollars ($100,000,000) of bonds shall be issued to finance projects for irrigation facilities.

(3) The bonds may be issued in one (1) or more series as required under this subchapter.

(b) Unless the General Assembly authorizes a greater principal amount to be issued during a fiscal biennium, the total principal amount of bonds to be issued during any fiscal biennium shall not exceed sixty million dollars ($60,000,000).

(c) (1) Before any bonds may be issued during a fiscal biennium, the commission shall submit to the Governor a written plan: (A) Setting forth criteria to be used by the commission in choosing the projects to be financed with the proceeds derived from the sale of the bonds or the programs for which funds may be provided by the commission to finance projects, or both; and (B) Requesting authorization for the projected maximum principal amount of bonds required to be issued in the fiscal biennium. (2) Upon receipt of the written plan, the Governor shall: (A) Confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues of the state under the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues of the state that would work undue hardship upon any agency or program supported from the general revenues of the state under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.; and (B) Upon compliance with subdivision (c)(2)(A) of this section, obtain the advice of: (i) The Joint Budget Committee if the General Assembly is in session; or (ii) The Legislative Council if the General Assembly is not in session.

(1) Before any bonds may be issued during a fiscal biennium, the commission shall submit to the Governor a written plan: (A) Setting forth criteria to be used by the commission in choosing the projects to be financed with the proceeds derived from the sale of the bonds or the programs for which funds may be provided by the commission to finance projects, or both; and (B) Requesting authorization for the projected maximum principal amount of bonds required to be issued in the fiscal biennium.

(A) Setting forth criteria to be used by the commission in choosing the projects to be financed with the proceeds derived from the sale of the bonds or the programs for which funds may be provided by the commission to finance projects, or both; and

(B) Requesting authorization for the projected maximum principal amount of bonds required to be issued in the fiscal biennium.

(2) Upon receipt of the written plan, the Governor shall: (A) Confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues of the state under the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues of the state that would work undue hardship upon any agency or program supported from the general revenues of the state under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.; and (B) Upon compliance with subdivision (c)(2)(A) of this section, obtain the advice of: (i) The Joint Budget Committee if the General Assembly is in session; or (ii) The Legislative Council if the General Assembly is not in session.

(A) Confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues of the state under the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued would require moneys from the general revenues of the state that would work undue hardship upon any agency or program supported from the general revenues of the state under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.; and

(B) Upon compliance with subdivision (c)(2)(A) of this section, obtain the advice of: (i) The Joint Budget Committee if the General Assembly is in session; or (ii) The Legislative Council if the General Assembly is not in session.

(i) The Joint Budget Committee if the General Assembly is in session; or

(ii) The Legislative Council if the General Assembly is not in session.

(d) (1) If the Governor deems it to be in the public interest, he or she by proclamation shall authorize the commission to proceed with the issuance of the bonds in one (1) or more series up to the maximum principal amount for the fiscal biennium approved by the Governor. (2) (A) If the Governor refuses to give his or her approval for the issuance of the bonds by declining to issue a proclamation approving the issuance, he or she shall promptly notify the commission in writing, and the bonds shall not be issued. (B) The commission may resubmit a request to the Governor for the approval of the issuance of the bonds. (C) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.

(1) If the Governor deems it to be in the public interest, he or she by proclamation shall authorize the commission to proceed with the issuance of the bonds in one (1) or more series up to the maximum principal amount for the fiscal biennium approved by the Governor.

(2) (A) If the Governor refuses to give his or her approval for the issuance of the bonds by declining to issue a proclamation approving the issuance, he or she shall promptly notify the commission in writing, and the bonds shall not be issued. (B) The commission may resubmit a request to the Governor for the approval of the issuance of the bonds. (C) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds.

(A) If the Governor refuses to give his or her approval for the issuance of the bonds by declining to issue a proclamation approving the issuance, he or she shall promptly notify the commission in writing, and the bonds shall not be issued.

(B) The commission may resubmit a request to the Governor for the approval of the issuance of the bonds.

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

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-22-1208 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1208
County conservation board members
Status: in_force

(a) The Sparta Aquifer critical groundwater county conservation board shall be composed of one (1) qualified elector residing in each justice of the peace district in the county. (b) (1) The initial members of the board shall be appointed by the circuit court at the time of establishment of the board or within a reasonable time thereafter. (2) The circuit court shall fix the terms of the initial members of the board in a manner that the terms of the board members shall expire on December 31 of the year of each general election and each two (2) years thereafter. (3) The membership of the initial board shall be divided into two-year, four-year, and six-year terms in order to set up the every-two-year rotation. Acts 1999, No. 1050, § 8.

(a) The Sparta Aquifer critical groundwater county conservation board shall be composed of one (1) qualified elector residing in each justice of the peace district in the county.

(b) (1) The initial members of the board shall be appointed by the circuit court at the time of establishment of the board or within a reasonable time thereafter. (2) The circuit court shall fix the terms of the initial members of the board in a manner that the terms of the board members shall expire on December 31 of the year of each general election and each two (2) years thereafter. (3) The membership of the initial board shall be divided into two-year, four-year, and six-year terms in order to set up the every-two-year rotation.

(1) The initial members of the board shall be appointed by the circuit court at the time of establishment of the board or within a reasonable time thereafter.

(2) The circuit court shall fix the terms of the initial members of the board in a manner that the terms of the board members shall expire on December 31 of the year of each general election and each two (2) years thereafter.

(3) The membership of the initial board shall be divided into two-year, four-year, and six-year terms in order to set up the every-two-year rotation.

Acts 1999, No. 1050, § 8.
Ark. Code Ann. § 15-20-502 — AR Code / Title 15 / Chapter 20 / Subchapter 5 / Section 15-20-502
Rules - Enforcement - Penalties
Status: in_force

(a) The Arkansas Natural Heritage Commission may promulgate rules establishing policies governing the use and protection of a natural area. (b) A person violating a rule promulgated by the commission governing a natural area upon conviction is guilty of an unclassified misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each violation. (c) A law enforcement officer may issue a citation to and apprehend a person violating a rule promulgated by the commission for use and protection of a natural area and take the person before a court having jurisdiction in the county where the violation was committed. (d) The Director of the Arkansas Natural Heritage Commission may apply to the circuit court of any county in which a violation of this subchapter is occurring or in which the director has reasonable cause to believe a violation of this subchapter is about to occur, and the circuit court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating this subchapter without requiring the director to post bond during the pendency of the action described in this subsection. (e) (1) In addition to criminal penalties under subsection (b) of this section, a person who violates a rule promulgated by the commission governing a natural area or who causes a violation by his or her employee or agent is liable for a civil penalty of five hundred dollars ($500) or three (3) times the value of the damages caused, whichever is the greater, and the civil penalty shall be recovered in an action brought by the Attorney General or the commission's attorney in the proper circuit court. (2) The civil penalty described in subdivision (e)(1) of this section shall be used to restore the natural area or to secure the preservation of similar areas. Amended by Act 2017, No. 634,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 374,§ 28, eff. 8/1/2017. Acts 1989, No. 381, § 2.

(a) The Arkansas Natural Heritage Commission may promulgate rules establishing policies governing the use and protection of a natural area.

(b) A person violating a rule promulgated by the commission governing a natural area upon conviction is guilty of an unclassified misdemeanor and shall be fined not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250), or imprisoned for not less than ten (10) days nor more than thirty (30) days for each violation.

(c) A law enforcement officer may issue a citation to and apprehend a person violating a rule promulgated by the commission for use and protection of a natural area and take the person before a court having jurisdiction in the county where the violation was committed.

(d) The Director of the Arkansas Natural Heritage Commission may apply to the circuit court of any county in which a violation of this subchapter is occurring or in which the director has reasonable cause to believe a violation of this subchapter is about to occur, and the circuit court shall have jurisdiction to grant a temporary or permanent injunction restraining any person from violating this subchapter without requiring the director to post bond during the pendency of the action described in this subsection.

(e) (1) In addition to criminal penalties under subsection (b) of this section, a person who violates a rule promulgated by the commission governing a natural area or who causes a violation by his or her employee or agent is liable for a civil penalty of five hundred dollars ($500) or three (3) times the value of the damages caused, whichever is the greater, and the civil penalty shall be recovered in an action brought by the Attorney General or the commission's attorney in the proper circuit court. (2) The civil penalty described in subdivision (e)(1) of this section shall be used to restore the natural area or to secure the preservation of similar areas.

(1) In addition to criminal penalties under subsection (b) of this section, a person who violates a rule promulgated by the commission governing a natural area or who causes a violation by his or her employee or agent is liable for a civil penalty of five hundred dollars ($500) or three (3) times the value of the damages caused, whichever is the greater, and the civil penalty shall be recovered in an action brought by the Attorney General or the commission's attorney in the proper circuit court.

(2) The civil penalty described in subdivision (e)(1) of this section shall be used to restore the natural area or to secure the preservation of similar areas.

Amended by Act 2017, No. 634,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 374,§ 28, eff. 8/1/2017.

Acts 1989, No. 381, § 2.
Ark. Code Ann. § 15-20-901 — AR Code / Title 15 / Chapter 20 / Subchapter 9 / Section 15-20-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Poultry Feeding Operations Registration Act". Acts 2003, No. 1060, § 1.

This subchapter shall be known and may be cited as the "Arkansas Poultry Feeding Operations Registration Act".

Acts 2003, No. 1060, § 1.
Ark. Code Ann. § 15-71-104 — AR Code / Title 15 / Chapter 71 / Section 15-71-104
Counsel for the commission
Status: in_force

(a) (1) The Oil and Gas Commission, in consultation with the Secretary of the Department of Energy and Environment, may employ an attorney to provide specialized professional services in matters requiring legal representation. (2) However, any contract for legal representation shall be subject to approval by the Attorney General, who shall otherwise be attorney for the commission. (b) Any member of the commission or the secretary thereof shall have power to administer oaths to any witness in any hearing, investigation, or proceeding contemplated by this act or by any other law of this state relating to the conservation of oil or gas. Amended by Act 2019, No. 910,§ 3171, eff. 7/1/2019. Acts 1939, No. 105, § 4; A.S.A. 1947, § 53-104; Acts 2001, No. 1189, § 1.

(a) (1) The Oil and Gas Commission, in consultation with the Secretary of the Department of Energy and Environment, may employ an attorney to provide specialized professional services in matters requiring legal representation. (2) However, any contract for legal representation shall be subject to approval by the Attorney General, who shall otherwise be attorney for the commission.

(1) The Oil and Gas Commission, in consultation with the Secretary of the Department of Energy and Environment, may employ an attorney to provide specialized professional services in matters requiring legal representation.

(2) However, any contract for legal representation shall be subject to approval by the Attorney General, who shall otherwise be attorney for the commission.

(b) Any member of the commission or the secretary thereof shall have power to administer oaths to any witness in any hearing, investigation, or proceeding contemplated by this act or by any other law of this state relating to the conservation of oil or gas.

Amended by Act 2019, No. 910,§ 3171, eff. 7/1/2019.

Acts 1939, No. 105, § 4; A.S.A. 1947, § 53-104; Acts 2001, No. 1189, § 1.
Ark. Code Ann. § 15-71-103 — AR Code / Title 15 / Chapter 71 / Section 15-71-103
Organization - Meetings
Status: in_force

(a) The Oil and Gas Commission shall elect from its number a chair. (b) The commission shall establish an office at the county seat of some county in Arkansas in which oil or gas is produced, which place shall be designated by resolution of the commission and at which the records of the commission shall be kept. (c) The commission shall meet or hold hearings at times and places found by the commission to be necessary to carry out its duties. (d) (1) A majority of the commission shall constitute a quorum, and a majority of those voting for and against the adoption or promulgation of any rule or order shall be necessary for the adoption or promulgation of the rule or order. (2) However, in no event shall any rule or order be adopted or promulgated without receiving at least five (5) affirmative votes. Amended by Act 2019, No. 315,§ 1221, eff. 7/24/2019. Acts 1939, No. 105, §§ 2, 3; 1979, No. 113, § 1; A.S.A. 1947, §§ 53-102, 53-103; Acts 1987 (1st Ex. Sess.), No. 32, § 1; 1987 (1st Ex. Sess.), No. 53, § 1; 2009, No. 1175, § 1.

(a) The Oil and Gas Commission shall elect from its number a chair.

(b) The commission shall establish an office at the county seat of some county in Arkansas in which oil or gas is produced, which place shall be designated by resolution of the commission and at which the records of the commission shall be kept.

(c) The commission shall meet or hold hearings at times and places found by the commission to be necessary to carry out its duties.

(d) (1) A majority of the commission shall constitute a quorum, and a majority of those voting for and against the adoption or promulgation of any rule or order shall be necessary for the adoption or promulgation of the rule or order. (2) However, in no event shall any rule or order be adopted or promulgated without receiving at least five (5) affirmative votes.

(1) A majority of the commission shall constitute a quorum, and a majority of those voting for and against the adoption or promulgation of any rule or order shall be necessary for the adoption or promulgation of the rule or order.

(2) However, in no event shall any rule or order be adopted or promulgated without receiving at least five (5) affirmative votes.

Amended by Act 2019, No. 315,§ 1221, eff. 7/24/2019.

Acts 1939, No. 105, §§ 2, 3; 1979, No. 113, § 1; A.S.A. 1947, §§ 53-102, 53-103; Acts 1987 (1st Ex. Sess.), No. 32, § 1; 1987 (1st Ex. Sess.), No. 53, § 1; 2009, No. 1175, § 1.
Ark. Code Ann. § 15-4-1217 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1217
Authority of other corporations and financial institutions
Status: in_force

Notwithstanding any rule at common law or any provision of law or any provision in their respective articles of incorporation: (1) All domestic corporations, including nonprofit corporations and associations, organized for the purpose of carrying on business within this state, including, without implied limitation, any public utility, and all trusts, are authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, notes, securities, or other evidences of indebtedness created pursuant to this subchapter or the shares of the common stock or the units of interest of a company organized under this subchapter and, while owners of the stock or units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state; (2) All financial institutions are authorized to become members of the company and to make loans to the company as provided in this subchapter; (3) A financial institution which does not become a member of the company shall not be permitted to acquire any shares of the common stock or units of interest of the company; and (4) (A) (i) Each financial institution which becomes a member of the company is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, notes, securities, or other evidences of indebtedness created pursuant to this subchapter or the shares of the common stock or the units of interest of the company and, while owners of the stock or units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state. (ii) However, the amount of the common stock of a corporation or the units of interest of a limited liability company which may be acquired by any member pursuant to the authority granted in this section shall not exceed ten percent (10%) of the loan limit of each member. (B) The common stock or the units of interest of a company organized under this subchapter which any member is authorized to acquire pursuant to the authority granted in this section is in addition to the amount of common stock in corporations or units of interest in other business entities which the member may otherwise be authorized to acquire. Acts 1991, No. 1029, § 17; 1999, No. 37, § 16.

Notwithstanding any rule at common law or any provision of law or any provision in their respective articles of incorporation:

(1) All domestic corporations, including nonprofit corporations and associations, organized for the purpose of carrying on business within this state, including, without implied limitation, any public utility, and all trusts, are authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, notes, securities, or other evidences of indebtedness created pursuant to this subchapter or the shares of the common stock or the units of interest of a company organized under this subchapter and, while owners of the stock or units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state;

(2) All financial institutions are authorized to become members of the company and to make loans to the company as provided in this subchapter;

(3) A financial institution which does not become a member of the company shall not be permitted to acquire any shares of the common stock or units of interest of the company; and

(4) (A) (i) Each financial institution which becomes a member of the company is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, notes, securities, or other evidences of indebtedness created pursuant to this subchapter or the shares of the common stock or the units of interest of the company and, while owners of the stock or units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state. (ii) However, the amount of the common stock of a corporation or the units of interest of a limited liability company which may be acquired by any member pursuant to the authority granted in this section shall not exceed ten percent (10%) of the loan limit of each member. (B) The common stock or the units of interest of a company organized under this subchapter which any member is authorized to acquire pursuant to the authority granted in this section is in addition to the amount of common stock in corporations or units of interest in other business entities which the member may otherwise be authorized to acquire.

(A) (i) Each financial institution which becomes a member of the company is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, notes, securities, or other evidences of indebtedness created pursuant to this subchapter or the shares of the common stock or the units of interest of the company and, while owners of the stock or units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state. (ii) However, the amount of the common stock of a corporation or the units of interest of a limited liability company which may be acquired by any member pursuant to the authority granted in this section shall not exceed ten percent (10%) of the loan limit of each member.

(i) Each financial institution which becomes a member of the company is authorized to acquire, purchase, hold, sell, assign, transfer, mortgage, pledge, or otherwise dispose of any bonds, notes, securities, or other evidences of indebtedness created pursuant to this subchapter or the shares of the common stock or the units of interest of the company and, while owners of the stock or units of interest, to exercise all the rights, powers, and privileges of ownership, including the right to vote thereon, all without the approval of any regulatory authority of the state.

(ii) However, the amount of the common stock of a corporation or the units of interest of a limited liability company which may be acquired by any member pursuant to the authority granted in this section shall not exceed ten percent (10%) of the loan limit of each member.

(B) The common stock or the units of interest of a company organized under this subchapter which any member is authorized to acquire pursuant to the authority granted in this section is in addition to the amount of common stock in corporations or units of interest in other business entities which the member may otherwise be authorized to acquire.

Acts 1991, No. 1029, § 17; 1999, No. 37, § 16.
Ark. Code Ann. § 15-5-1210 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1210
Subchapter cumulative of other laws
Status: in_force

This subchapter is cumulative of other laws on the subject and the Arkansas Development Finance Authority may use provisions of other applicable laws in the issuance of bonds and other obligations, but this subchapter is wholly sufficient authority for the issuance of bonds and the performance of all other acts and procedures authorized by this subchapter. Acts 1995, No. 1054, § 1.

This subchapter is cumulative of other laws on the subject and the Arkansas Development Finance Authority may use provisions of other applicable laws in the issuance of bonds and other obligations, but this subchapter is wholly sufficient authority for the issuance of bonds and the performance of all other acts and procedures authorized by this subchapter.

Acts 1995, No. 1054, § 1.
Ark. Code Ann. § 15-45-302 — AR Code / Title 15 / Chapter 45 / Subchapter 3 / Section 15-45-302
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 39, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5667, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 42, eff. 8/1/2017. Amended by Act 2015, No. 1100,§ 18, eff. 7/22/2015. Acts 1983, No. 475, § 3; A.S.A. 1947, § 47-902.

Repealed by Act 2023, No. 365,§ 39, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5667, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 42, eff. 8/1/2017.

Amended by Act 2015, No. 1100,§ 18, eff. 7/22/2015.

Acts 1983, No. 475, § 3; A.S.A. 1947, § 47-902.
Ark. Code Ann. § 15-5-317 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-317
Power to enter into an interest rate exchange agreement or similar agreement or contract
Status: in_force

(a) In connection with bonds issued before, on, or after March 18, 2003, the Arkansas Development Finance Authority shall have the power to: (1) (A) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine. (B) The terms and conditions of the agreements under subdivision (a)(1)(A) of this section in which the authority may enter shall include terms as to default or early termination and indemnification by the authority or any other party to the agreement for loss of benefits as a result of default or early termination; (2) Procure insurance, letters of credit, or other credit enhancement with respect to an interest rate exchange agreement or similar agreement or contract; (3) Provide security for the payment or performance of its obligations with respect to an interest rate exchange agreement or similar agreement or contract in accordance with existing state law governing security for its bonds; and (4) Modify, amend, or replace an interest rate exchange agreement or similar agreement or contract. (b) Any interest rate exchange agreement or similar agreement or contract entered into under this section is subject to the following limitations, and the authority shall not enter into an interest rate exchange agreement or similar agreement or contract unless: (1) The counterparty to the agreement has obtained a credit rating from at least one (1) nationally recognized statistical rating agency that is at least equal to the lowest investment grade rating of any of the authority's bonds by the rating agency or the payment obligations of the counterparty are unconditionally guaranteed by an entity with the credit ratings stated in this section; (2) The written contract evidencing the agreement provides that if the rating of the counterparty or of the guarantor of the counterparty falls below the rating level stated in subdivision (b)(1) of this section during the term of the agreement, the obligation of the counterparty or guarantor to pay the aggregate security value of the contract to the authority shall be collateralized by the counterparty's or guarantor's investment obligations to the extent required by the authority's guidelines adopted under this section; and (3) The authority files in its records a finding by independent financial advisors to the authority that the terms and conditions of the interest rate exchange agreement or similar agreement or contract reflect a fair market value regardless of whether the agreement was solicited on a competitive or negotiated basis. (c) Prior to authorizing the approval of any contract for an interest rate exchange agreement or a similar agreement, the authority shall adopt guidelines for the use of an interest rate exchange agreement or a similar agreement or contract that shall include the following: (1) The methods by which those agreements are to be solicited and procured; (2) The standards and procedures for counterparty selection; (3) The aspects of risk exposure associated with those agreements; (4) The types of agreements to be entered into; (5) The collateralization requirements imposed upon a counterparty or guarantor in the event of a rating agency downgrade; and (6) The long-term implications associated with entering into those agreements, such as: (A) Costs of borrowing; (B) Historical trends; (C) Any potential impact on the future ability to redeem bonds, including opportunities to refund related debt obligations; or (D) Any similar consideration. (d) The authority may amend the guidelines for an interest rate exchange agreement or similar agreement or contract and shall make the guidelines available for public inspection at the offices of the authority. (e) Pursuant to the authority's reporting requirement under § 15-5-212 , the authority shall disclose to the Governor and to the Legislative Council each interest rate exchange agreement or similar agreement or contract to which the authority is a party. Acts 2003, No. 494, § 4.

(a) In connection with bonds issued before, on, or after March 18, 2003, the Arkansas Development Finance Authority shall have the power to: (1) (A) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine. (B) The terms and conditions of the agreements under subdivision (a)(1)(A) of this section in which the authority may enter shall include terms as to default or early termination and indemnification by the authority or any other party to the agreement for loss of benefits as a result of default or early termination; (2) Procure insurance, letters of credit, or other credit enhancement with respect to an interest rate exchange agreement or similar agreement or contract; (3) Provide security for the payment or performance of its obligations with respect to an interest rate exchange agreement or similar agreement or contract in accordance with existing state law governing security for its bonds; and (4) Modify, amend, or replace an interest rate exchange agreement or similar agreement or contract.

(1) (A) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine. (B) The terms and conditions of the agreements under subdivision (a)(1)(A) of this section in which the authority may enter shall include terms as to default or early termination and indemnification by the authority or any other party to the agreement for loss of benefits as a result of default or early termination;

(A) Enter into an interest rate exchange agreement or similar agreement or contract with any person on a competitive or negotiated basis under the terms and conditions as the authority shall determine.

(B) The terms and conditions of the agreements under subdivision (a)(1)(A) of this section in which the authority may enter shall include terms as to default or early termination and indemnification by the authority or any other party to the agreement for loss of benefits as a result of default or early termination;

(2) Procure insurance, letters of credit, or other credit enhancement with respect to an interest rate exchange agreement or similar agreement or contract;

(3) Provide security for the payment or performance of its obligations with respect to an interest rate exchange agreement or similar agreement or contract in accordance with existing state law governing security for its bonds; and

(4) Modify, amend, or replace an interest rate exchange agreement or similar agreement or contract.

(b) Any interest rate exchange agreement or similar agreement or contract entered into under this section is subject to the following limitations, and the authority shall not enter into an interest rate exchange agreement or similar agreement or contract unless: (1) The counterparty to the agreement has obtained a credit rating from at least one (1) nationally recognized statistical rating agency that is at least equal to the lowest investment grade rating of any of the authority's bonds by the rating agency or the payment obligations of the counterparty are unconditionally guaranteed by an entity with the credit ratings stated in this section; (2) The written contract evidencing the agreement provides that if the rating of the counterparty or of the guarantor of the counterparty falls below the rating level stated in subdivision (b)(1) of this section during the term of the agreement, the obligation of the counterparty or guarantor to pay the aggregate security value of the contract to the authority shall be collateralized by the counterparty's or guarantor's investment obligations to the extent required by the authority's guidelines adopted under this section; and (3) The authority files in its records a finding by independent financial advisors to the authority that the terms and conditions of the interest rate exchange agreement or similar agreement or contract reflect a fair market value regardless of whether the agreement was solicited on a competitive or negotiated basis.

(1) The counterparty to the agreement has obtained a credit rating from at least one (1) nationally recognized statistical rating agency that is at least equal to the lowest investment grade rating of any of the authority's bonds by the rating agency or the payment obligations of the counterparty are unconditionally guaranteed by an entity with the credit ratings stated in this section;

(2) The written contract evidencing the agreement provides that if the rating of the counterparty or of the guarantor of the counterparty falls below the rating level stated in subdivision (b)(1) of this section during the term of the agreement, the obligation of the counterparty or guarantor to pay the aggregate security value of the contract to the authority shall be collateralized by the counterparty's or guarantor's investment obligations to the extent required by the authority's guidelines adopted under this section; and

(3) The authority files in its records a finding by independent financial advisors to the authority that the terms and conditions of the interest rate exchange agreement or similar agreement or contract reflect a fair market value regardless of whether the agreement was solicited on a competitive or negotiated basis.

(c) Prior to authorizing the approval of any contract for an interest rate exchange agreement or a similar agreement, the authority shall adopt guidelines for the use of an interest rate exchange agreement or a similar agreement or contract that shall include the following: (1) The methods by which those agreements are to be solicited and procured; (2) The standards and procedures for counterparty selection; (3) The aspects of risk exposure associated with those agreements; (4) The types of agreements to be entered into; (5) The collateralization requirements imposed upon a counterparty or guarantor in the event of a rating agency downgrade; and (6) The long-term implications associated with entering into those agreements, such as: (A) Costs of borrowing; (B) Historical trends; (C) Any potential impact on the future ability to redeem bonds, including opportunities to refund related debt obligations; or (D) Any similar consideration.

(1) The methods by which those agreements are to be solicited and procured;

(2) The standards and procedures for counterparty selection;

(3) The aspects of risk exposure associated with those agreements;

(4) The types of agreements to be entered into;

(5) The collateralization requirements imposed upon a counterparty or guarantor in the event of a rating agency downgrade; and

(6) The long-term implications associated with entering into those agreements, such as: (A) Costs of borrowing; (B) Historical trends; (C) Any potential impact on the future ability to redeem bonds, including opportunities to refund related debt obligations; or (D) Any similar consideration.

(A) Costs of borrowing;

(B) Historical trends;

(C) Any potential impact on the future ability to redeem bonds, including opportunities to refund related debt obligations; or

(D) Any similar consideration.

(d) The authority may amend the guidelines for an interest rate exchange agreement or similar agreement or contract and shall make the guidelines available for public inspection at the offices of the authority.

(e) Pursuant to the authority's reporting requirement under § 15-5-212 , the authority shall disclose to the Governor and to the Legislative Council each interest rate exchange agreement or similar agreement or contract to which the authority is a party.

Acts 2003, No. 494, § 4.
Ark. Code Ann. § 15-14-108 — AR Code / Title 15 / Chapter 14 / Section 15-14-108
Rules
Status: in_force

The Arkansas Association of Development Organizations, Inc., after having received input from the Department of Parks, Heritage, and Tourism and the Arkansas Economic Development Commission, shall promulgate rules to implement this chapter. Amended by Act 2019, No. 315,§ 1109, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5664, eff. 7/1/2019. Acts 2007, No. 808, § 1; 2011, No. 1048, § 7.

The Arkansas Association of Development Organizations, Inc., after having received input from the Department of Parks, Heritage, and Tourism and the Arkansas Economic Development Commission, shall promulgate rules to implement this chapter.

Amended by Act 2019, No. 315,§ 1109, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5664, eff. 7/1/2019.

Acts 2007, No. 808, § 1; 2011, No. 1048, § 7.
Ark. Code Ann. § 15-6-103 — AR Code / Title 15 / Chapter 6 / Section 15-6-103
Definitions
Status: in_force

As used in this chapter: (1) "Federal agency" means any department, office, council, or agency of the United States Government or any public benefit corporation or authority authorized by federal statute; (2) "Governing body" means: (A) The city council or board of directors for a city of the first class or a city of the second class; (B) The town council for an incorporated town; or (C) The quorum court for a county; (3) "Local governmental units" or "local agency" means a city of the first class or a city of the second class, an incorporated town, or a county or an office or department thereof; (4) "Municipality" means any city of the first class, city of the second class, or incorporated town established under the laws of the State of Arkansas; (5) "Political subdivision" means a county, municipality, and any other unit of local government, including a school district and an improvement district, authorized by law to perform governmental functions; (6) "Rural area" or "rural community" means all the territory of the State of Arkansas that is not within the outer boundary of any city or town having a population of twenty thousand (20,000) or more according to the latest federal decennial census or within the city's or town's neighboring urbanized areas; (7) "Rural development and revitalization" means those policies, programs, laws, regulations, rules, or other matters having to do with rural areas, including, but not limited to, economic development, employment, local government services and management, business, agriculture, environment, land use and natural resources, human services and community life, health care, education, transportation, community facilities, and housing; (8) "State" means the State of Arkansas; (9) "State agency" means any department, board, commission, office, or agency of the State of Arkansas; and (10) "Urbanized area" means the areas of dense settlement and suburbanization contiguous to the central city of a metropolitan area. Amended by Act 2019, No. 315,§ 1092, eff. 7/24/2019. Amended by Act 2015EX1, No. 8,§ 125, eff. 7/1/2015. Repealed by Act 2015EX1, No. 7,§ 125, eff. 7/1/2015. Acts 1991, No. 302, § 3; 1999, No. 935, § 2.

As used in this chapter:

(1) "Federal agency" means any department, office, council, or agency of the United States Government or any public benefit corporation or authority authorized by federal statute;

(2) "Governing body" means: (A) The city council or board of directors for a city of the first class or a city of the second class; (B) The town council for an incorporated town; or (C) The quorum court for a county;

(A) The city council or board of directors for a city of the first class or a city of the second class;

(B) The town council for an incorporated town; or

(C) The quorum court for a county;

(3) "Local governmental units" or "local agency" means a city of the first class or a city of the second class, an incorporated town, or a county or an office or department thereof;

(4) "Municipality" means any city of the first class, city of the second class, or incorporated town established under the laws of the State of Arkansas;

(5) "Political subdivision" means a county, municipality, and any other unit of local government, including a school district and an improvement district, authorized by law to perform governmental functions;

(6) "Rural area" or "rural community" means all the territory of the State of Arkansas that is not within the outer boundary of any city or town having a population of twenty thousand (20,000) or more according to the latest federal decennial census or within the city's or town's neighboring urbanized areas;

(7) "Rural development and revitalization" means those policies, programs, laws, regulations, rules, or other matters having to do with rural areas, including, but not limited to, economic development, employment, local government services and management, business, agriculture, environment, land use and natural resources, human services and community life, health care, education, transportation, community facilities, and housing;

(8) "State" means the State of Arkansas;

(9) "State agency" means any department, board, commission, office, or agency of the State of Arkansas; and

(10) "Urbanized area" means the areas of dense settlement and suburbanization contiguous to the central city of a metropolitan area.

Amended by Act 2019, No. 315,§ 1092, eff. 7/24/2019.

Amended by Act 2015EX1, No. 8,§ 125, eff. 7/1/2015.

Repealed by Act 2015EX1, No. 7,§ 125, eff. 7/1/2015.

Acts 1991, No. 302, § 3; 1999, No. 935, § 2.
Ark. Code Ann. § 15-5-209 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-209
Disposition and use of funds
Status: in_force

(a) All revenues received by the Arkansas Development Finance Authority, except revenues derived from appropriations, are specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 . (b) The authority is authorized and empowered to use the proceeds of any bond issues, together with any other available funds, for the making of loans, purchasing mortgages, security interests in loan participations as herein authorized and paying all incidental expenses in connection therewith, paying expenses of authorizing and issuing the bonds, paying interest on the bonds until revenues thereof are available in sufficient amounts, and funding such reserves as the authority deems necessary and desirable. (c) All moneys received by the authority, other than moneys received by virtue of an appropriation, are specifically declared to be cash funds restricted in their use and to be used solely as provided herein. (d) No moneys of the authority other than moneys received by appropriation shall be deposited into the State Treasury. (e) No part of the funds of the authority shall inure to the benefit of or be distributed to its employees or officers or the Board of Directors of the Arkansas Development Finance Authority, except that the authority shall be authorized and empowered to pay its employees reasonable compensation. (f) The revenues pledged to any bonds of the authority shall not be deposited into the State Treasury but when received shall be deposited by the authority into an account or accounts in a depository or depositories specified by resolution of the authority and used by the authority solely for the purpose of carrying out the provisions of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 and in conformity with the provisions of any resolution or any indenture securing bonds of the authority or other agreement entered into by the authority pursuant to the provisions of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 . (g) Any revenues at any time held by the authority in excess of the amount necessary to accomplish the purposes of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 and to comply with all covenants and agreements of the authority relating thereto may by resolution of the board be declared to be surplus moneys and may be designated for deposit to such other fund or funds as the General Assembly may deem appropriate. (h) The authority may create and establish one (1) or more special funds or accounts as appropriate to secure bonds issued under this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 , as determined by the authority. Amended by Act 2015, No. 1060,§ 7, eff. 4/4/2015. Acts 1985, No. 1062, §§ 4.00, 6.00, 13.00, 14.00; 1986 (2nd Ex. Sess.), No. 18, § 2; A.S.A. 1947, §§ 13-2904, 13-2906, 13-2913, 13-2914.

(a) All revenues received by the Arkansas Development Finance Authority, except revenues derived from appropriations, are specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 .

(b) The authority is authorized and empowered to use the proceeds of any bond issues, together with any other available funds, for the making of loans, purchasing mortgages, security interests in loan participations as herein authorized and paying all incidental expenses in connection therewith, paying expenses of authorizing and issuing the bonds, paying interest on the bonds until revenues thereof are available in sufficient amounts, and funding such reserves as the authority deems necessary and desirable.

(c) All moneys received by the authority, other than moneys received by virtue of an appropriation, are specifically declared to be cash funds restricted in their use and to be used solely as provided herein.

(d) No moneys of the authority other than moneys received by appropriation shall be deposited into the State Treasury.

(e) No part of the funds of the authority shall inure to the benefit of or be distributed to its employees or officers or the Board of Directors of the Arkansas Development Finance Authority, except that the authority shall be authorized and empowered to pay its employees reasonable compensation.

(f) The revenues pledged to any bonds of the authority shall not be deposited into the State Treasury but when received shall be deposited by the authority into an account or accounts in a depository or depositories specified by resolution of the authority and used by the authority solely for the purpose of carrying out the provisions of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 and in conformity with the provisions of any resolution or any indenture securing bonds of the authority or other agreement entered into by the authority pursuant to the provisions of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 .

(g) Any revenues at any time held by the authority in excess of the amount necessary to accomplish the purposes of this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 and to comply with all covenants and agreements of the authority relating thereto may by resolution of the board be declared to be surplus moneys and may be designated for deposit to such other fund or funds as the General Assembly may deem appropriate.

(h) The authority may create and establish one (1) or more special funds or accounts as appropriate to secure bonds issued under this subchapter and §§ 15-5-101 - 15-5-106 and 15-5-301 - 15-5-316 , as determined by the authority.

Amended by Act 2015, No. 1060,§ 7, eff. 4/4/2015.

Acts 1985, No. 1062, §§ 4.00, 6.00, 13.00, 14.00; 1986 (2nd Ex. Sess.), No. 18, § 2; A.S.A. 1947, §§ 13-2904, 13-2906, 13-2913, 13-2914.
Ark. Code Ann. § 15-4-212 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-212
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1955, No. 404, § 12; A.S.A. 1947, § 9-515; Acts 1997, No. 250, § 96; 1997, No. 540, §§ 67, 68.

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

Acts 1955, No. 404, § 12; A.S.A. 1947, § 9-515; Acts 1997, No. 250, § 96; 1997, No. 540, §§ 67, 68.
Ark. Code Ann. § 15-20-1308 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1308
Sale of bonds
Status: in_force

(a) The bonds may be sold: (1) Either at public or private sale in a manner and upon such terms as the Arkansas Natural Resources Commission determines to be reasonable and expedient for the purposes for which the commission was created; and (2) At the price the commission determines acceptable, including sale at a discount. (b) The commission may employ administrative agents, fiscal agents, underwriters, architects, accountants, engineers, and legal counsel and may pay them reasonable compensation from the proceeds of the bonds. (c) The fees of any trustee or paying agent as well as the costs of publication of notices and of printing of the bonds, official statements, and other documents relating to the sale of the bonds, the fees of any rating agency, and other reasonable costs of issuing and selling the bonds incurred by the commission may be paid from the proceeds of the bonds. Acts 2007, No. 631, § 1.

(a) The bonds may be sold: (1) Either at public or private sale in a manner and upon such terms as the Arkansas Natural Resources Commission determines to be reasonable and expedient for the purposes for which the commission was created; and (2) At the price the commission determines acceptable, including sale at a discount.

(1) Either at public or private sale in a manner and upon such terms as the Arkansas Natural Resources Commission determines to be reasonable and expedient for the purposes for which the commission was created; and

(2) At the price the commission determines acceptable, including sale at a discount.

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

(c) The fees of any trustee or paying agent as well as the costs of publication of notices and of printing of the bonds, official statements, and other documents relating to the sale of the bonds, the fees of any rating agency, and other reasonable costs of issuing and selling the bonds incurred by the commission may be paid from the proceeds of the bonds.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-14-107 — AR Code / Title 15 / Chapter 14 / Section 15-14-107
Arkansas Retirement Community Program Fund Account
Status: in_force

The Arkansas Retirement Community Program Fund Account is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall be funded by the fees collected under § 15-14-104 . All moneys collected under the account shall be deposited into the State Treasury to the credit of the account as special revenues. Moneys in the account may be appropriated to the Arkansas Institute for Economic Advancement of the University of Arkansas at Little Rock only for the purposes of this chapter, including the payment of administrative and personnel costs of the Arkansas Association of Development Organizations connected with administering the Arkansas Retirement Community Program. Acts 2007, No. 808, § 1; 2011, No. 1048, § 6.

The Arkansas Retirement Community Program Fund Account is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State and shall be funded by the fees collected under § 15-14-104 . All moneys collected under the account shall be deposited into the State Treasury to the credit of the account as special revenues. Moneys in the account may be appropriated to the Arkansas Institute for Economic Advancement of the University of Arkansas at Little Rock only for the purposes of this chapter, including the payment of administrative and personnel costs of the Arkansas Association of Development Organizations connected with administering the Arkansas Retirement Community Program.

Acts 2007, No. 808, § 1; 2011, No. 1048, § 6.
Ark. Code Ann. § 15-20-1206 — AR Code / Title 15 / Chapter 20 / Subchapter 12 / Section 15-20-1206
Source of program money
Status: in_force

The Arkansas Water Development Fund may be used to finance cost share under this subchapter. Acts 2007, No. 532, § 1.

The Arkansas Water Development Fund may be used to finance cost share under this subchapter.

Acts 2007, No. 532, § 1.
Ark. Code Ann. § 15-32-405 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-405
Recording of marks
Status: in_force

Any owner of logs or timber in this state may use thereon any mark not before recorded and used by any other person, but he or she shall leave the mark with the county timber inspector or his or her deputy county timber inspector. The mark shall be recorded in the office of county timber inspector, and the county timber inspector's books shall be at all times open for the inspection of all persons. Acts 1883, No. 83, § 15, p. 140; C. & M. Dig., § 6995; Pope's Dig., § 8975; A.S.A. 1947, § 54-306.

Any owner of logs or timber in this state may use thereon any mark not before recorded and used by any other person, but he or she shall leave the mark with the county timber inspector or his or her deputy county timber inspector. The mark shall be recorded in the office of county timber inspector, and the county timber inspector's books shall be at all times open for the inspection of all persons.

Acts 1883, No. 83, § 15, p. 140; C. & M. Dig., § 6995; Pope's Dig., § 8975; A.S.A. 1947, § 54-306.
Ark. Code Ann. § 15-4-902 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-902
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 13; A.S.A. 1947, § 67-1613.

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

Acts 1957, No. 567, § 13; A.S.A. 1947, § 67-1613.
Ark. Code Ann. § 15-55-212 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-212
Deposit of moneys into State Treasury
Status: in_force

The Office of the State Geologist shall deposit all moneys received from the sale of its publications and from other sources into the State Treasury to the credit of the fund from which the office is operated, unless provisions shall have otherwise been made by law. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Acts 1963, No. 16, § 14; A.S.A. 1947, § 9-400.13.

The Office of the State Geologist shall deposit all moneys received from the sale of its publications and from other sources into the State Treasury to the credit of the fund from which the office is operated, unless provisions shall have otherwise been made by law.

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

Acts 1963, No. 16, § 14; A.S.A. 1947, § 9-400.13.
Ark. Code Ann. § 15-5-903 — AR Code / Title 15 / Chapter 5 / Subchapter 9 / Section 15-5-903
Fund - Grants - Deposits - Cash funds
Status: in_force

(a) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority as agent for the commission are authorized to accept grants for the use of the Construction Assistance Revolving Loan Fund from any state or federal agencies, municipalities, corporations, foundations, individual donors, or authorities, specifically including without limitation appropriations from the State Treasury as heretofore or hereafter provided. (b) All moneys received by the commission or the authority under and pursuant to the provisions of this subchapter shall be deposited as and when received into the fund except as otherwise specifically provided by federal or state law. (c) (1) Except for moneys hereafter deposited into or paid to the commission or the authority for deposit into the State Grants Account, all moneys now or hereafter received for, deposited into, or paid to the commission or the authority for deposit into the fund are specifically declared to be cash funds restricted in their use and which shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions but shall be held and applied by the commission or the authority as agent for the commission solely for the uses set forth in this subchapter. (2) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness issued by local governmental entities, or the making of loans with moneys in the fund, including in each case moneys in the State Grants Account, are declared to be cash funds restricted in their use and shall not be deposited into the State Treasury but shall be held and applied by the commission or the authority solely for the uses set forth in this subchapter. Acts 1991, No. 718, § 1; 2003, No. 548, § 2; 2009, No. 458, § 3.

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

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

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

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

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

Acts 1991, No. 718, § 1; 2003, No. 548, § 2; 2009, No. 458, § 3.
Ark. Code Ann. § 15-4-923 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-923
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 18; 1985, No. 667, § 5; A.S.A. 1947, § 67-1618.

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

Acts 1957, No. 567, § 18; 1985, No. 667, § 5; A.S.A. 1947, § 67-1618.
Ark. Code Ann. § 15-20-314 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-314
Changes in property interests as result of dedication
Status: in_force

(a) Interests in land created by dedication shall be perpetual and may not be altered, changed, or modified unless the Arkansas Natural Heritage Commission shall find, after public notice and hearing, that: (1) The particular change, alteration, or modification is required by imperative public necessity; (2) There is no feasible and prudent alternative thereto; and (3) All possible planning has been done to minimize harm caused to the system thereby. (b) At least thirty (30) days' written notice of any such hearing shall be given to: (1) The Governor; (2) Each official advisor to the commission; (3) Each member of the General Assembly; and (4) Each person, organization, or entity that shall have requested notice. (c) Any finding made by the commission as a result of such a hearing shall be subject to judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (d) No such alteration, change, or modification in any interest created by dedication shall become effective until the next regular session of the General Assembly following the fulfillment of this section shall have adjourned sine die. Acts 1973, No. 112, § 13; A.S.A. 1947, § 9-1413.

(a) Interests in land created by dedication shall be perpetual and may not be altered, changed, or modified unless the Arkansas Natural Heritage Commission shall find, after public notice and hearing, that: (1) The particular change, alteration, or modification is required by imperative public necessity; (2) There is no feasible and prudent alternative thereto; and (3) All possible planning has been done to minimize harm caused to the system thereby.

(1) The particular change, alteration, or modification is required by imperative public necessity;

(2) There is no feasible and prudent alternative thereto; and

(3) All possible planning has been done to minimize harm caused to the system thereby.

(b) At least thirty (30) days' written notice of any such hearing shall be given to: (1) The Governor; (2) Each official advisor to the commission; (3) Each member of the General Assembly; and (4) Each person, organization, or entity that shall have requested notice.

(1) The Governor;

(2) Each official advisor to the commission;

(3) Each member of the General Assembly; and

(4) Each person, organization, or entity that shall have requested notice.

(c) Any finding made by the commission as a result of such a hearing shall be subject to judicial review under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(d) No such alteration, change, or modification in any interest created by dedication shall become effective until the next regular session of the General Assembly following the fulfillment of this section shall have adjourned sine die.

Acts 1973, No. 112, § 13; A.S.A. 1947, § 9-1413.
Ark. Code Ann. § 15-5-212 — AR Code / Title 15 / Chapter 5 / Subchapter 2 / Section 15-5-212
Approval of Legislative Council for certain matters
Status: in_force

(a) The Arkansas Development Finance Authority or the Secretary of the Department of Commerce on behalf of the authority shall not employ or select any investment banker, consultant, professional financial advisor, or attorney unless the selection criteria to be used in the selection have been submitted to the Legislative Council for review. (b) (1) As soon as practicable after closing any new bond issue, the authority shall submit a program fact sheet for the new bond issue to the Legislative Council for its review. The program fact sheet shall include, but not be limited to, the fees, interest rates, average coupon life of the securities, and gross spread for the new bond issue. (2) A copy of each program fact sheet shall be submitted to Arkansas Legislative Audit at the same time that the program fact sheet is submitted to the Legislative Council. Amended by Act 2019, No. 910,§ 440, eff. 7/1/2019. Acts 1989 (1st Ex. Sess.), No. 36, § 11; 2005, No. 683, § 1.

(a) The Arkansas Development Finance Authority or the Secretary of the Department of Commerce on behalf of the authority shall not employ or select any investment banker, consultant, professional financial advisor, or attorney unless the selection criteria to be used in the selection have been submitted to the Legislative Council for review.

(b) (1) As soon as practicable after closing any new bond issue, the authority shall submit a program fact sheet for the new bond issue to the Legislative Council for its review. The program fact sheet shall include, but not be limited to, the fees, interest rates, average coupon life of the securities, and gross spread for the new bond issue. (2) A copy of each program fact sheet shall be submitted to Arkansas Legislative Audit at the same time that the program fact sheet is submitted to the Legislative Council.

(1) As soon as practicable after closing any new bond issue, the authority shall submit a program fact sheet for the new bond issue to the Legislative Council for its review. The program fact sheet shall include, but not be limited to, the fees, interest rates, average coupon life of the securities, and gross spread for the new bond issue.

(2) A copy of each program fact sheet shall be submitted to Arkansas Legislative Audit at the same time that the program fact sheet is submitted to the Legislative Council.

Amended by Act 2019, No. 910,§ 440, eff. 7/1/2019.

Acts 1989 (1st Ex. Sess.), No. 36, § 11; 2005, No. 683, § 1.
Ark. Code Ann. § 15-72-203 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-203
Prerequisite to exploring or drilling - Notice to surface owner - Definition
Status: in_force

(a) Before entering upon a site for the purpose of exploration or for oil or gas drilling, except in instances where there are nonresident surface owners, nonresident surface tenants, unknown heirs, imperfect titles, or surface owners or surface tenants whose whereabouts cannot be ascertained with reasonable diligence, the operator shall give to the surface owner written notice of his or her intent of exploration or undertaking drilling operations on premises owned by the surface owner. The notice shall contain the proposed location and the approximate date that the operator proposes to commence exploration or drilling operations. (b) The notice shall be given in writing by certified United States mail, or personally, to the surface owner at the address of the surface owner as is reflected in the records of the tax collector of the county in which the lands are located. (c) (1) (A) As used in this subsection, "shale operations" means drilling activities relating to the production of gas and other petroleum hydrocarbons directed at an unconventional shale gas formation in a county listed in Oil and Gas Commission General Rule B-43(c) or (d) if entry upon the surface owner's surface estate is required and the drilling activities are conducted on or after August 16, 2013. (B) "Shale operations" does not include: (i) The periodic inspection, maintenance, or repair of completion activities; (ii) Preparatory activities such as inspection, surveying, or staking; or (iii) Drilling additional wells, redrilling, or recompletion operations on an existing drilling pad if the operator does not expand the existing pad. (2) The Oil and Gas Commission shall promulgate rules and orders consistent with this section to require an operator intending to conduct shale operations to provide a single enhanced written notice as described in subdivision (c)(3) of this section in lieu of the written notice required under subsection (a) of this section. (3) The rules and orders of the commission shall require the enhanced written notice to: (A) Describe: (i) The proposed shale operations; and (ii) The location of the proposed well and the pad location, including the section, township, range, and plat of the pad location, if available; (B) Be given to the surface owner at least fourteen (14) days before the operator proposes to begin shale operations on the surface owner's property; (C) Contain a statement that the operator has a pending or approved drilling permit for the proposed shale operations on the surface owner's property and that the permit shall be available for inspection by the surface owner on request by the surface owner; (D) Contain the name, address, telephone number, fax number, and electronic mailing address of the operator or the operator's agent; and (E) Be sent by certified United States mail or delivered personally to the surface owner at the address of the surface owner stated in the public records of the county collector of the county in which the surface owner's property is located. (4) After written notice of the operator's intent to begin shale operations is given under this subsection, an operator is not required to give any other notice to begin, conduct, or complete shale operations on the surface owner's property. (5) Written notice under this subsection is: (A) Presumed delivered three (3) days after mailing by certified mail; (B) Effective immediately upon hand delivery; (C) Not required for emergency situations in which the shale operations are required to protect the public health and safety or the environment; and (D) Not required if a surface owner has a contractual relationship with an operator that specifies when or how the operator shall give notice regarding the beginning of shale operations. (6) After receipt of a written notice of the operator's intent to begin shale operations under this subsection, the surface owner shall not make alterations to a proposed drilling location to interfere with the shale operations for which the surface owner received the notice. (d) This section does not supersede, modify, or supplant the notice provisions of General Rule B-42 of the commission. Amended by Act 2019, No. 315,§ 1244, eff. 7/24/2019. Amended by Act 2013, No. 1299,§ 2, eff. 8/16/2013. Acts 1983, No. 902, § 2; A.S.A. 1947, § 53-217.

(a) Before entering upon a site for the purpose of exploration or for oil or gas drilling, except in instances where there are nonresident surface owners, nonresident surface tenants, unknown heirs, imperfect titles, or surface owners or surface tenants whose whereabouts cannot be ascertained with reasonable diligence, the operator shall give to the surface owner written notice of his or her intent of exploration or undertaking drilling operations on premises owned by the surface owner. The notice shall contain the proposed location and the approximate date that the operator proposes to commence exploration or drilling operations.

(b) The notice shall be given in writing by certified United States mail, or personally, to the surface owner at the address of the surface owner as is reflected in the records of the tax collector of the county in which the lands are located.

(c) (1) (A) As used in this subsection, "shale operations" means drilling activities relating to the production of gas and other petroleum hydrocarbons directed at an unconventional shale gas formation in a county listed in Oil and Gas Commission General Rule B-43(c) or (d) if entry upon the surface owner's surface estate is required and the drilling activities are conducted on or after August 16, 2013. (B) "Shale operations" does not include: (i) The periodic inspection, maintenance, or repair of completion activities; (ii) Preparatory activities such as inspection, surveying, or staking; or (iii) Drilling additional wells, redrilling, or recompletion operations on an existing drilling pad if the operator does not expand the existing pad. (2) The Oil and Gas Commission shall promulgate rules and orders consistent with this section to require an operator intending to conduct shale operations to provide a single enhanced written notice as described in subdivision (c)(3) of this section in lieu of the written notice required under subsection (a) of this section. (3) The rules and orders of the commission shall require the enhanced written notice to: (A) Describe: (i) The proposed shale operations; and (ii) The location of the proposed well and the pad location, including the section, township, range, and plat of the pad location, if available; (B) Be given to the surface owner at least fourteen (14) days before the operator proposes to begin shale operations on the surface owner's property; (C) Contain a statement that the operator has a pending or approved drilling permit for the proposed shale operations on the surface owner's property and that the permit shall be available for inspection by the surface owner on request by the surface owner; (D) Contain the name, address, telephone number, fax number, and electronic mailing address of the operator or the operator's agent; and (E) Be sent by certified United States mail or delivered personally to the surface owner at the address of the surface owner stated in the public records of the county collector of the county in which the surface owner's property is located. (4) After written notice of the operator's intent to begin shale operations is given under this subsection, an operator is not required to give any other notice to begin, conduct, or complete shale operations on the surface owner's property. (5) Written notice under this subsection is: (A) Presumed delivered three (3) days after mailing by certified mail; (B) Effective immediately upon hand delivery; (C) Not required for emergency situations in which the shale operations are required to protect the public health and safety or the environment; and (D) Not required if a surface owner has a contractual relationship with an operator that specifies when or how the operator shall give notice regarding the beginning of shale operations. (6) After receipt of a written notice of the operator's intent to begin shale operations under this subsection, the surface owner shall not make alterations to a proposed drilling location to interfere with the shale operations for which the surface owner received the notice.

(1) (A) As used in this subsection, "shale operations" means drilling activities relating to the production of gas and other petroleum hydrocarbons directed at an unconventional shale gas formation in a county listed in Oil and Gas Commission General Rule B-43(c) or (d) if entry upon the surface owner's surface estate is required and the drilling activities are conducted on or after August 16, 2013. (B) "Shale operations" does not include: (i) The periodic inspection, maintenance, or repair of completion activities; (ii) Preparatory activities such as inspection, surveying, or staking; or (iii) Drilling additional wells, redrilling, or recompletion operations on an existing drilling pad if the operator does not expand the existing pad.

(A) As used in this subsection, "shale operations" means drilling activities relating to the production of gas and other petroleum hydrocarbons directed at an unconventional shale gas formation in a county listed in Oil and Gas Commission General Rule B-43(c) or (d) if entry upon the surface owner's surface estate is required and the drilling activities are conducted on or after August 16, 2013.

(B) "Shale operations" does not include: (i) The periodic inspection, maintenance, or repair of completion activities; (ii) Preparatory activities such as inspection, surveying, or staking; or (iii) Drilling additional wells, redrilling, or recompletion operations on an existing drilling pad if the operator does not expand the existing pad.

(i) The periodic inspection, maintenance, or repair of completion activities;

(ii) Preparatory activities such as inspection, surveying, or staking; or

(iii) Drilling additional wells, redrilling, or recompletion operations on an existing drilling pad if the operator does not expand the existing pad.

(2) The Oil and Gas Commission shall promulgate rules and orders consistent with this section to require an operator intending to conduct shale operations to provide a single enhanced written notice as described in subdivision (c)(3) of this section in lieu of the written notice required under subsection (a) of this section.

(3) The rules and orders of the commission shall require the enhanced written notice to: (A) Describe: (i) The proposed shale operations; and (ii) The location of the proposed well and the pad location, including the section, township, range, and plat of the pad location, if available; (B) Be given to the surface owner at least fourteen (14) days before the operator proposes to begin shale operations on the surface owner's property; (C) Contain a statement that the operator has a pending or approved drilling permit for the proposed shale operations on the surface owner's property and that the permit shall be available for inspection by the surface owner on request by the surface owner; (D) Contain the name, address, telephone number, fax number, and electronic mailing address of the operator or the operator's agent; and (E) Be sent by certified United States mail or delivered personally to the surface owner at the address of the surface owner stated in the public records of the county collector of the county in which the surface owner's property is located.

(A) Describe: (i) The proposed shale operations; and (ii) The location of the proposed well and the pad location, including the section, township, range, and plat of the pad location, if available;

(i) The proposed shale operations; and

(ii) The location of the proposed well and the pad location, including the section, township, range, and plat of the pad location, if available;

(B) Be given to the surface owner at least fourteen (14) days before the operator proposes to begin shale operations on the surface owner's property;

(C) Contain a statement that the operator has a pending or approved drilling permit for the proposed shale operations on the surface owner's property and that the permit shall be available for inspection by the surface owner on request by the surface owner;

(D) Contain the name, address, telephone number, fax number, and electronic mailing address of the operator or the operator's agent; and

(E) Be sent by certified United States mail or delivered personally to the surface owner at the address of the surface owner stated in the public records of the county collector of the county in which the surface owner's property is located.

(4) After written notice of the operator's intent to begin shale operations is given under this subsection, an operator is not required to give any other notice to begin, conduct, or complete shale operations on the surface owner's property.

(5) Written notice under this subsection is: (A) Presumed delivered three (3) days after mailing by certified mail; (B) Effective immediately upon hand delivery; (C) Not required for emergency situations in which the shale operations are required to protect the public health and safety or the environment; and (D) Not required if a surface owner has a contractual relationship with an operator that specifies when or how the operator shall give notice regarding the beginning of shale operations.

(A) Presumed delivered three (3) days after mailing by certified mail;

(B) Effective immediately upon hand delivery;

(C) Not required for emergency situations in which the shale operations are required to protect the public health and safety or the environment; and

(D) Not required if a surface owner has a contractual relationship with an operator that specifies when or how the operator shall give notice regarding the beginning of shale operations.

(6) After receipt of a written notice of the operator's intent to begin shale operations under this subsection, the surface owner shall not make alterations to a proposed drilling location to interfere with the shale operations for which the surface owner received the notice.

(d) This section does not supersede, modify, or supplant the notice provisions of General Rule B-42 of the commission.

Amended by Act 2019, No. 315,§ 1244, eff. 7/24/2019.

Amended by Act 2013, No. 1299,§ 2, eff. 8/16/2013.

Acts 1983, No. 902, § 2; A.S.A. 1947, § 53-217.
Ark. Code Ann. § 15-4-3004 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3004
Authority to issue bonds
Status: in_force

(a) (1) The Arkansas Development Finance Authority, exercising an essential public function as the State of Arkansas's bond-issuing authority, is authorized by this subchapter to issue bonds to fund superprojects. (2) The authority shall be responsible for developing the bond financing portion of the plan required by § 15-4-3005 . (b) (1) As the lead economic development agency for the State of Arkansas, the Arkansas Economic Development Commission is authorized to utilize the superproject funding in attracting superprojects to Arkansas. (2) The commission shall: (A) Utilize economic impact and cost-benefit analysis to evaluate proposed superprojects; (B) Be responsible for developing the portion of the plan concerning the selection and funding of the superprojects; and (C) Be responsible for monitoring and reporting to the authority, the Governor, and the Legislative Council on the ongoing economic impact of the superproject and the sponsor's progress in meeting the requirement for their economic development investment. Acts 2003, No. 1751, § 4.

(a) (1) The Arkansas Development Finance Authority, exercising an essential public function as the State of Arkansas's bond-issuing authority, is authorized by this subchapter to issue bonds to fund superprojects. (2) The authority shall be responsible for developing the bond financing portion of the plan required by § 15-4-3005 .

(1) The Arkansas Development Finance Authority, exercising an essential public function as the State of Arkansas's bond-issuing authority, is authorized by this subchapter to issue bonds to fund superprojects.

(2) The authority shall be responsible for developing the bond financing portion of the plan required by § 15-4-3005 .

(b) (1) As the lead economic development agency for the State of Arkansas, the Arkansas Economic Development Commission is authorized to utilize the superproject funding in attracting superprojects to Arkansas. (2) The commission shall: (A) Utilize economic impact and cost-benefit analysis to evaluate proposed superprojects; (B) Be responsible for developing the portion of the plan concerning the selection and funding of the superprojects; and (C) Be responsible for monitoring and reporting to the authority, the Governor, and the Legislative Council on the ongoing economic impact of the superproject and the sponsor's progress in meeting the requirement for their economic development investment.

(1) As the lead economic development agency for the State of Arkansas, the Arkansas Economic Development Commission is authorized to utilize the superproject funding in attracting superprojects to Arkansas.

(2) The commission shall: (A) Utilize economic impact and cost-benefit analysis to evaluate proposed superprojects; (B) Be responsible for developing the portion of the plan concerning the selection and funding of the superprojects; and (C) Be responsible for monitoring and reporting to the authority, the Governor, and the Legislative Council on the ongoing economic impact of the superproject and the sponsor's progress in meeting the requirement for their economic development investment.

(A) Utilize economic impact and cost-benefit analysis to evaluate proposed superprojects;

(B) Be responsible for developing the portion of the plan concerning the selection and funding of the superprojects; and

(C) Be responsible for monitoring and reporting to the authority, the Governor, and the Legislative Council on the ongoing economic impact of the superproject and the sponsor's progress in meeting the requirement for their economic development investment.

Acts 2003, No. 1751, § 4.
Ark. Code Ann. § 15-57-407 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-407
Notification refiling required
Status: in_force

(a) Every five (5) years all notifications of intent to quarry and of temporarily closed quarry must be refiled with the Division of Environmental Quality by certified mail on or before the operator's anniversary date, with any modifications made necessary by changed conditions in the quarry site, such as changes in the affected acreage, majority ownership of the operator, changes in public roads and man-made structures adjacent to the quarry site, or new technology. (b) For failure to refile a notification of intent or notification of temporarily closed quarry, divisional enforcement procedures, citations, and fines will be the same as for § 15-57-405 . Amended by Act 2019, No. 910,§ 3123, eff. 7/1/2019. Acts 1997, No. 1166, § 7.

(a) Every five (5) years all notifications of intent to quarry and of temporarily closed quarry must be refiled with the Division of Environmental Quality by certified mail on or before the operator's anniversary date, with any modifications made necessary by changed conditions in the quarry site, such as changes in the affected acreage, majority ownership of the operator, changes in public roads and man-made structures adjacent to the quarry site, or new technology.

(b) For failure to refile a notification of intent or notification of temporarily closed quarry, divisional enforcement procedures, citations, and fines will be the same as for § 15-57-405 .

Amended by Act 2019, No. 910,§ 3123, eff. 7/1/2019.

Acts 1997, No. 1166, § 7.
Ark. Code Ann. § 15-4-3701 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Workforce Innovation and Opportunity Act". Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

This subchapter shall be known and may be cited as the "Arkansas Workforce Innovation and Opportunity Act".

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-3-123 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-123
Annual report
Status: in_force

Unless and until otherwise provided, the Arkansas Economic Development Commission shall make an annual report to the Governor and to both houses of the General Assembly setting forth in detail the operations and transactions conducted by it pursuant to this subchapter and any other legislation thereafter provided. 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.

Unless and until otherwise provided, the Arkansas Economic Development Commission shall make an annual report to the Governor and to both houses of the General Assembly setting forth in detail the operations and transactions conducted by it pursuant to this subchapter and any other legislation thereafter provided.

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. § 15-5-710 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-710
Liability of authority's members and staff
Status: in_force

No provision of §§ 15-5-708 and 15-5-709 shall be interpreted to create any private right against any member of the Arkansas Development Finance Authority or any member of the staff thereof. Acts 1989, No. 623, § 7.

No provision of §§ 15-5-708 and 15-5-709 shall be interpreted to create any private right against any member of the Arkansas Development Finance Authority or any member of the staff thereof.

Acts 1989, No. 623, § 7.
Ark. Code Ann. § 15-73-407 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-407
Procedure - Evidence authorizing lease
Status: in_force

Insofar as § 18-60-401 et seq., relating to the partition of land, is not in conflict with this subchapter, those sections shall apply to the partition of interests in oil and gas leasehold rights on, in, and under lands. However, it shall not be necessary for the circuit court to find that the interests are not susceptible to partition in kind before it shall order the execution of any such oil and gas lease, but it shall be sufficient to justify the execution of the oil and gas lease on and covering the land that the evidence shows: (1) That it is desirable for the property to be developed as a unit for oil and gas; and (2) That the value of the interest owned by each of the parties would be more if the property were developed and operated as a unit than if divided. Acts 1935, No. 15, § 7; Pope's Dig., § 10555; A.S.A. 1947, § 53-407.

Insofar as § 18-60-401 et seq., relating to the partition of land, is not in conflict with this subchapter, those sections shall apply to the partition of interests in oil and gas leasehold rights on, in, and under lands. However, it shall not be necessary for the circuit court to find that the interests are not susceptible to partition in kind before it shall order the execution of any such oil and gas lease, but it shall be sufficient to justify the execution of the oil and gas lease on and covering the land that the evidence shows:

(1) That it is desirable for the property to be developed as a unit for oil and gas; and

(2) That the value of the interest owned by each of the parties would be more if the property were developed and operated as a unit than if divided.

Acts 1935, No. 15, § 7; Pope's Dig., § 10555; A.S.A. 1947, § 53-407.
Ark. Code Ann. § 15-74-406 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-406
Penalty for removing or altering placards
Status: in_force

The removing, altering, disfiguring, or defacing of any placard or any part thereof shall be treated as a misdemeanor. Any person, firm, or corporation guilty of that misdemeanor shall be fined in a sum not more than five hundred dollars ($500) nor less than fifty dollars ($50.00). Acts 1933, No. 134, § 3; Pope's Dig., § 10450; A.S.A. 1947, § 53-603.

The removing, altering, disfiguring, or defacing of any placard or any part thereof shall be treated as a misdemeanor. Any person, firm, or corporation guilty of that misdemeanor shall be fined in a sum not more than five hundred dollars ($500) nor less than fifty dollars ($50.00).

Acts 1933, No. 134, § 3; Pope's Dig., § 10450; A.S.A. 1947, § 53-603.
Ark. Code Ann. § 15-22-1110 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1110
Withholding general revenue turnback
Status: in_force

(a) Should any city, town, county, or political subdivision receiving general revenue turnback funds as defined in the Revenue Stabilization Law, § 19-5-101 et seq., fail, neglect, or refuse to pay any installment of principal, interest, or financing fee for a period of more than ninety (90) days past the due date in accordance with the written instrument for the repayment of its bonds, notes, or other evidences of indebtedness purchased with moneys in the Drinking Water State Revolving Loan Fund Account, the Arkansas Natural Resources Commission after notification to the city, town, county, or political subdivision may certify to the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State the name of the city, town, county, or political subdivision and the amount of deficiencies ninety (90) days or more past due. (b) Upon certification, the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State are directed to withhold from the city's, town's, county's, or other political subdivision's share of general revenue turnback as the share is defined in the Revenue Stabilization Law, § 19-5-101 et seq., the amount so certified as due and to transfer the amount to the Drinking Water State Revolving Loan Fund Account and the Drinking Water State Administrative Account as follows: (1) Amounts withheld as fees shall be transferred to the Drinking Water State Administrative Account; and (2) Amounts withheld as principal and interest shall be transferred to the Drinking Water State Revolving Loan Fund Account. Acts 1997, No. 772, § 10; 2003, No. 465, § 3; 2009, No. 457, § 11.

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

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

(1) Amounts withheld as fees shall be transferred to the Drinking Water State Administrative Account; and

(2) Amounts withheld as principal and interest shall be transferred to the Drinking Water State Revolving Loan Fund Account.

Acts 1997, No. 772, § 10; 2003, No. 465, § 3; 2009, No. 457, § 11.
Ark. Code Ann. § 15-13-205 — AR Code / Title 15 / Chapter 13 / Subchapter 2 / Section 15-13-205
Rules
Status: in_force

The Secretary of the Department of Finance and Administration shall promulgate rules to provide for the administration of this subchapter. Amended by Act 2019, No. 315,§ 1108, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3411, eff. 7/1/2019. Acts 2007, No. 699, § 1.

The Secretary of the Department of Finance and Administration shall promulgate rules to provide for the administration of this subchapter.

Amended by Act 2019, No. 315,§ 1108, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3411, eff. 7/1/2019.

Acts 2007, No. 699, § 1.
Ark. Code Ann. § 15-5-401 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-401
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Development Finance Authority Bond Guaranty Act of 1985". Acts 1985, No. 340, § 1; 1985, No. 505, § 1; A.S.A. 1947, § 13-2924.

This subchapter may be referred to and cited as the "Arkansas Development Finance Authority Bond Guaranty Act of 1985".

Acts 1985, No. 340, § 1; 1985, No. 505, § 1; A.S.A. 1947, § 13-2924.
Ark. Code Ann. § 15-5-1201 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1201
Title
Status: in_force

This subchapter may be known and may be cited as the "Petroleum Storage Tank Trust Fund Bond Financing Act". Acts 1995, No. 1054, § 1.

This subchapter may be known and may be cited as the "Petroleum Storage Tank Trust Fund Bond Financing Act".

Acts 1995, No. 1054, § 1.
Ark. Code Ann. § 15-4-609 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-609
Rules
Status: in_force

(a) The Arkansas Economic Development Council is authorized and directed to conduct such investigation as it may determine necessary for the promulgation of rules to govern the operation of the guaranty program authorized by this subchapter. (b) These rules shall include the restrictions and conditions imposed by this subchapter, including particularly those set forth in §§ 15-4-604 and 15-4-608 . The rules may include such other additional provisions, restrictions, and conditions as the council, after the investigation referred to in subsection (a) of this section, shall determine to be proper to achieve the most effective utilization of the guaranty program authorized by this subchapter. This may include, without limitation, a detailing of the remedies that must be exhausted by the bondholders or a trustee acting in their behalf prior to calling upon the council to perform under its guaranty agreement and the subrogation or other rights of the council with reference to the industrial project and its operation in the event the council makes payment pursuant to the applicable guaranty agreement. (c) In this regard, the council is expressly authorized to enter into such agreements and otherwise take such action as may be necessary to exercise the authority conferred by this subchapter or to evidence the exercise thereof. (d) The rules promulgated by the council to govern the operation of the guaranty program shall contain specific provisions with respect to the rights of the council to enter, take over, and manage the industrial development properties upon default. These rules shall set forth the respective rights of the council and the bondholders in regard thereto. (e) Such rules shall be in conformity with §§ 14-164-201 - 14-164-206 , 14-164-208 - 14-164-224 , 15-5-101 - 15-5-105 , 15-5-201 - 15-5-211 , and 15-5-301 - 15-5-316 . Amended by Act 2019, No. 315,§ 1058, eff. 7/24/2019. Acts 1967, No. 173, § 8; A.S.A. 1947, § 9-566; Acts 1987 (1st Ex. Sess.), No. 39, § 5.

(a) The Arkansas Economic Development Council is authorized and directed to conduct such investigation as it may determine necessary for the promulgation of rules to govern the operation of the guaranty program authorized by this subchapter.

(b) These rules shall include the restrictions and conditions imposed by this subchapter, including particularly those set forth in §§ 15-4-604 and 15-4-608 . The rules may include such other additional provisions, restrictions, and conditions as the council, after the investigation referred to in subsection (a) of this section, shall determine to be proper to achieve the most effective utilization of the guaranty program authorized by this subchapter. This may include, without limitation, a detailing of the remedies that must be exhausted by the bondholders or a trustee acting in their behalf prior to calling upon the council to perform under its guaranty agreement and the subrogation or other rights of the council with reference to the industrial project and its operation in the event the council makes payment pursuant to the applicable guaranty agreement.

(c) In this regard, the council is expressly authorized to enter into such agreements and otherwise take such action as may be necessary to exercise the authority conferred by this subchapter or to evidence the exercise thereof.

(d) The rules promulgated by the council to govern the operation of the guaranty program shall contain specific provisions with respect to the rights of the council to enter, take over, and manage the industrial development properties upon default. These rules shall set forth the respective rights of the council and the bondholders in regard thereto.

(e) Such rules shall be in conformity with §§ 14-164-201 - 14-164-206 , 14-164-208 - 14-164-224 , 15-5-101 - 15-5-105 , 15-5-201 - 15-5-211 , and 15-5-301 - 15-5-316 .

Amended by Act 2019, No. 315,§ 1058, eff. 7/24/2019.

Acts 1967, No. 173, § 8; A.S.A. 1947, § 9-566; Acts 1987 (1st Ex. Sess.), No. 39, § 5.
Ark. Code Ann. § 15-20-1204 — AR Code / Title 15 / Chapter 20 / Subchapter 12 / Section 15-20-1204
Application of transported litter
Status: in_force

Litter that is transported from a nutrient surplus area and then land applied shall be applied in a manner consistent with soil test recommendations. Acts 2007, No. 532, § 1.

Litter that is transported from a nutrient surplus area and then land applied shall be applied in a manner consistent with soil test recommendations.

Acts 2007, No. 532, § 1.
Ark. Code Ann. § 15-20-201 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-201
Creation
Status: in_force

There is created and established at the seat of government of this state a commission to be known as the "Arkansas Natural Resources Commission", hereinafter also referred to as the "commission". Acts 1963, No. 14, § 1; A.S.A. 1947, § 9-118; Acts 2005, No. 1243, § 3.

There is created and established at the seat of government of this state a commission to be known as the "Arkansas Natural Resources Commission", hereinafter also referred to as the "commission".

Acts 1963, No. 14, § 1; A.S.A. 1947, § 9-118; Acts 2005, No. 1243, § 3.
Ark. Code Ann. § 15-23-311 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-311
Procedure for designation of river
Status: in_force

The procedure that the Arkansas Natural Heritage Commission shall follow to submit a river to the General Assembly for designation as a component into the Arkansas Natural and Scenic Rivers System is as follows: (1) The commission shall decide, based upon the classification and evaluation system, the priority of rivers to be considered for inclusion in the system; (2) (A) Having selected a river for potential designation, the commission, with the advice of local county governments through which the river flows, shall establish an advisory committee. (B) This advisory committee shall: (i) (a) Consist of three (3) members of the commission appointed by the chair to represent the state at large and five (5) members who are residents of the river area and appointed by the local county quorum court. (b) If the river flows through more than one (1) county, four (4) members shall be appointed by each county quorum court. (c) At least three (3) of the local residents of the four (4) appointed from each county shall be riparian landowners; (ii) Assist and advise the commission concerning the planning for the management and protection of the river; (iii) Serve at the call of the commission or on call of a majority of the members of the advisory committee; and (iv) Elect a chair from among its members; (3) (A) A public hearing shall be held after the advisory committee has been appointed and a management plan has been drawn up. (B) More public hearings may be held as needed; (4) (A) The commission shall submit to the General Assembly a report showing the proposed area and classification, the characteristics which qualify the river for inclusion into the system, the general ownership and land use in the area, and the management plan approved by the commission. (B) This report shall be made available to other concerned agencies for comment; and (5) The management plan shall not be effective until enacted into law by the General Assembly. Acts 1979, No. 257, § 10; A.S.A. 1947, § 9-1210; Acts 1997, No. 1023, § 8.

The procedure that the Arkansas Natural Heritage Commission shall follow to submit a river to the General Assembly for designation as a component into the Arkansas Natural and Scenic Rivers System is as follows:

(1) The commission shall decide, based upon the classification and evaluation system, the priority of rivers to be considered for inclusion in the system;

(2) (A) Having selected a river for potential designation, the commission, with the advice of local county governments through which the river flows, shall establish an advisory committee. (B) This advisory committee shall: (i) (a) Consist of three (3) members of the commission appointed by the chair to represent the state at large and five (5) members who are residents of the river area and appointed by the local county quorum court. (b) If the river flows through more than one (1) county, four (4) members shall be appointed by each county quorum court. (c) At least three (3) of the local residents of the four (4) appointed from each county shall be riparian landowners; (ii) Assist and advise the commission concerning the planning for the management and protection of the river; (iii) Serve at the call of the commission or on call of a majority of the members of the advisory committee; and (iv) Elect a chair from among its members;

(A) Having selected a river for potential designation, the commission, with the advice of local county governments through which the river flows, shall establish an advisory committee.

(B) This advisory committee shall: (i) (a) Consist of three (3) members of the commission appointed by the chair to represent the state at large and five (5) members who are residents of the river area and appointed by the local county quorum court. (b) If the river flows through more than one (1) county, four (4) members shall be appointed by each county quorum court. (c) At least three (3) of the local residents of the four (4) appointed from each county shall be riparian landowners; (ii) Assist and advise the commission concerning the planning for the management and protection of the river; (iii) Serve at the call of the commission or on call of a majority of the members of the advisory committee; and (iv) Elect a chair from among its members;

(i) (a) Consist of three (3) members of the commission appointed by the chair to represent the state at large and five (5) members who are residents of the river area and appointed by the local county quorum court. (b) If the river flows through more than one (1) county, four (4) members shall be appointed by each county quorum court. (c) At least three (3) of the local residents of the four (4) appointed from each county shall be riparian landowners;

(a) Consist of three (3) members of the commission appointed by the chair to represent the state at large and five (5) members who are residents of the river area and appointed by the local county quorum court.

(b) If the river flows through more than one (1) county, four (4) members shall be appointed by each county quorum court.

(c) At least three (3) of the local residents of the four (4) appointed from each county shall be riparian landowners;

(ii) Assist and advise the commission concerning the planning for the management and protection of the river;

(iii) Serve at the call of the commission or on call of a majority of the members of the advisory committee; and

(iv) Elect a chair from among its members;

(3) (A) A public hearing shall be held after the advisory committee has been appointed and a management plan has been drawn up. (B) More public hearings may be held as needed;

(A) A public hearing shall be held after the advisory committee has been appointed and a management plan has been drawn up.

(B) More public hearings may be held as needed;

(4) (A) The commission shall submit to the General Assembly a report showing the proposed area and classification, the characteristics which qualify the river for inclusion into the system, the general ownership and land use in the area, and the management plan approved by the commission. (B) This report shall be made available to other concerned agencies for comment; and

(A) The commission shall submit to the General Assembly a report showing the proposed area and classification, the characteristics which qualify the river for inclusion into the system, the general ownership and land use in the area, and the management plan approved by the commission.

(B) This report shall be made available to other concerned agencies for comment; and

(5) The management plan shall not be effective until enacted into law by the General Assembly.

Acts 1979, No. 257, § 10; A.S.A. 1947, § 9-1210; Acts 1997, No. 1023, § 8.
Ark. Code Ann. § 15-23-204 — AR Code / Title 15 / Chapter 23 / Subchapter 2 / Section 15-23-204
Report
Status: in_force

The Arkansas Waterways Commission shall biennially submit to the Governor and to the General Assembly a report of its activities, findings, and recommendations for the biennial period. Acts 1967, No. 242, § 3; A.S.A. 1947, § 21-1703.

The Arkansas Waterways Commission shall biennially submit to the Governor and to the General Assembly a report of its activities, findings, and recommendations for the biennial period.

Acts 1967, No. 242, § 3; A.S.A. 1947, § 21-1703.
Ark. Code Ann. § 15-74-605 — AR Code / Title 15 / Chapter 74 / Subchapter 6 / Section 15-74-605
Sale of proportionate share of production
Status: in_force

(a) For any gas well completed as a commercially productive well subsequent to the passage of this section, the party designated as operator of the well shall sell, and the operator's first purchaser shall purchase, the gas production attributable to the interest of any party who participated in any part of the costs and expenses of the well and who: (1) Is not regularly engaged in the oil and gas business; (2) Owns no more than a five percent (5%) mineral interest in the well; (3) Is not an individual in the oil and gas industry; (4) Has made a reasonable good faith attempt to obtain a market for or contract covering its proportionate share of production from the well and can demonstrate those efforts by objective evidence, such as letters from purchasers, but has failed to obtain a market or contract; (5) Agrees to pay a proportionate share of any costs associated with the construction of a pipeline which is to be or has been constructed to facilitate the marketing of production from the well and, in addition thereto, if the costs of the pipeline have been previously invoiced, simple interest at the maximum rate provided by law on the proportionate share to be paid by a party electing under this section from the due date of the invoices; (6) Makes a written election under this section, which is received by the operator within sixty (60) days of the date of first sales of production by the operator; (7) (A) Agrees to pay to the operator a reasonable administrative and overhead charge for the initial setup of the necessary accounts and procedures and for operator's administration and oversight of monthly sales under this section. (B) However, the operator shall charge a monthly fee if a party electing under this section desires to receive monthly revenue checks or an annual fee if the party desires to receive revenues only on an annual basis; (8) Agrees to indemnify and hold harmless the operator and its first purchaser for any inadvertent error or omission which may occur in the administration hereof; and (9) Agrees to be bound by the terms and conditions of the operator's contract with its first purchaser until the contract terminates or production from the well ceases, whichever is earlier. (b) In the event that a new party should be designated as operator of the well, subsequent to any election made under this section, the proportionate share of production of any party who avails itself of the benefits of this section shall remain subject to, and be sold pursuant to, the terms and conditions of the contract of the initial operator. Acts 1987, No. 93, § 1.

(a) For any gas well completed as a commercially productive well subsequent to the passage of this section, the party designated as operator of the well shall sell, and the operator's first purchaser shall purchase, the gas production attributable to the interest of any party who participated in any part of the costs and expenses of the well and who: (1) Is not regularly engaged in the oil and gas business; (2) Owns no more than a five percent (5%) mineral interest in the well; (3) Is not an individual in the oil and gas industry; (4) Has made a reasonable good faith attempt to obtain a market for or contract covering its proportionate share of production from the well and can demonstrate those efforts by objective evidence, such as letters from purchasers, but has failed to obtain a market or contract; (5) Agrees to pay a proportionate share of any costs associated with the construction of a pipeline which is to be or has been constructed to facilitate the marketing of production from the well and, in addition thereto, if the costs of the pipeline have been previously invoiced, simple interest at the maximum rate provided by law on the proportionate share to be paid by a party electing under this section from the due date of the invoices; (6) Makes a written election under this section, which is received by the operator within sixty (60) days of the date of first sales of production by the operator; (7) (A) Agrees to pay to the operator a reasonable administrative and overhead charge for the initial setup of the necessary accounts and procedures and for operator's administration and oversight of monthly sales under this section. (B) However, the operator shall charge a monthly fee if a party electing under this section desires to receive monthly revenue checks or an annual fee if the party desires to receive revenues only on an annual basis; (8) Agrees to indemnify and hold harmless the operator and its first purchaser for any inadvertent error or omission which may occur in the administration hereof; and (9) Agrees to be bound by the terms and conditions of the operator's contract with its first purchaser until the contract terminates or production from the well ceases, whichever is earlier.

(1) Is not regularly engaged in the oil and gas business;

(2) Owns no more than a five percent (5%) mineral interest in the well;

(3) Is not an individual in the oil and gas industry;

(4) Has made a reasonable good faith attempt to obtain a market for or contract covering its proportionate share of production from the well and can demonstrate those efforts by objective evidence, such as letters from purchasers, but has failed to obtain a market or contract;

(5) Agrees to pay a proportionate share of any costs associated with the construction of a pipeline which is to be or has been constructed to facilitate the marketing of production from the well and, in addition thereto, if the costs of the pipeline have been previously invoiced, simple interest at the maximum rate provided by law on the proportionate share to be paid by a party electing under this section from the due date of the invoices;

(6) Makes a written election under this section, which is received by the operator within sixty (60) days of the date of first sales of production by the operator;

(7) (A) Agrees to pay to the operator a reasonable administrative and overhead charge for the initial setup of the necessary accounts and procedures and for operator's administration and oversight of monthly sales under this section. (B) However, the operator shall charge a monthly fee if a party electing under this section desires to receive monthly revenue checks or an annual fee if the party desires to receive revenues only on an annual basis;

(A) Agrees to pay to the operator a reasonable administrative and overhead charge for the initial setup of the necessary accounts and procedures and for operator's administration and oversight of monthly sales under this section.

(B) However, the operator shall charge a monthly fee if a party electing under this section desires to receive monthly revenue checks or an annual fee if the party desires to receive revenues only on an annual basis;

(8) Agrees to indemnify and hold harmless the operator and its first purchaser for any inadvertent error or omission which may occur in the administration hereof; and

(9) Agrees to be bound by the terms and conditions of the operator's contract with its first purchaser until the contract terminates or production from the well ceases, whichever is earlier.

(b) In the event that a new party should be designated as operator of the well, subsequent to any election made under this section, the proportionate share of production of any party who avails itself of the benefits of this section shall remain subject to, and be sold pursuant to, the terms and conditions of the contract of the initial operator.

Acts 1987, No. 93, § 1.
Ark. Code Ann. § 15-75-304 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-304
Certificates of competency - Qualifications
Status: in_force

(a) To be entitled to a certificate of competency, a person shall: (1) Have satisfactory experience in the liquefied petroleum gas business or give proof of previous on-the-job training in the liquefied petroleum gas business satisfactory to the Liquefied Petroleum Gas Board as prescribed by its rules; (2) Have not less than thirty (30) days' experience in the liquefied petroleum gas installation or transportation business; and (3) Pass a written or oral examination as prescribed by the board. (b) A new class one employee shall attend a forty-hour basic course in liquefied petroleum gas, as prescribed by the board, within the first year of his or her employment, or his or her certification certificate will be suspended until the course has been completed. (c) A class one employee who changes from one class one employer to another class one employer who has not previously had the forty-hour basic training course, as prescribed by the board, shall do so within one (1) year of the transfer date of employment or his or her certification certificate will be suspended until the course has been completed. (d) (1) The board may accept as its own a reciprocal state's transportation and delivery examination for a transport driver only if it contains substantially equivalent requirements as those required by the board. (2) Substantial uniformity shall be demonstrated by a letter from the issuing authority of the state or a copy of a current and valid card issued by the reciprocal state. (3) All applicable fees shall be paid to the board before the issuance of the certification card. Amended by Act 2019, No. 315,§ 1269, eff. 7/24/2019. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1995, No. 477, § 2; 1999, No. 224, § 1; 2007, No. 733, § 4; 2009, No. 481, § 10.

(a) To be entitled to a certificate of competency, a person shall: (1) Have satisfactory experience in the liquefied petroleum gas business or give proof of previous on-the-job training in the liquefied petroleum gas business satisfactory to the Liquefied Petroleum Gas Board as prescribed by its rules; (2) Have not less than thirty (30) days' experience in the liquefied petroleum gas installation or transportation business; and (3) Pass a written or oral examination as prescribed by the board.

(1) Have satisfactory experience in the liquefied petroleum gas business or give proof of previous on-the-job training in the liquefied petroleum gas business satisfactory to the Liquefied Petroleum Gas Board as prescribed by its rules;

(2) Have not less than thirty (30) days' experience in the liquefied petroleum gas installation or transportation business; and

(3) Pass a written or oral examination as prescribed by the board.

(b) A new class one employee shall attend a forty-hour basic course in liquefied petroleum gas, as prescribed by the board, within the first year of his or her employment, or his or her certification certificate will be suspended until the course has been completed.

(c) A class one employee who changes from one class one employer to another class one employer who has not previously had the forty-hour basic training course, as prescribed by the board, shall do so within one (1) year of the transfer date of employment or his or her certification certificate will be suspended until the course has been completed.

(d) (1) The board may accept as its own a reciprocal state's transportation and delivery examination for a transport driver only if it contains substantially equivalent requirements as those required by the board. (2) Substantial uniformity shall be demonstrated by a letter from the issuing authority of the state or a copy of a current and valid card issued by the reciprocal state. (3) All applicable fees shall be paid to the board before the issuance of the certification card.

(1) The board may accept as its own a reciprocal state's transportation and delivery examination for a transport driver only if it contains substantially equivalent requirements as those required by the board.

(2) Substantial uniformity shall be demonstrated by a letter from the issuing authority of the state or a copy of a current and valid card issued by the reciprocal state.

(3) All applicable fees shall be paid to the board before the issuance of the certification card.

Amended by Act 2019, No. 315,§ 1269, eff. 7/24/2019.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1995, No. 477, § 2; 1999, No. 224, § 1; 2007, No. 733, § 4; 2009, No. 481, § 10.
Ark. Code Ann. § 15-4-3403 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3403
Definitions
Status: in_force

As used in this subchapter: (1) "Economic development region" means a group of municipalities or counties that: (A) Includes at least two (2) counties; and (B) Has formed a regional economic development partnership; (2) "In-kind contributions" means items given to a regional economic development partnership, including without limitation donated office space, equipment, staff, and other items specifically approved by the Arkansas Economic Development Commission; and (3) "Regional economic development partnership" means an organization whose mission is to promote specific regions within the state in accordance with the intent described under § 15-4-3402 . Amended by Act 2013, No. 1112,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1112,§ 2, eff. 8/16/2013. Acts 2011, No. 895, § 1.

As used in this subchapter:

(1) "Economic development region" means a group of municipalities or counties that: (A) Includes at least two (2) counties; and (B) Has formed a regional economic development partnership;

(A) Includes at least two (2) counties; and

(B) Has formed a regional economic development partnership;

(2) "In-kind contributions" means items given to a regional economic development partnership, including without limitation donated office space, equipment, staff, and other items specifically approved by the Arkansas Economic Development Commission; and

(3) "Regional economic development partnership" means an organization whose mission is to promote specific regions within the state in accordance with the intent described under § 15-4-3402 .

Amended by Act 2013, No. 1112,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 1112,§ 2, eff. 8/16/2013.

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-21-308 — AR Code / Title 15 / Chapter 21 / Subchapter 3 / Section 15-21-308
References to system on maps and surveys
Status: in_force

The use of the term "Arkansas Coordinate System 1983" on any map, report of survey, or other document shall be limited to coordinates based on the Arkansas Coordinate System 1983 as defined in this subchapter. Acts 1991, No. 861, § 7.

The use of the term "Arkansas Coordinate System 1983" on any map, report of survey, or other document shall be limited to coordinates based on the Arkansas Coordinate System 1983 as defined in this subchapter.

Acts 1991, No. 861, § 7.
Ark. Code Ann. § 15-41-304 — AR Code / Title 15 / Chapter 41 / Subchapter 3 / Section 15-41-304
Recreational hunting
Status: in_force

(a) Subject to valid existing rights, commission-managed lands shall be open to access and use for recreational hunting except as limited by the Arkansas State Game and Fish Commission for reasons of public safety or homeland security or as otherwise limited by law. (b) (1) The commission shall exercise its authority consistent with subsection (a) of this section in a manner to support, promote, and enhance recreational hunting opportunities to the extent authorized by law. (2) The commission is not required to give preference to hunting over other uses of commission-managed lands or over land or water management priorities established by state law. (c) (1) To the greatest practicable extent, commission land management decisions and actions may not result in any net loss of land acreage available for hunting opportunities on commission-managed lands that exists on August 12, 2005. (2) This subchapter does not apply to commission-owned lands under contract to private persons or entities. (d) On or before October 1 of each year, the commission shall submit to the House and Senate cochairs of the Legislative Council a written report describing: (1) The acreage administered by the commission that has been closed during the previous year to recreational hunting and the reasons for the closures; and (2) The acreage administered by the commission that was opened to recreational hunting to compensate for the acreage that was closed during the previous year. (e) This subchapter does not compel the opening to recreational hunting of national parks or national monuments administered by the National Park Service. Acts 2005, No. 1377, § 1.

(a) Subject to valid existing rights, commission-managed lands shall be open to access and use for recreational hunting except as limited by the Arkansas State Game and Fish Commission for reasons of public safety or homeland security or as otherwise limited by law.

(b) (1) The commission shall exercise its authority consistent with subsection (a) of this section in a manner to support, promote, and enhance recreational hunting opportunities to the extent authorized by law. (2) The commission is not required to give preference to hunting over other uses of commission-managed lands or over land or water management priorities established by state law.

(1) The commission shall exercise its authority consistent with subsection (a) of this section in a manner to support, promote, and enhance recreational hunting opportunities to the extent authorized by law.

(2) The commission is not required to give preference to hunting over other uses of commission-managed lands or over land or water management priorities established by state law.

(c) (1) To the greatest practicable extent, commission land management decisions and actions may not result in any net loss of land acreage available for hunting opportunities on commission-managed lands that exists on August 12, 2005. (2) This subchapter does not apply to commission-owned lands under contract to private persons or entities.

(1) To the greatest practicable extent, commission land management decisions and actions may not result in any net loss of land acreage available for hunting opportunities on commission-managed lands that exists on August 12, 2005.

(2) This subchapter does not apply to commission-owned lands under contract to private persons or entities.

(d) On or before October 1 of each year, the commission shall submit to the House and Senate cochairs of the Legislative Council a written report describing: (1) The acreage administered by the commission that has been closed during the previous year to recreational hunting and the reasons for the closures; and (2) The acreage administered by the commission that was opened to recreational hunting to compensate for the acreage that was closed during the previous year.

(1) The acreage administered by the commission that has been closed during the previous year to recreational hunting and the reasons for the closures; and

(2) The acreage administered by the commission that was opened to recreational hunting to compensate for the acreage that was closed during the previous year.

(e) This subchapter does not compel the opening to recreational hunting of national parks or national monuments administered by the National Park Service.

Acts 2005, No. 1377, § 1.
Ark. Code Ann. § 15-4-910 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-910
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 6; A.S.A. 1947, § 67-1606.

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

Acts 1957, No. 567, § 6; A.S.A. 1947, § 67-1606.
Ark. Code Ann. § 15-22-1108 — AR Code / Title 15 / Chapter 22 / Subchapter 11 / Section 15-22-1108
Federal grants deposited into fund
Status: in_force

(a) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants to the state received by the Treasurer of State from the federal government for deposit into the Safe Drinking Water Fund are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in this subchapter. (b) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority may accept moneys for deposit into the fund from allocations from the Treasurer of State as provided in this section. Acts 1997, No. 772, § 8; 2003, No. 465, § 3; 2009, No. 457, § 9.

(a) Notwithstanding the provisions of §§ 19-6-108 and 19-6-601 , grants to the state received by the Treasurer of State from the federal government for deposit into the Safe Drinking Water Fund are declared to be cash funds restricted in their use and dedicated to be used solely as authorized in this subchapter.

(b) The Arkansas Natural Resources Commission and the Arkansas Development Finance Authority may accept moneys for deposit into the fund from allocations from the Treasurer of State as provided in this section.

Acts 1997, No. 772, § 8; 2003, No. 465, § 3; 2009, No. 457, § 9.
Ark. Code Ann. § 15-60-111 — AR Code / Title 15 / Chapter 60 / Section 15-60-111
Records to be kept by refiners and purchasers of ore
Status: in_force

It shall be the duty of every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury, to keep a record containing the following information: (1) The full name and address of the person from whom ores, concentrates, or amalgams bearing quicksilver or mercury were purchased; (2) The name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust on whose behalf the ores, concentrates, or amalgams bearing quicksilver or mercury were delivered; (3) The weight, amount, and a short description of each lot of ores, concentrates, or amalgams bearing quicksilver or mercury purchased; (4) The date of delivery, the date of purchase, and the purchase price of each lot of ores, concentrates, or amalgams bearing quicksilver or mercury; (5) The name and location of the mine or claim from which each purchased lot of ores, concentrates, or amalgams bearing quicksilver or mercury was mined or procured; (6) The name and address of the purchaser on resale, in case of resale, of ores, concentrates, or amalgams bearing quicksilver or mercury; (7) The date of delivery and the weight, amount, and a short description of each such lot of ores, concentrates, or amalgams bearing quicksilver or mercury resold, in case of a resale; and (8) The date of delivery or shipment, the weight, the amount, the sale price received, and the name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust to whom any and all distilled or refined quicksilver or mercury was sold. Acts 1943, No. 86, § 10; A.S.A. 1947, § 52-810.

It shall be the duty of every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of milling, sampling, concentrating, reducing, refining, purchasing, or receiving for sale ores, concentrates, or amalgams bearing quicksilver or mercury, to keep a record containing the following information:

(1) The full name and address of the person from whom ores, concentrates, or amalgams bearing quicksilver or mercury were purchased;

(2) The name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust on whose behalf the ores, concentrates, or amalgams bearing quicksilver or mercury were delivered;

(3) The weight, amount, and a short description of each lot of ores, concentrates, or amalgams bearing quicksilver or mercury purchased;

(4) The date of delivery, the date of purchase, and the purchase price of each lot of ores, concentrates, or amalgams bearing quicksilver or mercury;

(5) The name and location of the mine or claim from which each purchased lot of ores, concentrates, or amalgams bearing quicksilver or mercury was mined or procured;

(6) The name and address of the purchaser on resale, in case of resale, of ores, concentrates, or amalgams bearing quicksilver or mercury;

(7) The date of delivery and the weight, amount, and a short description of each such lot of ores, concentrates, or amalgams bearing quicksilver or mercury resold, in case of a resale; and

(8) The date of delivery or shipment, the weight, the amount, the sale price received, and the name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust to whom any and all distilled or refined quicksilver or mercury was sold.

Acts 1943, No. 86, § 10; A.S.A. 1947, § 52-810.
Ark. Code Ann. § 15-5-1414 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1414
Review committee
Status: in_force

The review committee shall: (1) Recommend to the trustees of the Venture Capital Investment Trust the payment of fees and expenses out of the Arkansas Venture Capital Development Fund for the operation of the fund; and (2) Approve an investment policy under this subchapter. Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.

The review committee shall:

(1) Recommend to the trustees of the Venture Capital Investment Trust the payment of fees and expenses out of the Arkansas Venture Capital Development Fund for the operation of the fund; and

(2) Approve an investment policy under this subchapter.

Added by Act 2019, No. 925,§ 5, eff. 7/24/2019.
Ark. Code Ann. § 15-4-604 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-604
When bonds may be guaranteed - Standards and rules for evaluations
Status: in_force

(a) Amortization payments on Act No. 9 bonds and ADFA bonds may be guaranteed in instances when: (1) Substantial employment is involved; (2) The total principal amount of all outstanding Act No. 9 bonds and ADFA bonds under guaranty is not in excess of one hundred million dollars ($100,000,000); (3) No one (1) issue or series of Act No. 9 bonds or ADFA bonds guaranteed under this section shall exceed five million dollars ($5,000,000) in principal amount; (4) The user of the industrial project involved is not permitted to purchase or own at any time any of such bonds; and (5) The user is found to be financially responsible and the full payment of the interest and principal amount of the bonds may reasonably be expected. (b) The Arkansas Economic Development Council shall promulgate standards and rules for the evaluation of the financial condition and business history of users. Amended by Act 2019, No. 315,§ 1057, eff. 7/24/2019. Acts 1967, No. 173, § 3; 1967, No. 509, § 1; 1969, No. 397, § 3(a); 1971, No. 251, § 1; 1977 (Ex. Sess.), No. 10, § 1; 1979, No. 115, §§ 1, 2; 1981, No. 259, § 1; 1985, No. 864, § 1; A.S.A. 1947, § 9-561; Acts 1987 (1st Ex. Sess.), No. 39, § 2; 1997, No. 778, § 3; 2001, No. 1032, § 2.

(a) Amortization payments on Act No. 9 bonds and ADFA bonds may be guaranteed in instances when: (1) Substantial employment is involved; (2) The total principal amount of all outstanding Act No. 9 bonds and ADFA bonds under guaranty is not in excess of one hundred million dollars ($100,000,000); (3) No one (1) issue or series of Act No. 9 bonds or ADFA bonds guaranteed under this section shall exceed five million dollars ($5,000,000) in principal amount; (4) The user of the industrial project involved is not permitted to purchase or own at any time any of such bonds; and (5) The user is found to be financially responsible and the full payment of the interest and principal amount of the bonds may reasonably be expected.

(1) Substantial employment is involved;

(2) The total principal amount of all outstanding Act No. 9 bonds and ADFA bonds under guaranty is not in excess of one hundred million dollars ($100,000,000);

(3) No one (1) issue or series of Act No. 9 bonds or ADFA bonds guaranteed under this section shall exceed five million dollars ($5,000,000) in principal amount;

(4) The user of the industrial project involved is not permitted to purchase or own at any time any of such bonds; and

(5) The user is found to be financially responsible and the full payment of the interest and principal amount of the bonds may reasonably be expected.

(b) The Arkansas Economic Development Council shall promulgate standards and rules for the evaluation of the financial condition and business history of users.

Amended by Act 2019, No. 315,§ 1057, eff. 7/24/2019.

Acts 1967, No. 173, § 3; 1967, No. 509, § 1; 1969, No. 397, § 3(a); 1971, No. 251, § 1; 1977 (Ex. Sess.), No. 10, § 1; 1979, No. 115, §§ 1, 2; 1981, No. 259, § 1; 1985, No. 864, § 1; A.S.A. 1947, § 9-561; Acts 1987 (1st Ex. Sess.), No. 39, § 2; 1997, No. 778, § 3; 2001, No. 1032, § 2.
Ark. Code Ann. § 15-22-717 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-717
Contract not to be impaired - Remedies of bondholder
Status: in_force

(a) This subchapter shall constitute a contract between the State of Arkansas and the holders or registered owners of all bonds issued under this subchapter which shall never be impaired, and any violation of its terms, whether under purported legislative authority or otherwise, shall be enjoined by the courts at the suit of any bondholder or any taxpayer. (b) The courts, in like suit against the Arkansas Natural Resources Commission, the Treasurer of State, or other appropriate officer or official of the state, shall prevent a diversion of any revenues pledged under this subchapter and shall compel the restoration of diverted revenues by injunction or mandamus. (c) In addition and without limitation as to any other appropriate remedy at law or in equity, any bondholder, by an appropriate action, including, without limitation, injunction or mandamus, may compel the performance of all covenants and obligations of the state, its officers, and its officials under this subchapter. Acts 1987, No. 686, § 14.

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

(b) The courts, in like suit against the Arkansas Natural Resources Commission, the Treasurer of State, or other appropriate officer or official of the state, shall prevent a diversion of any revenues pledged under this subchapter and shall compel the restoration of diverted revenues by injunction or mandamus.

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

Acts 1987, No. 686, § 14.
Ark. Code Ann. § 15-23-203 — AR Code / Title 15 / Chapter 23 / Subchapter 2 / Section 15-23-203
Director
Status: in_force

The Arkansas Waterways Commission may employ a Director of the Arkansas Waterways Commission as authorized by law and fix the salary of the director within the limitations of funds appropriated therefor to assist the commission in the performance of its duties under this subchapter. Amended by Act 2019, No. 910,§ 467, eff. 7/1/2019. Acts 1967, No. 242, § 3; A.S.A. 1947, § 21-1703.

The Arkansas Waterways Commission may employ a Director of the Arkansas Waterways Commission as authorized by law and fix the salary of the director within the limitations of funds appropriated therefor to assist the commission in the performance of its duties under this subchapter.

Amended by Act 2019, No. 910,§ 467, eff. 7/1/2019.

Acts 1967, No. 242, § 3; A.S.A. 1947, § 21-1703.
Ark. Code Ann. § 15-42-125 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-125
Beaver control fund - Development of public hunting and fishing areas
Status: in_force

(a) Twenty-five cents (25¢) of the additional fee derived from the sale of each annual resident hunting license shall be set aside by the Arkansas State Game and Fish Commission into a special account within the Game Protection Fund to be known as the "Beaver Control and Eradication Account" to be used solely and exclusively for the control and eradication of beavers in this state which are destroying private property. (b) Fifty percent (50%) of all remaining funds derived from the increase in resident hunting and fishing licenses provided for in § 15-42-104(a) -(c) shall be expended by the Arkansas State Game and Fish Commission exclusively for the acquisition and development of public hunting and fishing areas. Acts 1977, No. 430, § 3; A.S.A. 1947, § 47-222.1.

(a) Twenty-five cents (25¢) of the additional fee derived from the sale of each annual resident hunting license shall be set aside by the Arkansas State Game and Fish Commission into a special account within the Game Protection Fund to be known as the "Beaver Control and Eradication Account" to be used solely and exclusively for the control and eradication of beavers in this state which are destroying private property.

(b) Fifty percent (50%) of all remaining funds derived from the increase in resident hunting and fishing licenses provided for in § 15-42-104(a) -(c) shall be expended by the Arkansas State Game and Fish Commission exclusively for the acquisition and development of public hunting and fishing areas.

Acts 1977, No. 430, § 3; A.S.A. 1947, § 47-222.1.
Ark. Code Ann. § 15-22-718 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-718
Creation of rights
Status: in_force

This subchapter shall not create any right of any character and no right of any character shall arise under or pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered. Acts 1987, No. 686, § 15.

This subchapter shall not create any right of any character and no right of any character shall arise under or pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered.

Acts 1987, No. 686, § 15.
Ark. Code Ann. § 15-20-1114 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1114
No conflict with Arkansas Water and Air Pollution Control Act
Status: in_force

(a) (1) This subchapter shall not supersede the requirement that liquid animal waste management systems comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (2) This subchapter shall not supersede the requirements of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., for waste disposal systems utilizing land application as a part of the waste disposal process. (b) Except as provided in subsection (a) of this section, nutrient and litter management activities conducted in compliance with this subchapter shall not be subject to regulation under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (c) (1) The Arkansas Natural Resources Commission may determine that certain nutrient and litter-management activities regulated under the provisions of this subchapter are not in compliance with the subchapter and thus constitute placing sewage, industrial waste, or other wastes in a location where it is likely to cause pollution to the waters within the state. (2) The nutrient and litter-management activities so determined shall be subject to regulation under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. Amended by Act 2019, No. 315,§ 1126, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1125, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1124, eff. 7/24/2019. Acts 2003, No. 1061, § 1.

(a) (1) This subchapter shall not supersede the requirement that liquid animal waste management systems comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (2) This subchapter shall not supersede the requirements of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., for waste disposal systems utilizing land application as a part of the waste disposal process.

(1) This subchapter shall not supersede the requirement that liquid animal waste management systems comply with the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(2) This subchapter shall not supersede the requirements of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., for waste disposal systems utilizing land application as a part of the waste disposal process.

(b) Except as provided in subsection (a) of this section, nutrient and litter management activities conducted in compliance with this subchapter shall not be subject to regulation under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(c) (1) The Arkansas Natural Resources Commission may determine that certain nutrient and litter-management activities regulated under the provisions of this subchapter are not in compliance with the subchapter and thus constitute placing sewage, industrial waste, or other wastes in a location where it is likely to cause pollution to the waters within the state. (2) The nutrient and litter-management activities so determined shall be subject to regulation under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(1) The Arkansas Natural Resources Commission may determine that certain nutrient and litter-management activities regulated under the provisions of this subchapter are not in compliance with the subchapter and thus constitute placing sewage, industrial waste, or other wastes in a location where it is likely to cause pollution to the waters within the state.

(2) The nutrient and litter-management activities so determined shall be subject to regulation under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., and rules adopted under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Amended by Act 2019, No. 315,§ 1126, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1125, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1124, eff. 7/24/2019.

Acts 2003, No. 1061, § 1.
Ark. Code Ann. § 15-10-901 — AR Code / Title 15 / Chapter 10 / Subchapter 9 / Section 15-10-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Alternative Motor Fuel Development Act". Amended by Act 2017, No. 851,§ 1, eff. 8/1/2017. Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Arkansas Alternative Motor Fuel Development Act".

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

Added by Act 2013, No. 532,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-5-101 — AR Code / Title 15 / Chapter 5 / Subchapter 1 / Section 15-5-101
Title
Status: in_force

This subchapter, §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 shall be referred to as and may be cited as the "Arkansas Development Finance Authority Act". Acts 1985, No. 1062, § 1.00; A.S.A. 1947, § 13-2901.

This subchapter, §§ 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 shall be referred to as and may be cited as the "Arkansas Development Finance Authority Act".

Acts 1985, No. 1062, § 1.00; A.S.A. 1947, § 13-2901.
Ark. Code Ann. § 15-4-3406 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3406
Termination
Status: in_force

(a) A board of directors of a regional economic development partnership may terminate the regional economic development partnership upon a majority vote of the board of directors. (b) Notice of the intent to terminate a regional economic development partnership shall be sent to the Arkansas Economic Development Commission at least thirty (30) days before a board of directors votes on the termination of a regional economic development partnership. (c) Upon the termination of a regional economic development partnership, the board of directors of the regional economic development partnership shall remit any unspent state funds to the commission within sixty (60) days of the notice to terminate the regional economic development partnership. Amended by Act 2013, No. 1112,§ 6, eff. 8/16/2013. Acts 2011, No. 895, § 1.

(a) A board of directors of a regional economic development partnership may terminate the regional economic development partnership upon a majority vote of the board of directors.

(b) Notice of the intent to terminate a regional economic development partnership shall be sent to the Arkansas Economic Development Commission at least thirty (30) days before a board of directors votes on the termination of a regional economic development partnership.

(c) Upon the termination of a regional economic development partnership, the board of directors of the regional economic development partnership shall remit any unspent state funds to the commission within sixty (60) days of the notice to terminate the regional economic development partnership.

Amended by Act 2013, No. 1112,§ 6, eff. 8/16/2013.

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-4-3020 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3020
Consent by qualified electors to issue bonds
Status: in_force

(a) No bonds shall be issued under this subchapter except by and with the consent of a majority of the qualified electors of the state voting on the question in substantially the form described in this section at a special election called by proclamation of the Governor. (b) The proclamation shall be issued in accordance with § 7-11-201 et seq., and notice of the special election shall be given by publication of the proclamation by one (1) insertion in one (1) newspaper of general circulation published in each county in the state not less than thirty (30) calendar days prior to the date of the election. (c) If there is no newspaper regularly published in a county, the proclamation may be published in any newspaper having a general circulation in the county. (d) In the case of the notice or proclamation for the election, it is not necessary to publish this subchapter in its entirety, but the notice or proclamation shall state that it is issued for the purpose of submitting to the people the following question: "Shall the Arkansas Development Finance Authority be authorized to issue general obligation bonds under the authority of the Arkansas General Obligation Economic Development Superprojects Bond and Project Funding Act in total principal amount not to exceed four hundred million dollars ($400,000,000), in series from time to time in principal amounts not to exceed, without prior approval of the General Assembly, sixty million dollars ($60,000,000) in any fiscal biennium, for the financing and refinancing of superprojects as defined in the Arkansas General Obligation Economic Development Superprojects Bond and Project Funding Act, which bonds shall be secured by a pledge of the full faith and credit of the State of Arkansas?" (e) The title of this subchapter shall be the ballot title, and there shall be printed on the ballot the proposition stated in subsection (d) of this section, and the following: "FOR Issuance of State of Arkansas Economic Development Superprojects General Obligation Bonds __________________" "AGAINST Issuance of State of Arkansas Economic Development Superprojects General Obligation Bonds __________________" (f) (1) The county boards of election commissioners of the several counties of the state shall conduct the election. (2) Each board shall take action with respect to the appointment of election officials and other matters as the law requires. (3) The vote shall be canvassed and the result declared in each county by the several boards. (4) The results shall be certified within ten (10) calendar days after the date of the election by the boards to the Secretary of State, who shall tabulate all returns so received and certify to the Governor the total vote for and against the proposition. (5) The result of the election shall be proclaimed by the Governor by publication one (1) time in a newspaper published in the City of Little Rock, and the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) calendar days after the date of the publication. Acts 2003, No. 1751, § 20; 2005, No. 2145, § 58; 2007, No. 1049, § 80; 2009, No. 1480, § 98.

(a) No bonds shall be issued under this subchapter except by and with the consent of a majority of the qualified electors of the state voting on the question in substantially the form described in this section at a special election called by proclamation of the Governor.

(b) The proclamation shall be issued in accordance with § 7-11-201 et seq., and notice of the special election shall be given by publication of the proclamation by one (1) insertion in one (1) newspaper of general circulation published in each county in the state not less than thirty (30) calendar days prior to the date of the election.

(c) If there is no newspaper regularly published in a county, the proclamation may be published in any newspaper having a general circulation in the county.

(d) In the case of the notice or proclamation for the election, it is not necessary to publish this subchapter in its entirety, but the notice or proclamation shall state that it is issued for the purpose of submitting to the people the following question: "Shall the Arkansas Development Finance Authority be authorized to issue general obligation bonds under the authority of the Arkansas General Obligation Economic Development Superprojects Bond and Project Funding Act in total principal amount not to exceed four hundred million dollars ($400,000,000), in series from time to time in principal amounts not to exceed, without prior approval of the General Assembly, sixty million dollars ($60,000,000) in any fiscal biennium, for the financing and refinancing of superprojects as defined in the Arkansas General Obligation Economic Development Superprojects Bond and Project Funding Act, which bonds shall be secured by a pledge of the full faith and credit of the State of Arkansas?"

"Shall the Arkansas Development Finance Authority be authorized to issue general obligation bonds under the authority of the Arkansas General Obligation Economic Development Superprojects Bond and Project Funding Act in total principal amount not to exceed four hundred million dollars ($400,000,000), in series from time to time in principal amounts not to exceed, without prior approval of the General Assembly, sixty million dollars ($60,000,000) in any fiscal biennium, for the financing and refinancing of superprojects as defined in the Arkansas General Obligation Economic Development Superprojects Bond and Project Funding Act, which bonds shall be secured by a pledge of the full faith and credit of the State of Arkansas?"

(e) The title of this subchapter shall be the ballot title, and there shall be printed on the ballot the proposition stated in subsection (d) of this section, and the following: "FOR Issuance of State of Arkansas Economic Development Superprojects General Obligation Bonds __________________" "AGAINST Issuance of State of Arkansas Economic Development Superprojects General Obligation Bonds __________________"

"FOR Issuance of State of Arkansas Economic Development Superprojects General Obligation Bonds __________________"

"AGAINST Issuance of State of Arkansas Economic Development Superprojects General Obligation Bonds __________________"

(f) (1) The county boards of election commissioners of the several counties of the state shall conduct the election. (2) Each board shall take action with respect to the appointment of election officials and other matters as the law requires. (3) The vote shall be canvassed and the result declared in each county by the several boards. (4) The results shall be certified within ten (10) calendar days after the date of the election by the boards to the Secretary of State, who shall tabulate all returns so received and certify to the Governor the total vote for and against the proposition. (5) The result of the election shall be proclaimed by the Governor by publication one (1) time in a newspaper published in the City of Little Rock, and the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) calendar days after the date of the publication.

(1) The county boards of election commissioners of the several counties of the state shall conduct the election.

(2) Each board shall take action with respect to the appointment of election officials and other matters as the law requires.

(3) The vote shall be canvassed and the result declared in each county by the several boards.

(4) The results shall be certified within ten (10) calendar days after the date of the election by the boards to the Secretary of State, who shall tabulate all returns so received and certify to the Governor the total vote for and against the proposition.

(5) The result of the election shall be proclaimed by the Governor by publication one (1) time in a newspaper published in the City of Little Rock, and the results as proclaimed shall be conclusive unless attacked in the courts within thirty (30) calendar days after the date of the publication.

Acts 2003, No. 1751, § 20; 2005, No. 2145, § 58; 2007, No. 1049, § 80; 2009, No. 1480, § 98.
Ark. Code Ann. § 15-4-520 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-520
Excess funds
Status: in_force

(a) Any funds remaining with the corporation in excess of the amount necessary to finance a project, including the cost of lands, buildings, and facilities and other expenses necessary to its completion, shall be used by the corporation to reduce the amount of its first lien obligations. (b) For this purpose, the corporation shall call its first lien obligations for payment in inverse numerical order not later than the next interest payment date after completion of the project. Acts 1955, No. 404, § 28; 1957, No. 47, § 6; A.S.A. 1947, § 9-531.

(a) Any funds remaining with the corporation in excess of the amount necessary to finance a project, including the cost of lands, buildings, and facilities and other expenses necessary to its completion, shall be used by the corporation to reduce the amount of its first lien obligations.

(b) For this purpose, the corporation shall call its first lien obligations for payment in inverse numerical order not later than the next interest payment date after completion of the project.

Acts 1955, No. 404, § 28; 1957, No. 47, § 6; A.S.A. 1947, § 9-531.
Ark. Code Ann. § 15-20-804 — AR Code / Title 15 / Chapter 20 / Subchapter 8 / Section 15-20-804
Limitation
Status: in_force

(a) In no event shall the Arkansas Natural Resources Commission obligate or pledge the full faith and credit of the State of Arkansas to secure any obligation sold, pledged, or placed with investors under this subchapter. (b) (1) The commission shall not pledge its full faith and credit to secure any obligation sold, pledged, or placed with investors under this subchapter. (2) However, the commission may obligate itself to honor those financial covenants and transaction enhancements that may be associated with the sale or pledge of the loans. Acts 1995, No. 690, § 5.

(a) In no event shall the Arkansas Natural Resources Commission obligate or pledge the full faith and credit of the State of Arkansas to secure any obligation sold, pledged, or placed with investors under this subchapter.

(b) (1) The commission shall not pledge its full faith and credit to secure any obligation sold, pledged, or placed with investors under this subchapter. (2) However, the commission may obligate itself to honor those financial covenants and transaction enhancements that may be associated with the sale or pledge of the loans.

(1) The commission shall not pledge its full faith and credit to secure any obligation sold, pledged, or placed with investors under this subchapter.

(2) However, the commission may obligate itself to honor those financial covenants and transaction enhancements that may be associated with the sale or pledge of the loans.

Acts 1995, No. 690, § 5.
Ark. Code Ann. § 15-72-803 — AR Code / Title 15 / Chapter 72 / Subchapter 8 / Section 15-72-803
Penalties
Status: in_force

(a) Any person who knowingly violates any provisions of this subchapter or any rules promulgated thereunder shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both. In the event of a violation by a corporation or other entity organized for a common business purpose, this penalty shall extend to any officer, director, or employee who knowingly participated in the violation. (b) Any prime supplier or broker who refuses to provide products pursuant to an assignment under this subchapter shall be liable for a penalty of not more than ten thousand dollars ($10,000) which may be recovered in a civil action, and the prime supplier or broker may be enjoined from continuing such violation. Acts 1983, No. 377, § 5; A.S.A. 1947, § 53-1505.

(a) Any person who knowingly violates any provisions of this subchapter or any rules promulgated thereunder shall be guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than six (6) months, or both. In the event of a violation by a corporation or other entity organized for a common business purpose, this penalty shall extend to any officer, director, or employee who knowingly participated in the violation.

(b) Any prime supplier or broker who refuses to provide products pursuant to an assignment under this subchapter shall be liable for a penalty of not more than ten thousand dollars ($10,000) which may be recovered in a civil action, and the prime supplier or broker may be enjoined from continuing such violation.

Acts 1983, No. 377, § 5; A.S.A. 1947, § 53-1505.
Ark. Code Ann. § 15-57-317 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-317
Bond forfeiture proceedings
Status: in_force

(a) The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to: (1) Failure to abate any violation of this subchapter or any rule promulgated thereunder; (2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond; (3) Failure to comply with any order of the division; (4) Failure to reclaim any affected land in accordance with this subchapter; or (5) Insolvency, bankruptcy, or receivership of the operator. (b) The division shall notify the operator in writing of the bond forfeiture, and the operator shall be given an opportunity for a hearing as provided in this subchapter. Amended by Act 2019, No. 315,§ 1166, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3108, eff. 7/1/2019. Acts 1991, No. 827, § 16; 1999, No. 1526, § 8.

(a) The Division of Environmental Quality may institute proceedings to have the bond or substituted security of the operator forfeited for any of the following reasons, including, but not limited to: (1) Failure to abate any violation of this subchapter or any rule promulgated thereunder; (2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond; (3) Failure to comply with any order of the division; (4) Failure to reclaim any affected land in accordance with this subchapter; or (5) Insolvency, bankruptcy, or receivership of the operator.

(1) Failure to abate any violation of this subchapter or any rule promulgated thereunder;

(2) Failure to comply with the terms and conditions of the open-cut mining permit or the bond;

(3) Failure to comply with any order of the division;

(4) Failure to reclaim any affected land in accordance with this subchapter; or

(5) Insolvency, bankruptcy, or receivership of the operator.

(b) The division shall notify the operator in writing of the bond forfeiture, and the operator shall be given an opportunity for a hearing as provided in this subchapter.

Amended by Act 2019, No. 315,§ 1166, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3108, eff. 7/1/2019.

Acts 1991, No. 827, § 16; 1999, No. 1526, § 8.
Ark. Code Ann. § 15-4-606 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-606
Evidence to support guaranty - Review of applications
Status: in_force

(a) (1) (A) Each county or municipality requesting a guaranty under this subchapter shall submit to the Arkansas Economic Development Council evidence showing conformity with §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 and such other supporting documents as the council shall require. The application and documentation may be submitted by the user of the industrial project involved. (B) When a guaranty is requested with respect to ADFA bonds, the Arkansas Development Finance Authority shall submit to the council evidence showing conformity with §§ 15-5-101 - 15-5-105 , 15-5-201 - 15-5-211 , and 15-5-301 - 15-5-316 and such other supporting documents as the council shall reasonably require. (2) (A) All applications for guaranties shall be accompanied by a one-time premium payment to the Revenue Bond Guaranty Reserve Account in an amount equal to whichever is the larger amount of either: (i) Three percent (3%) of the amount of the total principal and interest requirements from date of issuance to maturity of the Act No. 9 bonds or ADFA bonds guaranteed; or (ii) Five percent (5%) of the principal amount of the Act No. 9 bonds or ADFA bonds guaranteed. (B) The premium payment may be collected by the county or municipality or the authority from the lessee of the industrial project involved. (b) (1) All applications filed with the council under the provisions of this subchapter shall first be reviewed by the appropriate designated staff officials of the council or by a committee consisting of members of the council for preliminary review and recommendation prior to being submitted for consideration by the council. (2) (A) All applications submitted to the council and all supporting documents, instruments, proposed contracts, estimated costs, or other evidence submitted therewith shall be confidential and shall not be open to public review except as provided in this section. (B) All staff meetings or meetings of the review committee of members of the council established for the purpose of giving preliminary review of such applications shall be confidential and shall not be open to the public. (3) Upon conclusion of the preliminary review of each request for a guaranty under this subchapter, if the request for guaranty is submitted to the council with a recommendation that it be approved, the application and all supporting documents, including the findings and the recommendations resulting from the staff or review committee thereof, shall be an open public record available for inspection during all regular business hours. (4) In the event that an application from a municipality or county or the authority requesting a guaranty under this subchapter is not recommended for approval by the council, that application and all supporting documents, including all findings and recommendations in regard thereto by the staff or review committee, shall continue to be confidential and not open to public inspection. (5) The municipality or county or the authority shall be notified in writing of any staff or review committee determination that the application is not being submitted to the council with a recommendation that it be approved. This notice shall advise the municipality or county or the authority that the application will be kept confidential unless the municipality or county or the authority, within thirty (30) days from the date of receipt of the written notice, shall file a petition with the council requesting that the council hold a hearing in regard to the application. In this event, the application and all supporting documents shall become public information available for public inspection. (c) The membership of a review committee, when acting in that capacity, shall never be considered to constitute a quorum of the council for the purpose of approving an application for guaranty under this subchapter. (d) No provision of this section shall be interpreted to create any private right against any member of the council or any member of its staff. Acts 1967, No. 173, § 5; 1971, No. 251, § 2; 1975 (Extended Sess., 1976), No. 1183, § 1; A.S.A. 1947, § 9-563; reen. Acts 1987, No. 996, § 1; 1987 (1st Ex. Sess.), No. 39, § 3; 1997, No. 540, § 29; 1997, No. 778, § 4.

(a) (1) (A) Each county or municipality requesting a guaranty under this subchapter shall submit to the Arkansas Economic Development Council evidence showing conformity with §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 and such other supporting documents as the council shall require. The application and documentation may be submitted by the user of the industrial project involved. (B) When a guaranty is requested with respect to ADFA bonds, the Arkansas Development Finance Authority shall submit to the council evidence showing conformity with §§ 15-5-101 - 15-5-105 , 15-5-201 - 15-5-211 , and 15-5-301 - 15-5-316 and such other supporting documents as the council shall reasonably require. (2) (A) All applications for guaranties shall be accompanied by a one-time premium payment to the Revenue Bond Guaranty Reserve Account in an amount equal to whichever is the larger amount of either: (i) Three percent (3%) of the amount of the total principal and interest requirements from date of issuance to maturity of the Act No. 9 bonds or ADFA bonds guaranteed; or (ii) Five percent (5%) of the principal amount of the Act No. 9 bonds or ADFA bonds guaranteed. (B) The premium payment may be collected by the county or municipality or the authority from the lessee of the industrial project involved.

(1) (A) Each county or municipality requesting a guaranty under this subchapter shall submit to the Arkansas Economic Development Council evidence showing conformity with §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 and such other supporting documents as the council shall require. The application and documentation may be submitted by the user of the industrial project involved. (B) When a guaranty is requested with respect to ADFA bonds, the Arkansas Development Finance Authority shall submit to the council evidence showing conformity with §§ 15-5-101 - 15-5-105 , 15-5-201 - 15-5-211 , and 15-5-301 - 15-5-316 and such other supporting documents as the council shall reasonably require.

(A) Each county or municipality requesting a guaranty under this subchapter shall submit to the Arkansas Economic Development Council evidence showing conformity with §§ 14-164-201 - 14-164-206 and 14-164-208 - 14-164-224 and such other supporting documents as the council shall require. The application and documentation may be submitted by the user of the industrial project involved.

(B) When a guaranty is requested with respect to ADFA bonds, the Arkansas Development Finance Authority shall submit to the council evidence showing conformity with §§ 15-5-101 - 15-5-105 , 15-5-201 - 15-5-211 , and 15-5-301 - 15-5-316 and such other supporting documents as the council shall reasonably require.

(2) (A) All applications for guaranties shall be accompanied by a one-time premium payment to the Revenue Bond Guaranty Reserve Account in an amount equal to whichever is the larger amount of either: (i) Three percent (3%) of the amount of the total principal and interest requirements from date of issuance to maturity of the Act No. 9 bonds or ADFA bonds guaranteed; or (ii) Five percent (5%) of the principal amount of the Act No. 9 bonds or ADFA bonds guaranteed. (B) The premium payment may be collected by the county or municipality or the authority from the lessee of the industrial project involved.

(A) All applications for guaranties shall be accompanied by a one-time premium payment to the Revenue Bond Guaranty Reserve Account in an amount equal to whichever is the larger amount of either: (i) Three percent (3%) of the amount of the total principal and interest requirements from date of issuance to maturity of the Act No. 9 bonds or ADFA bonds guaranteed; or (ii) Five percent (5%) of the principal amount of the Act No. 9 bonds or ADFA bonds guaranteed.

(i) Three percent (3%) of the amount of the total principal and interest requirements from date of issuance to maturity of the Act No. 9 bonds or ADFA bonds guaranteed; or

(ii) Five percent (5%) of the principal amount of the Act No. 9 bonds or ADFA bonds guaranteed.

(B) The premium payment may be collected by the county or municipality or the authority from the lessee of the industrial project involved.

(b) (1) All applications filed with the council under the provisions of this subchapter shall first be reviewed by the appropriate designated staff officials of the council or by a committee consisting of members of the council for preliminary review and recommendation prior to being submitted for consideration by the council. (2) (A) All applications submitted to the council and all supporting documents, instruments, proposed contracts, estimated costs, or other evidence submitted therewith shall be confidential and shall not be open to public review except as provided in this section. (B) All staff meetings or meetings of the review committee of members of the council established for the purpose of giving preliminary review of such applications shall be confidential and shall not be open to the public. (3) Upon conclusion of the preliminary review of each request for a guaranty under this subchapter, if the request for guaranty is submitted to the council with a recommendation that it be approved, the application and all supporting documents, including the findings and the recommendations resulting from the staff or review committee thereof, shall be an open public record available for inspection during all regular business hours. (4) In the event that an application from a municipality or county or the authority requesting a guaranty under this subchapter is not recommended for approval by the council, that application and all supporting documents, including all findings and recommendations in regard thereto by the staff or review committee, shall continue to be confidential and not open to public inspection. (5) The municipality or county or the authority shall be notified in writing of any staff or review committee determination that the application is not being submitted to the council with a recommendation that it be approved. This notice shall advise the municipality or county or the authority that the application will be kept confidential unless the municipality or county or the authority, within thirty (30) days from the date of receipt of the written notice, shall file a petition with the council requesting that the council hold a hearing in regard to the application. In this event, the application and all supporting documents shall become public information available for public inspection.

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

(2) (A) All applications submitted to the council and all supporting documents, instruments, proposed contracts, estimated costs, or other evidence submitted therewith shall be confidential and shall not be open to public review except as provided in this section. (B) All staff meetings or meetings of the review committee of members of the council established for the purpose of giving preliminary review of such applications shall be confidential and shall not be open to the public.

(A) All applications submitted to the council and all supporting documents, instruments, proposed contracts, estimated costs, or other evidence submitted therewith shall be confidential and shall not be open to public review except as provided in this section.

(B) All staff meetings or meetings of the review committee of members of the council established for the purpose of giving preliminary review of such applications shall be confidential and shall not be open to the public.

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

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

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

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

(d) No provision of this section shall be interpreted to create any private right against any member of the council or any member of its staff.

Acts 1967, No. 173, § 5; 1971, No. 251, § 2; 1975 (Extended Sess., 1976), No. 1183, § 1; A.S.A. 1947, § 9-563; reen. Acts 1987, No. 996, § 1; 1987 (1st Ex. Sess.), No. 39, § 3; 1997, No. 540, § 29; 1997, No. 778, § 4.
Ark. Code Ann. § 15-74-703 — AR Code / Title 15 / Chapter 74 / Subchapter 7 / Section 15-74-703
Entitlement of royalty interests to premiums and bonuses
Status: in_force

All purchasers of oil and gas shall pay to the royalty interest the same premium or bonus above the posted market price for oil or gas they pay to the leaseholder or working interest under any oil, gas, or mineral lease on lands from which oil or gas may be purchased under contract with the lease owner or operator. Acts 1929, No. 222, § 1; Pope's Dig., § 10498; A.S.A. 1947, § 53-509.

All purchasers of oil and gas shall pay to the royalty interest the same premium or bonus above the posted market price for oil or gas they pay to the leaseholder or working interest under any oil, gas, or mineral lease on lands from which oil or gas may be purchased under contract with the lease owner or operator.

Acts 1929, No. 222, § 1; Pope's Dig., § 10498; A.S.A. 1947, § 53-509.