Ark. Code Ann. § 15-11-512 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-512
Natural State Initiative Pilot Program
Status: in_force

(a) There is created a program to be known as the "Natural State Initiative Pilot Program". (b) The program shall be developed, implemented, and administered by the Arkansas Economic Development Commission in consultation with the Department of Parks, Heritage, and Tourism. (c) The purpose of the program is to: (1) Promote both Arkansas's growing outdoor recreation industry and the economic impact of outdoor infrastructure investment; (2) Recruit new outdoor recreation businesses to Arkansas, expand existing outdoor recreation businesses, and foster entrepreneurial growth by using economic development incentives, site selection services, funding, and training resources within the commission; and (3) Implement Natural State Initiative Opportunity Zones. (d) The commission and the department shall work cooperatively to accomplish the purposes of the program. (e) (1) The Director of the Arkansas Economic Development Commission, in consultation with the Secretary of the Department of Parks, Heritage, and Tourism, shall establish no more than four (4) Natural State Initiative Opportunity Zones. (2) (A) The Natural State Initiative Opportunity Zones shall be located within or no more than one-eighth (1/8) of a mile outside the boundaries of a state park, a cultural or historic site, or a cultural or educational center. (B) In designating the location of the Natural State Initiative Opportunity Zones, the director shall take into account the need for geographic diversity in the locations of the Natural State Initiative Opportunity Zones and the potential for economic development opportunities within the proposed Natural State Initiative Opportunity Zones. (3) The director shall establish the Natural State Initiative Opportunity Zones through the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Added by Act 2023, No. 652,§ 8, eff. 8/1/2023.

(a) There is created a program to be known as the "Natural State Initiative Pilot Program".

(b) The program shall be developed, implemented, and administered by the Arkansas Economic Development Commission in consultation with the Department of Parks, Heritage, and Tourism.

(c) The purpose of the program is to: (1) Promote both Arkansas's growing outdoor recreation industry and the economic impact of outdoor infrastructure investment; (2) Recruit new outdoor recreation businesses to Arkansas, expand existing outdoor recreation businesses, and foster entrepreneurial growth by using economic development incentives, site selection services, funding, and training resources within the commission; and (3) Implement Natural State Initiative Opportunity Zones.

(1) Promote both Arkansas's growing outdoor recreation industry and the economic impact of outdoor infrastructure investment;

(2) Recruit new outdoor recreation businesses to Arkansas, expand existing outdoor recreation businesses, and foster entrepreneurial growth by using economic development incentives, site selection services, funding, and training resources within the commission; and

(3) Implement Natural State Initiative Opportunity Zones.

(d) The commission and the department shall work cooperatively to accomplish the purposes of the program.

(e) (1) The Director of the Arkansas Economic Development Commission, in consultation with the Secretary of the Department of Parks, Heritage, and Tourism, shall establish no more than four (4) Natural State Initiative Opportunity Zones. (2) (A) The Natural State Initiative Opportunity Zones shall be located within or no more than one-eighth (1/8) of a mile outside the boundaries of a state park, a cultural or historic site, or a cultural or educational center. (B) In designating the location of the Natural State Initiative Opportunity Zones, the director shall take into account the need for geographic diversity in the locations of the Natural State Initiative Opportunity Zones and the potential for economic development opportunities within the proposed Natural State Initiative Opportunity Zones. (3) The director shall establish the Natural State Initiative Opportunity Zones through the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) The Director of the Arkansas Economic Development Commission, in consultation with the Secretary of the Department of Parks, Heritage, and Tourism, shall establish no more than four (4) Natural State Initiative Opportunity Zones.

(2) (A) The Natural State Initiative Opportunity Zones shall be located within or no more than one-eighth (1/8) of a mile outside the boundaries of a state park, a cultural or historic site, or a cultural or educational center. (B) In designating the location of the Natural State Initiative Opportunity Zones, the director shall take into account the need for geographic diversity in the locations of the Natural State Initiative Opportunity Zones and the potential for economic development opportunities within the proposed Natural State Initiative Opportunity Zones.

(A) The Natural State Initiative Opportunity Zones shall be located within or no more than one-eighth (1/8) of a mile outside the boundaries of a state park, a cultural or historic site, or a cultural or educational center.

(B) In designating the location of the Natural State Initiative Opportunity Zones, the director shall take into account the need for geographic diversity in the locations of the Natural State Initiative Opportunity Zones and the potential for economic development opportunities within the proposed Natural State Initiative Opportunity Zones.

(3) The director shall establish the Natural State Initiative Opportunity Zones through the promulgation of rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Added by Act 2023, No. 652,§ 8, eff. 8/1/2023.
Ark. Code Ann. § 15-4-2505 — AR Code / Title 15 / Chapter 4 / Subchapter 25 / Section 15-4-2505
Duty to seek collaboration
Status: in_force

The Arkansas Economic Development Commission shall: (1) Actively seek support from and collaboration with statewide financial institutions, the Arkansas Credit Union League, United States Small Business Administration, Arkansas Bankers Association, Arkansas Development Finance Authority, and other agencies interested in supporting small business efforts in the state; and (2) Provide small business persons with: (A) Assistance and resources for preparation of business plans available through the commission and other agencies; (B) Information about services available through the commission; (C) Information about financial institutions and agencies that have agreed to support and collaborate with the program authorized by this subchapter; (D) Continuing assistance after a loan is made; and (E) Information on training programs or technical assistance to include instructions on the importance of establishing and maintaining credit, seeking and obtaining state licenses and contracts, and business planning and management. Acts 2001, No. 913, § 6.

The Arkansas Economic Development Commission shall:

(1) Actively seek support from and collaboration with statewide financial institutions, the Arkansas Credit Union League, United States Small Business Administration, Arkansas Bankers Association, Arkansas Development Finance Authority, and other agencies interested in supporting small business efforts in the state; and

(2) Provide small business persons with: (A) Assistance and resources for preparation of business plans available through the commission and other agencies; (B) Information about services available through the commission; (C) Information about financial institutions and agencies that have agreed to support and collaborate with the program authorized by this subchapter; (D) Continuing assistance after a loan is made; and (E) Information on training programs or technical assistance to include instructions on the importance of establishing and maintaining credit, seeking and obtaining state licenses and contracts, and business planning and management.

(A) Assistance and resources for preparation of business plans available through the commission and other agencies;

(B) Information about services available through the commission;

(C) Information about financial institutions and agencies that have agreed to support and collaborate with the program authorized by this subchapter;

(D) Continuing assistance after a loan is made; and

(E) Information on training programs or technical assistance to include instructions on the importance of establishing and maintaining credit, seeking and obtaining state licenses and contracts, and business planning and management.

Acts 2001, No. 913, § 6.
Ark. Code Ann. § 15-57-413 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-413
Hearing
Status: in_force

An operator may request and obtain an adjudicatory hearing and review by the Arkansas Pollution Control and Ecology Commission of any decision by the Director of the Division of Environmental Quality to enforce the provisions of this subchapter, including any action to impose a civil penalty, stop quarrying activities, or forfeit a bond. The decision of the commission shall be final and may be appealed by the operator to the circuit court of the county in which the quarry is located in accordance with the Arkansas Code. Amended by Act 2019, No. 910,§ 3134, eff. 7/1/2019. Acts 1997, No. 1166, § 13.

An operator may request and obtain an adjudicatory hearing and review by the Arkansas Pollution Control and Ecology Commission of any decision by the Director of the Division of Environmental Quality to enforce the provisions of this subchapter, including any action to impose a civil penalty, stop quarrying activities, or forfeit a bond. The decision of the commission shall be final and may be appealed by the operator to the circuit court of the county in which the quarry is located in accordance with the Arkansas Code.

Amended by Act 2019, No. 910,§ 3134, eff. 7/1/2019.

Acts 1997, No. 1166, § 13.
Ark. Code Ann. § 15-11-708 — AR Code / Title 15 / Chapter 11 / Subchapter 7 / Section 15-11-708
Grant distribution
Status: in_force

(a) (1) A grant application under this subchapter that meets the criteria under § 15-11-705 shall be submitted to the Wildlife Observation Trails Pilot Program Advisory Board by the Secretary of the Department of Parks, Heritage, and Tourism for review and comment. (2) The board shall recommend grants for approval by the secretary. (3) The secretary shall designate the grant recipients that are eligible for moneys under this subchapter and notify the Arkansas State Game and Fish Commission of the grant recipients. (b) The commission agrees to receive grant designations submitted by the secretary and approve distribution of moneys annually to eligible grant recipients in the Wildlife Observation Trails Pilot Program as follows: (1) A maximum of eighty percent (80%) of the moneys for grants for wildlife observation trail development to cities or counties; and (2) A maximum of twenty percent (20%) of the moneys for grants for wildlife observation trail development to state agencies or nonprofit organizations. Amended by Act 2019, No. 910,§ 5655, eff. 7/1/2019. Acts 2009, No. 686, § 1; 2011, No. 1041, § 6.

(a) (1) A grant application under this subchapter that meets the criteria under § 15-11-705 shall be submitted to the Wildlife Observation Trails Pilot Program Advisory Board by the Secretary of the Department of Parks, Heritage, and Tourism for review and comment. (2) The board shall recommend grants for approval by the secretary. (3) The secretary shall designate the grant recipients that are eligible for moneys under this subchapter and notify the Arkansas State Game and Fish Commission of the grant recipients.

(1) A grant application under this subchapter that meets the criteria under § 15-11-705 shall be submitted to the Wildlife Observation Trails Pilot Program Advisory Board by the Secretary of the Department of Parks, Heritage, and Tourism for review and comment.

(2) The board shall recommend grants for approval by the secretary.

(3) The secretary shall designate the grant recipients that are eligible for moneys under this subchapter and notify the Arkansas State Game and Fish Commission of the grant recipients.

(b) The commission agrees to receive grant designations submitted by the secretary and approve distribution of moneys annually to eligible grant recipients in the Wildlife Observation Trails Pilot Program as follows: (1) A maximum of eighty percent (80%) of the moneys for grants for wildlife observation trail development to cities or counties; and (2) A maximum of twenty percent (20%) of the moneys for grants for wildlife observation trail development to state agencies or nonprofit organizations.

(1) A maximum of eighty percent (80%) of the moneys for grants for wildlife observation trail development to cities or counties; and

(2) A maximum of twenty percent (20%) of the moneys for grants for wildlife observation trail development to state agencies or nonprofit organizations.

Amended by Act 2019, No. 910,§ 5655, eff. 7/1/2019.

Acts 2009, No. 686, § 1; 2011, No. 1041, § 6.
Ark. Code Ann. § 15-11-210 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-210
Award of pistol upon retirement
Status: in_force

When a commissioned law enforcement officer of the State Parks Division of the Department of Parks, Heritage, and Tourism retires from service in good standing after twenty (20) years of service, in recognition of and appreciation for the service of the retiring officer, the Director of the State Parks Division may award to the officer the pistol carried by the officer at the time of his or her retirement from service. Amended by Act 2019, No. 910,§ 5629, eff. 7/1/2019. Acts 2005, No. 1375, § 1.

When a commissioned law enforcement officer of the State Parks Division of the Department of Parks, Heritage, and Tourism retires from service in good standing after twenty (20) years of service, in recognition of and appreciation for the service of the retiring officer, the Director of the State Parks Division may award to the officer the pistol carried by the officer at the time of his or her retirement from service.

Amended by Act 2019, No. 910,§ 5629, eff. 7/1/2019.

Acts 2005, No. 1375, § 1.
Ark. Code Ann. § 15-22-708 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-708
Bonds - Purpose of issuance and application of proceeds
Status: in_force

Bonds issued under this subchapter shall be issued for the purpose of financing and development of waste disposal facilities or pollution abatement facilities, and the proceeds of the bonds shall be applied for the payment of project costs and the costs and expenses of issuance of the bonds. Acts 1987, No. 686, § 5.

Bonds issued under this subchapter shall be issued for the purpose of financing and development of waste disposal facilities or pollution abatement facilities, and the proceeds of the bonds shall be applied for the payment of project costs and the costs and expenses of issuance of the bonds.

Acts 1987, No. 686, § 5.
Ark. Code Ann. § 15-4-3808 — AR Code / Title 15 / Chapter 4 / Subchapter 38 / Section 15-4-3808
Rules
Status: in_force

The Office of State Procurement may promulgate rules to implement and administer this subchapter, including without limitation a method for: (1) Identifying and certifying vendors as providers of local farm or food products; and (2) Determining the means of satisfying and tracking the procurement goals stated in this subchapter. Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.

The Office of State Procurement may promulgate rules to implement and administer this subchapter, including without limitation a method for:

(1) Identifying and certifying vendors as providers of local farm or food products; and

(2) Determining the means of satisfying and tracking the procurement goals stated in this subchapter.

Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 15-20-602 — AR Code / Title 15 / Chapter 20 / Subchapter 6 / Section 15-20-602
Definitions
Status: in_force

As used in this subchapter: (1) "Archeological site" means physical evidence of human activity which is fifty (50) years old or older; (2) (A) (i) "Cave" means any naturally formed cavity beneath the surface of the earth which is enterable by people by a natural entrance into the bedrock. (ii) For the purposes of this subchapter, "cave" also includes any rock shelter formed by an overhanging bluff whenever the bluff is undercut by at least twenty feet (20'). (B) "Cave" does not include any mine or other human excavation; (3) "Cave life" means any life-form normally found in a cave or subterranean water system; (4) "Cold water solution" means solution processes occurring below seventy degrees Fahrenheit (70° F); (5) "Owner" means any person or the State of Arkansas and any of its agencies, departments, boards, commissions, and other political subdivisions holding any possessory estate in any cave and any agent of such a person or governmental entity; (6) "Sinkhole" means a depression of the surface of the earth due to solution or collapse of material below the surface; and (7) (A) "Speleothem" means any mineral deposit formed within a cave, including, but not limited to, stalactites, stalagmites, and all other forms of minerals precipitated from cold water solution. (B) "Speleothem" does not include cementation of sediments by calcium salts. Acts 1989, No. 523, § 2.

As used in this subchapter:

(1) "Archeological site" means physical evidence of human activity which is fifty (50) years old or older;

(2) (A) (i) "Cave" means any naturally formed cavity beneath the surface of the earth which is enterable by people by a natural entrance into the bedrock. (ii) For the purposes of this subchapter, "cave" also includes any rock shelter formed by an overhanging bluff whenever the bluff is undercut by at least twenty feet (20'). (B) "Cave" does not include any mine or other human excavation;

(A) (i) "Cave" means any naturally formed cavity beneath the surface of the earth which is enterable by people by a natural entrance into the bedrock. (ii) For the purposes of this subchapter, "cave" also includes any rock shelter formed by an overhanging bluff whenever the bluff is undercut by at least twenty feet (20').

(i) "Cave" means any naturally formed cavity beneath the surface of the earth which is enterable by people by a natural entrance into the bedrock.

(ii) For the purposes of this subchapter, "cave" also includes any rock shelter formed by an overhanging bluff whenever the bluff is undercut by at least twenty feet (20').

(B) "Cave" does not include any mine or other human excavation;

(3) "Cave life" means any life-form normally found in a cave or subterranean water system;

(4) "Cold water solution" means solution processes occurring below seventy degrees Fahrenheit (70° F);

(5) "Owner" means any person or the State of Arkansas and any of its agencies, departments, boards, commissions, and other political subdivisions holding any possessory estate in any cave and any agent of such a person or governmental entity;

(6) "Sinkhole" means a depression of the surface of the earth due to solution or collapse of material below the surface; and

(7) (A) "Speleothem" means any mineral deposit formed within a cave, including, but not limited to, stalactites, stalagmites, and all other forms of minerals precipitated from cold water solution. (B) "Speleothem" does not include cementation of sediments by calcium salts.

(A) "Speleothem" means any mineral deposit formed within a cave, including, but not limited to, stalactites, stalagmites, and all other forms of minerals precipitated from cold water solution.

(B) "Speleothem" does not include cementation of sediments by calcium salts.

Acts 1989, No. 523, § 2.
Ark. Code Ann. § 15-72-703 — AR Code / Title 15 / Chapter 72 / Subchapter 7 / Section 15-72-703
Application for permit to drill discovery well
Status: in_force

To become entitled to the benefits provided in this subchapter, a person shall make application therefor to the Oil and Gas Commission at or before the issuance of the permit to drill the discovery well in the pool upon a form approved by the commission in which the applicant shall, among other things, state under oath: (1) The location of the proposed discovery well; and (2) A legal description of the land within the participating area as to which the applicant is the owner at that date. Acts 1957, No. 258, § 4; A.S.A. 1947, § 53-133.

To become entitled to the benefits provided in this subchapter, a person shall make application therefor to the Oil and Gas Commission at or before the issuance of the permit to drill the discovery well in the pool upon a form approved by the commission in which the applicant shall, among other things, state under oath:

(1) The location of the proposed discovery well; and

(2) A legal description of the land within the participating area as to which the applicant is the owner at that date.

Acts 1957, No. 258, § 4; A.S.A. 1947, § 53-133.
Ark. Code Ann. § 15-71-114 — AR Code / Title 15 / Chapter 71 / Section 15-71-114
Permit required for field seismic operations
Status: in_force

(a) (1) Any person or entity desiring to perform field seismic operations in the state shall make application to the Oil and Gas Commission for a permit to do so. (2) (A) The application for a permit shall be made on forms prescribed by the commission. (B) The application shall include the name and principal business address of the applicant, the location in the state where the applicant plans to conduct field seismic operations, a designated agent for service of process in Arkansas, and such other information as may be prescribed by rule of the commission. (3) (A) The application shall be accompanied by a financial assurance acceptable to the commission in the amount of fifty thousand dollars ($50,000) or such larger amount as may be prescribed by the commission not to exceed two hundred fifty thousand dollars ($250,000). (B) The financial assurance shall be executed by the applicant, as principal, and a corporate surety approved by the commission and shall be conditioned that the permittee shall pay all damages resulting from the seismic operations. (C) The financial assurance shall be maintained at an amount not less than fifty thousand dollars ($50,000) nor more than two hundred fifty thousand dollars ($250,000) as may be set by the commission, so long as the permittee is conducting field seismic operations in the state and until released by the commission. (D) (i) Any surface owner seeking to recover under a financial assurance as described in subdivisions (a)(3)(A)-(C) of this section for damages caused by the performance of the field seismic operations shall file written notice of claim for the damages with the commission within one (1) year of the date of expiration of the permit for conducting such operations. (ii) However, the claim shall be subordinate to the rights of the commission under the financial assurance to secure compliance by the permittee with the provisions of this section and the rules of the commission promulgated under this section. (b) The commission shall have authority to make such reasonable rules and orders as necessary from time to time for the proper administration and enforcement of this section and to require the payment of a registration fee of two hundred fifty dollars ($250) or such sum as the commission may prescribe for each application for registration filed under this section. However, in no event shall the fee exceed five hundred dollars ($500). (c) It is unlawful for any person or entity to perform any field seismic operations in the state unless the person or entity first obtains a permit to do so as provided for in this section. (d) (1) Any person who conducts any field seismic operation in the state without having obtained a permit under this section or without having fully complied with the provisions of this section or any rules adopted by the commission under this section is subject to a civil penalty of two thousand five hundred dollars ($2,500) for each day the operation continues. (2) Any person who, for the purpose of evading this section or any rule or order made under this section, intentionally makes or causes to be made any false entry or statement of fact in any application report required to be made by this section or by any rule or order made under this section, or who, for such a purpose, omits to make or causes to be omitted, any entry, statement of fact, or report required to be made by this section or any rule or order made under this section, or who, for such a purpose, moves out of the jurisdiction of the state, shall be guilty of a misdemeanor and shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term of not more than six (6) months, or to both such fine and imprisonment. Amended by Act 2019, No. 315,§ 1232, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1231, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1230, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1229, eff. 7/24/2019. Acts 1991, No. 5, §§ 1-3; 1993, No. 342, § 1; 2005, No. 1267, § 2; 2009, No. 1175, § 11.

(a) (1) Any person or entity desiring to perform field seismic operations in the state shall make application to the Oil and Gas Commission for a permit to do so. (2) (A) The application for a permit shall be made on forms prescribed by the commission. (B) The application shall include the name and principal business address of the applicant, the location in the state where the applicant plans to conduct field seismic operations, a designated agent for service of process in Arkansas, and such other information as may be prescribed by rule of the commission. (3) (A) The application shall be accompanied by a financial assurance acceptable to the commission in the amount of fifty thousand dollars ($50,000) or such larger amount as may be prescribed by the commission not to exceed two hundred fifty thousand dollars ($250,000). (B) The financial assurance shall be executed by the applicant, as principal, and a corporate surety approved by the commission and shall be conditioned that the permittee shall pay all damages resulting from the seismic operations. (C) The financial assurance shall be maintained at an amount not less than fifty thousand dollars ($50,000) nor more than two hundred fifty thousand dollars ($250,000) as may be set by the commission, so long as the permittee is conducting field seismic operations in the state and until released by the commission. (D) (i) Any surface owner seeking to recover under a financial assurance as described in subdivisions (a)(3)(A)-(C) of this section for damages caused by the performance of the field seismic operations shall file written notice of claim for the damages with the commission within one (1) year of the date of expiration of the permit for conducting such operations. (ii) However, the claim shall be subordinate to the rights of the commission under the financial assurance to secure compliance by the permittee with the provisions of this section and the rules of the commission promulgated under this section.

(1) Any person or entity desiring to perform field seismic operations in the state shall make application to the Oil and Gas Commission for a permit to do so.

(2) (A) The application for a permit shall be made on forms prescribed by the commission. (B) The application shall include the name and principal business address of the applicant, the location in the state where the applicant plans to conduct field seismic operations, a designated agent for service of process in Arkansas, and such other information as may be prescribed by rule of the commission.

(A) The application for a permit shall be made on forms prescribed by the commission.

(B) The application shall include the name and principal business address of the applicant, the location in the state where the applicant plans to conduct field seismic operations, a designated agent for service of process in Arkansas, and such other information as may be prescribed by rule of the commission.

(3) (A) The application shall be accompanied by a financial assurance acceptable to the commission in the amount of fifty thousand dollars ($50,000) or such larger amount as may be prescribed by the commission not to exceed two hundred fifty thousand dollars ($250,000). (B) The financial assurance shall be executed by the applicant, as principal, and a corporate surety approved by the commission and shall be conditioned that the permittee shall pay all damages resulting from the seismic operations. (C) The financial assurance shall be maintained at an amount not less than fifty thousand dollars ($50,000) nor more than two hundred fifty thousand dollars ($250,000) as may be set by the commission, so long as the permittee is conducting field seismic operations in the state and until released by the commission. (D) (i) Any surface owner seeking to recover under a financial assurance as described in subdivisions (a)(3)(A)-(C) of this section for damages caused by the performance of the field seismic operations shall file written notice of claim for the damages with the commission within one (1) year of the date of expiration of the permit for conducting such operations. (ii) However, the claim shall be subordinate to the rights of the commission under the financial assurance to secure compliance by the permittee with the provisions of this section and the rules of the commission promulgated under this section.

(A) The application shall be accompanied by a financial assurance acceptable to the commission in the amount of fifty thousand dollars ($50,000) or such larger amount as may be prescribed by the commission not to exceed two hundred fifty thousand dollars ($250,000).

(B) The financial assurance shall be executed by the applicant, as principal, and a corporate surety approved by the commission and shall be conditioned that the permittee shall pay all damages resulting from the seismic operations.

(C) The financial assurance shall be maintained at an amount not less than fifty thousand dollars ($50,000) nor more than two hundred fifty thousand dollars ($250,000) as may be set by the commission, so long as the permittee is conducting field seismic operations in the state and until released by the commission.

(D) (i) Any surface owner seeking to recover under a financial assurance as described in subdivisions (a)(3)(A)-(C) of this section for damages caused by the performance of the field seismic operations shall file written notice of claim for the damages with the commission within one (1) year of the date of expiration of the permit for conducting such operations. (ii) However, the claim shall be subordinate to the rights of the commission under the financial assurance to secure compliance by the permittee with the provisions of this section and the rules of the commission promulgated under this section.

(i) Any surface owner seeking to recover under a financial assurance as described in subdivisions (a)(3)(A)-(C) of this section for damages caused by the performance of the field seismic operations shall file written notice of claim for the damages with the commission within one (1) year of the date of expiration of the permit for conducting such operations.

(ii) However, the claim shall be subordinate to the rights of the commission under the financial assurance to secure compliance by the permittee with the provisions of this section and the rules of the commission promulgated under this section.

(b) The commission shall have authority to make such reasonable rules and orders as necessary from time to time for the proper administration and enforcement of this section and to require the payment of a registration fee of two hundred fifty dollars ($250) or such sum as the commission may prescribe for each application for registration filed under this section. However, in no event shall the fee exceed five hundred dollars ($500).

(c) It is unlawful for any person or entity to perform any field seismic operations in the state unless the person or entity first obtains a permit to do so as provided for in this section.

(d) (1) Any person who conducts any field seismic operation in the state without having obtained a permit under this section or without having fully complied with the provisions of this section or any rules adopted by the commission under this section is subject to a civil penalty of two thousand five hundred dollars ($2,500) for each day the operation continues. (2) Any person who, for the purpose of evading this section or any rule or order made under this section, intentionally makes or causes to be made any false entry or statement of fact in any application report required to be made by this section or by any rule or order made under this section, or who, for such a purpose, omits to make or causes to be omitted, any entry, statement of fact, or report required to be made by this section or any rule or order made under this section, or who, for such a purpose, moves out of the jurisdiction of the state, shall be guilty of a misdemeanor and shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term of not more than six (6) months, or to both such fine and imprisonment.

(1) Any person who conducts any field seismic operation in the state without having obtained a permit under this section or without having fully complied with the provisions of this section or any rules adopted by the commission under this section is subject to a civil penalty of two thousand five hundred dollars ($2,500) for each day the operation continues.

(2) Any person who, for the purpose of evading this section or any rule or order made under this section, intentionally makes or causes to be made any false entry or statement of fact in any application report required to be made by this section or by any rule or order made under this section, or who, for such a purpose, omits to make or causes to be omitted, any entry, statement of fact, or report required to be made by this section or any rule or order made under this section, or who, for such a purpose, moves out of the jurisdiction of the state, shall be guilty of a misdemeanor and shall be subject to a fine of not more than five thousand dollars ($5,000) or imprisonment for a term of not more than six (6) months, or to both such fine and imprisonment.

Amended by Act 2019, No. 315,§ 1232, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1231, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1230, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1229, eff. 7/24/2019.

Acts 1991, No. 5, §§ 1-3; 1993, No. 342, § 1; 2005, No. 1267, § 2; 2009, No. 1175, § 11.
Ark. Code Ann. § 15-22-1203 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1203
Definitions
Status: in_force

As used in this subchapter: (1) "Acquire" means to acquire by purchase, lease, devise, gift, or other mode of acquisition and by any method selected by a Sparta Aquifer critical groundwater county conservation board; (2) "Aquifer water" means water removed from the Sparta Aquifer; (3) "Commission" means the Arkansas Natural Resources Commission; (4) "Conservation fee" means any fee fixed pursuant to this subchapter and levied upon any registered water user or significant water user; (5) "Construct" means to construct, equip, install, or to otherwise develop by any means selected by a board; (6) "County" means any Arkansas county: (A) In which at least ninety percent (90%) of the reported groundwater usage from the Sparta Aquifer is for municipal and industrial purposes as of July 1, 2005; and (B) Which has been or is found and determined by the commission to be within a critical groundwater area prior to July 1, 2005, within the meaning of the Arkansas Groundwater Protection and Management Act, § 15-22-901 et seq.; (7) "Improvement plan" means a plan to carry out the construction and acquisition of water facilities or to provide for the conservation of aquifer water, or both; (8) "Major water user" means any person that during any month of the year, averages withdrawal from the Sparta Aquifer of one million (1,000,000) or more gallons of aquifer water per day; (9) "Person" means any natural person, firm, association, corporation, trust, partnership, governmental agency, state or political subdivision, county, municipality, or other legal entity; (10) (A) "Registered water user" means any person that, whether as an owner, lessee, operator, or otherwise, including a board, operates one (1) or more wells with a minimum potential flow rate of fifty thousand gallons (50,000 gals.) or more of aquifer water per day and is required to register with the commission under § 15-22-302 . (B) The withdrawal of aquifer water which is expected to be returned to an aquifer by the user does not cause a person to be a registered water user; (11) "Revenues" means revenues derived from any source, including, without limitation, the wholesale or retail sale of water and the conservation fees; (12) "Significant water user" means any person that, whether as owner, lessee, operator, or otherwise, including a board, operates one (1) or more wells with a maximum flow rate of less than fifty thousand gallons (50,000 gals.) of aquifer water per day and is determined by the board to be using aquifer water for other than domestic purposes; (13) "Sparta Aquifer critical groundwater county conservation board" or "board" means any board established pursuant to this subchapter; and (14) "Water facilities" means any facilities for the withdrawal, storage, transportation, treatment, or distribution of water, together with any properties, real, personal, or mixed, tangible or intangible, related or appropriate thereto. Acts 1999, No. 1050, § 3; 2005, No. 1774, § 2.

As used in this subchapter:

(1) "Acquire" means to acquire by purchase, lease, devise, gift, or other mode of acquisition and by any method selected by a Sparta Aquifer critical groundwater county conservation board;

(2) "Aquifer water" means water removed from the Sparta Aquifer;

(3) "Commission" means the Arkansas Natural Resources Commission;

(4) "Conservation fee" means any fee fixed pursuant to this subchapter and levied upon any registered water user or significant water user;

(5) "Construct" means to construct, equip, install, or to otherwise develop by any means selected by a board;

(6) "County" means any Arkansas county: (A) In which at least ninety percent (90%) of the reported groundwater usage from the Sparta Aquifer is for municipal and industrial purposes as of July 1, 2005; and (B) Which has been or is found and determined by the commission to be within a critical groundwater area prior to July 1, 2005, within the meaning of the Arkansas Groundwater Protection and Management Act, § 15-22-901 et seq.;

(A) In which at least ninety percent (90%) of the reported groundwater usage from the Sparta Aquifer is for municipal and industrial purposes as of July 1, 2005; and

(B) Which has been or is found and determined by the commission to be within a critical groundwater area prior to July 1, 2005, within the meaning of the Arkansas Groundwater Protection and Management Act, § 15-22-901 et seq.;

(7) "Improvement plan" means a plan to carry out the construction and acquisition of water facilities or to provide for the conservation of aquifer water, or both;

(8) "Major water user" means any person that during any month of the year, averages withdrawal from the Sparta Aquifer of one million (1,000,000) or more gallons of aquifer water per day;

(9) "Person" means any natural person, firm, association, corporation, trust, partnership, governmental agency, state or political subdivision, county, municipality, or other legal entity;

(10) (A) "Registered water user" means any person that, whether as an owner, lessee, operator, or otherwise, including a board, operates one (1) or more wells with a minimum potential flow rate of fifty thousand gallons (50,000 gals.) or more of aquifer water per day and is required to register with the commission under § 15-22-302 . (B) The withdrawal of aquifer water which is expected to be returned to an aquifer by the user does not cause a person to be a registered water user;

(A) "Registered water user" means any person that, whether as an owner, lessee, operator, or otherwise, including a board, operates one (1) or more wells with a minimum potential flow rate of fifty thousand gallons (50,000 gals.) or more of aquifer water per day and is required to register with the commission under § 15-22-302 .

(B) The withdrawal of aquifer water which is expected to be returned to an aquifer by the user does not cause a person to be a registered water user;

(11) "Revenues" means revenues derived from any source, including, without limitation, the wholesale or retail sale of water and the conservation fees;

(12) "Significant water user" means any person that, whether as owner, lessee, operator, or otherwise, including a board, operates one (1) or more wells with a maximum flow rate of less than fifty thousand gallons (50,000 gals.) of aquifer water per day and is determined by the board to be using aquifer water for other than domestic purposes;

(13) "Sparta Aquifer critical groundwater county conservation board" or "board" means any board established pursuant to this subchapter; and

(14) "Water facilities" means any facilities for the withdrawal, storage, transportation, treatment, or distribution of water, together with any properties, real, personal, or mixed, tangible or intangible, related or appropriate thereto.

Acts 1999, No. 1050, § 3; 2005, No. 1774, § 2.
Ark. Code Ann. § 15-21-502 — AR Code / Title 15 / Chapter 21 / Subchapter 5 / Section 15-21-502
Definitions
Status: in_force

As used in this subchapter: (1) "Agency" means any agency or instrumentality of the State of Arkansas that utilizes geographic information systems data; (2) "Arkansas Geographic Information Systems Office" means the office that provides administrative and technical support to the Arkansas Geographic Information Systems Board, including, but not limited to, staff, hardware, software, and representation; (3) "Arkansas Spatial Data Infrastructure" means the combination of state framework data, data repository, or GeoStor, distribution mechanisms, and the staff and organizational structures necessary to accomplish these activities; (4) "Digital basemap" means a computerized representation of map information; (5) "Digital cadastre" means the storage and manipulation of computerized representations of parcel maps and linked parcel databases; (6) "Framework data" means commonly needed data themes developed, maintained, and integrated by public and private organizations within a geographic area. These data themes include, but are not limited to, digital cadastre, public land survey system, elevation, geodetic control, governmental units, hydrography, orthoimagery, transportation, soils, and geology; (7) "Metadata" means a description of the content, ancestry and source, quality, database schema, and accuracy of digital map data; (8) "Spatial data" means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies; (9) "Spatial data repository" means the physical location and content of the state's consolidated spatial data; (10) "State Chief Technology Officer" means the Director of the Division of Information Systems; (11) "State Geodetic Advisor" means the coordinator of the state's network of geodetic control monuments; (12) "State Geographic Information Officer" means the person who provides administrative and technical support to the board; and (13) "State of Arkansas Enterprise Architecture" means the same as the definition set out at § 25-4-103(16) . Amended by Act 2019, No. 910,§ 6073, eff. 7/1/2019. Amended by Act 2015, No. 103,§ 9, eff. 7/22/2015. Acts 1995, No. 1259, §§ 2, 7; 1997, No. 914, § 27; 2001, No. 1250, § 2; 2003, No. 1473, § 32; 2009, No. 244, § 1.

As used in this subchapter:

(1) "Agency" means any agency or instrumentality of the State of Arkansas that utilizes geographic information systems data;

(2) "Arkansas Geographic Information Systems Office" means the office that provides administrative and technical support to the Arkansas Geographic Information Systems Board, including, but not limited to, staff, hardware, software, and representation;

(3) "Arkansas Spatial Data Infrastructure" means the combination of state framework data, data repository, or GeoStor, distribution mechanisms, and the staff and organizational structures necessary to accomplish these activities;

(4) "Digital basemap" means a computerized representation of map information;

(5) "Digital cadastre" means the storage and manipulation of computerized representations of parcel maps and linked parcel databases;

(6) "Framework data" means commonly needed data themes developed, maintained, and integrated by public and private organizations within a geographic area. These data themes include, but are not limited to, digital cadastre, public land survey system, elevation, geodetic control, governmental units, hydrography, orthoimagery, transportation, soils, and geology;

(7) "Metadata" means a description of the content, ancestry and source, quality, database schema, and accuracy of digital map data;

(8) "Spatial data" means information that identifies the geographic location and characteristics of natural or constructed features and boundaries on the earth. This information may be derived from, among other things, remote sensing, mapping, and surveying technologies;

(9) "Spatial data repository" means the physical location and content of the state's consolidated spatial data;

(10) "State Chief Technology Officer" means the Director of the Division of Information Systems;

(11) "State Geodetic Advisor" means the coordinator of the state's network of geodetic control monuments;

(12) "State Geographic Information Officer" means the person who provides administrative and technical support to the board; and

(13) "State of Arkansas Enterprise Architecture" means the same as the definition set out at § 25-4-103(16) .

Amended by Act 2019, No. 910,§ 6073, eff. 7/1/2019.

Amended by Act 2015, No. 103,§ 9, eff. 7/22/2015.

Acts 1995, No. 1259, §§ 2, 7; 1997, No. 914, § 27; 2001, No. 1250, § 2; 2003, No. 1473, § 32; 2009, No. 244, § 1.
Ark. Code Ann. § 15-4-1031 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1031
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 2003, No. 860, § 9.

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

Acts 2003, No. 860, § 9.
Ark. Code Ann. § 15-72-323 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-323
Notice of public hearings
Status: in_force

If public hearings are required, notice of public hearings before the Oil and Gas Commission as provided for in this subchapter shall be given as follows: (1) An applicant shall give notice of the public hearing to be held upon an application by one (1) publication at least ten (10) days before the date of the public hearing, but not more than thirty (30) days before the public hearing, in a legal newspaper having a general circulation in the county, or in each county, if there are more than one (1), in which the lands embraced within the application are situated, except that, as to any public hearing pertaining to a matter of general application throughout the State of Arkansas, the notice shall be published in a legal newspaper having statewide circulation; and (2) The cost of publication shall be paid for by the applicant. Amended by Act 2015, No. 906,§ 3, eff. 7/22/2015. Acts 1939, No. 105, § 15; 1971, No. 351, § 1; A.S.A. 1947, § 53-115.

If public hearings are required, notice of public hearings before the Oil and Gas Commission as provided for in this subchapter shall be given as follows:

(1) An applicant shall give notice of the public hearing to be held upon an application by one (1) publication at least ten (10) days before the date of the public hearing, but not more than thirty (30) days before the public hearing, in a legal newspaper having a general circulation in the county, or in each county, if there are more than one (1), in which the lands embraced within the application are situated, except that, as to any public hearing pertaining to a matter of general application throughout the State of Arkansas, the notice shall be published in a legal newspaper having statewide circulation; and

(2) The cost of publication shall be paid for by the applicant.

Amended by Act 2015, No. 906,§ 3, eff. 7/22/2015.

Acts 1939, No. 105, § 15; 1971, No. 351, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-11-406 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-406
Grants from Department of Parks, Heritage, and Tourism
Status: in_force

(a) (1) Upon approval of the State Parks, Recreation, and Travel Commission, the Department of Parks, Heritage, and Tourism may make grants from funds specifically appropriated for such purposes to regional tourist promotion agencies, to assist such regional tourist promotion agencies in the financing of promotional and advertising programs, and to encourage and stimulate tourist travel and vacation business within the natural planning region. (2) Before a grant under subdivision (a)(1) of this section may be made: (A) (i) The regional tourist promotion agency shall have made application to the commission or the department for such a grant and shall have set forth therein the promotion and advertising program and project proposed to be undertaken for the purpose of encouraging and stimulating the tourist travel and vacation business within the natural planning region. (ii) The application shall further state, under oath or affirmation, the amount of funds held by or committed or subscribed to the regional tourist promotion agency for application to the purposes described in this section and the amount of the grant for which application is made; and (B) (i) If after review of the application the commission is satisfied that the program of the regional tourist promotion agency appears to be in accord with the purposes of this subchapter, the commission shall authorize the making of a matching grant to the regional tourist promotion agency equal to the funds of the regional tourist promotion agency allocated by the regional tourist promotion agency to the program described in the application. (ii) However, the state grant shall not exceed an amount equal to the total amount apportioned to the natural planning region as outlined in this subchapter. (b) (1) Funds appropriated to the department for tourism or museum grants may be used to make grants to cities and counties for the purpose of feasibility studies for tourism attractions. (2) A grant made under subdivision (b)(1) of this section shall: (A) Be on a one-to-one dollar matching basis; and (B) Not exceed fifteen thousand dollars ($15,000) in state funds per grant. (3) The department may promulgate rules to administer the grant program under this subsection. (4) After awarding a grant under this subsection, the Secretary of the Department of Parks, Heritage, and Tourism shall notify members of the General Assembly who represent the district in which the grantee is located. Amended by Act 2023, No. 344,§ 23, eff. 7/1/2023. Amended by Act 2019, No. 910,§ 5642, eff. 7/1/2019. Acts 1969, No. 310, § 4; 1971, No. 368, § 1; 1973, No. 336, § 1; A.S.A. 1947, § 9-224.

(a) (1) Upon approval of the State Parks, Recreation, and Travel Commission, the Department of Parks, Heritage, and Tourism may make grants from funds specifically appropriated for such purposes to regional tourist promotion agencies, to assist such regional tourist promotion agencies in the financing of promotional and advertising programs, and to encourage and stimulate tourist travel and vacation business within the natural planning region. (2) Before a grant under subdivision (a)(1) of this section may be made: (A) (i) The regional tourist promotion agency shall have made application to the commission or the department for such a grant and shall have set forth therein the promotion and advertising program and project proposed to be undertaken for the purpose of encouraging and stimulating the tourist travel and vacation business within the natural planning region. (ii) The application shall further state, under oath or affirmation, the amount of funds held by or committed or subscribed to the regional tourist promotion agency for application to the purposes described in this section and the amount of the grant for which application is made; and (B) (i) If after review of the application the commission is satisfied that the program of the regional tourist promotion agency appears to be in accord with the purposes of this subchapter, the commission shall authorize the making of a matching grant to the regional tourist promotion agency equal to the funds of the regional tourist promotion agency allocated by the regional tourist promotion agency to the program described in the application. (ii) However, the state grant shall not exceed an amount equal to the total amount apportioned to the natural planning region as outlined in this subchapter.

(1) Upon approval of the State Parks, Recreation, and Travel Commission, the Department of Parks, Heritage, and Tourism may make grants from funds specifically appropriated for such purposes to regional tourist promotion agencies, to assist such regional tourist promotion agencies in the financing of promotional and advertising programs, and to encourage and stimulate tourist travel and vacation business within the natural planning region.

(2) Before a grant under subdivision (a)(1) of this section may be made: (A) (i) The regional tourist promotion agency shall have made application to the commission or the department for such a grant and shall have set forth therein the promotion and advertising program and project proposed to be undertaken for the purpose of encouraging and stimulating the tourist travel and vacation business within the natural planning region. (ii) The application shall further state, under oath or affirmation, the amount of funds held by or committed or subscribed to the regional tourist promotion agency for application to the purposes described in this section and the amount of the grant for which application is made; and (B) (i) If after review of the application the commission is satisfied that the program of the regional tourist promotion agency appears to be in accord with the purposes of this subchapter, the commission shall authorize the making of a matching grant to the regional tourist promotion agency equal to the funds of the regional tourist promotion agency allocated by the regional tourist promotion agency to the program described in the application. (ii) However, the state grant shall not exceed an amount equal to the total amount apportioned to the natural planning region as outlined in this subchapter.

(A) (i) The regional tourist promotion agency shall have made application to the commission or the department for such a grant and shall have set forth therein the promotion and advertising program and project proposed to be undertaken for the purpose of encouraging and stimulating the tourist travel and vacation business within the natural planning region. (ii) The application shall further state, under oath or affirmation, the amount of funds held by or committed or subscribed to the regional tourist promotion agency for application to the purposes described in this section and the amount of the grant for which application is made; and

(i) The regional tourist promotion agency shall have made application to the commission or the department for such a grant and shall have set forth therein the promotion and advertising program and project proposed to be undertaken for the purpose of encouraging and stimulating the tourist travel and vacation business within the natural planning region.

(ii) The application shall further state, under oath or affirmation, the amount of funds held by or committed or subscribed to the regional tourist promotion agency for application to the purposes described in this section and the amount of the grant for which application is made; and

(B) (i) If after review of the application the commission is satisfied that the program of the regional tourist promotion agency appears to be in accord with the purposes of this subchapter, the commission shall authorize the making of a matching grant to the regional tourist promotion agency equal to the funds of the regional tourist promotion agency allocated by the regional tourist promotion agency to the program described in the application. (ii) However, the state grant shall not exceed an amount equal to the total amount apportioned to the natural planning region as outlined in this subchapter.

(i) If after review of the application the commission is satisfied that the program of the regional tourist promotion agency appears to be in accord with the purposes of this subchapter, the commission shall authorize the making of a matching grant to the regional tourist promotion agency equal to the funds of the regional tourist promotion agency allocated by the regional tourist promotion agency to the program described in the application.

(ii) However, the state grant shall not exceed an amount equal to the total amount apportioned to the natural planning region as outlined in this subchapter.

(b) (1) Funds appropriated to the department for tourism or museum grants may be used to make grants to cities and counties for the purpose of feasibility studies for tourism attractions. (2) A grant made under subdivision (b)(1) of this section shall: (A) Be on a one-to-one dollar matching basis; and (B) Not exceed fifteen thousand dollars ($15,000) in state funds per grant. (3) The department may promulgate rules to administer the grant program under this subsection. (4) After awarding a grant under this subsection, the Secretary of the Department of Parks, Heritage, and Tourism shall notify members of the General Assembly who represent the district in which the grantee is located.

(1) Funds appropriated to the department for tourism or museum grants may be used to make grants to cities and counties for the purpose of feasibility studies for tourism attractions.

(2) A grant made under subdivision (b)(1) of this section shall: (A) Be on a one-to-one dollar matching basis; and (B) Not exceed fifteen thousand dollars ($15,000) in state funds per grant.

(A) Be on a one-to-one dollar matching basis; and

(B) Not exceed fifteen thousand dollars ($15,000) in state funds per grant.

(3) The department may promulgate rules to administer the grant program under this subsection.

(4) After awarding a grant under this subsection, the Secretary of the Department of Parks, Heritage, and Tourism shall notify members of the General Assembly who represent the district in which the grantee is located.

Amended by Act 2023, No. 344,§ 23, eff. 7/1/2023.

Amended by Act 2019, No. 910,§ 5642, eff. 7/1/2019.

Acts 1969, No. 310, § 4; 1971, No. 368, § 1; 1973, No. 336, § 1; A.S.A. 1947, § 9-224.
Ark. Code Ann. § 15-4-926 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-926
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 24; A.S.A. 1947, § 67-1624.

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

Acts 1957, No. 567, § 24; A.S.A. 1947, § 67-1624.
Ark. Code Ann. § 15-4-2902 — AR Code / Title 15 / Chapter 4 / Subchapter 29 / Section 15-4-2902
[Repealed]
Status: repealed

Repealed by Act 2017, No. 374,§ 10, eff. 8/1/2017. Acts 2003, No. 1204, § 2.

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

Acts 2003, No. 1204, § 2.
Ark. Code Ann. § 15-22-1211 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1211
Compensation - Liability - Meetings
Status: in_force

(a) The members of the Sparta Aquifer critical groundwater county conservation board shall receive no compensation but shall be entitled to reimbursement for out-of-pocket expenses by the procedure and in the amounts provided for employees of the State of Arkansas under § 25-16-902 . (b) Members of the board shall be immune from liability for acts and omissions within the scope of their duties as board members, except in cases of gross negligence or wanton misconduct. (c) Boards shall be authorized to acquire liability insurance for the benefit and protection of the members of the board and, except in cases of gross negligence or wanton misconduct, to reimburse members of the board in the event of liability. (d) Promptly upon their appointment, the members of the board shall meet and organize and shall elect a president, vice president, and secretary-treasurer and shall adopt bylaws which shall govern their proceedings. (e) (1) Regular meetings of the board shall be held not less frequently than quarterly, as determined by the board, at the office of the board. (2) All meetings are subject to the open meetings and public meetings requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq. (f) (1) Special meetings of the board may be held at any time upon waiver of notice by all members or may be called by the president or by any two (2) members at any time, provided that notice signed by the person or persons calling any special meeting shall be mailed to each member of the board at least seven (7) days prior to the time fixed for the special meeting. (2) Emergency special meetings of the board may be held on the call of the president or vice president in the president's absence, provided a written notice is delivered by a member of the board or a designated agent whose name is set out in the notice to each member of the board at least three (3) working days prior to the time fixed for the emergency special meeting. (g) (1) A majority of the members of the board shall constitute a quorum for the transaction of business. (2) In the absence of any of the elected officers of the board, a quorum at any meeting may select a member to act as presiding officer. Acts 1999, No. 1050, § 11.

(a) The members of the Sparta Aquifer critical groundwater county conservation board shall receive no compensation but shall be entitled to reimbursement for out-of-pocket expenses by the procedure and in the amounts provided for employees of the State of Arkansas under § 25-16-902 .

(b) Members of the board shall be immune from liability for acts and omissions within the scope of their duties as board members, except in cases of gross negligence or wanton misconduct.

(c) Boards shall be authorized to acquire liability insurance for the benefit and protection of the members of the board and, except in cases of gross negligence or wanton misconduct, to reimburse members of the board in the event of liability.

(d) Promptly upon their appointment, the members of the board shall meet and organize and shall elect a president, vice president, and secretary-treasurer and shall adopt bylaws which shall govern their proceedings.

(e) (1) Regular meetings of the board shall be held not less frequently than quarterly, as determined by the board, at the office of the board. (2) All meetings are subject to the open meetings and public meetings requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(1) Regular meetings of the board shall be held not less frequently than quarterly, as determined by the board, at the office of the board.

(2) All meetings are subject to the open meetings and public meetings requirements of the Freedom of Information Act of 1967, § 25-19-101 et seq.

(f) (1) Special meetings of the board may be held at any time upon waiver of notice by all members or may be called by the president or by any two (2) members at any time, provided that notice signed by the person or persons calling any special meeting shall be mailed to each member of the board at least seven (7) days prior to the time fixed for the special meeting. (2) Emergency special meetings of the board may be held on the call of the president or vice president in the president's absence, provided a written notice is delivered by a member of the board or a designated agent whose name is set out in the notice to each member of the board at least three (3) working days prior to the time fixed for the emergency special meeting.

(1) Special meetings of the board may be held at any time upon waiver of notice by all members or may be called by the president or by any two (2) members at any time, provided that notice signed by the person or persons calling any special meeting shall be mailed to each member of the board at least seven (7) days prior to the time fixed for the special meeting.

(2) Emergency special meetings of the board may be held on the call of the president or vice president in the president's absence, provided a written notice is delivered by a member of the board or a designated agent whose name is set out in the notice to each member of the board at least three (3) working days prior to the time fixed for the emergency special meeting.

(g) (1) A majority of the members of the board shall constitute a quorum for the transaction of business. (2) In the absence of any of the elected officers of the board, a quorum at any meeting may select a member to act as presiding officer.

(1) A majority of the members of the board shall constitute a quorum for the transaction of business.

(2) In the absence of any of the elected officers of the board, a quorum at any meeting may select a member to act as presiding officer.

Acts 1999, No. 1050, § 11.
Ark. Code Ann. § 15-74-501 — AR Code / Title 15 / Chapter 74 / Subchapter 5 / Section 15-74-501
Prohibition against discrimination in purchase price of crude oil from different pools
Status: in_force

(a) (1) Any person engaged in the business of buying any crude oil for manufacture or sale thereof, who shall discriminate between different pools of crude oil in this state by purchasing crude oil at a lower price in one (1) pool than is paid for crude oil of the same kind, quality, and grade by that person in another pool after making due allowance for the difference, if any, in the reasonable cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful. (2) Provided, however, any person engaged in the business of buying any crude oil for the manufacture or sale thereof shall not be guilty of unfair discrimination if such person is responding to or competing with or matching prices offered by other purchasers of crude oil for manufacture or sale thereof. (b) Any person who shall be convicted of unfair discrimination, as defined by this section: (1) Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and (2) Shall be enjoined, upon the application of the State of Arkansas or any person injured by that discrimination, from engaging directly or indirectly in the business of purchasing any such commodities. (c) Any person injured by that discrimination shall recover treble the amount of his or her damages resulting from that unfair discrimination, and the costs and expenses of the litigation, including a reasonable attorney's fee to be fixed by the court. (d) As used in this section: (1) "Person" means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors; (2) "Pool" shall have the same meaning as that term is defined and used in §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 . (e) The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state. Acts 1973, No. 304, §§ 1-4; A.S.A. 1947, §§ 53-521 -- 53-524; Acts 1991, No. 133, § 1.

(a) (1) Any person engaged in the business of buying any crude oil for manufacture or sale thereof, who shall discriminate between different pools of crude oil in this state by purchasing crude oil at a lower price in one (1) pool than is paid for crude oil of the same kind, quality, and grade by that person in another pool after making due allowance for the difference, if any, in the reasonable cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful. (2) Provided, however, any person engaged in the business of buying any crude oil for the manufacture or sale thereof shall not be guilty of unfair discrimination if such person is responding to or competing with or matching prices offered by other purchasers of crude oil for manufacture or sale thereof.

(1) Any person engaged in the business of buying any crude oil for manufacture or sale thereof, who shall discriminate between different pools of crude oil in this state by purchasing crude oil at a lower price in one (1) pool than is paid for crude oil of the same kind, quality, and grade by that person in another pool after making due allowance for the difference, if any, in the reasonable cost of transportation from the locality of purchase to the locality of manufacture or sale, shall be deemed guilty of unfair discrimination, which is prohibited and declared to be unlawful.

(2) Provided, however, any person engaged in the business of buying any crude oil for the manufacture or sale thereof shall not be guilty of unfair discrimination if such person is responding to or competing with or matching prices offered by other purchasers of crude oil for manufacture or sale thereof.

(b) Any person who shall be convicted of unfair discrimination, as defined by this section: (1) Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and (2) Shall be enjoined, upon the application of the State of Arkansas or any person injured by that discrimination, from engaging directly or indirectly in the business of purchasing any such commodities.

(1) Shall be fined for each offense not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000); and

(2) Shall be enjoined, upon the application of the State of Arkansas or any person injured by that discrimination, from engaging directly or indirectly in the business of purchasing any such commodities.

(c) Any person injured by that discrimination shall recover treble the amount of his or her damages resulting from that unfair discrimination, and the costs and expenses of the litigation, including a reasonable attorney's fee to be fixed by the court.

(d) As used in this section: (1) "Person" means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors; (2) "Pool" shall have the same meaning as that term is defined and used in §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 .

(1) "Person" means any individual, firm, corporation, partnership, association, trustee, receiver, or assignee for the benefit of creditors;

(2) "Pool" shall have the same meaning as that term is defined and used in §§ 15-71-101 - 15-71-112 , 15-72-101 - 15-72-110 , 15-72-205 , 15-72-212 , 15-72-216 , 15-72-301 - 15-72-324 , and 15-72-401 - 15-72-407 .

(e) The provisions hereof shall be held cumulative of each other and of all other laws in any way affecting them now in force in this state.

Acts 1973, No. 304, §§ 1-4; A.S.A. 1947, §§ 53-521 -- 53-524; Acts 1991, No. 133, § 1.
Ark. Code Ann. § 15-4-1807 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1807
State assistance
Status: in_force

(a) If the application is approved, the State Board of Finance shall fix the amount of state assistance to the state agency or political subdivision to repay its investment or for paying debt service on the bonds issued to finance, in whole or in part, the eligible facility, if requested by the state agency or political subdivision and, on behalf of the state, shall enter into an agreement providing for the payment of the amount so fixed in quarterly payments and shall certify the amount to the Treasurer of State. (b) If the state agency or political subdivision issues two (2) or more issues of bonds to finance an eligible facility, the amount of state assistance shall be fixed separately for each issue. (c) The total amount of state assistance shall be fixed at no more than the additional state income tax revenues directly generated by the eligible facility. (d) It shall be a condition to any payments under this subchapter that the state agency or political subdivision has issued and has outstanding its bonds for the purpose of financing, in whole or in part, the eligible facility, but this shall not limit the provisions in this subchapter for repayment of a state agency's or political subdivision's investment heretofore made in an eligible facility. (e) The payments provided for in this subchapter shall be subject to the specific appropriation by the General Assembly and shall be for a term of not longer than two (2) years, but, subject to the appropriation by the General Assembly, shall be extended from time to time for additional terms of not to exceed two (2) years each. Acts 1993, No. 1165, § 8.

(a) If the application is approved, the State Board of Finance shall fix the amount of state assistance to the state agency or political subdivision to repay its investment or for paying debt service on the bonds issued to finance, in whole or in part, the eligible facility, if requested by the state agency or political subdivision and, on behalf of the state, shall enter into an agreement providing for the payment of the amount so fixed in quarterly payments and shall certify the amount to the Treasurer of State.

(b) If the state agency or political subdivision issues two (2) or more issues of bonds to finance an eligible facility, the amount of state assistance shall be fixed separately for each issue.

(c) The total amount of state assistance shall be fixed at no more than the additional state income tax revenues directly generated by the eligible facility.

(d) It shall be a condition to any payments under this subchapter that the state agency or political subdivision has issued and has outstanding its bonds for the purpose of financing, in whole or in part, the eligible facility, but this shall not limit the provisions in this subchapter for repayment of a state agency's or political subdivision's investment heretofore made in an eligible facility.

(e) The payments provided for in this subchapter shall be subject to the specific appropriation by the General Assembly and shall be for a term of not longer than two (2) years, but, subject to the appropriation by the General Assembly, shall be extended from time to time for additional terms of not to exceed two (2) years each.

Acts 1993, No. 1165, § 8.
Ark. Code Ann. § 15-10-301 — AR Code / Title 15 / Chapter 10 / Subchapter 3 / Section 15-10-301
Declaration of policy
Status: in_force

(a) The State of Arkansas endorses the action of the United States Congress in enacting the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., to institute a program to encourage the widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public and therefore declares the policy of the state to be: (1) To cooperate actively in the program thus instituted; and (2) To the extent that the regulation of special nuclear materials and by-product materials, of production facilities and utilization facilities, and of persons operating such facilities may be within the jurisdiction of the state, to provide for the exercise of the state's regulatory authority so as to conform, as nearly as may be, to the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and regulations issued thereunder, to the end that there may be, in effect, a single harmonious system of regulation within the state. (b) The State of Arkansas recognizes that the development of industries producing or utilizing atomic energy may result in new conditions calling for changes in the laws of the state and in rules issued thereunder with respect to health and safety; working conditions; workers' compensation; transportation; public utilities; life, health, accident, fire, and casualty insurance; the conservation of natural resources, including wildlife; and the protection of streams, rivers, and airspace from pollution, and therefore declares the policy of the state to be to: (1) Adapt its laws and rules to meet the new conditions in ways that will encourage the healthy development of industries or utilizing atomic energy while at the same time protecting the public interest; (2) Initiate continuing studies of the need for changes in the relevant laws and rules of the state by the respective departments and agencies of the state which are responsible for their administration; and (3) Assure the coordination of the studies thus undertaken, particularly with other atomic industrial development activities of the state and with the development and regulatory activities of other states and of the United States Government. Amended by Act 2019, No. 315,§ 1095, eff. 7/24/2019. Acts 1957, No. 386, § 1; A.S.A. 1947, § 82-1401.

(a) The State of Arkansas endorses the action of the United States Congress in enacting the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., to institute a program to encourage the widespread participation in the development and utilization of atomic energy for peaceful purposes to the maximum extent consistent with the common defense and security and with the health and safety of the public and therefore declares the policy of the state to be: (1) To cooperate actively in the program thus instituted; and (2) To the extent that the regulation of special nuclear materials and by-product materials, of production facilities and utilization facilities, and of persons operating such facilities may be within the jurisdiction of the state, to provide for the exercise of the state's regulatory authority so as to conform, as nearly as may be, to the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and regulations issued thereunder, to the end that there may be, in effect, a single harmonious system of regulation within the state.

(1) To cooperate actively in the program thus instituted; and

(2) To the extent that the regulation of special nuclear materials and by-product materials, of production facilities and utilization facilities, and of persons operating such facilities may be within the jurisdiction of the state, to provide for the exercise of the state's regulatory authority so as to conform, as nearly as may be, to the Atomic Energy Act of 1954, 42 U.S.C. § 2011 et seq., and regulations issued thereunder, to the end that there may be, in effect, a single harmonious system of regulation within the state.

(b) The State of Arkansas recognizes that the development of industries producing or utilizing atomic energy may result in new conditions calling for changes in the laws of the state and in rules issued thereunder with respect to health and safety; working conditions; workers' compensation; transportation; public utilities; life, health, accident, fire, and casualty insurance; the conservation of natural resources, including wildlife; and the protection of streams, rivers, and airspace from pollution, and therefore declares the policy of the state to be to: (1) Adapt its laws and rules to meet the new conditions in ways that will encourage the healthy development of industries or utilizing atomic energy while at the same time protecting the public interest; (2) Initiate continuing studies of the need for changes in the relevant laws and rules of the state by the respective departments and agencies of the state which are responsible for their administration; and (3) Assure the coordination of the studies thus undertaken, particularly with other atomic industrial development activities of the state and with the development and regulatory activities of other states and of the United States Government.

(1) Adapt its laws and rules to meet the new conditions in ways that will encourage the healthy development of industries or utilizing atomic energy while at the same time protecting the public interest;

(2) Initiate continuing studies of the need for changes in the relevant laws and rules of the state by the respective departments and agencies of the state which are responsible for their administration; and

(3) Assure the coordination of the studies thus undertaken, particularly with other atomic industrial development activities of the state and with the development and regulatory activities of other states and of the United States Government.

Amended by Act 2019, No. 315,§ 1095, eff. 7/24/2019.

Acts 1957, No. 386, § 1; A.S.A. 1947, § 82-1401.
Ark. Code Ann. § 15-4-1220 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1220
Exemption for securities
Status: in_force

(a) (1) The stock, units of interest, notes, debentures, bonds, and all other securities or obligations issued by any company organized and existing under the provisions of this subchapter shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. (2) However, any company organized and existing under the provisions of this subchapter shall not be exempt from the following: (A) The antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., under § 23-42-507 ; (B) The criminal provisions for violation of the provisions found in § 23-42-104(a) ; and (C) The civil remedies available for violation of the provisions found in § 23-42-106 . (b) (1) Notwithstanding the provisions of subsection (a) of this section, no company may offer its stock, units of interest, notes, debentures, bonds, or other securities or obligations without filing a notice with the Securities Commissioner before the first offer of the securities to be sold. (2) (A) The filing shall state the terms of the offer and how the company intends to comply with the antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., and shall be accompanied by copies of any sales materials the company will use in the offer of the securities. (B) The filing shall be effective upon deposit with the commissioner. (C) This filing requirement shall be applicable to the initial capitalization of the company and any subsequent offer of stock, units of interest, notes, debentures, bonds, or other securities or obligations or series thereof. (c) Failure of a company to make the filing required by subsection (b) of this section shall be a basis for imposition of all remedies available to the commissioner for the offer and sale of unregistered and nonexempt securities under the Arkansas Securities Act, § 23-42-101 et seq. Acts 1991, No. 1029, § 20; 1997, No. 906, § 1; 1999, No. 37, § 19.

(a) (1) The stock, units of interest, notes, debentures, bonds, and all other securities or obligations issued by any company organized and existing under the provisions of this subchapter shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. (2) However, any company organized and existing under the provisions of this subchapter shall not be exempt from the following: (A) The antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., under § 23-42-507 ; (B) The criminal provisions for violation of the provisions found in § 23-42-104(a) ; and (C) The civil remedies available for violation of the provisions found in § 23-42-106 .

(1) The stock, units of interest, notes, debentures, bonds, and all other securities or obligations issued by any company organized and existing under the provisions of this subchapter shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq.

(2) However, any company organized and existing under the provisions of this subchapter shall not be exempt from the following: (A) The antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., under § 23-42-507 ; (B) The criminal provisions for violation of the provisions found in § 23-42-104(a) ; and (C) The civil remedies available for violation of the provisions found in § 23-42-106 .

(A) The antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., under § 23-42-507 ;

(B) The criminal provisions for violation of the provisions found in § 23-42-104(a) ; and

(C) The civil remedies available for violation of the provisions found in § 23-42-106 .

(b) (1) Notwithstanding the provisions of subsection (a) of this section, no company may offer its stock, units of interest, notes, debentures, bonds, or other securities or obligations without filing a notice with the Securities Commissioner before the first offer of the securities to be sold. (2) (A) The filing shall state the terms of the offer and how the company intends to comply with the antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., and shall be accompanied by copies of any sales materials the company will use in the offer of the securities. (B) The filing shall be effective upon deposit with the commissioner. (C) This filing requirement shall be applicable to the initial capitalization of the company and any subsequent offer of stock, units of interest, notes, debentures, bonds, or other securities or obligations or series thereof.

(1) Notwithstanding the provisions of subsection (a) of this section, no company may offer its stock, units of interest, notes, debentures, bonds, or other securities or obligations without filing a notice with the Securities Commissioner before the first offer of the securities to be sold.

(2) (A) The filing shall state the terms of the offer and how the company intends to comply with the antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., and shall be accompanied by copies of any sales materials the company will use in the offer of the securities. (B) The filing shall be effective upon deposit with the commissioner. (C) This filing requirement shall be applicable to the initial capitalization of the company and any subsequent offer of stock, units of interest, notes, debentures, bonds, or other securities or obligations or series thereof.

(A) The filing shall state the terms of the offer and how the company intends to comply with the antifraud provisions of the Arkansas Securities Act, § 23-42-101 et seq., and shall be accompanied by copies of any sales materials the company will use in the offer of the securities.

(B) The filing shall be effective upon deposit with the commissioner.

(C) This filing requirement shall be applicable to the initial capitalization of the company and any subsequent offer of stock, units of interest, notes, debentures, bonds, or other securities or obligations or series thereof.

(c) Failure of a company to make the filing required by subsection (b) of this section shall be a basis for imposition of all remedies available to the commissioner for the offer and sale of unregistered and nonexempt securities under the Arkansas Securities Act, § 23-42-101 et seq.

Acts 1991, No. 1029, § 20; 1997, No. 906, § 1; 1999, No. 37, § 19.
Ark. Code Ann. § 15-5-607 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-607
Records of filings
Status: in_force

(a) The Arkansas Development Finance Authority shall maintain continuous cumulative records of the filings made under this subchapter. (b) For such a purpose, the filings under this subchapter shall be dated and numbered by the President of the Arkansas Development Finance Authority in the order made. (c) The president shall attempt to accept filings in the order in which completed applications are received. Acts 1987, No. 900, § 8.

(a) The Arkansas Development Finance Authority shall maintain continuous cumulative records of the filings made under this subchapter.

(b) For such a purpose, the filings under this subchapter shall be dated and numbered by the President of the Arkansas Development Finance Authority in the order made.

(c) The president shall attempt to accept filings in the order in which completed applications are received.

Acts 1987, No. 900, § 8.
Ark. Code Ann. § 15-4-509 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-509
Corporate powers
Status: in_force

Each corporation organized under this act shall have power: (1) To sue and be sued, complain, and defend in its corporate name; (2) To have perpetual succession, unless a limited period of duration is stated in its articles of incorporation; (3) To adopt a corporate seal, which may be altered at pleasure, and to use it, or a facsimile thereof as required by law; (4) To encourage and promote the economic, agricultural, and industrial development of its city, town, or county; (5) To purchase, receive, lease as lessee or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property, or any interest therein; (6) In the manner hereinafter provided, to borrow money and otherwise contract indebtedness, to issue its bonds or other obligations therefor, and to secure the payment thereof by mortgage, pledge, or a deed of trust of all or any part of its property, assets, revenues, or income; (7) To sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property and assets; (8) To accept gifts or grants of money, service, or property, real or personal; (9) To make any and all contracts necessary or convenient for the exercise of the powers granted in this act; (10) To conduct its business and have officers within or without the state; (11) To elect or appoint officers, agents, and employees of the corporation and to define their duties and fix their compensation; (12) To make and alter bylaws not inconsistent with the articles of incorporation or with the laws of this state for the administration and regulation of the affairs of the corporation; and (13) To do and perform any and all acts and things and to have and exercise any and all powers as may be necessary, convenient, or appropriate to effectuate the purpose for which the corporation is organized. Acts 1955, No. 404, § 19; A.S.A. 1947, § 9-522; Acts 1997, No. 339, § 4; 2001, No. 620, § 3.

Each corporation organized under this act shall have power:

(1) To sue and be sued, complain, and defend in its corporate name;

(2) To have perpetual succession, unless a limited period of duration is stated in its articles of incorporation;

(3) To adopt a corporate seal, which may be altered at pleasure, and to use it, or a facsimile thereof as required by law;

(4) To encourage and promote the economic, agricultural, and industrial development of its city, town, or county;

(5) To purchase, receive, lease as lessee or in any other manner acquire, own, hold, maintain, sell, exchange, and use any and all real and personal property, or any interest therein;

(6) In the manner hereinafter provided, to borrow money and otherwise contract indebtedness, to issue its bonds or other obligations therefor, and to secure the payment thereof by mortgage, pledge, or a deed of trust of all or any part of its property, assets, revenues, or income;

(7) To sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of its property and assets;

(8) To accept gifts or grants of money, service, or property, real or personal;

(9) To make any and all contracts necessary or convenient for the exercise of the powers granted in this act;

(10) To conduct its business and have officers within or without the state;

(11) To elect or appoint officers, agents, and employees of the corporation and to define their duties and fix their compensation;

(12) To make and alter bylaws not inconsistent with the articles of incorporation or with the laws of this state for the administration and regulation of the affairs of the corporation; and

(13) To do and perform any and all acts and things and to have and exercise any and all powers as may be necessary, convenient, or appropriate to effectuate the purpose for which the corporation is organized.

Acts 1955, No. 404, § 19; A.S.A. 1947, § 9-522; Acts 1997, No. 339, § 4; 2001, No. 620, § 3.
Ark. Code Ann. § 15-60-115 — AR Code / Title 15 / Chapter 60 / Section 15-60-115
Disposition of funds
Status: in_force

All license taxes collected, forfeited bail received, and fines collected under the provisions of this chapter shall be paid into the county general fund. Acts 1943, No. 86, § 15; A.S.A. 1947, § 52-815.

All license taxes collected, forfeited bail received, and fines collected under the provisions of this chapter shall be paid into the county general fund.

Acts 1943, No. 86, § 15; A.S.A. 1947, § 52-815.
Ark. Code Ann. § 15-20-1312 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1312
Bonds exempt from state, county, and municipal taxes
Status: in_force

Bonds and the interest on the bonds issued under this subchapter are exempt from state, county, and municipal taxes, including income taxes, inheritance taxes, and property taxes. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of bank funds, fiduciary funds, insurance company funds, trust funds, and public funds. Acts 2007, No. 631, § 1.

Bonds and the interest on the bonds issued under this subchapter are exempt from state, county, and municipal taxes, including income taxes, inheritance taxes, and property taxes. The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of bank funds, fiduciary funds, insurance company funds, trust funds, and public funds.

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-4-3021 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3021
Vote on issuance of bonds by qualified electors
Status: in_force

(a) If a majority of the qualified electors voting on the question vote for the issuance of the bonds, the Arkansas Development Finance Authority shall proceed with the sale and the issuance of the bonds as provided in this subchapter. (b) If a majority of the qualified electors voting on the question vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall ever be sold or issued. Acts 2003, No. 1751, § 21.

(a) If a majority of the qualified electors voting on the question vote for the issuance of the bonds, the Arkansas Development Finance Authority shall proceed with the sale and the issuance of the bonds as provided in this subchapter.

(b) If a majority of the qualified electors voting on the question vote against the issuance of the bonds, none of the bonds authorized by this subchapter shall ever be sold or issued.

Acts 2003, No. 1751, § 21.
Ark. Code Ann. § 15-74-305 — AR Code / Title 15 / Chapter 74 / Subchapter 3 / Section 15-74-305
Measurement, accounting, etc., of gas sold or delivered by volume
Status: in_force

(a) Each and every sale and each and every purchase, delivery, and receipt of gas by volume made in this state, for which any accounting for the price paid or received for the gas so sold, purchased, delivered, or received must be made to an oil and gas lease owner, royalty owner thereunder, or other mineral interest owner, shall be made and the gas shall be measured, calculated, purchased, delivered, and accounted for on the basis of "a standard cubic foot of gas" as defined in § 15-74-302 , and as determined under this subchapter. Whenever the provisions of this subchapter operate to change the basis of measurement provided for in existing contracts, then the price for gas, including royalty gas, provided for in such contracts shall, if either the purchaser or seller so desires, be adjusted to compensate for the change in the method of measuring the volume of gas delivered thereunder. This provision is intended to protect parties to contracts now in existence so that after this statute becomes effective the total amount of money paid for a volume of gas purchased or required to be accounted for under existing contracts shall remain unaffected by this subchapter. (b) Nothing in this section shall affect or apply to purchases or sales made on any basis other than a volume basis. (c) Any person, association of persons, or corporation who, as purchaser thereof, shall knowingly fail or refuse to so measure, calculate, or account for any gas so purchased, shall be subject to a penalty of not less than ten dollars ($10.00) nor more than five hundred dollars ($500) for each offense recoverable in the name of the state in the Pulaski County Circuit Court and each day of the violation shall constitute a separate offense. (d) Nothing herein shall prevent any aggrieved party from maintaining a civil suit for damages in the county or counties in which the gas is produced. Acts 1951, No. 214, § 5; A.S.A. 1947, § 53-520.

(a) Each and every sale and each and every purchase, delivery, and receipt of gas by volume made in this state, for which any accounting for the price paid or received for the gas so sold, purchased, delivered, or received must be made to an oil and gas lease owner, royalty owner thereunder, or other mineral interest owner, shall be made and the gas shall be measured, calculated, purchased, delivered, and accounted for on the basis of "a standard cubic foot of gas" as defined in § 15-74-302 , and as determined under this subchapter. Whenever the provisions of this subchapter operate to change the basis of measurement provided for in existing contracts, then the price for gas, including royalty gas, provided for in such contracts shall, if either the purchaser or seller so desires, be adjusted to compensate for the change in the method of measuring the volume of gas delivered thereunder. This provision is intended to protect parties to contracts now in existence so that after this statute becomes effective the total amount of money paid for a volume of gas purchased or required to be accounted for under existing contracts shall remain unaffected by this subchapter.

(b) Nothing in this section shall affect or apply to purchases or sales made on any basis other than a volume basis.

(c) Any person, association of persons, or corporation who, as purchaser thereof, shall knowingly fail or refuse to so measure, calculate, or account for any gas so purchased, shall be subject to a penalty of not less than ten dollars ($10.00) nor more than five hundred dollars ($500) for each offense recoverable in the name of the state in the Pulaski County Circuit Court and each day of the violation shall constitute a separate offense.

(d) Nothing herein shall prevent any aggrieved party from maintaining a civil suit for damages in the county or counties in which the gas is produced.

Acts 1951, No. 214, § 5; A.S.A. 1947, § 53-520.
Ark. Code Ann. § 15-4-1609 — AR Code / Title 15 / Chapter 4 / Subchapter 16 / Section 15-4-1609
Effect of participation
Status: in_force

Receiving benefits pursuant to this subchapter will preclude a business from participating in the incentive program of the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq. Acts 1993, No. 788, § 9; 1993, No. 851, § 9; 1999, No. 584, § 6.

Receiving benefits pursuant to this subchapter will preclude a business from participating in the incentive program of the Arkansas Economic Development Act of 1995, § 15-4-1901 et seq.

Acts 1993, No. 788, § 9; 1993, No. 851, § 9; 1999, No. 584, § 6.
Ark. Code Ann. § 15-3-207 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-207
Prohibition
Status: in_force

None of the moneys appropriated by the General Assembly for the Arkansas Research Matching Fund shall be used for the construction of new facilities. Acts 1999, No. 1545, § 7.

None of the moneys appropriated by the General Assembly for the Arkansas Research Matching Fund shall be used for the construction of new facilities.

Acts 1999, No. 1545, § 7.
Ark. Code Ann. § 15-57-406 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-406
Notification of reactivated quarry
Status: in_force

Prior to resuming operation in a temporarily closed quarry, an operator will notify the Division of Environmental Quality by certified mail with a notification of reactivated quarry. This notification will consist of the resubmittal of the notification of intent along with any modifications required, necessary by changed conditions at the quarry site. Amended by Act 2019, No. 910,§ 3122, eff. 7/1/2019. Acts 1997, No. 1166, § 6.

Prior to resuming operation in a temporarily closed quarry, an operator will notify the Division of Environmental Quality by certified mail with a notification of reactivated quarry. This notification will consist of the resubmittal of the notification of intent along with any modifications required, necessary by changed conditions at the quarry site.

Amended by Act 2019, No. 910,§ 3122, eff. 7/1/2019.

Acts 1997, No. 1166, § 6.
Ark. Code Ann. § 15-56-204 — AR Code / Title 15 / Chapter 56 / Subchapter 2 / Section 15-56-204
Establishment of possessory right to claim - Right of action against claimant
Status: in_force

(a) When any owner or claimant of any mining claim on any of the lands subject to location as mining claims in this state under the laws of the United States shall have had possession of a claim for a period of three (3) years and shall have performed the necessary amount of annual labor or improvement to hold the claim, as required by law for the time period, such possession and labor or improvement shall be sufficient to establish his or her possessory right to the claim. (b) However, if the claimant shall have performed the necessary work for one (1) year during the specified three-year time period and shall have resumed work at any time before the rights of others intervene, then he or she shall be entitled to the possessory right to the claim. (c) No person shall maintain an action against a claimant for the recovery of a mining claim unless the action is commenced within one (1) year after his or her right of action accrues. Acts 1901, No. 177, § 1, p. 330; C. & M. Dig., § 7329; Pope's Dig., § 9385; A.S.A. 1947, § 52-104.

(a) When any owner or claimant of any mining claim on any of the lands subject to location as mining claims in this state under the laws of the United States shall have had possession of a claim for a period of three (3) years and shall have performed the necessary amount of annual labor or improvement to hold the claim, as required by law for the time period, such possession and labor or improvement shall be sufficient to establish his or her possessory right to the claim.

(b) However, if the claimant shall have performed the necessary work for one (1) year during the specified three-year time period and shall have resumed work at any time before the rights of others intervene, then he or she shall be entitled to the possessory right to the claim.

(c) No person shall maintain an action against a claimant for the recovery of a mining claim unless the action is commenced within one (1) year after his or her right of action accrues.

Acts 1901, No. 177, § 1, p. 330; C. & M. Dig., § 7329; Pope's Dig., § 9385; A.S.A. 1947, § 52-104.
Ark. Code Ann. § 15-76-316 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-316
Production from tracts within unit
Status: in_force

The portion of brine produced from a unit created under this subchapter and allocated to any particular tract shall be deemed, for all purposes, to have been actually produced from that tract, and operations for the production of brine from any part of the unit conducted pursuant to the order of the Oil and Gas Commission shall be deemed for all purposes to be operations for the production of brine from each separate tract in the integrated area of the unit. Amended by Act 2015, No. 89,§ 11, eff. 2/13/2015. Acts 1979, No. 937, § 9; A.S.A. 1947, § 53-1309.

The portion of brine produced from a unit created under this subchapter and allocated to any particular tract shall be deemed, for all purposes, to have been actually produced from that tract, and operations for the production of brine from any part of the unit conducted pursuant to the order of the Oil and Gas Commission shall be deemed for all purposes to be operations for the production of brine from each separate tract in the integrated area of the unit.

Amended by Act 2015, No. 89,§ 11, eff. 2/13/2015.

Acts 1979, No. 937, § 9; A.S.A. 1947, § 53-1309.
Ark. Code Ann. § 15-10-801 — AR Code / Title 15 / Chapter 10 / Subchapter 8 / Section 15-10-801
[Repealed]
Status: repealed

Repealed by Act 2023, No. 204,§ 11, eff. 8/1/2023. Amended by Act 2017, No. 374,§ 20, eff. 8/1/2017. Amended by Act 2016EX3, No. 3,§ 32, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 32, eff. 5/23/2016. Acts 2009, No. 1301, § 1.

Repealed by Act 2023, No. 204,§ 11, eff. 8/1/2023.

Amended by Act 2017, No. 374,§ 20, eff. 8/1/2017.

Amended by Act 2016EX3, No. 3,§ 32, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 32, eff. 5/23/2016.

Acts 2009, No. 1301, § 1.
Ark. Code Ann. § 15-11-212 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-212
Enforcement of state law - Statewide jurisdiction
Status: in_force

A person designated as and employed as a law enforcement officer by the Department of Parks, Heritage, and Tourism shall: (1) Be a certified law enforcement officer under § 12-9-101 et seq.; and (2) Have statewide law enforcement jurisdiction and authority. Amended by Act 2019, No. 910,§ 5631, eff. 7/1/2019. Added by Act 2017, No. 202,§ 1, eff. 8/1/2017.

A person designated as and employed as a law enforcement officer by the Department of Parks, Heritage, and Tourism shall:

(1) Be a certified law enforcement officer under § 12-9-101 et seq.; and

(2) Have statewide law enforcement jurisdiction and authority.

Amended by Act 2019, No. 910,§ 5631, eff. 7/1/2019.

Added by Act 2017, No. 202,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 15-32-403 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-403
Monthly accounts of deputies
Status: in_force

The county timber inspector shall require of each of his or her deputy county timber inspectors, at the end of each month, a correct account of all of the logs, timber, or lumber measured by him or her during the month next preceding, and he or she shall immediately enter the account upon the books of his or her office. Acts 1883, No. 83, § 13, p. 140; 1901, No. 130, § 9, p. 202; C. & M. Dig., § 6993; Pope's Dig., § 8973; A.S.A. 1947, § 54-303.

The county timber inspector shall require of each of his or her deputy county timber inspectors, at the end of each month, a correct account of all of the logs, timber, or lumber measured by him or her during the month next preceding, and he or she shall immediately enter the account upon the books of his or her office.

Acts 1883, No. 83, § 13, p. 140; 1901, No. 130, § 9, p. 202; C. & M. Dig., § 6993; Pope's Dig., § 8973; A.S.A. 1947, § 54-303.
Ark. Code Ann. § 15-11-405 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-405
Grants generally
Status: in_force

(a) All grants under the provisions of this subchapter shall be on a matching basis with the applying regional tourist promotion agency furnishing one-third (1/3) of the funds and the state grant being two (2) times the amount of the funds supplied by the applying regional tourist promotion agency. (b) Upon approval of each application and the making of a grant by the State Parks, Recreation, and Travel Commission in accordance therewith, the commission or the Department of Parks, Heritage, and Tourism shall give notice to the applying regional tourist promotion agency of the approval and grant and shall direct the regional tourist promotion agency to proceed with its promotional program as described in its application and to use therefor funds allocated by the regional tourist promotion agency for such purposes. (c) Upon the furnishing of evidence to the commission that the particular regional tourist promotion agency has proceeded in accordance with the terms of the application, the grant allocated to the regional tourist promotion agency shall be paid to the regional tourist promotion agency by the Tourism Division. Amended by Act 2019, No. 910,§ 5641, eff. 7/1/2019. Acts 1969, No. 310, § 7; 1975, No. 281, § 1; A.S.A. 1947, § 9-227; Acts 1995, No. 1296, § 50.

(a) All grants under the provisions of this subchapter shall be on a matching basis with the applying regional tourist promotion agency furnishing one-third (1/3) of the funds and the state grant being two (2) times the amount of the funds supplied by the applying regional tourist promotion agency.

(b) Upon approval of each application and the making of a grant by the State Parks, Recreation, and Travel Commission in accordance therewith, the commission or the Department of Parks, Heritage, and Tourism shall give notice to the applying regional tourist promotion agency of the approval and grant and shall direct the regional tourist promotion agency to proceed with its promotional program as described in its application and to use therefor funds allocated by the regional tourist promotion agency for such purposes.

(c) Upon the furnishing of evidence to the commission that the particular regional tourist promotion agency has proceeded in accordance with the terms of the application, the grant allocated to the regional tourist promotion agency shall be paid to the regional tourist promotion agency by the Tourism Division.

Amended by Act 2019, No. 910,§ 5641, eff. 7/1/2019.

Acts 1969, No. 310, § 7; 1975, No. 281, § 1; A.S.A. 1947, § 9-227; Acts 1995, No. 1296, § 50.
Ark. Code Ann. § 15-5-1706 — AR Code / Title 15 / Chapter 5 / Subchapter 17 / Section 15-5-1706
[Repealed]
Status: repealed

Repealed by Act 2023, No. 365,§ 30, eff. 7/1/2023. Acts 2009, No. 661, § 1.

Repealed by Act 2023, No. 365,§ 30, eff. 7/1/2023.

Acts 2009, No. 661, § 1.
Ark. Code Ann. § 15-5-701 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-701
Title
Status: in_force

This subchapter may be referred to and cited as the "Arkansas Development Finance Authority Small Business Act of 1989". Acts 1989, No. 623, § 1.

This subchapter may be referred to and cited as the "Arkansas Development Finance Authority Small Business Act of 1989".

Acts 1989, No. 623, § 1.
Ark. Code Ann. § 15-3-202 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-202
Creation
Status: in_force

(a) There is created the Arkansas Research Matching Fund. (b) The fund shall be administered by the Arkansas Economic Development Commission and shall be for the benefit of colleges and universities located within the State of Arkansas. (c) In order to qualify for the research moneys to be made available through this fund, schools must be a two-year or four-year accredited institution of post-secondary education. Consortiums of eligible institutions are eligible and encouraged to apply for these funds. The fund shall be focused on basic and strategic research. Amended by Act 2015EX1, No. 8,§ 77, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 77, eff. 7/1/2015. Acts 1999, No. 1545, § 2.

(a) There is created the Arkansas Research Matching Fund.

(b) The fund shall be administered by the Arkansas Economic Development Commission and shall be for the benefit of colleges and universities located within the State of Arkansas.

(c) In order to qualify for the research moneys to be made available through this fund, schools must be a two-year or four-year accredited institution of post-secondary education. Consortiums of eligible institutions are eligible and encouraged to apply for these funds. The fund shall be focused on basic and strategic research.

Amended by Act 2015EX1, No. 8,§ 77, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 77, eff. 7/1/2015.

Acts 1999, No. 1545, § 2.
Ark. Code Ann. § 15-43-238 — AR Code / Title 15 / Chapter 43 / Subchapter 2 / Section 15-43-238
Hunter training and safety program
Status: in_force

(a) The General Assembly finds and determines that: (1) The management of the state's wildlife and the regulation of hunting and hunters in the state are the primary responsibilities of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35; (2) Properly regulated and controlled hunting is one of the most important single game management tools available in the propagation and management of wildlife; (3) Untrained and improperly trained hunters account for a great percentage of the loss of game in this state as a result of the crippling of wildlife; (4) The number of hunting accidents in the state is increasing annually and that this increase in hunter accidents is due primarily to the lack of training or the improper training of hunters; (5) The establishment of a hunter training and safety program in this state would greatly improve and facilitate not only hunter safety but game management programs designed to improve the highly popular sport in this state; and (6) It is the purpose and intent of this section to authorize the commission to establish and operate a hunter safety and training program in this state and to designate the commission as the appropriate agency to receive federal funds that may be or become available to the State of Arkansas for the establishment and operation of such program under Pub. L. 91-503 or other congressional acts presently in effect or hereafter enacted. (b) The commission is authorized and encouraged to establish, maintain, and operate a program of hunter training and hunter safety in this state. The program shall include, but not be limited to, a course of instruction designed to teach the safe and proper handling of firearms, the suitability and effectiveness of various types of firearms for hunting the various types of game, the effective range and relative killing power of various firearms, the best placement of shots on large game to assure clean kills and fewer wounded game animals resulting from hunting in this state, and any other related matters deemed appropriate by the commission. (c) The commission is designated as the appropriate state agency to receive, distribute, and disburse all federal funds available to the state under the provisions of Pub. L. 91-503 and similar or related congressional acts now in existence or hereafter enacted. The commission is authorized to use funds in the Game Protection Fund to match federal funds to carry out the provisions of this section. (d) The commission is authorized to adopt and enforce rules and regulations it shall deem appropriate and necessary to properly carry out the purposes and intent of this section. Acts 1971, No. 720, §§ 2-4; A.S.A. 1947, §§ 47-538, 47-538n, 47-539, 47-540.

(a) The General Assembly finds and determines that: (1) The management of the state's wildlife and the regulation of hunting and hunters in the state are the primary responsibilities of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35; (2) Properly regulated and controlled hunting is one of the most important single game management tools available in the propagation and management of wildlife; (3) Untrained and improperly trained hunters account for a great percentage of the loss of game in this state as a result of the crippling of wildlife; (4) The number of hunting accidents in the state is increasing annually and that this increase in hunter accidents is due primarily to the lack of training or the improper training of hunters; (5) The establishment of a hunter training and safety program in this state would greatly improve and facilitate not only hunter safety but game management programs designed to improve the highly popular sport in this state; and (6) It is the purpose and intent of this section to authorize the commission to establish and operate a hunter safety and training program in this state and to designate the commission as the appropriate agency to receive federal funds that may be or become available to the State of Arkansas for the establishment and operation of such program under Pub. L. 91-503 or other congressional acts presently in effect or hereafter enacted.

(1) The management of the state's wildlife and the regulation of hunting and hunters in the state are the primary responsibilities of the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35;

(2) Properly regulated and controlled hunting is one of the most important single game management tools available in the propagation and management of wildlife;

(3) Untrained and improperly trained hunters account for a great percentage of the loss of game in this state as a result of the crippling of wildlife;

(4) The number of hunting accidents in the state is increasing annually and that this increase in hunter accidents is due primarily to the lack of training or the improper training of hunters;

(5) The establishment of a hunter training and safety program in this state would greatly improve and facilitate not only hunter safety but game management programs designed to improve the highly popular sport in this state; and

(6) It is the purpose and intent of this section to authorize the commission to establish and operate a hunter safety and training program in this state and to designate the commission as the appropriate agency to receive federal funds that may be or become available to the State of Arkansas for the establishment and operation of such program under Pub. L. 91-503 or other congressional acts presently in effect or hereafter enacted.

(b) The commission is authorized and encouraged to establish, maintain, and operate a program of hunter training and hunter safety in this state. The program shall include, but not be limited to, a course of instruction designed to teach the safe and proper handling of firearms, the suitability and effectiveness of various types of firearms for hunting the various types of game, the effective range and relative killing power of various firearms, the best placement of shots on large game to assure clean kills and fewer wounded game animals resulting from hunting in this state, and any other related matters deemed appropriate by the commission.

(c) The commission is designated as the appropriate state agency to receive, distribute, and disburse all federal funds available to the state under the provisions of Pub. L. 91-503 and similar or related congressional acts now in existence or hereafter enacted. The commission is authorized to use funds in the Game Protection Fund to match federal funds to carry out the provisions of this section.

(d) The commission is authorized to adopt and enforce rules and regulations it shall deem appropriate and necessary to properly carry out the purposes and intent of this section.

Acts 1971, No. 720, §§ 2-4; A.S.A. 1947, §§ 47-538, 47-538n, 47-539, 47-540.
Ark. Code Ann. § 15-9-104 — AR Code / Title 15 / Chapter 9 / Section 15-9-104
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 14, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 106, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 106, eff. 7/1/2015. Amended by Act 2015, No. 1100,§ 13, eff. 7/22/2015. Acts 1999, No. 712, § 4.

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

Amended by Act 2015EX1, No. 8,§ 106, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 106, eff. 7/1/2015.

Amended by Act 2015, No. 1100,§ 13, eff. 7/22/2015.

Acts 1999, No. 712, § 4.
Ark. Code Ann. § 15-11-402 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-402
Formation
Status: in_force

(a) (1) Any group of interested citizens and residents of counties composing a natural planning region of this state and who are residents of counties representing not less than fifty percent (50%) of the total population of the region, but in no event fewer than fifteen (15) individuals, who shall form a nonprofit corporation pursuant to the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , for the purpose of promoting tourist travel and vacation business in the counties composing the natural planning region and whose charters, bylaws, and purposes are in compliance with the rules promulgated by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism pursuant to the provisions of this subchapter may apply for recognition by the commission as a regional tourist promotion agency under this subchapter. (2) However, upon approval of the commission, a county in one (1) natural planning region of the state may be included within the area composing a different and adjacent natural planning region if and when experience establishes that the county tourist values are more closely identified with the other natural planning region. (b) (1) In addition, any two (2) or more natural planning regions may merge to form a single regional tourist agency to represent the total area of the respective natural planning regions. (2) However, no more than one (1) nonprofit corporation may be designated as the regional tourist promotion agency for the combined natural planning regions. Amended by Act 2019, No. 315,§ 1102, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5638, eff. 7/1/2019. Acts 1969, No. 310, § 2; A.S.A. 1947, § 9-222.

(a) (1) Any group of interested citizens and residents of counties composing a natural planning region of this state and who are residents of counties representing not less than fifty percent (50%) of the total population of the region, but in no event fewer than fifteen (15) individuals, who shall form a nonprofit corporation pursuant to the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , for the purpose of promoting tourist travel and vacation business in the counties composing the natural planning region and whose charters, bylaws, and purposes are in compliance with the rules promulgated by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism pursuant to the provisions of this subchapter may apply for recognition by the commission as a regional tourist promotion agency under this subchapter. (2) However, upon approval of the commission, a county in one (1) natural planning region of the state may be included within the area composing a different and adjacent natural planning region if and when experience establishes that the county tourist values are more closely identified with the other natural planning region.

(1) Any group of interested citizens and residents of counties composing a natural planning region of this state and who are residents of counties representing not less than fifty percent (50%) of the total population of the region, but in no event fewer than fifteen (15) individuals, who shall form a nonprofit corporation pursuant to the provisions of the Arkansas Nonprofit Corporation Act, §§ 4-28-201 - 4-28-206 and 4-28-209 - 4-28-224 , for the purpose of promoting tourist travel and vacation business in the counties composing the natural planning region and whose charters, bylaws, and purposes are in compliance with the rules promulgated by the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism pursuant to the provisions of this subchapter may apply for recognition by the commission as a regional tourist promotion agency under this subchapter.

(2) However, upon approval of the commission, a county in one (1) natural planning region of the state may be included within the area composing a different and adjacent natural planning region if and when experience establishes that the county tourist values are more closely identified with the other natural planning region.

(b) (1) In addition, any two (2) or more natural planning regions may merge to form a single regional tourist agency to represent the total area of the respective natural planning regions. (2) However, no more than one (1) nonprofit corporation may be designated as the regional tourist promotion agency for the combined natural planning regions.

(1) In addition, any two (2) or more natural planning regions may merge to form a single regional tourist agency to represent the total area of the respective natural planning regions.

(2) However, no more than one (1) nonprofit corporation may be designated as the regional tourist promotion agency for the combined natural planning regions.

Amended by Act 2019, No. 315,§ 1102, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5638, eff. 7/1/2019.

Acts 1969, No. 310, § 2; A.S.A. 1947, § 9-222.
Ark. Code Ann. § 15-22-619 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-619
Creation of rights
Status: in_force

This subchapter shall not create any right of any character, and no right of any character shall arise pursuant to it unless and until the first series of bonds authorized by this subchapter shall have been sold and delivered. Acts 1981, No. 496, § 15; A.S.A. 1947, § 21-2315.

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

Acts 1981, No. 496, § 15; A.S.A. 1947, § 21-2315.
Ark. Code Ann. § 15-11-102 — AR Code / Title 15 / Chapter 11 / Subchapter 1 / Section 15-11-102
Promulgation of rules and procedures
Status: in_force

(a) The Department of Parks, Heritage, and Tourism is specifically authorized to promulgate its own rules and procedures applying to the purchase of printed material and specialty items for advertising purposes. The Department of Parks, Heritage, and Tourism will take no less than a minimum of three (3) bids in purchasing printing and specialty items. The records pertaining to the bidding procedures, bids, and contract awards will be made a part of the permanent record file of the Department of Parks, Heritage, and Tourism, and copies will be forwarded to the purchasing department of the Department of Finance and Administration. (b) The Department of Parks, Heritage, and Tourism is specifically authorized to promulgate its own rules and procedures applying to the professional services of an advertising agency. The Department of Parks, Heritage, and Tourism will take proposals and contract with an advertising agency with the advice of the Legislative Council. Amended by Act 2019, No. 910,§ 5625, eff. 7/1/2019. Acts 1981, No. 931, §§ 35, 44; A.S.A. 1947, §§ 9-229, 9-230.

(a) The Department of Parks, Heritage, and Tourism is specifically authorized to promulgate its own rules and procedures applying to the purchase of printed material and specialty items for advertising purposes. The Department of Parks, Heritage, and Tourism will take no less than a minimum of three (3) bids in purchasing printing and specialty items. The records pertaining to the bidding procedures, bids, and contract awards will be made a part of the permanent record file of the Department of Parks, Heritage, and Tourism, and copies will be forwarded to the purchasing department of the Department of Finance and Administration.

(b) The Department of Parks, Heritage, and Tourism is specifically authorized to promulgate its own rules and procedures applying to the professional services of an advertising agency. The Department of Parks, Heritage, and Tourism will take proposals and contract with an advertising agency with the advice of the Legislative Council.

Amended by Act 2019, No. 910,§ 5625, eff. 7/1/2019.

Acts 1981, No. 931, §§ 35, 44; A.S.A. 1947, §§ 9-229, 9-230.
Ark. Code Ann. § 15-32-603 — AR Code / Title 15 / Chapter 32 / Subchapter 6 / Section 15-32-603
Offenses
Status: in_force

(a) A trustee commits the offense of timber theft if the trustee, knowingly or with intent to defraud, directly or indirectly retains, uses, disperses, or otherwise diverts trust money without first fully paying all of the beneficiaries the purchase price for the timber. (b) A trustee acts with intent to defraud if the trustee retains, uses, disperses, or diverts trust money with the intent to deprive a beneficiary of trust money. (c) A trustee is presumed to have acted with intent to defraud if the trustee does not pay all of the beneficiaries the purchase price for the timber not later than the forty-fifth calendar day after the date the trustee collects money for the timber. (d) The offense of timber theft is a Class D felony if the amount of trust money retained, used, dispersed, or diverted before paying the beneficiaries is five hundred dollars ($500) or more and a Class A misdemeanor if under five hundred dollars ($500). Acts 2001, No. 1247, § 3.

(a) A trustee commits the offense of timber theft if the trustee, knowingly or with intent to defraud, directly or indirectly retains, uses, disperses, or otherwise diverts trust money without first fully paying all of the beneficiaries the purchase price for the timber.

(b) A trustee acts with intent to defraud if the trustee retains, uses, disperses, or diverts trust money with the intent to deprive a beneficiary of trust money.

(c) A trustee is presumed to have acted with intent to defraud if the trustee does not pay all of the beneficiaries the purchase price for the timber not later than the forty-fifth calendar day after the date the trustee collects money for the timber.

(d) The offense of timber theft is a Class D felony if the amount of trust money retained, used, dispersed, or diverted before paying the beneficiaries is five hundred dollars ($500) or more and a Class A misdemeanor if under five hundred dollars ($500).

Acts 2001, No. 1247, § 3.
Ark. Code Ann. § 15-22-715 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-715
Payment of debt service - Transfer and use of funds
Status: in_force

(a) (1) On or before commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment for all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor, and shall certify the estimated amount to the Treasurer of State. (2) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund of such amount of general revenues for allocation, as that term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter. (b) (1) (A) The Treasurer of State shall make such additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide a reserve or reserves for payment of debt service on the bonds. (B) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund and to the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future. (2) However, to the extent other general obligation bonds of the state may subsequently be issued, all such general obligation bonds shall rank on a parity of security with respect to payment from general revenues for allocation. (c) Moneys credited to the Waste Disposal and Pollution Abatement Facilities Bond Fund and the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall be used only for the purpose of paying debt service on the bonds, either at maturity or upon redemption prior to maturity, and for that purpose the Treasurer of State is designated disbursing officer to administer the funds in accordance with the provisions of this subchapter. (d) The Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall be held and used to ensure prompt payment of debt service on the bonds in such manner and pursuant to such conditions as may be specified by the commission in the resolution or trust indenture authorizing or securing the bonds. (e) Moneys in the Waste Disposal and Pollution Abatement Facilities Bond Fund and the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds, and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity in the manner and in accordance with the provisions pertaining to redemption prior to maturity as set forth in the resolution or trust indenture authorizing or securing the bonds. Acts 1987, No. 686, § 11.

(a) (1) On or before commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment for all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor, and shall certify the estimated amount to the Treasurer of State. (2) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund of such amount of general revenues for allocation, as that term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter.

(1) On or before commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment for all or a part of debt service on the bonds issued under this subchapter during that fiscal year, after making deductions therefrom of estimated moneys to be available to the Arkansas Natural Resources Commission from other sources therefor, and shall certify the estimated amount to the Treasurer of State.

(2) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund of such amount of general revenues for allocation, as that term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., as shall be required to pay the maturing debt service on bonds issued under this subchapter.

(b) (1) (A) The Treasurer of State shall make such additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide a reserve or reserves for payment of debt service on the bonds. (B) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund and to the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future. (2) However, to the extent other general obligation bonds of the state may subsequently be issued, all such general obligation bonds shall rank on a parity of security with respect to payment from general revenues for allocation.

(1) (A) The Treasurer of State shall make such additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide a reserve or reserves for payment of debt service on the bonds. (B) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund and to the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future.

(A) The Treasurer of State shall make such additional monthly transfer or transfers of general revenues for allocation as the Chief Fiscal Officer of the State shall certify to him or her as being required to enable the commission to establish and thereafter maintain the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund to provide a reserve or reserves for payment of debt service on the bonds.

(B) The obligation to make monthly transfers of general revenues for allocation from the State Apportionment Fund to the Waste Disposal and Pollution Abatement Facilities Bond Fund and to the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall constitute a first charge against the general revenues for allocation prior to all other uses to which the general revenues for allocation are devoted, either under present law or under any laws that may be enacted in the future.

(2) However, to the extent other general obligation bonds of the state may subsequently be issued, all such general obligation bonds shall rank on a parity of security with respect to payment from general revenues for allocation.

(c) Moneys credited to the Waste Disposal and Pollution Abatement Facilities Bond Fund and the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall be used only for the purpose of paying debt service on the bonds, either at maturity or upon redemption prior to maturity, and for that purpose the Treasurer of State is designated disbursing officer to administer the funds in accordance with the provisions of this subchapter.

(d) The Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund shall be held and used to ensure prompt payment of debt service on the bonds in such manner and pursuant to such conditions as may be specified by the commission in the resolution or trust indenture authorizing or securing the bonds.

(e) Moneys in the Waste Disposal and Pollution Abatement Facilities Bond Fund and the Waste Disposal and Pollution Abatement Facilities Debt Service Reserve Fund over and above the amount necessary to ensure the prompt payment of debt service on the bonds, and the establishment and maintenance of a reserve fund, if any, may be used for the redemption of bonds prior to maturity in the manner and in accordance with the provisions pertaining to redemption prior to maturity as set forth in the resolution or trust indenture authorizing or securing the bonds.

Acts 1987, No. 686, § 11.
Ark. Code Ann. § 15-21-203 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-203
Land Survey Advisory Board - Chair and meetings
Status: in_force

The Land Survey Advisory Board shall select a chair from its membership. The board shall meet at least quarterly and at any other times as shall be determined by the chair. Amended by Act 2015EX1, No. 8,§ 141, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 141, eff. 7/1/2015. Acts 1973, No. 458, § 5; A.S.A. 1947, § 10-1305.

The Land Survey Advisory Board shall select a chair from its membership. The board shall meet at least quarterly and at any other times as shall be determined by the chair.

Amended by Act 2015EX1, No. 8,§ 141, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 141, eff. 7/1/2015.

Acts 1973, No. 458, § 5; A.S.A. 1947, § 10-1305.
Ark. Code Ann. § 15-11-404 — AR Code / Title 15 / Chapter 11 / Subchapter 4 / Section 15-11-404
Administrative agency
Status: in_force

The Tourism Division is designated as the administrative agency of this state to act under the authority of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism in administering the provisions of this subchapter. Amended by Act 2019, No. 910,§ 5640, eff. 7/1/2019. Acts 1969, No. 310, § 7; 1975, No. 281, § 1; A.S.A. 1947, § 9-227; Acts 1995, No. 1296, § 50.

The Tourism Division is designated as the administrative agency of this state to act under the authority of the State Parks, Recreation, and Travel Commission or the Department of Parks, Heritage, and Tourism in administering the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 5640, eff. 7/1/2019.

Acts 1969, No. 310, § 7; 1975, No. 281, § 1; A.S.A. 1947, § 9-227; Acts 1995, No. 1296, § 50.
Ark. Code Ann. § 15-4-2006 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2006
Postproduction tax incentives
Status: in_force

(a) (1) The Director of the Arkansas Economic Development Commission shall offer a tax credit or a rebate of twenty-five percent (25%) to a qualifying production company that has submitted an approved application for a tax incentive under § 15-4-2007 for a tax incentive on all qualified production costs in connection with the postproduction of an approved state-certified film project. (2) A state-certified production shall be granted an additional tax incentive: (A) In the amount of ten percent (10%) for: (i) The payroll of below-the-line employees who are: (a) Full-time residents of Arkansas; or (b) Veterans; or (ii) Expenditures paid to a veteran-owned business for qualified production costs with the state-certified production; (B) In the amount of five percent (5%) for either of the following: (i) Hiring below-the-line employees whose full-time permanent address is located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the Arkansas Economic Development Commission under § 15-4-2704 ; or (ii) Expenditures paid to a person or business for qualified production costs with a state-certified production located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the commission under § 15-4-2704 ; and (C) In the amount of five percent (5%) for producing a multi-project production, including without limitation a television series and a multi-film project. (b) To qualify for a tax incentive under this section, a production company shall spend at least fifty thousand dollars ($50,000) within a six-month period in connection with the production of one (1) project. (c) A postproduction tax incentive shall not be processed until the production company has met in full all obligations to each Arkansas institution and vendor owed for products or services in the state. (d) The maximum total tax incentives that may be claimed for a qualified expenditure under this section is thirty percent (30%) of the qualified expenditure. Amended by Act 2023, No. 517,§ 2, eff. 8/1/2023, app. for financial incentive agreements signed on or after the effective date of this act.. Amended by Act 2023, No. 204,§ 4, eff. 90 days after sine die adjournment. Amended by Act 2021, No. 797,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 367,§ 3, eff. 7/24/2019. Amended by Act 2013, No. 496,§ 7, eff. 8/16/2013. Acts 2009, No. 816, § 1.

(a) (1) The Director of the Arkansas Economic Development Commission shall offer a tax credit or a rebate of twenty-five percent (25%) to a qualifying production company that has submitted an approved application for a tax incentive under § 15-4-2007 for a tax incentive on all qualified production costs in connection with the postproduction of an approved state-certified film project. (2) A state-certified production shall be granted an additional tax incentive: (A) In the amount of ten percent (10%) for: (i) The payroll of below-the-line employees who are: (a) Full-time residents of Arkansas; or (b) Veterans; or (ii) Expenditures paid to a veteran-owned business for qualified production costs with the state-certified production; (B) In the amount of five percent (5%) for either of the following: (i) Hiring below-the-line employees whose full-time permanent address is located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the Arkansas Economic Development Commission under § 15-4-2704 ; or (ii) Expenditures paid to a person or business for qualified production costs with a state-certified production located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the commission under § 15-4-2704 ; and (C) In the amount of five percent (5%) for producing a multi-project production, including without limitation a television series and a multi-film project.

(1) The Director of the Arkansas Economic Development Commission shall offer a tax credit or a rebate of twenty-five percent (25%) to a qualifying production company that has submitted an approved application for a tax incentive under § 15-4-2007 for a tax incentive on all qualified production costs in connection with the postproduction of an approved state-certified film project.

(2) A state-certified production shall be granted an additional tax incentive: (A) In the amount of ten percent (10%) for: (i) The payroll of below-the-line employees who are: (a) Full-time residents of Arkansas; or (b) Veterans; or (ii) Expenditures paid to a veteran-owned business for qualified production costs with the state-certified production; (B) In the amount of five percent (5%) for either of the following: (i) Hiring below-the-line employees whose full-time permanent address is located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the Arkansas Economic Development Commission under § 15-4-2704 ; or (ii) Expenditures paid to a person or business for qualified production costs with a state-certified production located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the commission under § 15-4-2704 ; and (C) In the amount of five percent (5%) for producing a multi-project production, including without limitation a television series and a multi-film project.

(A) In the amount of ten percent (10%) for: (i) The payroll of below-the-line employees who are: (a) Full-time residents of Arkansas; or (b) Veterans; or (ii) Expenditures paid to a veteran-owned business for qualified production costs with the state-certified production;

(i) The payroll of below-the-line employees who are: (a) Full-time residents of Arkansas; or (b) Veterans; or

(a) Full-time residents of Arkansas; or

(b) Veterans; or

(ii) Expenditures paid to a veteran-owned business for qualified production costs with the state-certified production;

(B) In the amount of five percent (5%) for either of the following: (i) Hiring below-the-line employees whose full-time permanent address is located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the Arkansas Economic Development Commission under § 15-4-2704 ; or (ii) Expenditures paid to a person or business for qualified production costs with a state-certified production located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the commission under § 15-4-2704 ; and

(i) Hiring below-the-line employees whose full-time permanent address is located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the Arkansas Economic Development Commission under § 15-4-2704 ; or

(ii) Expenditures paid to a person or business for qualified production costs with a state-certified production located in a Tier 3 or Tier 4 county in the annual ranking of counties established by the commission under § 15-4-2704 ; and

(C) In the amount of five percent (5%) for producing a multi-project production, including without limitation a television series and a multi-film project.

(b) To qualify for a tax incentive under this section, a production company shall spend at least fifty thousand dollars ($50,000) within a six-month period in connection with the production of one (1) project.

(c) A postproduction tax incentive shall not be processed until the production company has met in full all obligations to each Arkansas institution and vendor owed for products or services in the state.

(d) The maximum total tax incentives that may be claimed for a qualified expenditure under this section is thirty percent (30%) of the qualified expenditure.

Amended by Act 2023, No. 517,§ 2, eff. 8/1/2023, app. for financial incentive agreements signed on or after the effective date of this act..

Amended by Act 2023, No. 204,§ 4, eff. 90 days after sine die adjournment.

Amended by Act 2021, No. 797,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 367,§ 3, eff. 7/24/2019.

Amended by Act 2013, No. 496,§ 7, eff. 8/16/2013.

Acts 2009, No. 816, § 1.
Ark. Code Ann. § 15-4-2401 — AR Code / Title 15 / Chapter 4 / Subchapter 24 / Section 15-4-2401
Definitions
Status: in_force

As used in this subchapter: (1) "Invested" includes, but is not limited to, expenditures made from the proceeds of bonds, including interim notes or other evidence of indebtedness, issued by a municipality, county, or an agency or instrumentality of a municipality, county, or the State of Arkansas, if the obligation to repay the bonds, including interest thereon, is a legally binding obligation, directly or indirectly, of the taxpayer; (2) "Production, processing, and testing equipment" includes machinery and equipment essential for the receiving, storing, processing, and testing of raw materials and the production, storage, testing, and shipping of finished products, and facilities for the production of steam, electricity, chemicals, and other materials that are essential to the manufacturing process but which are consumed in the manufacturing process and do not become essential components of the finished product; and (3) "Qualified manufacturer of steel" means any natural person, company, or corporation engaged in the manufacture, refinement, or processing of steel whenever more than fifty percent (50%) of the electricity or more than fifty percent (50%) of the natural gas consumed in the manufacture, refinement, or processing of steel is used to power an electric arc furnace or furnaces, continuous casting equipment, or rail steel mill equipment in connection with the melting, continuous casting, or rolling of steel or in the preheating of steel for processing through a rail steel mill. Acts 2001, No. 541, § 1.

As used in this subchapter:

(1) "Invested" includes, but is not limited to, expenditures made from the proceeds of bonds, including interim notes or other evidence of indebtedness, issued by a municipality, county, or an agency or instrumentality of a municipality, county, or the State of Arkansas, if the obligation to repay the bonds, including interest thereon, is a legally binding obligation, directly or indirectly, of the taxpayer;

(2) "Production, processing, and testing equipment" includes machinery and equipment essential for the receiving, storing, processing, and testing of raw materials and the production, storage, testing, and shipping of finished products, and facilities for the production of steam, electricity, chemicals, and other materials that are essential to the manufacturing process but which are consumed in the manufacturing process and do not become essential components of the finished product; and

(3) "Qualified manufacturer of steel" means any natural person, company, or corporation engaged in the manufacture, refinement, or processing of steel whenever more than fifty percent (50%) of the electricity or more than fifty percent (50%) of the natural gas consumed in the manufacture, refinement, or processing of steel is used to power an electric arc furnace or furnaces, continuous casting equipment, or rail steel mill equipment in connection with the melting, continuous casting, or rolling of steel or in the preheating of steel for processing through a rail steel mill.

Acts 2001, No. 541, § 1.
Ark. Code Ann. § 15-21-101 — AR Code / Title 15 / Chapter 21 / Subchapter 1 / Section 15-21-101
Restoration of General Land Office corners
Status: in_force

(a) In order to expedite the restoration of original United States General Land Office, or GLO, corners by placement of markers and monuments, a contract between certified land surveyors of this state and the Division of Land Surveys of the Arkansas Geographic Information Systems Office shall not be required. (b) Compensation may be made to any certified surveyor who provides proof of restoration according to specifications prescribed by the Arkansas Geographic Information Systems Board. Amended by Act 2015EX1, No. 8,§ 138, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 138, eff. 7/1/2015. Acts 1985, No. 325, § 10.

(a) In order to expedite the restoration of original United States General Land Office, or GLO, corners by placement of markers and monuments, a contract between certified land surveyors of this state and the Division of Land Surveys of the Arkansas Geographic Information Systems Office shall not be required.

(b) Compensation may be made to any certified surveyor who provides proof of restoration according to specifications prescribed by the Arkansas Geographic Information Systems Board.

Amended by Act 2015EX1, No. 8,§ 138, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 138, eff. 7/1/2015.

Acts 1985, No. 325, § 10.
Ark. Code Ann. § 15-4-924 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-924
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 22; A.S.A. 1947, § 67-1622.

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

Acts 1957, No. 567, § 22; A.S.A. 1947, § 67-1622.
Ark. Code Ann. § 15-4-3209 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3209
Series of bonds
Status: in_force

(a) The bonds shall be issued, whether or not the interest on the bonds is subject to federal taxation, in series in amounts sufficient to finance or refinance all or any part of a qualified Amendment 82 project's costs, with the respective series to be designated by the year in which issued, and if more than one (1) series is to be issued in a particular year, by alphabetical designation. (b) Each series of bonds shall have such date as the Arkansas Development Finance Authority shall determine and shall mature or be subject to mandatory sinking-fund redemption as determined by the authority over a period ending not later than thirty (30) years after the date of issuing the bonds of each series. (c) Pending the issuance of bonds, the authority may issue temporary notes maturing not more than five (5) years after the date of issuance to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued. (d) (1) Each series of the bonds shall bear interest at the rate or rates accepted by the authority. The bonds may bear interest at either a fixed or variable rate or may be convertible from one (1) interest-rate mode to another. (2) Interest shall be payable at such times as the authority shall determine, including the use of zero-coupon or capital appreciation bonds. (e) As determined by the authority, the bonds may: (1) Be issued in the form of a bond registered as to principal and interest without coupons; (2) Be in denominations; (3) Be made exchangeable for bonds of another form or denomination bearing the same rate of interest and date of maturity; (4) Be made payable at the places within or without the state; (5) Be made subject to redemption prior to maturity in the manner and for redemption prices; and (6) Contain other terms and conditions. (f) The bonds shall have all of the qualities of negotiable instruments or securities under the laws of this state, subject to the provision for registration of ownership. Acts 2005, No. 1981, § 1.

(a) The bonds shall be issued, whether or not the interest on the bonds is subject to federal taxation, in series in amounts sufficient to finance or refinance all or any part of a qualified Amendment 82 project's costs, with the respective series to be designated by the year in which issued, and if more than one (1) series is to be issued in a particular year, by alphabetical designation.

(b) Each series of bonds shall have such date as the Arkansas Development Finance Authority shall determine and shall mature or be subject to mandatory sinking-fund redemption as determined by the authority over a period ending not later than thirty (30) years after the date of issuing the bonds of each series.

(c) Pending the issuance of bonds, the authority may issue temporary notes maturing not more than five (5) years after the date of issuance to be exchanged for or paid from the proceeds of bonds at such time as the bonds may be issued.

(d) (1) Each series of the bonds shall bear interest at the rate or rates accepted by the authority. The bonds may bear interest at either a fixed or variable rate or may be convertible from one (1) interest-rate mode to another. (2) Interest shall be payable at such times as the authority shall determine, including the use of zero-coupon or capital appreciation bonds.

(1) Each series of the bonds shall bear interest at the rate or rates accepted by the authority. The bonds may bear interest at either a fixed or variable rate or may be convertible from one (1) interest-rate mode to another.

(2) Interest shall be payable at such times as the authority shall determine, including the use of zero-coupon or capital appreciation bonds.

(e) As determined by the authority, the bonds may: (1) Be issued in the form of a bond registered as to principal and interest without coupons; (2) Be in denominations; (3) Be made exchangeable for bonds of another form or denomination bearing the same rate of interest and date of maturity; (4) Be made payable at the places within or without the state; (5) Be made subject to redemption prior to maturity in the manner and for redemption prices; and (6) Contain other terms and conditions.

(1) Be issued in the form of a bond registered as to principal and interest without coupons;

(2) Be in denominations;

(3) Be made exchangeable for bonds of another form or denomination bearing the same rate of interest and date of maturity;

(4) Be made payable at the places within or without the state;

(5) Be made subject to redemption prior to maturity in the manner and for redemption prices; and

(6) Contain other terms and conditions.

(f) The bonds shall have all of the qualities of negotiable instruments or securities under the laws of this state, subject to the provision for registration of ownership.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-22-1302 — AR Code / Title 15 / Chapter 22 / Subchapter 13 / Section 15-22-1302
Legal counsel - Underwriter
Status: in_force

The Arkansas Natural Resources Commission may engage legal counsel and an underwriter or underwriters to facilitate the issuance and sale of bonds to be issued under this subchapter. Acts 2003, No. 598, § 1.

The Arkansas Natural Resources Commission may engage legal counsel and an underwriter or underwriters to facilitate the issuance and sale of bonds to be issued under this subchapter.

Acts 2003, No. 598, § 1.
Ark. Code Ann. § 15-41-113 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-113
Prohibition on enforcement of regulation against dogs running at large
Status: in_force

The General Assembly declares that any employee of the Arkansas State Game and Fish Commission enforcing or attempting to enforce the existing regulations of the commission with respect to dogs running at large shall immediately, upon conviction thereof, be discharged from employment and shall be ineligible for reemployment by the commission. In addition, any employee or official of the commission attempting to enforce such regulation in violation of this section shall be subject to a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned in the county jail not less than thirty (30) days nor more than ninety (90) days, or be both so fined and imprisoned. Each violation of this section shall constitute a separate offense and shall be punishable accordingly. Acts 1969, No. 367, § 2; A.S.A. 1947, § 47-108.2.

The General Assembly declares that any employee of the Arkansas State Game and Fish Commission enforcing or attempting to enforce the existing regulations of the commission with respect to dogs running at large shall immediately, upon conviction thereof, be discharged from employment and shall be ineligible for reemployment by the commission. In addition, any employee or official of the commission attempting to enforce such regulation in violation of this section shall be subject to a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000) or imprisoned in the county jail not less than thirty (30) days nor more than ninety (90) days, or be both so fined and imprisoned. Each violation of this section shall constitute a separate offense and shall be punishable accordingly.

Acts 1969, No. 367, § 2; A.S.A. 1947, § 47-108.2.
Ark. Code Ann. § 15-23-315 — AR Code / Title 15 / Chapter 23 / Subchapter 3 / Section 15-23-315
Funding
Status: in_force

(a) The Arkansas Natural Heritage Commission may receive any money or property from federal, state, or private sources, including grants, contributions, gratuities, and loans. (b) This is in addition to any state appropriation for staff salaries and maintenance and operation expenses. Acts 1979, No. 257, § 13; A.S.A. 1947, § 9-1213; Acts 1997, No. 1023, § 10.

(a) The Arkansas Natural Heritage Commission may receive any money or property from federal, state, or private sources, including grants, contributions, gratuities, and loans.

(b) This is in addition to any state appropriation for staff salaries and maintenance and operation expenses.

Acts 1979, No. 257, § 13; A.S.A. 1947, § 9-1213; Acts 1997, No. 1023, § 10.
Ark. Code Ann. § 15-20-1302 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1302
Definitions
Status: in_force

As used in this subchapter: (1) "Aquatic resources" means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation pursuant to United States Department of the Army permits under § 404 of the Clean Water Act, 33 U.S.C. § 1344 , and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403 , or other federal law requiring mitigation; (2) "Bonds" means any bonds, notes, interim certificates, or other evidences of indebtedness; (3) "Debt service" means principal, interest, redemption premiums, if any, and trustee's fees, paying agent's fees, dissemination agent's fees, and like servicing fees relative to a bond; (4) "Develop" means to plan, design, construct, acquire by purchase or by eminent domain, own, operate, rehabilitate, lease as lessor or lessee, enter into lease-purchase agreements with respect to, lend, make grants in respect of, or install or equip any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed; (5) "Drainage" means the removal or diversion of water from lands through natural or artificial means; (6) "Federal Deposit Insurance Corporation" means the Federal Deposit Insurance Corporation or its successor that insures commercial banks; (7) "Flood control" means: (A) Drainage, levee, and flood prevention improvements for protection from water-induced damages; (B) Adjustments in land use and facilities designed to reduce flood damage from overflow or backwater due to major storms; and (C) Facilities designed to collect, contain, or convey water within natural watercourses or other waterways; (8) "General revenues of the state" means the revenues described and enumerated in § 19-6-201 of the Revenue Classification Law, § 19-6-101 et seq., or in any successor law; (9) "Irrigation" means the production or transportation of water for agricultural uses through artificial or natural conveyances for watering crops or other agricultural products; (10) "Local entity" means any nonprofit corporation or any county, municipality, conservation district, improvement district, drainage district, irrigation district, levee district, regional water distribution district, public facilities board, public water authority, rural development authority, solid waste authority, regional wastewater treatment district, regional solid waste management district, rural water association, or school district in the state or any agency or instrumentality of any of the foregoing, or any agency or instrumentality of the state, including the Arkansas Natural Resources Commission; (11) "Nationally recognized rating agency" means Moody's Investors Service, Inc., Standard & Poor's, Fitch Ratings, or any other nationally recognized rating agency approved by the State Investing Office; (12) "Person" means any local entity or any individual, corporation, trust, limited liability company, or partnership; (13) "Pollution abatement" means the reduction, prevention, recycling, control, or elimination by appropriate methods of contamination or pollution, or other alteration of the physical, chemical, or biological properties, of any land or waters of the state, or of such discharge of any liquid, gaseous, or solid substance as will or is likely to create a nuisance or render any land or waters of the state harmful or detrimental or injurious to public health, safety, or the welfare of individuals, to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life; (14) "Prior act" means Acts 1997, No. 607, as now or hereafter amended; (15) "Program" means the Water, Waste Disposal, and Pollution Abatement Facilities Development Program of the commission under which the commission will fund loans or grants to local entities or persons; (16) (A) "Project" or "projects" means any lands, buildings, improvements, machinery, equipment, or other property, real, personal, or mixed, or any combination thereof, and programs using such property, developed in pursuance of the purposes of this subchapter, including without limitation: (i) The production, impoundment, treatment, and transportation of water; (ii) The collection, treatment, and disposition of waste; (iii) Pollution abatement programs; (iv) Drainage or flood control facilities; (v) Irrigation facilities; and (vi) The preservation and development of wetlands and aquatic resources. (B) "Project" or "projects" includes projects for: (i) Agricultural, administrative, research, residential, recreational, commercial, or industrial purposes; (ii) The use and benefit of local entities, the commission, and other persons; and (iii) Facilities and improvements that are necessary, ancillary, or related to a project; (17) "Project costs" means all or any part of the administrative costs of the commission in connection with the program and the costs of developing any project, costs incidental or appropriate thereto, including without limitation all costs to the commission associated with the development or operation of any project in a supervisory capacity, and costs incidental or appropriate to the financing thereof, including without limitation capitalized interest, costs of issuance of and appropriate reserves for the bonds, loan or commitment fees, loan or grant administration fees, and costs for engineering, legal, and other administrative and consultant services; (18) "State Investing Office" means the Treasurer of State for the investment of any funds established on the books of the State Treasury, and the commission for the investment of any funds held outside the State Treasury; (19) "Waste" means a liquid or solid produced as an undesirable by-product of any activity; (20) "Water" means any waters of the state, including surface water and ground water; and (21) "Wetlands" means land that: (A) Has a predominance of hydric soils; (B) Is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (C) Under normal circumstances supports a prevalence of the hydrophytic vegetation typically adapted for life in saturated soil conditions. Acts 2007, No. 631, § 1; 2009, No. 481, § 5.

As used in this subchapter:

(1) "Aquatic resources" means ecological functions, services, and values provided by the waters of the United States that are subject to compensatory mitigation pursuant to United States Department of the Army permits under § 404 of the Clean Water Act, 33 U.S.C. § 1344 , and §§ 9 and 10 of the Rivers and Harbors Act, 33 U.S.C. §§ 401 and 403 , or other federal law requiring mitigation;

(2) "Bonds" means any bonds, notes, interim certificates, or other evidences of indebtedness;

(3) "Debt service" means principal, interest, redemption premiums, if any, and trustee's fees, paying agent's fees, dissemination agent's fees, and like servicing fees relative to a bond;

(4) "Develop" means to plan, design, construct, acquire by purchase or by eminent domain, own, operate, rehabilitate, lease as lessor or lessee, enter into lease-purchase agreements with respect to, lend, make grants in respect of, or install or equip any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed;

(5) "Drainage" means the removal or diversion of water from lands through natural or artificial means;

(6) "Federal Deposit Insurance Corporation" means the Federal Deposit Insurance Corporation or its successor that insures commercial banks;

(7) "Flood control" means: (A) Drainage, levee, and flood prevention improvements for protection from water-induced damages; (B) Adjustments in land use and facilities designed to reduce flood damage from overflow or backwater due to major storms; and (C) Facilities designed to collect, contain, or convey water within natural watercourses or other waterways;

(A) Drainage, levee, and flood prevention improvements for protection from water-induced damages;

(B) Adjustments in land use and facilities designed to reduce flood damage from overflow or backwater due to major storms; and

(C) Facilities designed to collect, contain, or convey water within natural watercourses or other waterways;

(8) "General revenues of the state" means the revenues described and enumerated in § 19-6-201 of the Revenue Classification Law, § 19-6-101 et seq., or in any successor law;

(9) "Irrigation" means the production or transportation of water for agricultural uses through artificial or natural conveyances for watering crops or other agricultural products;

(10) "Local entity" means any nonprofit corporation or any county, municipality, conservation district, improvement district, drainage district, irrigation district, levee district, regional water distribution district, public facilities board, public water authority, rural development authority, solid waste authority, regional wastewater treatment district, regional solid waste management district, rural water association, or school district in the state or any agency or instrumentality of any of the foregoing, or any agency or instrumentality of the state, including the Arkansas Natural Resources Commission;

(11) "Nationally recognized rating agency" means Moody's Investors Service, Inc., Standard & Poor's, Fitch Ratings, or any other nationally recognized rating agency approved by the State Investing Office;

(12) "Person" means any local entity or any individual, corporation, trust, limited liability company, or partnership;

(13) "Pollution abatement" means the reduction, prevention, recycling, control, or elimination by appropriate methods of contamination or pollution, or other alteration of the physical, chemical, or biological properties, of any land or waters of the state, or of such discharge of any liquid, gaseous, or solid substance as will or is likely to create a nuisance or render any land or waters of the state harmful or detrimental or injurious to public health, safety, or the welfare of individuals, to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life;

(14) "Prior act" means Acts 1997, No. 607, as now or hereafter amended;

(15) "Program" means the Water, Waste Disposal, and Pollution Abatement Facilities Development Program of the commission under which the commission will fund loans or grants to local entities or persons;

(16) (A) "Project" or "projects" means any lands, buildings, improvements, machinery, equipment, or other property, real, personal, or mixed, or any combination thereof, and programs using such property, developed in pursuance of the purposes of this subchapter, including without limitation: (i) The production, impoundment, treatment, and transportation of water; (ii) The collection, treatment, and disposition of waste; (iii) Pollution abatement programs; (iv) Drainage or flood control facilities; (v) Irrigation facilities; and (vi) The preservation and development of wetlands and aquatic resources. (B) "Project" or "projects" includes projects for: (i) Agricultural, administrative, research, residential, recreational, commercial, or industrial purposes; (ii) The use and benefit of local entities, the commission, and other persons; and (iii) Facilities and improvements that are necessary, ancillary, or related to a project;

(A) "Project" or "projects" means any lands, buildings, improvements, machinery, equipment, or other property, real, personal, or mixed, or any combination thereof, and programs using such property, developed in pursuance of the purposes of this subchapter, including without limitation: (i) The production, impoundment, treatment, and transportation of water; (ii) The collection, treatment, and disposition of waste; (iii) Pollution abatement programs; (iv) Drainage or flood control facilities; (v) Irrigation facilities; and (vi) The preservation and development of wetlands and aquatic resources.

(i) The production, impoundment, treatment, and transportation of water;

(ii) The collection, treatment, and disposition of waste;

(iii) Pollution abatement programs;

(iv) Drainage or flood control facilities;

(v) Irrigation facilities; and

(vi) The preservation and development of wetlands and aquatic resources.

(B) "Project" or "projects" includes projects for: (i) Agricultural, administrative, research, residential, recreational, commercial, or industrial purposes; (ii) The use and benefit of local entities, the commission, and other persons; and (iii) Facilities and improvements that are necessary, ancillary, or related to a project;

(i) Agricultural, administrative, research, residential, recreational, commercial, or industrial purposes;

(ii) The use and benefit of local entities, the commission, and other persons; and

(iii) Facilities and improvements that are necessary, ancillary, or related to a project;

(17) "Project costs" means all or any part of the administrative costs of the commission in connection with the program and the costs of developing any project, costs incidental or appropriate thereto, including without limitation all costs to the commission associated with the development or operation of any project in a supervisory capacity, and costs incidental or appropriate to the financing thereof, including without limitation capitalized interest, costs of issuance of and appropriate reserves for the bonds, loan or commitment fees, loan or grant administration fees, and costs for engineering, legal, and other administrative and consultant services;

(18) "State Investing Office" means the Treasurer of State for the investment of any funds established on the books of the State Treasury, and the commission for the investment of any funds held outside the State Treasury;

(19) "Waste" means a liquid or solid produced as an undesirable by-product of any activity;

(20) "Water" means any waters of the state, including surface water and ground water; and

(21) "Wetlands" means land that: (A) Has a predominance of hydric soils; (B) Is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and (C) Under normal circumstances supports a prevalence of the hydrophytic vegetation typically adapted for life in saturated soil conditions.

(A) Has a predominance of hydric soils;

(B) Is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and

(C) Under normal circumstances supports a prevalence of the hydrophytic vegetation typically adapted for life in saturated soil conditions.

Acts 2007, No. 631, § 1; 2009, No. 481, § 5.
Ark. Code Ann. § 15-4-3104 — AR Code / Title 15 / Chapter 4 / Subchapter 31 / Section 15-4-3104
[Repealed]
Status: repealed

Repealed by Act 2017, No. 208,§ 1, eff. 8/1/2017. Acts 2005, No. 1277, § 1; 2009, No. 795, § 2.

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

Acts 2005, No. 1277, § 1; 2009, No. 795, § 2.
Ark. Code Ann. § 15-74-604 — AR Code / Title 15 / Chapter 74 / Subchapter 6 / Section 15-74-604
Failure to pay royalties
Status: in_force

(a) An obligation arises under an oil and gas lease to pay or to deliver oil or gas royalties to the mineral owner or his or her assignee or to deliver oil or gas to a purchaser to the credit of the mineral owner or his or her assignee, and willful breach by the owner of the right to drill and produce of the obligation may authorize, among other relief, cancellation of the lease where determined, by the court, that the equities of the case warrant cancellation. (b) In the event the operator under an oil or gas lease fails to pay oil or gas royalties to the mineral owner or his or her assignee within one hundred eighty (180) days after oil or gas produced under the lease is marketed, the unpaid royalties shall bear interest thereafter at the rate of twelve percent (12%) per annum until paid. Provided, that the operator may remit annually to a person entitled to royalties the aggregate of up to twelve (12) months of monthly royalties where the aggregate amount owed is one hundred dollars ($100) or less. This subchapter shall not apply when mineral owners or their assignees elect to take their proportionate share of production in kind or in the event of unmarketability of title which would affect substantially the making of the royalty payments. (c) A prior first lien is created to the extent of any unpaid royalty, together with any interest or penalty thereon, granted or reserved in any valid instrument to secure the owner of the royalty interest, his or her heirs, devisees, successors, or assigns. (d) When payment has not been made upon any natural gas production within the time limits specified in § 15-74-601 , the first purchaser shall, upon suit being filed, suspend all royalty payments the subject of the litigation due under the lease interest to the owner of the right to drill and produce, provided that the first purchaser is made a party to the suit, and thereafter shall pay the amounts due all such royalty interests, as the amounts become due, into the registry of the court in which the suit is pending and the first purchaser shall be relieved of all further burdens or obligations therefor. Acts 1981, No. 269, § 1; 1983, No. 448, § 1; 1985 (1st Ex. Sess.), No. 39, § 1; 1985 (1st Ex. Sess.), No. 41, §§ 1, 2; A.S.A. 1947, § 53-525; Acts 2009, No. 1175, § 17.

(a) An obligation arises under an oil and gas lease to pay or to deliver oil or gas royalties to the mineral owner or his or her assignee or to deliver oil or gas to a purchaser to the credit of the mineral owner or his or her assignee, and willful breach by the owner of the right to drill and produce of the obligation may authorize, among other relief, cancellation of the lease where determined, by the court, that the equities of the case warrant cancellation.

(b) In the event the operator under an oil or gas lease fails to pay oil or gas royalties to the mineral owner or his or her assignee within one hundred eighty (180) days after oil or gas produced under the lease is marketed, the unpaid royalties shall bear interest thereafter at the rate of twelve percent (12%) per annum until paid. Provided, that the operator may remit annually to a person entitled to royalties the aggregate of up to twelve (12) months of monthly royalties where the aggregate amount owed is one hundred dollars ($100) or less. This subchapter shall not apply when mineral owners or their assignees elect to take their proportionate share of production in kind or in the event of unmarketability of title which would affect substantially the making of the royalty payments.

(c) A prior first lien is created to the extent of any unpaid royalty, together with any interest or penalty thereon, granted or reserved in any valid instrument to secure the owner of the royalty interest, his or her heirs, devisees, successors, or assigns.

(d) When payment has not been made upon any natural gas production within the time limits specified in § 15-74-601 , the first purchaser shall, upon suit being filed, suspend all royalty payments the subject of the litigation due under the lease interest to the owner of the right to drill and produce, provided that the first purchaser is made a party to the suit, and thereafter shall pay the amounts due all such royalty interests, as the amounts become due, into the registry of the court in which the suit is pending and the first purchaser shall be relieved of all further burdens or obligations therefor.

Acts 1981, No. 269, § 1; 1983, No. 448, § 1; 1985 (1st Ex. Sess.), No. 39, § 1; 1985 (1st Ex. Sess.), No. 41, §§ 1, 2; A.S.A. 1947, § 53-525; Acts 2009, No. 1175, § 17.
Ark. Code Ann. § 15-4-3216 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3216
Exemption from taxes - Eligible to secure deposits - Legal for investment
Status: in_force

(a) All bonds issued under Arkansas Constitution, Amendment 82, and this subchapter and interest on the bonds are exempt from all state and local taxes. (b) The bonds shall be eligible to secure deposits of all public funds and shall be legal for investment of bank, fiduciary, insurance company, trust, and public funds. Acts 2005, No. 1981, § 1.

(a) All bonds issued under Arkansas Constitution, Amendment 82, and this subchapter and interest on the bonds are exempt from all state and local taxes.

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

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-76-202 — AR Code / Title 15 / Chapter 76 / Subchapter 2 / Section 15-76-202
Corporations for disposal of salt water
Status: in_force

(a) Corporations may be created in this state for the purpose of gathering, storing, impounding, or otherwise disposing of salt water produced in the drilling and operation of oil wells in this state and to prevent the flow of such water into the streams of this state. Such corporations shall be formed and governed by the general corporation laws of this state. (b) Any person, corporation, association, or partnership which is now or may hereafter engage in the business of producing oil in this state, as well as any other person or firm, is authorized and empowered to subscribe for, own, and vote stock in corporations created pursuant to and for the purposes described in subsection (a) of this section. (c) It is the specific purpose and intent of the General Assembly in enacting this section to authorize the creation of corporations to dispose of salt water produced in drilling and operating oil wells and to encourage the development of the corporations by persons, firms, or corporations engaged in oil production in this state. In order to encourage and aid in the development of corporations to dispose of salt water arising from oil production, and in order to make it economical and practicable for oil producers in this state to develop the corporations or to obtain the benefits of the corporations in disposing of salt water, thereby preventing pollution of streams and lakes in this state, the Oil and Gas Commission and the Arkansas Pollution Control and Ecology Commission and all other appropriate state agencies are encouraged and directed to do and perform all acts within their power and authority to encourage the development of these corporations and assist oil producers in this state in obtaining the benefits for which these corporations are created. (d) The provisions of this section shall be cumulative to the existing laws of this state, and shall not be deemed to repeal or modify any of such existing laws unless directly in conflict herewith. Acts 1957, No. 392, §§ 1-3; A.S.A. 1947, §§ 53-213 -- 53-215, 53-215n.

(a) Corporations may be created in this state for the purpose of gathering, storing, impounding, or otherwise disposing of salt water produced in the drilling and operation of oil wells in this state and to prevent the flow of such water into the streams of this state. Such corporations shall be formed and governed by the general corporation laws of this state.

(b) Any person, corporation, association, or partnership which is now or may hereafter engage in the business of producing oil in this state, as well as any other person or firm, is authorized and empowered to subscribe for, own, and vote stock in corporations created pursuant to and for the purposes described in subsection (a) of this section.

(c) It is the specific purpose and intent of the General Assembly in enacting this section to authorize the creation of corporations to dispose of salt water produced in drilling and operating oil wells and to encourage the development of the corporations by persons, firms, or corporations engaged in oil production in this state. In order to encourage and aid in the development of corporations to dispose of salt water arising from oil production, and in order to make it economical and practicable for oil producers in this state to develop the corporations or to obtain the benefits of the corporations in disposing of salt water, thereby preventing pollution of streams and lakes in this state, the Oil and Gas Commission and the Arkansas Pollution Control and Ecology Commission and all other appropriate state agencies are encouraged and directed to do and perform all acts within their power and authority to encourage the development of these corporations and assist oil producers in this state in obtaining the benefits for which these corporations are created.

(d) The provisions of this section shall be cumulative to the existing laws of this state, and shall not be deemed to repeal or modify any of such existing laws unless directly in conflict herewith.

Acts 1957, No. 392, §§ 1-3; A.S.A. 1947, §§ 53-213 -- 53-215, 53-215n.
Ark. Code Ann. § 15-4-601 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-601
Title
Status: in_force

This subchapter shall be referred to and may be designated as the "Industrial Revenue Bond Guaranty Law". Acts 1967, No. 173, § 1; A.S.A. 1947, § 9-559.

This subchapter shall be referred to and may be designated as the "Industrial Revenue Bond Guaranty Law".

Acts 1967, No. 173, § 1; A.S.A. 1947, § 9-559.