Ark. Code Ann. § 15-11-510 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-510
Special rules for certain lodging facilities
Status: in_force

(a) A lodging facility may qualify as a tourism attraction project, as defined in § 15-11-503 , entitled to the benefits of this subchapter even though the lodging costs represent one hundred percent (100%) of the total tourism attraction project costs, provided the approved costs for the lodging facility exceed five million dollars ($5,000,000), and: (1) The lodging facility is attached to a convention center containing a minimum of seventy-five thousand square feet (75,000 sq. ft.); or (2) (A) The lodging facility contains a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space. (B) The benefits provided by this subchapter shall not be available to a lodging facility with approved costs exceeding five million dollars ($5,000,000) and containing a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space unless the Director of the Arkansas Economic Development Commission designates the lodging facility as an approved company and authorizes the undertaking of the tourism attraction project prior to April 1, 2011. (b) (1) A lodging facility qualifying as a tourism attraction project under this section shall be entitled to the sales tax benefits as provided in § 15-11-507(b)(1)(A) , provided that all other requirements of this subchapter regarding tourism attraction projects are satisfied. (2) The sales tax credit shall be available only against the increased state sales tax liability for the tourism attraction project. (c) A lodging facility located within a Natural State Initiative Opportunity Zone is not subject to the requirements of subsection (a) of this section. Amended by Act 2023, No. 652,§ 7, eff. 8/1/2023. Acts 1999, No. 1135, § 6; 2005, No. 2308, § 7; 2007, No. 1039, § 2; 2009, No. 672, § 1.

(a) A lodging facility may qualify as a tourism attraction project, as defined in § 15-11-503 , entitled to the benefits of this subchapter even though the lodging costs represent one hundred percent (100%) of the total tourism attraction project costs, provided the approved costs for the lodging facility exceed five million dollars ($5,000,000), and: (1) The lodging facility is attached to a convention center containing a minimum of seventy-five thousand square feet (75,000 sq. ft.); or (2) (A) The lodging facility contains a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space. (B) The benefits provided by this subchapter shall not be available to a lodging facility with approved costs exceeding five million dollars ($5,000,000) and containing a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space unless the Director of the Arkansas Economic Development Commission designates the lodging facility as an approved company and authorizes the undertaking of the tourism attraction project prior to April 1, 2011.

(1) The lodging facility is attached to a convention center containing a minimum of seventy-five thousand square feet (75,000 sq. ft.); or

(2) (A) The lodging facility contains a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space. (B) The benefits provided by this subchapter shall not be available to a lodging facility with approved costs exceeding five million dollars ($5,000,000) and containing a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space unless the Director of the Arkansas Economic Development Commission designates the lodging facility as an approved company and authorizes the undertaking of the tourism attraction project prior to April 1, 2011.

(A) The lodging facility contains a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space.

(B) The benefits provided by this subchapter shall not be available to a lodging facility with approved costs exceeding five million dollars ($5,000,000) and containing a minimum of twelve thousand square feet (12,000 sq. ft.) of meeting or exhibit space unless the Director of the Arkansas Economic Development Commission designates the lodging facility as an approved company and authorizes the undertaking of the tourism attraction project prior to April 1, 2011.

(b) (1) A lodging facility qualifying as a tourism attraction project under this section shall be entitled to the sales tax benefits as provided in § 15-11-507(b)(1)(A) , provided that all other requirements of this subchapter regarding tourism attraction projects are satisfied. (2) The sales tax credit shall be available only against the increased state sales tax liability for the tourism attraction project.

(1) A lodging facility qualifying as a tourism attraction project under this section shall be entitled to the sales tax benefits as provided in § 15-11-507(b)(1)(A) , provided that all other requirements of this subchapter regarding tourism attraction projects are satisfied.

(2) The sales tax credit shall be available only against the increased state sales tax liability for the tourism attraction project.

(c) A lodging facility located within a Natural State Initiative Opportunity Zone is not subject to the requirements of subsection (a) of this section.

Amended by Act 2023, No. 652,§ 7, eff. 8/1/2023.

Acts 1999, No. 1135, § 6; 2005, No. 2308, § 7; 2007, No. 1039, § 2; 2009, No. 672, § 1.
Ark. Code Ann. § 15-11-206 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-206
Functions, powers, and duties
Status: in_force

(a) The State Parks, Recreation, and Travel Commission shall: (1) Have and be subject to all functions, powers, and duties as by law are conferred and imposed upon it; and (2) For the purpose of regulating its own procedure and carrying out its functions, have the authority from time to time to make, amend, and enforce all reasonable rules not inconsistent with law which will aid in the performance of any of the functions, powers, or duties conferred or imposed upon it by law. (b) In addition, it shall be the function, power, and duty of the commission to: (1) Cooperate with other state agencies, civic organizations, and others similarly interested in preparing, correlating, and distributing information in furtherance of the commission's functions and to furnish or otherwise make such information available, without cost to the recipients, in such manner as the commission shall determine to all who may have an interest therein and, for such purpose, the executive head of each state agency shall furnish such information as shall be requested of him or her by the commission; (2) Contract and be contracted with; (3) Purchase, lease, rent, or sell and receive bequests or donations of any real, corporeal, or personal property; (4) Exploit and promote by all available means the recreational and travel potentialities of the state; (5) Acquire such land within the state as it may deem necessary or proper to the extension, development, or improvement of the state park system and, when necessary to properly carry out its functions, to acquire any real property by the exercise of its right of eminent domain, this right being vested in the commission; (6) Require a strict accounting of all business transacted by each concessionaire operating at a state park; and (7) Take such other action not inconsistent with law as it may deem necessary or desirable to carry out the intent and purposes of this subchapter. Amended by Act 2019, No. 315,§ 1100, eff. 7/24/2019. Acts 1955, No. 330, §§ 4, 5; 1969, No. 85, § 2; A.S.A. 1947, §§ 9-205, 9-206.

(a) The State Parks, Recreation, and Travel Commission shall: (1) Have and be subject to all functions, powers, and duties as by law are conferred and imposed upon it; and (2) For the purpose of regulating its own procedure and carrying out its functions, have the authority from time to time to make, amend, and enforce all reasonable rules not inconsistent with law which will aid in the performance of any of the functions, powers, or duties conferred or imposed upon it by law.

(1) Have and be subject to all functions, powers, and duties as by law are conferred and imposed upon it; and

(2) For the purpose of regulating its own procedure and carrying out its functions, have the authority from time to time to make, amend, and enforce all reasonable rules not inconsistent with law which will aid in the performance of any of the functions, powers, or duties conferred or imposed upon it by law.

(b) In addition, it shall be the function, power, and duty of the commission to: (1) Cooperate with other state agencies, civic organizations, and others similarly interested in preparing, correlating, and distributing information in furtherance of the commission's functions and to furnish or otherwise make such information available, without cost to the recipients, in such manner as the commission shall determine to all who may have an interest therein and, for such purpose, the executive head of each state agency shall furnish such information as shall be requested of him or her by the commission; (2) Contract and be contracted with; (3) Purchase, lease, rent, or sell and receive bequests or donations of any real, corporeal, or personal property; (4) Exploit and promote by all available means the recreational and travel potentialities of the state; (5) Acquire such land within the state as it may deem necessary or proper to the extension, development, or improvement of the state park system and, when necessary to properly carry out its functions, to acquire any real property by the exercise of its right of eminent domain, this right being vested in the commission; (6) Require a strict accounting of all business transacted by each concessionaire operating at a state park; and (7) Take such other action not inconsistent with law as it may deem necessary or desirable to carry out the intent and purposes of this subchapter.

(1) Cooperate with other state agencies, civic organizations, and others similarly interested in preparing, correlating, and distributing information in furtherance of the commission's functions and to furnish or otherwise make such information available, without cost to the recipients, in such manner as the commission shall determine to all who may have an interest therein and, for such purpose, the executive head of each state agency shall furnish such information as shall be requested of him or her by the commission;

(2) Contract and be contracted with;

(3) Purchase, lease, rent, or sell and receive bequests or donations of any real, corporeal, or personal property;

(4) Exploit and promote by all available means the recreational and travel potentialities of the state;

(5) Acquire such land within the state as it may deem necessary or proper to the extension, development, or improvement of the state park system and, when necessary to properly carry out its functions, to acquire any real property by the exercise of its right of eminent domain, this right being vested in the commission;

(6) Require a strict accounting of all business transacted by each concessionaire operating at a state park; and

(7) Take such other action not inconsistent with law as it may deem necessary or desirable to carry out the intent and purposes of this subchapter.

Amended by Act 2019, No. 315,§ 1100, eff. 7/24/2019.

Acts 1955, No. 330, §§ 4, 5; 1969, No. 85, § 2; A.S.A. 1947, §§ 9-205, 9-206.
Ark. Code Ann. § 15-5-312 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-312
Statement on face of bond - Security
Status: in_force

(a) It shall be plainly stated on the face of each bond that it has been issued under this subchapter, that the bonds shall be obligations only of the Arkansas Development Finance Authority, and that in no event shall the bonds constitute an indebtedness of the State of Arkansas or an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged or an indebtedness secured by lien on or a security interest in any property of the state. (b) The payment of the bonds' principal, redemption premium, if any, interest, and trustee's and paying agent's fees may be secured by any combination of: (1) A lien on any security interest in facilities financed by bonds issued under this subchapter; (2) A lien encumbering or pledge of loans made or mortgages purchased by the authority; (3) A pledge of revenues of the authority that are not derived from appropriations; (4) Collateral security received by the authority, including without limitation, the authority's interest in and revenue derived from loan agreements; (5) A pledge of revenues derived from or by reason of ownership of guaranteed educational loan notes, educational loan notes, any loan agreements relating to guaranteed educational loans or educational loans, and the interest and revenue from the loan agreements; and (6) A lien encumbering or pledge of the proceeds of the bonds and any reserves established in connection with the bonds. (c) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the loans, notes, loan agreements, mortgages, and collateral security. Amended by Act 2017, No. 824,§ 13, eff. 7/1/2017. Amended by Act 2015, No. 1060,§ 8, eff. 4/4/2015. Acts 1985, No. 1062, § 8.00; A.S.A. 1947, § 13-2908.

(a) It shall be plainly stated on the face of each bond that it has been issued under this subchapter, that the bonds shall be obligations only of the Arkansas Development Finance Authority, and that in no event shall the bonds constitute an indebtedness of the State of Arkansas or an indebtedness for which the faith and credit of the State of Arkansas or any of its revenues are pledged or an indebtedness secured by lien on or a security interest in any property of the state.

(b) The payment of the bonds' principal, redemption premium, if any, interest, and trustee's and paying agent's fees may be secured by any combination of: (1) A lien on any security interest in facilities financed by bonds issued under this subchapter; (2) A lien encumbering or pledge of loans made or mortgages purchased by the authority; (3) A pledge of revenues of the authority that are not derived from appropriations; (4) Collateral security received by the authority, including without limitation, the authority's interest in and revenue derived from loan agreements; (5) A pledge of revenues derived from or by reason of ownership of guaranteed educational loan notes, educational loan notes, any loan agreements relating to guaranteed educational loans or educational loans, and the interest and revenue from the loan agreements; and (6) A lien encumbering or pledge of the proceeds of the bonds and any reserves established in connection with the bonds.

(1) A lien on any security interest in facilities financed by bonds issued under this subchapter;

(2) A lien encumbering or pledge of loans made or mortgages purchased by the authority;

(3) A pledge of revenues of the authority that are not derived from appropriations;

(4) Collateral security received by the authority, including without limitation, the authority's interest in and revenue derived from loan agreements;

(5) A pledge of revenues derived from or by reason of ownership of guaranteed educational loan notes, educational loan notes, any loan agreements relating to guaranteed educational loans or educational loans, and the interest and revenue from the loan agreements; and

(6) A lien encumbering or pledge of the proceeds of the bonds and any reserves established in connection with the bonds.

(c) It shall not be necessary to the perfection of the lien and pledge for such purposes that the trustee in connection with the bond issue or the holders of the bonds take possession of the loans, notes, loan agreements, mortgages, and collateral security.

Amended by Act 2017, No. 824,§ 13, eff. 7/1/2017.

Amended by Act 2015, No. 1060,§ 8, eff. 4/4/2015.

Acts 1985, No. 1062, § 8.00; A.S.A. 1947, § 13-2908.
Ark. Code Ann. § 15-22-607 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-607
Bonds - Approval of Governor
Status: in_force

(a) Before any bonds may be issued during any fiscal biennium, the Arkansas Natural Resources Commission shall submit to the Governor a written plan for the work or projects to be performed with the proceeds derived from the sale of the bonds, the need for, and the estimated benefits thereof. (b) Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues, as such a term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued, would require moneys from the general revenues for allocation that would work undue hardship upon any agency or program supported from general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq. (c) Upon conclusion of the studies and after obtaining the advice of the Legislative Council thereon, the Governor, if he or she deems the plan to be in the public interest, by proclamation, shall authorize the commission to proceed with the issuance of the bonds as provided in this subchapter. (d) (1) If the Governor shall decline or refuse to give his or her approval for the issuance of the bonds and shall decline to issue a proclamation approving the issuance thereof, the Governor shall promptly notify the commission, in writing, and the commission shall not issue the bonds. (2) However, the commission may resubmit a request to the Governor for the issuance of the bonds within one (1) year from the date of notice of the Governor's refusal to grant approval for the issuance. (e) The issue as resubmitted to the Governor shall be dealt with in the same manner as provided for the initial request for authority to issue the bonds. Acts 1981, No. 496, § 2; A.S.A. 1947, § 21-2302.

(a) Before any bonds may be issued during any fiscal biennium, the Arkansas Natural Resources Commission shall submit to the Governor a written plan for the work or projects to be performed with the proceeds derived from the sale of the bonds, the need for, and the estimated benefits thereof.

(b) Upon receipt of the plan, the Governor shall confer with the Chief Fiscal Officer of the State concerning whether the annual amount of general revenue funds required to be set aside from the general revenues, as such a term is defined in the Revenue Stabilization Law, § 19-5-101 et seq., for payment of debt service requirements in connection with the bonds during either year of the fiscal biennium in which the bonds are to be issued, would require moneys from the general revenues for allocation that would work undue hardship upon any agency or program supported from general revenues under the provisions of the Revenue Stabilization Law, § 19-5-101 et seq.

(c) Upon conclusion of the studies and after obtaining the advice of the Legislative Council thereon, the Governor, if he or she deems the plan to be in the public interest, by proclamation, shall authorize the commission to proceed with the issuance of the bonds as provided in this subchapter.

(d) (1) If the Governor shall decline or refuse to give his or her approval for the issuance of the bonds and shall decline to issue a proclamation approving the issuance thereof, the Governor shall promptly notify the commission, in writing, and the commission shall not issue the bonds. (2) However, the commission may resubmit a request to the Governor for the issuance of the bonds within one (1) year from the date of notice of the Governor's refusal to grant approval for the issuance.

(1) If the Governor shall decline or refuse to give his or her approval for the issuance of the bonds and shall decline to issue a proclamation approving the issuance thereof, the Governor shall promptly notify the commission, in writing, and the commission shall not issue the bonds.

(2) However, the commission may resubmit a request to the Governor for the issuance of the bonds within one (1) year from the date of notice of the Governor's refusal to grant approval for the issuance.

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

Acts 1981, No. 496, § 2; A.S.A. 1947, § 21-2302.
Ark. Code Ann. § 15-73-202 — AR Code / Title 15 / Chapter 73 / Subchapter 2 / Section 15-73-202
Leases of oil, gas, and mining interests by churches, lodges, and eleemosynary institutions
Status: in_force

Except where otherwise provided for in the charter, constitution, or bylaws of any church, lodge, or other eleemosynary institution, the trustee, deacons, or other governing body shall have the right and authority to make, execute, and deliver oil, gas, and mining leases, and mineral deeds upon lands owned by the institutions upon such terms and conditions as the governing body shall deem to be in the best interest of the institutions, and the majority vote of the body shall control in all such actions taken by the body. Acts 1923, No. 628, § 1; Pope's Dig., §§ 10503, 11370; A.S.A. 1947, § 53-301.

Except where otherwise provided for in the charter, constitution, or bylaws of any church, lodge, or other eleemosynary institution, the trustee, deacons, or other governing body shall have the right and authority to make, execute, and deliver oil, gas, and mining leases, and mineral deeds upon lands owned by the institutions upon such terms and conditions as the governing body shall deem to be in the best interest of the institutions, and the majority vote of the body shall control in all such actions taken by the body.

Acts 1923, No. 628, § 1; Pope's Dig., §§ 10503, 11370; A.S.A. 1947, § 53-301.
Ark. Code Ann. § 15-22-604 — AR Code / Title 15 / Chapter 22 / Subchapter 6 / Section 15-22-604
Powers of commission
Status: in_force

In addition to powers conferred under other laws, the Arkansas Natural Resources Commission shall have the power under this subchapter: (1) To develop water resources projects; (2) To acquire absolute title to and use for any purpose and at any place water stored in any reservoir or other impoundment; (3) To acquire, collect, impound, store, transport, distribute, sell, furnish, and dispose of water to any person at any place; (4) To construct, lease as lessee, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange, and mortgage all or any part of any project; (5) To purify, treat, and process water; (6) To assist persons in the preparation of their premises for the use of water furnished by the commission and to construct upon such premises project properties of any kind and character and, in connection therewith, to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and other evidences of indebtedness; (7) To acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner to dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate; (8) To sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including, without limitation, franchises, rights, privileges, licenses, rights-of-way, and easements; (9) To use the bed of any watercourse without adversely affecting existing riparian rights, any highway, or any right-of-way, easement, or other similar property rights or any tax-forfeited land owned or held by the State of Arkansas or by any political subdivision thereof; (10) To have and exercise the right of eminent domain for the purpose of acquiring lands, whether by the fee title thereto or any easement, right-of-way, or other interest or estate therein, for reservoirs and other projects or portions thereof utilizing the procedure now provided for condemnation by railroads by §§ 18-15-1201 - 18-15-1207 ; (11) To accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed; (12) To make any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter; (13) To fix, regulate, and collect rates, fees, rents, or other charges for water or for the use of any properties or services furnished by the commission; and (14) To take such other action as may be appropriate to accomplish the purposes of this subchapter. Acts 1981, No. 496, § 13; 1985, No. 280, § 4; A.S.A. 1947, § 21-2313; Acts 1991, No. 786, § 18.

In addition to powers conferred under other laws, the Arkansas Natural Resources Commission shall have the power under this subchapter:

(1) To develop water resources projects;

(2) To acquire absolute title to and use for any purpose and at any place water stored in any reservoir or other impoundment;

(3) To acquire, collect, impound, store, transport, distribute, sell, furnish, and dispose of water to any person at any place;

(4) To construct, lease as lessee, and in any manner acquire, own, hold, maintain, operate, sell, dispose of, lease as lessor, exchange, and mortgage all or any part of any project;

(5) To purify, treat, and process water;

(6) To assist persons in the preparation of their premises for the use of water furnished by the commission and to construct upon such premises project properties of any kind and character and, in connection therewith, to receive, acquire, endorse, pledge, hypothecate, and dispose of notes, bonds, and other evidences of indebtedness;

(7) To acquire, own, hold, use, exercise, sell, mortgage, pledge, hypothecate, and in any manner to dispose of franchises, rights, privileges, licenses, rights-of-way, and easements necessary, useful, or appropriate;

(8) To sell and convey, mortgage, pledge, lease as lessor, and otherwise dispose of all or any part of any project or other properties, tangible or intangible, including, without limitation, franchises, rights, privileges, licenses, rights-of-way, and easements;

(9) To use the bed of any watercourse without adversely affecting existing riparian rights, any highway, or any right-of-way, easement, or other similar property rights or any tax-forfeited land owned or held by the State of Arkansas or by any political subdivision thereof;

(10) To have and exercise the right of eminent domain for the purpose of acquiring lands, whether by the fee title thereto or any easement, right-of-way, or other interest or estate therein, for reservoirs and other projects or portions thereof utilizing the procedure now provided for condemnation by railroads by §§ 18-15-1201 - 18-15-1207 ;

(11) To accept gifts or grants of moneys, services, franchises, rights, privileges, licenses, rights-of-way, easements, or other property, real, personal, or mixed;

(12) To make any and all contracts necessary or convenient for the exercise of the powers or implementation of the purposes set forth in this subchapter;

(13) To fix, regulate, and collect rates, fees, rents, or other charges for water or for the use of any properties or services furnished by the commission; and

(14) To take such other action as may be appropriate to accomplish the purposes of this subchapter.

Acts 1981, No. 496, § 13; 1985, No. 280, § 4; A.S.A. 1947, § 21-2313; Acts 1991, No. 786, § 18.
Ark. Code Ann. § 15-31-116 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-116
Donation of fire control or fire rescue equipment - Definition
Status: in_force

(a) (1) A person may donate fire control or fire rescue equipment to the Arkansas Forestry Commission for the commission's use or for distribution to volunteer fire departments by the commission. (2) Breathing apparatus that is donated to the commission shall be recertified to the manufacturer's specifications by a technician certified by the manufacturer before it is used by the commission or made available to a volunteer fire department. (b) (1) A person is not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment donated in good faith by a person under this section unless the person's act or omission proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct. (2) The commission, the State Forester, the Department of Agriculture, the Secretary of the Department of Agriculture, and other officers and employees of the department are not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment sold, loaned, or otherwise made available in good faith by the State Forester under this section unless the act or omission of the commission, the State Forester, the department, the secretary, or the officer or employee of the department proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct. (c) As used in this section, "fire control or fire rescue equipment" means and includes vehicles, firefighting tools, protective gear, breathing apparatus, and other supplies and tools used in firefighting or fire rescue. Amended by Act 2019, No. 910,§ 96, eff. 7/1/2019. Acts 1999, No. 106, § 1.

(a) (1) A person may donate fire control or fire rescue equipment to the Arkansas Forestry Commission for the commission's use or for distribution to volunteer fire departments by the commission. (2) Breathing apparatus that is donated to the commission shall be recertified to the manufacturer's specifications by a technician certified by the manufacturer before it is used by the commission or made available to a volunteer fire department.

(1) A person may donate fire control or fire rescue equipment to the Arkansas Forestry Commission for the commission's use or for distribution to volunteer fire departments by the commission.

(2) Breathing apparatus that is donated to the commission shall be recertified to the manufacturer's specifications by a technician certified by the manufacturer before it is used by the commission or made available to a volunteer fire department.

(b) (1) A person is not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment donated in good faith by a person under this section unless the person's act or omission proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct. (2) The commission, the State Forester, the Department of Agriculture, the Secretary of the Department of Agriculture, and other officers and employees of the department are not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment sold, loaned, or otherwise made available in good faith by the State Forester under this section unless the act or omission of the commission, the State Forester, the department, the secretary, or the officer or employee of the department proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct.

(1) A person is not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment donated in good faith by a person under this section unless the person's act or omission proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct.

(2) The commission, the State Forester, the Department of Agriculture, the Secretary of the Department of Agriculture, and other officers and employees of the department are not liable in civil damages for personal injury, property damage, or death resulting from a defect in equipment sold, loaned, or otherwise made available in good faith by the State Forester under this section unless the act or omission of the commission, the State Forester, the department, the secretary, or the officer or employee of the department proximately causing the claim, damage, or loss constitutes malice, gross negligence, recklessness, or intentional misconduct.

(c) As used in this section, "fire control or fire rescue equipment" means and includes vehicles, firefighting tools, protective gear, breathing apparatus, and other supplies and tools used in firefighting or fire rescue.

Amended by Act 2019, No. 910,§ 96, eff. 7/1/2019.

Acts 1999, No. 106, § 1.
Ark. Code Ann. § 15-57-414 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-414
Distribution of fees, fines, and forfeiture amounts
Status: in_force

(a) The Division of Environmental Quality shall collect fees, fines, and bond forfeiture amounts pursuant to this subchapter. (b) These revenues, along with gifts, grants, donations, and other funds received under this subchapter, including all interest earned, shall be deposited into the Land Reclamation Fund established by § 15-57-319 . (c) The division shall use these funds pursuant to this subchapter for contract awards for the reclamation of affected lands as required by this subchapter. (d) When accumulated funds equal the product of ten percent (10%) of the number of acres of affected lands times one thousand dollars ($1,000), surplus funds shall be deposited into the State Treasury as general revenues. Amended by Act 2019, No. 910,§ 3136, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3135, eff. 7/1/2019. Acts 1997, No. 1166, § 14.

(a) The Division of Environmental Quality shall collect fees, fines, and bond forfeiture amounts pursuant to this subchapter.

(b) These revenues, along with gifts, grants, donations, and other funds received under this subchapter, including all interest earned, shall be deposited into the Land Reclamation Fund established by § 15-57-319 .

(c) The division shall use these funds pursuant to this subchapter for contract awards for the reclamation of affected lands as required by this subchapter.

(d) When accumulated funds equal the product of ten percent (10%) of the number of acres of affected lands times one thousand dollars ($1,000), surplus funds shall be deposited into the State Treasury as general revenues.

Amended by Act 2019, No. 910,§ 3136, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3135, eff. 7/1/2019.

Acts 1997, No. 1166, § 14.
Ark. Code Ann. § 15-4-412 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-412
Expenses
Status: in_force

The Arkansas Economic Development Council may require the small business investment company borrowing money from the council or selling small business concern investment loans to the council to pay all or part of the incidental expenses in connection therewith and all or part of the expenses of issuance of the bonds. Acts 1985, No. 869, § 5; A.S.A. 1947, § 9-573.

The Arkansas Economic Development Council may require the small business investment company borrowing money from the council or selling small business concern investment loans to the council to pay all or part of the incidental expenses in connection therewith and all or part of the expenses of issuance of the bonds.

Acts 1985, No. 869, § 5; A.S.A. 1947, § 9-573.
Ark. Code Ann. § 15-4-508 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-508
Filing corrected articles of incorporation
Status: in_force

(a) In the event any corporation has filed defective articles of incorporation or has failed to do all things necessary to perfect its corporate organization, it may, nevertheless, file corrected articles of incorporation or amend the original articles and do and perform all acts and things necessary in the premises for the correction of such defects. (b) The action so taken shall be valid and binding upon all persons concerned. The capacity of such a corporation to file corrected articles of incorporation or amendments to the original articles or to do and perform all acts and things necessary in the premises shall not be questioned. Acts 1955, No. 404, § 18; A.S.A. 1947, § 9-521; Acts 1997, No. 339, § 3.

(a) In the event any corporation has filed defective articles of incorporation or has failed to do all things necessary to perfect its corporate organization, it may, nevertheless, file corrected articles of incorporation or amend the original articles and do and perform all acts and things necessary in the premises for the correction of such defects.

(b) The action so taken shall be valid and binding upon all persons concerned. The capacity of such a corporation to file corrected articles of incorporation or amendments to the original articles or to do and perform all acts and things necessary in the premises shall not be questioned.

Acts 1955, No. 404, § 18; A.S.A. 1947, § 9-521; Acts 1997, No. 339, § 3.
Ark. Code Ann. § 15-4-927 — AR Code / Title 15 / Chapter 4 / Subchapter 9 / Section 15-4-927
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 3, eff. 8/1/2017. Acts 1957, No. 567, § 16; A.S.A. 1947, § 67-1616.

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

Acts 1957, No. 567, § 16; A.S.A. 1947, § 67-1616.
Ark. Code Ann. § 15-58-502 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-502
Necessity of permit - Application
Status: in_force

(a) Any person in expectation of conducting surface coal mining and reclamation operations in this state must apply for a permit. (b) No person shall engage in or carry out on lands within the state any surface coal mining operations unless that person has first obtained a permit issued by the Director of the Division of Environmental Quality pursuant to this chapter and in accordance with the rules issued pursuant to this chapter. (c) Any person conducting surface coal mining and reclamation operations in this state in compliance with a valid permit and who has filed a permit application may continue to conduct operations until the director approves or denies his or her application. Amended by Act 2019, No. 315,§ 1211, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3160, eff. 7/1/2019. Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.

(a) Any person in expectation of conducting surface coal mining and reclamation operations in this state must apply for a permit.

(b) No person shall engage in or carry out on lands within the state any surface coal mining operations unless that person has first obtained a permit issued by the Director of the Division of Environmental Quality pursuant to this chapter and in accordance with the rules issued pursuant to this chapter.

(c) Any person conducting surface coal mining and reclamation operations in this state in compliance with a valid permit and who has filed a permit application may continue to conduct operations until the director approves or denies his or her application.

Amended by Act 2019, No. 315,§ 1211, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3160, eff. 7/1/2019.

Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Ark. Code Ann. § 15-43-107 — AR Code / Title 15 / Chapter 43 / Subchapter 1 / Section 15-43-107
Setting fires
Status: in_force

(a) It shall be unlawful for any person to set a fire or cause a fire to be set in the woods or marsh lands of another, and it shall also be unlawful for any person to leave any campfire without first extinguishing the fire or to build any campfire, or other fire, in any wooded area in a manner or place where it cannot be easily extinguished. (b) Any person violating the provisions of subsection (a) of this section shall be guilty of a misdemeanor and on conviction fined in any sum not less than ten dollars ($10.00). Acts 1943, No. 146, § 9; A.S.A. 1947, § 47-502.

(a) It shall be unlawful for any person to set a fire or cause a fire to be set in the woods or marsh lands of another, and it shall also be unlawful for any person to leave any campfire without first extinguishing the fire or to build any campfire, or other fire, in any wooded area in a manner or place where it cannot be easily extinguished.

(b) Any person violating the provisions of subsection (a) of this section shall be guilty of a misdemeanor and on conviction fined in any sum not less than ten dollars ($10.00).

Acts 1943, No. 146, § 9; A.S.A. 1947, § 47-502.
Ark. Code Ann. § 15-4-1406 — AR Code / Title 15 / Chapter 4 / Subchapter 14 / Section 15-4-1406
Fees - Review of proposals
Status: in_force

(a) The Center for Prototype Development and Emerging Technologies shall charge a filing fee of up to five hundred dollars ($500) for each proposal submitted for review and evaluation, depending upon the cost to research the proposal as determined by the center. (b) After review and evaluation, proposals shall be accepted or rejected for product development under the inventors' assistance program. Acts 1991, No. 707, § 5.

(a) The Center for Prototype Development and Emerging Technologies shall charge a filing fee of up to five hundred dollars ($500) for each proposal submitted for review and evaluation, depending upon the cost to research the proposal as determined by the center.

(b) After review and evaluation, proposals shall be accepted or rejected for product development under the inventors' assistance program.

Acts 1991, No. 707, § 5.
Ark. Code Ann. § 15-4-3710 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3710
Local workforce development certification
Status: in_force

(a) One (1) time every two (2) years, the Governor shall certify one (1) local workforce development board for each local workforce development area in the state. (b) The certification under this section shall be based on criteria established under § 15-4-3709 , and for a second or subsequent certification, the extent to which the local workforce development board has ensured that workforce investment activities carried out in the local workforce development area have enabled the local workforce development area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity. (c) Failure of a local workforce development board to achieve certification shall result in the appointment and certification of a new local workforce development board. (d) After providing notice and an opportunity for comment, the Governor may decertify a local workforce development board at any time for: (1) Fraud or abuse; (2) Failure to carry out the functions specified for the local workforce development board; or (3) Failure to meet the local performance accountability measures under this subchapter for two (2) consecutive program years. (e) If the Governor decertifies a local workforce development board, the Governor may require that a new local workforce development board be appointed and certified for the local workforce development area pursuant to a reorganization plan developed by the Governor in consultation with the chief elected official in the local workforce development area. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) One (1) time every two (2) years, the Governor shall certify one (1) local workforce development board for each local workforce development area in the state.

(b) The certification under this section shall be based on criteria established under § 15-4-3709 , and for a second or subsequent certification, the extent to which the local workforce development board has ensured that workforce investment activities carried out in the local workforce development area have enabled the local workforce development area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity.

(c) Failure of a local workforce development board to achieve certification shall result in the appointment and certification of a new local workforce development board.

(d) After providing notice and an opportunity for comment, the Governor may decertify a local workforce development board at any time for: (1) Fraud or abuse; (2) Failure to carry out the functions specified for the local workforce development board; or (3) Failure to meet the local performance accountability measures under this subchapter for two (2) consecutive program years.

(1) Fraud or abuse;

(2) Failure to carry out the functions specified for the local workforce development board; or

(3) Failure to meet the local performance accountability measures under this subchapter for two (2) consecutive program years.

(e) If the Governor decertifies a local workforce development board, the Governor may require that a new local workforce development board be appointed and certified for the local workforce development area pursuant to a reorganization plan developed by the Governor in consultation with the chief elected official in the local workforce development area.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-31-108 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-108
State Forestry Fund
Status: in_force

There is created and established in the State Treasury a fund which shall be designated and known as the "State Forestry Fund". All moneys from whatever source received and deposited into the fund shall be used exclusively by the Arkansas Forestry Commission in carrying out its respective functions and duties as provided by law. Acts 1935, No. 85, § 6; Pope's Dig., § 3054; Acts 1953, No. 42, § 8; 1955, No. 99, § 3; A.S.A. 1947, §§ 9-701.8, 41-1956; Acts 1997, No. 132, § 2.

There is created and established in the State Treasury a fund which shall be designated and known as the "State Forestry Fund". All moneys from whatever source received and deposited into the fund shall be used exclusively by the Arkansas Forestry Commission in carrying out its respective functions and duties as provided by law.

Acts 1935, No. 85, § 6; Pope's Dig., § 3054; Acts 1953, No. 42, § 8; 1955, No. 99, § 3; A.S.A. 1947, §§ 9-701.8, 41-1956; Acts 1997, No. 132, § 2.
Ark. Code Ann. § 15-72-403 — AR Code / Title 15 / Chapter 72 / Subchapter 4 / Section 15-72-403
Summons
Status: in_force

(a) Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to other officers or persons the court may authorize to serve process, requiring them to summon any and all persons, without undertaking to name them, who may be interested in the illegal oil, illegal gas, or illegal product mentioned in the complaint to appear and answer within thirty (30) days after the issuance and service of the summons. (b) The summons shall contain the style and number of the suit and a very brief statement of the nature of the cause of action. (c) Notice shall be served by posting one (1) copy at the courthouse door of the county where the commodity involved in the suit is alleged to be located and by posting another copy near the place where the commodity is alleged to be located. (d) One (1) copy of the summons shall be posted at least five (5) days before the return day stated therein, and the posting of the copy shall constitute constructive possession of the commodity by the state. (e) A copy of the summons shall also be published once each week for four (4) weeks in some newspaper published in the county where the suit is pending and having a bona fide circulation therein. (f) No judgment shall be pronounced by any circuit court condemning the commodity as contraband until after the lapse of five (5) days from the last publication of the summons. Proof of service of the summons, and the manner thereof, shall be provided by general law. Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.

(a) Upon the filing of the complaint, the clerk of the court shall issue a summons directed to the sheriff of the county, or to other officers or persons the court may authorize to serve process, requiring them to summon any and all persons, without undertaking to name them, who may be interested in the illegal oil, illegal gas, or illegal product mentioned in the complaint to appear and answer within thirty (30) days after the issuance and service of the summons.

(b) The summons shall contain the style and number of the suit and a very brief statement of the nature of the cause of action.

(c) Notice shall be served by posting one (1) copy at the courthouse door of the county where the commodity involved in the suit is alleged to be located and by posting another copy near the place where the commodity is alleged to be located.

(d) One (1) copy of the summons shall be posted at least five (5) days before the return day stated therein, and the posting of the copy shall constitute constructive possession of the commodity by the state.

(e) A copy of the summons shall also be published once each week for four (4) weeks in some newspaper published in the county where the suit is pending and having a bona fide circulation therein.

(f) No judgment shall be pronounced by any circuit court condemning the commodity as contraband until after the lapse of five (5) days from the last publication of the summons. Proof of service of the summons, and the manner thereof, shall be provided by general law.

Acts 1939, No. 105, § 24; A.S.A. 1947, § 53-124.
Ark. Code Ann. § 15-11-604 — AR Code / Title 15 / Chapter 11 / Subchapter 6 / Section 15-11-604
[Repealed]
Status: repealed

Repealed by Act 2017, No. 374,§ 22, eff. 8/1/2017. Acts 1997, No. 1278, § 4.

Repealed by Act 2017, No. 374,§ 22, eff. 8/1/2017.

Acts 1997, No. 1278, § 4.
Ark. Code Ann. § 15-72-1103 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1103
Nature, extent, and duration of oil and gas lien
Status: in_force

(a) To secure the obligations of a first purchaser to pay the sales price, each interest owner is granted an oil and gas lien to the extent of the interest owner's interest in an oil and gas right that exists as part of and incident to the ownership of an oil and gas right. (b) An oil and gas lien: (1) Exists in and attaches immediately to all oil and gas as of July 28, 2021; (2) Continues uninterrupted and without lapse in all oil and gas upon and after severance; and (3) Continues uninterrupted and without lapse in and to all proceeds. (c) (1) An oil and gas lien exists until the interest owner or representative first entitled to receive the sales price has received the sales price. (2) (A) Notwithstanding subdivision (c)(1) of this section, as between an interest owner and a representative or a person claiming adversely to the interest owner or representative, the interest owner's oil and gas lien continues uninterrupted and without lapse in proceeds in the possession or control of a representative until the interest owner on whose behalf the representative acts receives the proceeds in full. (B) (i) When a first purchaser, in good faith, pays the sales price to an interest owner or a representative otherwise apparently entitled to receive the sales price and the first purchaser is without actual knowledge that the interest owner or representative is not entitled to receive the sales price so paid, then the first purchaser takes free of the oil and gas lien otherwise applicable to the oil or gas for which the payment was made. (ii) Notwithstanding subdivision (c)(2)(B)(i) of this section, the oil and gas lien shall continue uninterrupted in the proceeds paid to or otherwise due the interest owner or representative. (d) (1) The validity of an oil and gas lien shall not be dependent on possession of the oil or gas by an interest owner or representative. (2) An oil and gas lien shall not become or be deemed to be void or expired by reason of a change or transfer of the actual or constructive possession of or title to the oil or gas from the interest owner or representative to a first purchaser or purchaser. (e) On the conveyance or transfer of an oil and gas right by a transferor interest owner, the oil and gas lien vested in the transferor interest owner immediately before the conveyance or transfer shall remain with the transferor interest owner to the extent of the oil and gas right retained by the transferor interest owner. (f) On the conveyance or transfer of an oil and gas right by a transferor interest owner, the oil and gas lien vested in the transferor interest owner immediately before the conveyance or transfer shall be transferred to and attach automatically to the oil and gas right acquired by the transferee interest owner uninterrupted and without lapse and as part of and incident to the oil and gas right transferred or conveyed. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) To secure the obligations of a first purchaser to pay the sales price, each interest owner is granted an oil and gas lien to the extent of the interest owner's interest in an oil and gas right that exists as part of and incident to the ownership of an oil and gas right.

(b) An oil and gas lien: (1) Exists in and attaches immediately to all oil and gas as of July 28, 2021; (2) Continues uninterrupted and without lapse in all oil and gas upon and after severance; and (3) Continues uninterrupted and without lapse in and to all proceeds.

(1) Exists in and attaches immediately to all oil and gas as of July 28, 2021;

(2) Continues uninterrupted and without lapse in all oil and gas upon and after severance; and

(3) Continues uninterrupted and without lapse in and to all proceeds.

(c) (1) An oil and gas lien exists until the interest owner or representative first entitled to receive the sales price has received the sales price. (2) (A) Notwithstanding subdivision (c)(1) of this section, as between an interest owner and a representative or a person claiming adversely to the interest owner or representative, the interest owner's oil and gas lien continues uninterrupted and without lapse in proceeds in the possession or control of a representative until the interest owner on whose behalf the representative acts receives the proceeds in full. (B) (i) When a first purchaser, in good faith, pays the sales price to an interest owner or a representative otherwise apparently entitled to receive the sales price and the first purchaser is without actual knowledge that the interest owner or representative is not entitled to receive the sales price so paid, then the first purchaser takes free of the oil and gas lien otherwise applicable to the oil or gas for which the payment was made. (ii) Notwithstanding subdivision (c)(2)(B)(i) of this section, the oil and gas lien shall continue uninterrupted in the proceeds paid to or otherwise due the interest owner or representative.

(1) An oil and gas lien exists until the interest owner or representative first entitled to receive the sales price has received the sales price.

(2) (A) Notwithstanding subdivision (c)(1) of this section, as between an interest owner and a representative or a person claiming adversely to the interest owner or representative, the interest owner's oil and gas lien continues uninterrupted and without lapse in proceeds in the possession or control of a representative until the interest owner on whose behalf the representative acts receives the proceeds in full. (B) (i) When a first purchaser, in good faith, pays the sales price to an interest owner or a representative otherwise apparently entitled to receive the sales price and the first purchaser is without actual knowledge that the interest owner or representative is not entitled to receive the sales price so paid, then the first purchaser takes free of the oil and gas lien otherwise applicable to the oil or gas for which the payment was made. (ii) Notwithstanding subdivision (c)(2)(B)(i) of this section, the oil and gas lien shall continue uninterrupted in the proceeds paid to or otherwise due the interest owner or representative.

(A) Notwithstanding subdivision (c)(1) of this section, as between an interest owner and a representative or a person claiming adversely to the interest owner or representative, the interest owner's oil and gas lien continues uninterrupted and without lapse in proceeds in the possession or control of a representative until the interest owner on whose behalf the representative acts receives the proceeds in full.

(B) (i) When a first purchaser, in good faith, pays the sales price to an interest owner or a representative otherwise apparently entitled to receive the sales price and the first purchaser is without actual knowledge that the interest owner or representative is not entitled to receive the sales price so paid, then the first purchaser takes free of the oil and gas lien otherwise applicable to the oil or gas for which the payment was made. (ii) Notwithstanding subdivision (c)(2)(B)(i) of this section, the oil and gas lien shall continue uninterrupted in the proceeds paid to or otherwise due the interest owner or representative.

(i) When a first purchaser, in good faith, pays the sales price to an interest owner or a representative otherwise apparently entitled to receive the sales price and the first purchaser is without actual knowledge that the interest owner or representative is not entitled to receive the sales price so paid, then the first purchaser takes free of the oil and gas lien otherwise applicable to the oil or gas for which the payment was made.

(ii) Notwithstanding subdivision (c)(2)(B)(i) of this section, the oil and gas lien shall continue uninterrupted in the proceeds paid to or otherwise due the interest owner or representative.

(d) (1) The validity of an oil and gas lien shall not be dependent on possession of the oil or gas by an interest owner or representative. (2) An oil and gas lien shall not become or be deemed to be void or expired by reason of a change or transfer of the actual or constructive possession of or title to the oil or gas from the interest owner or representative to a first purchaser or purchaser.

(1) The validity of an oil and gas lien shall not be dependent on possession of the oil or gas by an interest owner or representative.

(2) An oil and gas lien shall not become or be deemed to be void or expired by reason of a change or transfer of the actual or constructive possession of or title to the oil or gas from the interest owner or representative to a first purchaser or purchaser.

(e) On the conveyance or transfer of an oil and gas right by a transferor interest owner, the oil and gas lien vested in the transferor interest owner immediately before the conveyance or transfer shall remain with the transferor interest owner to the extent of the oil and gas right retained by the transferor interest owner.

(f) On the conveyance or transfer of an oil and gas right by a transferor interest owner, the oil and gas lien vested in the transferor interest owner immediately before the conveyance or transfer shall be transferred to and attach automatically to the oil and gas right acquired by the transferee interest owner uninterrupted and without lapse and as part of and incident to the oil and gas right transferred or conveyed.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-4-518 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-518
Security for bonds
Status: in_force

(a) (1) Such bonds, notes, or other obligations as may be issued by the corporation may be secured by a mortgage or deed of trust of any of the lands of the corporation and the improvements constructed or proposed to be constructed thereon and machinery and equipment installed or to be installed therein. (2) However, no corporation shall issue first lien obligations under the provisions of this act in excess of eighty percent (80%) of the appraised or cost value duly established of such lands, improvements, machinery, and equipment mortgaged to secure payment of the obligations. (b) Obligations may be secured additionally by a mortgage or deed of trust on any other personal property of the corporation, by a pledge of the revenues of the corporation derived from the properties mortgaged to secure the obligations, and by a pledge of any and all other income of the corporation. Acts 1955, No. 404, § 28; 1957, No. 47, § 6; 1968 (2nd Ex. Sess.), No. 11, § 4; A.S.A. 1947, § 9-531.

(a) (1) Such bonds, notes, or other obligations as may be issued by the corporation may be secured by a mortgage or deed of trust of any of the lands of the corporation and the improvements constructed or proposed to be constructed thereon and machinery and equipment installed or to be installed therein. (2) However, no corporation shall issue first lien obligations under the provisions of this act in excess of eighty percent (80%) of the appraised or cost value duly established of such lands, improvements, machinery, and equipment mortgaged to secure payment of the obligations.

(1) Such bonds, notes, or other obligations as may be issued by the corporation may be secured by a mortgage or deed of trust of any of the lands of the corporation and the improvements constructed or proposed to be constructed thereon and machinery and equipment installed or to be installed therein.

(2) However, no corporation shall issue first lien obligations under the provisions of this act in excess of eighty percent (80%) of the appraised or cost value duly established of such lands, improvements, machinery, and equipment mortgaged to secure payment of the obligations.

(b) Obligations may be secured additionally by a mortgage or deed of trust on any other personal property of the corporation, by a pledge of the revenues of the corporation derived from the properties mortgaged to secure the obligations, and by a pledge of any and all other income of the corporation.

Acts 1955, No. 404, § 28; 1957, No. 47, § 6; 1968 (2nd Ex. Sess.), No. 11, § 4; A.S.A. 1947, § 9-531.
Ark. Code Ann. § 15-31-103 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-103
Organization
Status: in_force

(a) From time to time, the Arkansas Forestry Commission shall select from its membership a chair and a vice chair. (b) The State Forester provided for in § 15-31-104 shall be an ex officio member of the Arkansas Forestry Commission but shall have no vote on matters coming before it. (c) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public. (d) The rules shall provide for regular quarterly meetings and for special meetings at the call of the Chair of the Arkansas Forestry Commission or of the Vice Chair of the Arkansas Forestry Commission if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least five (5) members. (e) (1) A quorum shall consist of a majority of the voting members. (2) A majority affirmative vote of that number shall be necessary for the disposition of any business. Amended by Act 2023, No. 691,§ 71, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 70, eff. 7/1/2023. Acts 1953, No. 42, § 6; A.S.A. 1947, § 9-701.6.

(a) From time to time, the Arkansas Forestry Commission shall select from its membership a chair and a vice chair.

(b) The State Forester provided for in § 15-31-104 shall be an ex officio member of the Arkansas Forestry Commission but shall have no vote on matters coming before it.

(c) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public.

(d) The rules shall provide for regular quarterly meetings and for special meetings at the call of the Chair of the Arkansas Forestry Commission or of the Vice Chair of the Arkansas Forestry Commission if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least five (5) members.

(e) (1) A quorum shall consist of a majority of the voting members. (2) A majority affirmative vote of that number shall be necessary for the disposition of any business.

(1) A quorum shall consist of a majority of the voting members.

(2) A majority affirmative vote of that number shall be necessary for the disposition of any business.

Amended by Act 2023, No. 691,§ 71, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 70, eff. 7/1/2023.

Acts 1953, No. 42, § 6; A.S.A. 1947, § 9-701.6.
Ark. Code Ann. § 15-4-2306 — AR Code / Title 15 / Chapter 4 / Subchapter 23 / Section 15-4-2306
Tax credit
Status: in_force

(a) A taxpayer shall be entitled to a credit against any Arkansas income tax liability which may be imposed on the taxpayer for any tax year commencing on or after January 1, 1999, for contributions transmitted to the Treasurer of State pursuant to this subchapter. (b) The credit shall be determined in the following manner: (1) The credit shall be calculated as thirty-three percent (33%) of the taxpayer's contribution; (2) In any one (1) tax year, the credit allowed by this section shall offset up to one hundred percent (100%) of the net Arkansas state income tax liability of the taxpayer; and (3) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against any Arkansas state income tax liability for the next-succeeding tax year and annually thereafter for a total period of ten (10) years next succeeding the year in which the credit arose, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first. Amended by Act 2021, No. 628,§ 1, eff. for tax years beginning on or after January 1, 2020. Acts 1999, No. 1347, § 1.

(a) A taxpayer shall be entitled to a credit against any Arkansas income tax liability which may be imposed on the taxpayer for any tax year commencing on or after January 1, 1999, for contributions transmitted to the Treasurer of State pursuant to this subchapter.

(b) The credit shall be determined in the following manner: (1) The credit shall be calculated as thirty-three percent (33%) of the taxpayer's contribution; (2) In any one (1) tax year, the credit allowed by this section shall offset up to one hundred percent (100%) of the net Arkansas state income tax liability of the taxpayer; and (3) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against any Arkansas state income tax liability for the next-succeeding tax year and annually thereafter for a total period of ten (10) years next succeeding the year in which the credit arose, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first.

(1) The credit shall be calculated as thirty-three percent (33%) of the taxpayer's contribution;

(2) In any one (1) tax year, the credit allowed by this section shall offset up to one hundred percent (100%) of the net Arkansas state income tax liability of the taxpayer; and

(3) Any credit in excess of the amount allowed by subdivision (b)(2) of this section for any one (1) tax year may be carried forward and applied against any Arkansas state income tax liability for the next-succeeding tax year and annually thereafter for a total period of ten (10) years next succeeding the year in which the credit arose, subject to the provisions of subdivision (b)(2) of this section or until the credit is exhausted, whichever occurs first.

Amended by Act 2021, No. 628,§ 1, eff. for tax years beginning on or after January 1, 2020.

Acts 1999, No. 1347, § 1.
Ark. Code Ann. § 15-4-701 — AR Code / Title 15 / Chapter 4 / Subchapter 7 / Section 15-4-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Industrial Development Guaranty Bond Act". Acts 1969, No. 397, § 4; A.S.A. 1947, § 9-568.

This subchapter shall be known and may be cited as the "Industrial Development Guaranty Bond Act".

Acts 1969, No. 397, § 4; A.S.A. 1947, § 9-568.
Ark. Code Ann. § 15-4-510 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-510
Bylaws
Status: in_force

(a) The power to make, alter, amend, or repeal the bylaws of the corporation shall be vested in the board of directors. (b) The bylaws may contain any provision for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation. Acts 1955, No. 404, § 21; A.S.A. 1947, § 9-524; Acts 1997, No. 339, § 5.

(a) The power to make, alter, amend, or repeal the bylaws of the corporation shall be vested in the board of directors.

(b) The bylaws may contain any provision for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.

Acts 1955, No. 404, § 21; A.S.A. 1947, § 9-524; Acts 1997, No. 339, § 5.
Ark. Code Ann. § 15-60-101 — AR Code / Title 15 / Chapter 60 / Section 15-60-101
Chapter cumulative
Status: in_force

This chapter is not intended to repeal any law now in force in this state except insofar as it is in direct conflict with the provisions hereof, but shall be cumulative thereto. Acts 1943, No. 86, § 18; A.S.A. 1947, § 52-817.

This chapter is not intended to repeal any law now in force in this state except insofar as it is in direct conflict with the provisions hereof, but shall be cumulative thereto.

Acts 1943, No. 86, § 18; A.S.A. 1947, § 52-817.
Ark. Code Ann. § 15-22-705 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-705
Waste disposal and pollution abatement facilities bonds - Authority to issue
Status: in_force

The Arkansas Natural Resources Commission is authorized to issue bonds of the State of Arkansas, to be known as "State of Arkansas Waste Disposal and Pollution Abatement Facilities General Obligation Bonds", in total principal amount not to exceed two hundred fifty million dollars ($250,000,000), for the purposes set forth in this subchapter. The bonds may be issued in one (1) or more series as required subject to the conditions and in compliance with the procedures set forth in this subchapter. Acts 1987, No. 686, § 2.

The Arkansas Natural Resources Commission is authorized to issue bonds of the State of Arkansas, to be known as "State of Arkansas Waste Disposal and Pollution Abatement Facilities General Obligation Bonds", in total principal amount not to exceed two hundred fifty million dollars ($250,000,000), for the purposes set forth in this subchapter. The bonds may be issued in one (1) or more series as required subject to the conditions and in compliance with the procedures set forth in this subchapter.

Acts 1987, No. 686, § 2.
Ark. Code Ann. § 15-33-103 — AR Code / Title 15 / Chapter 33 / Section 15-33-103
Effective date
Status: in_force

When the Governor has executed the South Central Interstate Forest Fire Protection Compact on behalf of this state and has caused a verified copy thereof to be filed with the Secretary of State, and when the compact has been ratified by one (1) or more of the states named in § 15-33-101 , then the compact shall become operative and effective as between this state and the other state or states. The Governor is authorized and directed to take action as necessary to complete the exchange of official documents between this state and any other state ratifying the compact. Acts 1953, No. 361, § 2; A.S.A. 1947, § 9-735.

When the Governor has executed the South Central Interstate Forest Fire Protection Compact on behalf of this state and has caused a verified copy thereof to be filed with the Secretary of State, and when the compact has been ratified by one (1) or more of the states named in § 15-33-101 , then the compact shall become operative and effective as between this state and the other state or states. The Governor is authorized and directed to take action as necessary to complete the exchange of official documents between this state and any other state ratifying the compact.

Acts 1953, No. 361, § 2; A.S.A. 1947, § 9-735.
Ark. Code Ann. § 15-76-318 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-318
Drilling permits - Fees
Status: in_force

(a) Before any well shall be drilled either in search of brine or for the injection of effluent, the person desiring to drill the well shall notify the Oil and Gas Commission upon the form the commission may prescribe and shall pay a fee of one hundred fifty dollars ($150) or the sum the commission may prescribe for each well. However, in no event shall the fee exceed three hundred dollars ($300). The drilling of any such well is prohibited until notice is given and the fee has been paid and permit granted. (b) Each application for the drilling of a well for the production of brine or for the purpose of injecting effluent into an aquifer shall include the complete mailing address of the applicant or each applicant, which address shall be the address of each person involved in accordance with the records of the director until the address is changed on the records of the commission after written request. Acts 1979, No. 937, § 11; 1981, No. 264, § 2; A.S.A. 1947, § 53-1311.

(a) Before any well shall be drilled either in search of brine or for the injection of effluent, the person desiring to drill the well shall notify the Oil and Gas Commission upon the form the commission may prescribe and shall pay a fee of one hundred fifty dollars ($150) or the sum the commission may prescribe for each well. However, in no event shall the fee exceed three hundred dollars ($300). The drilling of any such well is prohibited until notice is given and the fee has been paid and permit granted.

(b) Each application for the drilling of a well for the production of brine or for the purpose of injecting effluent into an aquifer shall include the complete mailing address of the applicant or each applicant, which address shall be the address of each person involved in accordance with the records of the director until the address is changed on the records of the commission after written request.

Acts 1979, No. 937, § 11; 1981, No. 264, § 2; A.S.A. 1947, § 53-1311.
Ark. Code Ann. § 15-5-1209 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1209
Eligible security
Status: in_force

The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, districts, authorities, and other political subdivisions of the state. Acts 1995, No. 1054, § 1.

The bonds are eligible to secure deposits of public funds of the state and cities, counties, school districts, districts, authorities, and other political subdivisions of the state.

Acts 1995, No. 1054, § 1.
Ark. Code Ann. § 15-5-307 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-307
Request to issue certain bonds
Status: in_force

(a) When gubernatorial approval is required by the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, or any other federal or state law, the Governor is authorized to approve the issuance of bonds by the Arkansas Development Finance Authority upon receipt of written request for approval from the Board of Directors of the Arkansas Development Finance Authority. (b) The written request shall state that the authority has conducted a public hearing pursuant to appropriate public notice concerning the purposes for which the bonds are to be issued, shall contain a description of the project or projects to be financed, and shall describe the method of financing the project or projects. (c) The written request shall also summarize the comments made and questions posed at the public hearing. Acts 1985, No. 1062, § 9.00; A.S.A. 1947, § 13-2909.

(a) When gubernatorial approval is required by the provisions of the Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, or any other federal or state law, the Governor is authorized to approve the issuance of bonds by the Arkansas Development Finance Authority upon receipt of written request for approval from the Board of Directors of the Arkansas Development Finance Authority.

(b) The written request shall state that the authority has conducted a public hearing pursuant to appropriate public notice concerning the purposes for which the bonds are to be issued, shall contain a description of the project or projects to be financed, and shall describe the method of financing the project or projects.

(c) The written request shall also summarize the comments made and questions posed at the public hearing.

Acts 1985, No. 1062, § 9.00; A.S.A. 1947, § 13-2909.
Ark. Code Ann. § 15-72-901 — AR Code / Title 15 / Chapter 72 / Subchapter 9 / Section 15-72-901
Governor authorized to execute agreement - Two-year extension of compact
Status: in_force

The Governor is authorized and directed, for and in the name of the State of Arkansas, to join with other states in the Interstate Compact to Conserve Oil and Gas, which was heretofore executed in the City of Dallas, Texas, on February 16, 1935, and now deposited with the Department of State of the United States, and which has been twice extended for a two-year period, and to enter into and execute an agreement with other states now parties or which may hereafter become parties, whereby said compact shall be extended for a period of two (2) years from September 1, 1941, subject to the approval of Congress. Acts 1941, No. 86, § 1; A.S.A. 1947, § 53-801.

The Governor is authorized and directed, for and in the name of the State of Arkansas, to join with other states in the Interstate Compact to Conserve Oil and Gas, which was heretofore executed in the City of Dallas, Texas, on February 16, 1935, and now deposited with the Department of State of the United States, and which has been twice extended for a two-year period, and to enter into and execute an agreement with other states now parties or which may hereafter become parties, whereby said compact shall be extended for a period of two (2) years from September 1, 1941, subject to the approval of Congress.

Acts 1941, No. 86, § 1; A.S.A. 1947, § 53-801.
Ark. Code Ann. § 15-3-205 — AR Code / Title 15 / Chapter 3 / Subchapter 2 / Section 15-3-205
Funds for match
Status: in_force

Funds used under the provisions of this subchapter shall adhere to the following criteria: (1) Be used for the purposes of matching an approved grant from an eligible federal agency, limited to the following: (A) The National Science Foundation; (B) The National Institutes of Health; (C) The United States Department of Energy; (D) The United States Department of Defense; (E) The United States Environmental Protection Agency; (F) The National Aeronautics and Space Administration; (G) The United States Department of Agriculture; (H) The United States Department of Transportation; (I) The United States Department of Commerce; (J) The United States Department of Education; and (K) The United States Department of Homeland Security; (2) (A) Proposals for federal funds that contain a specific state or federal match requirement, for the purposes of this subchapter, shall not be matched at a rate of more than fifty percent (50%), except that any portion of the match over fifty percent (50%) may be borne by the college or university. (B) Proposals for federal funds that do not contain a specific state or federal match requirement, for the purposes of this subchapter, shall not be matched at a rate of more than ten percent (10%), provided that the state share is matched dollar for dollar by the college or university for a combined match of not more than twenty percent (20%), except that any portion of the match over twenty percent (20%) may be borne by the college or university; and (3) A state financial match requirement of at least twenty thousand dollars ($20,000) for equipment matching and at least fifty thousand dollars ($50,000) for research project matching. Acts 1999, No. 1545, § 5; 2005, No. 2265, § 1.

Funds used under the provisions of this subchapter shall adhere to the following criteria:

(1) Be used for the purposes of matching an approved grant from an eligible federal agency, limited to the following: (A) The National Science Foundation; (B) The National Institutes of Health; (C) The United States Department of Energy; (D) The United States Department of Defense; (E) The United States Environmental Protection Agency; (F) The National Aeronautics and Space Administration; (G) The United States Department of Agriculture; (H) The United States Department of Transportation; (I) The United States Department of Commerce; (J) The United States Department of Education; and (K) The United States Department of Homeland Security;

(A) The National Science Foundation;

(B) The National Institutes of Health;

(C) The United States Department of Energy;

(D) The United States Department of Defense;

(E) The United States Environmental Protection Agency;

(F) The National Aeronautics and Space Administration;

(G) The United States Department of Agriculture;

(H) The United States Department of Transportation;

(I) The United States Department of Commerce;

(J) The United States Department of Education; and

(K) The United States Department of Homeland Security;

(2) (A) Proposals for federal funds that contain a specific state or federal match requirement, for the purposes of this subchapter, shall not be matched at a rate of more than fifty percent (50%), except that any portion of the match over fifty percent (50%) may be borne by the college or university. (B) Proposals for federal funds that do not contain a specific state or federal match requirement, for the purposes of this subchapter, shall not be matched at a rate of more than ten percent (10%), provided that the state share is matched dollar for dollar by the college or university for a combined match of not more than twenty percent (20%), except that any portion of the match over twenty percent (20%) may be borne by the college or university; and

(A) Proposals for federal funds that contain a specific state or federal match requirement, for the purposes of this subchapter, shall not be matched at a rate of more than fifty percent (50%), except that any portion of the match over fifty percent (50%) may be borne by the college or university.

(B) Proposals for federal funds that do not contain a specific state or federal match requirement, for the purposes of this subchapter, shall not be matched at a rate of more than ten percent (10%), provided that the state share is matched dollar for dollar by the college or university for a combined match of not more than twenty percent (20%), except that any portion of the match over twenty percent (20%) may be borne by the college or university; and

(3) A state financial match requirement of at least twenty thousand dollars ($20,000) for equipment matching and at least fifty thousand dollars ($50,000) for research project matching.

Acts 1999, No. 1545, § 5; 2005, No. 2265, § 1.
Ark. Code Ann. § 15-45-305 — AR Code / Title 15 / Chapter 45 / Subchapter 3 / Section 15-45-305
Balance of funds carried forward annually
Status: in_force

All balances in the Nongame Preservation Program shall be carried forward each year so that no part thereof shall revert to the General Fund of this state. Acts 1983, No. 475, § 4; A.S.A. 1947, § 47-903.

All balances in the Nongame Preservation Program shall be carried forward each year so that no part thereof shall revert to the General Fund of this state.

Acts 1983, No. 475, § 4; A.S.A. 1947, § 47-903.
Ark. Code Ann. § 15-75-201 — AR Code / Title 15 / Chapter 75 / Subchapter 2 / Section 15-75-201
Members
Status: in_force

(a) The Liquefied Petroleum Gas Board shall consist of seven (7) members who are residents of the State of Arkansas, at least twenty-one (21) years of age, of good moral character, and who shall be appointed by the Governor and confirmed by the Senate. (b) (1) There shall be one (1) member appointed by the Governor from each congressional district, as the districts existed on January 1, 2007. (2) There shall be three (3) at-large members appointed by the Governor. (3) (A) (i) A board member appointed before July 31, 2007 shall serve the remainder of his or her previously appointed six-year term. (ii) For a board member appointed after July 31, 2007 the term of office shall be four (4) years. (B) (i) No board member appointed after July 31, 2007 may serve more than two (2) consecutive four-year terms. (ii) Subdivision (b)(3)(B)(i) of this section does not preclude a former board member from serving again if he or she has not served as a member of the board for at least four (4) consecutive years. (4) The board shall have at least one (1) member who: (A) Represents the general public; and (B) Is not employed by, engaged in, or retired from the liquefied petroleum gas industry in any manner. (c) After appointment and before entering upon his or her respective duties, each member of the board shall take and subscribe and file in the office of the Secretary of State the oath of office prescribed by Arkansas Constitution, Article 19, § 20. (d) Members of the board shall not receive compensation for their services but may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Acts 1965, No. 31, §§ 2, 3, 6, 9; 1975 (Ex. Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 53-702, 53-703, 53-705, 53-708; reen. Acts 1987, No. 862, § 1; Acts 1997, No. 250, § 113; 1999, No. 1577, § 1; 2001, No. 440, § 1; 2007, No. 733, § 1.

(a) The Liquefied Petroleum Gas Board shall consist of seven (7) members who are residents of the State of Arkansas, at least twenty-one (21) years of age, of good moral character, and who shall be appointed by the Governor and confirmed by the Senate.

(b) (1) There shall be one (1) member appointed by the Governor from each congressional district, as the districts existed on January 1, 2007. (2) There shall be three (3) at-large members appointed by the Governor. (3) (A) (i) A board member appointed before July 31, 2007 shall serve the remainder of his or her previously appointed six-year term. (ii) For a board member appointed after July 31, 2007 the term of office shall be four (4) years. (B) (i) No board member appointed after July 31, 2007 may serve more than two (2) consecutive four-year terms. (ii) Subdivision (b)(3)(B)(i) of this section does not preclude a former board member from serving again if he or she has not served as a member of the board for at least four (4) consecutive years. (4) The board shall have at least one (1) member who: (A) Represents the general public; and (B) Is not employed by, engaged in, or retired from the liquefied petroleum gas industry in any manner.

(1) There shall be one (1) member appointed by the Governor from each congressional district, as the districts existed on January 1, 2007.

(2) There shall be three (3) at-large members appointed by the Governor.

(3) (A) (i) A board member appointed before July 31, 2007 shall serve the remainder of his or her previously appointed six-year term. (ii) For a board member appointed after July 31, 2007 the term of office shall be four (4) years. (B) (i) No board member appointed after July 31, 2007 may serve more than two (2) consecutive four-year terms. (ii) Subdivision (b)(3)(B)(i) of this section does not preclude a former board member from serving again if he or she has not served as a member of the board for at least four (4) consecutive years.

(A) (i) A board member appointed before July 31, 2007 shall serve the remainder of his or her previously appointed six-year term. (ii) For a board member appointed after July 31, 2007 the term of office shall be four (4) years.

(i) A board member appointed before July 31, 2007 shall serve the remainder of his or her previously appointed six-year term.

(ii) For a board member appointed after July 31, 2007 the term of office shall be four (4) years.

(B) (i) No board member appointed after July 31, 2007 may serve more than two (2) consecutive four-year terms. (ii) Subdivision (b)(3)(B)(i) of this section does not preclude a former board member from serving again if he or she has not served as a member of the board for at least four (4) consecutive years.

(i) No board member appointed after July 31, 2007 may serve more than two (2) consecutive four-year terms.

(ii) Subdivision (b)(3)(B)(i) of this section does not preclude a former board member from serving again if he or she has not served as a member of the board for at least four (4) consecutive years.

(4) The board shall have at least one (1) member who: (A) Represents the general public; and (B) Is not employed by, engaged in, or retired from the liquefied petroleum gas industry in any manner.

(A) Represents the general public; and

(B) Is not employed by, engaged in, or retired from the liquefied petroleum gas industry in any manner.

(c) After appointment and before entering upon his or her respective duties, each member of the board shall take and subscribe and file in the office of the Secretary of State the oath of office prescribed by Arkansas Constitution, Article 19, § 20.

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

Acts 1965, No. 31, §§ 2, 3, 6, 9; 1975 (Ex. Sess., 1976), No. 1035, § 1; A.S.A. 1947, §§ 6-616, 53-702, 53-703, 53-705, 53-708; reen. Acts 1987, No. 862, § 1; Acts 1997, No. 250, § 113; 1999, No. 1577, § 1; 2001, No. 440, § 1; 2007, No. 733, § 1.
Ark. Code Ann. § 15-4-3702 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3702
Purpose
Status: in_force

The purpose of this subchapter is to outline a workforce development plan for Arkansas and to comply with the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, by increasing access for Arkansans, particularly those individuals with barriers to employment, to opportunities for employment, education, training, and the support services they need to succeed in the labor market through alignment of workforce development, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the state to better address the employment and skill needs of workers, jobseekers, and employers, and, as a result, ensure family-sustaining wages for individuals and economic growth for communities, regions, and the global competitiveness of the state. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

The purpose of this subchapter is to outline a workforce development plan for Arkansas and to comply with the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, by increasing access for Arkansans, particularly those individuals with barriers to employment, to opportunities for employment, education, training, and the support services they need to succeed in the labor market through alignment of workforce development, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the state to better address the employment and skill needs of workers, jobseekers, and employers, and, as a result, ensure family-sustaining wages for individuals and economic growth for communities, regions, and the global competitiveness of the state.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-57-316 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-316
Bond of operator
Status: in_force

(a) (1) (A) Any bond provided in this subchapter to be filed with the Division of Environmental Quality by the operator shall be in such form as the division shall prescribe, payable to the State of Arkansas through the division, conditioned that the operator shall faithfully perform all requirements of this subchapter and comply with all rules and orders made in accordance with the provisions of this subchapter. (B) The bond shall be signed by the operator and a good and sufficient corporate surety authorized to do business in the United States. (2) The penalty of the bond shall be in an amount equal to the estimated cost of reclamation, as required in § 15-57-311(d) . (3) (A) In the event that the division finds the cost of reclamation to be an underestimate, the division shall make use of available expertise to establish the estimated cost of reclamation, which shall be the amount of the bond. (B) In the event of a disagreement concerning the estimate of the proper amount of the bond, the division may retain independent expertise as is necessary to establish the amount of the bond. (4) The Arkansas Pollution Control and Ecology Commission shall promulgate rules concerning bonds and substituted security which will attempt to ensure that small operators are not precluded from development of mineral resources as a result of high bond amounts, but which will provide reasonable security. (b) (1) The division may accept cash, securities, or other collateral, including, but not limited to, letters of credit and mortgages on real property provided by the operator in an amount equal to that of the required bond as provided in subsection (a) of this section. (2) The bond or substituted security may be increased or reduced from time to time as provided in this subchapter. (3) The bond or substituted security shall be in effect and subject to forfeiture in accordance with this subchapter from and after the time that the operator has affected land in the process of open-cut mining or after the time a permit is granted by the division until the affected area has been reclaimed, approved, and released. (c) (1) Any bond or substituted security shall not be cancelled by the surety unless it has given no less than ninety (90) days' notice of the cancellation to the division. (2) In no event shall a bond be cancelled on an area that at the time of cancellation has become affected land under the provisions of this subchapter. (d) (1) If the license to do business of any surety upon a bond or substituted security filed with the division pursuant to this subchapter shall be suspended or revoked, the operator, within thirty (30) days after receiving notice of the revocation, shall substitute for the surety a licensed corporate surety. (2) Upon the failure of the operator to make substitution of the surety, the division shall suspend the permit of the operator until the substitution is made. (e) (1) The division shall give written notice to the operator of any violation of this subchapter or noncompliance with any of the rules or orders promulgated under this subchapter. (2) If corrective measures determined by the division, including, but not limited to, increase of the bond or substituted security, are not commenced or agreed to by the operator within a reasonable period of time to be determined by the division, the division may terminate the permit of the operator and forfeit the bond or substituted security. (3) If a permit has not been issued but a bond has been posted during the application process and this process will not be completed and there is affected land at the site, the division may forfeit the bond or substituted security as provided in § 15-57-317 . (f) The division may reclaim any affected land for which a bond has been forfeited. (g) (1) Whenever an operator shall have completed all requirements under the provisions of this subchapter as to any affected land, it shall so notify the division. (2) If the division determines that the operator has completed reclamation requirements and achieved results appropriate to the use for which the affected land was reclaimed, the division shall release the operator from further obligations regarding the affected land and the penalty of the bond or substituted security shall be reduced accordingly. (h) (1) Upon partial completion of reclamation, the operator may submit a written request to the division for the purpose of proportionately reducing the amount of the bond or substituted security upon affected lands. (2) If the division determines that proper reclamation has been accomplished under the provisions of this subchapter on an area less than the total area of the affected area, the division shall proportionately reduce the amount of the bond or substituted security. (i) No operator shall be eligible to receive a new or renewed permit who has had a permit revoked, bond forfeited, or who has outstanding substantial unmitigated violations of this subchapter, including failure to reclaim, unless the division finds upon review a demonstrable change of circumstances justifying an exception to these prohibitions. (j) Liability under the bond or substituted security shall be for the duration of the open-cut mining operation and for that period required to establish successful reclamation of the affected area. (k) Nothing contained herein shall be deemed to preclude the right of the division to recover the actual cost of reclamation over and above the amount of bond. Amended by Act 2019, No. 315,§ 1165, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1164, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1163, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3107, eff. 7/1/2019. Acts 1991, No. 827, § 15; 1999, No. 1526, § 7.

(a) (1) (A) Any bond provided in this subchapter to be filed with the Division of Environmental Quality by the operator shall be in such form as the division shall prescribe, payable to the State of Arkansas through the division, conditioned that the operator shall faithfully perform all requirements of this subchapter and comply with all rules and orders made in accordance with the provisions of this subchapter. (B) The bond shall be signed by the operator and a good and sufficient corporate surety authorized to do business in the United States. (2) The penalty of the bond shall be in an amount equal to the estimated cost of reclamation, as required in § 15-57-311(d) . (3) (A) In the event that the division finds the cost of reclamation to be an underestimate, the division shall make use of available expertise to establish the estimated cost of reclamation, which shall be the amount of the bond. (B) In the event of a disagreement concerning the estimate of the proper amount of the bond, the division may retain independent expertise as is necessary to establish the amount of the bond. (4) The Arkansas Pollution Control and Ecology Commission shall promulgate rules concerning bonds and substituted security which will attempt to ensure that small operators are not precluded from development of mineral resources as a result of high bond amounts, but which will provide reasonable security.

(1) (A) Any bond provided in this subchapter to be filed with the Division of Environmental Quality by the operator shall be in such form as the division shall prescribe, payable to the State of Arkansas through the division, conditioned that the operator shall faithfully perform all requirements of this subchapter and comply with all rules and orders made in accordance with the provisions of this subchapter. (B) The bond shall be signed by the operator and a good and sufficient corporate surety authorized to do business in the United States.

(A) Any bond provided in this subchapter to be filed with the Division of Environmental Quality by the operator shall be in such form as the division shall prescribe, payable to the State of Arkansas through the division, conditioned that the operator shall faithfully perform all requirements of this subchapter and comply with all rules and orders made in accordance with the provisions of this subchapter.

(B) The bond shall be signed by the operator and a good and sufficient corporate surety authorized to do business in the United States.

(2) The penalty of the bond shall be in an amount equal to the estimated cost of reclamation, as required in § 15-57-311(d) .

(3) (A) In the event that the division finds the cost of reclamation to be an underestimate, the division shall make use of available expertise to establish the estimated cost of reclamation, which shall be the amount of the bond. (B) In the event of a disagreement concerning the estimate of the proper amount of the bond, the division may retain independent expertise as is necessary to establish the amount of the bond.

(A) In the event that the division finds the cost of reclamation to be an underestimate, the division shall make use of available expertise to establish the estimated cost of reclamation, which shall be the amount of the bond.

(B) In the event of a disagreement concerning the estimate of the proper amount of the bond, the division may retain independent expertise as is necessary to establish the amount of the bond.

(4) The Arkansas Pollution Control and Ecology Commission shall promulgate rules concerning bonds and substituted security which will attempt to ensure that small operators are not precluded from development of mineral resources as a result of high bond amounts, but which will provide reasonable security.

(b) (1) The division may accept cash, securities, or other collateral, including, but not limited to, letters of credit and mortgages on real property provided by the operator in an amount equal to that of the required bond as provided in subsection (a) of this section. (2) The bond or substituted security may be increased or reduced from time to time as provided in this subchapter. (3) The bond or substituted security shall be in effect and subject to forfeiture in accordance with this subchapter from and after the time that the operator has affected land in the process of open-cut mining or after the time a permit is granted by the division until the affected area has been reclaimed, approved, and released.

(1) The division may accept cash, securities, or other collateral, including, but not limited to, letters of credit and mortgages on real property provided by the operator in an amount equal to that of the required bond as provided in subsection (a) of this section.

(2) The bond or substituted security may be increased or reduced from time to time as provided in this subchapter.

(3) The bond or substituted security shall be in effect and subject to forfeiture in accordance with this subchapter from and after the time that the operator has affected land in the process of open-cut mining or after the time a permit is granted by the division until the affected area has been reclaimed, approved, and released.

(c) (1) Any bond or substituted security shall not be cancelled by the surety unless it has given no less than ninety (90) days' notice of the cancellation to the division. (2) In no event shall a bond be cancelled on an area that at the time of cancellation has become affected land under the provisions of this subchapter.

(1) Any bond or substituted security shall not be cancelled by the surety unless it has given no less than ninety (90) days' notice of the cancellation to the division.

(2) In no event shall a bond be cancelled on an area that at the time of cancellation has become affected land under the provisions of this subchapter.

(d) (1) If the license to do business of any surety upon a bond or substituted security filed with the division pursuant to this subchapter shall be suspended or revoked, the operator, within thirty (30) days after receiving notice of the revocation, shall substitute for the surety a licensed corporate surety. (2) Upon the failure of the operator to make substitution of the surety, the division shall suspend the permit of the operator until the substitution is made.

(1) If the license to do business of any surety upon a bond or substituted security filed with the division pursuant to this subchapter shall be suspended or revoked, the operator, within thirty (30) days after receiving notice of the revocation, shall substitute for the surety a licensed corporate surety.

(2) Upon the failure of the operator to make substitution of the surety, the division shall suspend the permit of the operator until the substitution is made.

(e) (1) The division shall give written notice to the operator of any violation of this subchapter or noncompliance with any of the rules or orders promulgated under this subchapter. (2) If corrective measures determined by the division, including, but not limited to, increase of the bond or substituted security, are not commenced or agreed to by the operator within a reasonable period of time to be determined by the division, the division may terminate the permit of the operator and forfeit the bond or substituted security. (3) If a permit has not been issued but a bond has been posted during the application process and this process will not be completed and there is affected land at the site, the division may forfeit the bond or substituted security as provided in § 15-57-317 .

(1) The division shall give written notice to the operator of any violation of this subchapter or noncompliance with any of the rules or orders promulgated under this subchapter.

(2) If corrective measures determined by the division, including, but not limited to, increase of the bond or substituted security, are not commenced or agreed to by the operator within a reasonable period of time to be determined by the division, the division may terminate the permit of the operator and forfeit the bond or substituted security.

(3) If a permit has not been issued but a bond has been posted during the application process and this process will not be completed and there is affected land at the site, the division may forfeit the bond or substituted security as provided in § 15-57-317 .

(f) The division may reclaim any affected land for which a bond has been forfeited.

(g) (1) Whenever an operator shall have completed all requirements under the provisions of this subchapter as to any affected land, it shall so notify the division. (2) If the division determines that the operator has completed reclamation requirements and achieved results appropriate to the use for which the affected land was reclaimed, the division shall release the operator from further obligations regarding the affected land and the penalty of the bond or substituted security shall be reduced accordingly.

(1) Whenever an operator shall have completed all requirements under the provisions of this subchapter as to any affected land, it shall so notify the division.

(2) If the division determines that the operator has completed reclamation requirements and achieved results appropriate to the use for which the affected land was reclaimed, the division shall release the operator from further obligations regarding the affected land and the penalty of the bond or substituted security shall be reduced accordingly.

(h) (1) Upon partial completion of reclamation, the operator may submit a written request to the division for the purpose of proportionately reducing the amount of the bond or substituted security upon affected lands. (2) If the division determines that proper reclamation has been accomplished under the provisions of this subchapter on an area less than the total area of the affected area, the division shall proportionately reduce the amount of the bond or substituted security.

(1) Upon partial completion of reclamation, the operator may submit a written request to the division for the purpose of proportionately reducing the amount of the bond or substituted security upon affected lands.

(2) If the division determines that proper reclamation has been accomplished under the provisions of this subchapter on an area less than the total area of the affected area, the division shall proportionately reduce the amount of the bond or substituted security.

(i) No operator shall be eligible to receive a new or renewed permit who has had a permit revoked, bond forfeited, or who has outstanding substantial unmitigated violations of this subchapter, including failure to reclaim, unless the division finds upon review a demonstrable change of circumstances justifying an exception to these prohibitions.

(j) Liability under the bond or substituted security shall be for the duration of the open-cut mining operation and for that period required to establish successful reclamation of the affected area.

(k) Nothing contained herein shall be deemed to preclude the right of the division to recover the actual cost of reclamation over and above the amount of bond.

Amended by Act 2019, No. 315,§ 1165, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1164, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1163, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3107, eff. 7/1/2019.

Acts 1991, No. 827, § 15; 1999, No. 1526, § 7.
Ark. Code Ann. § 15-4-203 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-203
Arkansas Economic Development Council - Organization and meetings
Status: in_force

(a) (1) The Arkansas Economic Development Council shall select a chair and vice chair annually from its membership. (2) The Director of the Arkansas Economic Development Commission shall be ex officio Secretary of the Arkansas Economic Development Council but shall have no vote on matters coming before it. (b) (1) The council may adopt and modify rules for the conduct of its business and shall keep a public record of its transactions, findings, and determinations. (2) The rules shall provide for regular meetings and for special meetings at the call of the Chair of the Arkansas Economic Development Council or of the Vice Chair of the Arkansas Economic Development Council, if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least seven (7) members. (3) The rules adopted under this section may allow for meetings to be held by conference call or other means of communication to conduct the council's business. (4) A quorum shall consist of at least seven (7) members present at a regular or special meeting, and an affirmative vote of seven (7) members shall be necessary for the disposition of any business. Amended by Act 2019, No. 910,§ 357, eff. 7/1/2019. Amended by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1955, No. 404, § 9; 1968 (2nd Ex. Sess.), No. 11, § 1; 1979, No. 65, § 4; 1981, No. 41, § 5; A.S.A. 1947, § 9-512; Acts 1997, No. 540, § 64.

(a) (1) The Arkansas Economic Development Council shall select a chair and vice chair annually from its membership. (2) The Director of the Arkansas Economic Development Commission shall be ex officio Secretary of the Arkansas Economic Development Council but shall have no vote on matters coming before it.

(1) The Arkansas Economic Development Council shall select a chair and vice chair annually from its membership.

(2) The Director of the Arkansas Economic Development Commission shall be ex officio Secretary of the Arkansas Economic Development Council but shall have no vote on matters coming before it.

(b) (1) The council may adopt and modify rules for the conduct of its business and shall keep a public record of its transactions, findings, and determinations. (2) The rules shall provide for regular meetings and for special meetings at the call of the Chair of the Arkansas Economic Development Council or of the Vice Chair of the Arkansas Economic Development Council, if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least seven (7) members. (3) The rules adopted under this section may allow for meetings to be held by conference call or other means of communication to conduct the council's business. (4) A quorum shall consist of at least seven (7) members present at a regular or special meeting, and an affirmative vote of seven (7) members shall be necessary for the disposition of any business.

(1) The council may adopt and modify rules for the conduct of its business and shall keep a public record of its transactions, findings, and determinations.

(2) The rules shall provide for regular meetings and for special meetings at the call of the Chair of the Arkansas Economic Development Council or of the Vice Chair of the Arkansas Economic Development Council, if he or she is for any reason the acting chair, either at his or her own instance or upon the written request of at least seven (7) members.

(3) The rules adopted under this section may allow for meetings to be held by conference call or other means of communication to conduct the council's business.

(4) A quorum shall consist of at least seven (7) members present at a regular or special meeting, and an affirmative vote of seven (7) members shall be necessary for the disposition of any business.

Amended by Act 2019, No. 910,§ 357, eff. 7/1/2019.

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

Acts 1955, No. 404, § 9; 1968 (2nd Ex. Sess.), No. 11, § 1; 1979, No. 65, § 4; 1981, No. 41, § 5; A.S.A. 1947, § 9-512; Acts 1997, No. 540, § 64.
Ark. Code Ann. § 15-23-805 — AR Code / Title 15 / Chapter 23 / Subchapter 8 / Section 15-23-805
Funding
Status: in_force

The Ouachita River Commission may receive and use any federal, state, or private funds, donations, and grants made available for the study, planning, and implementation of needed improvements or projects, or both, to and along the main stem of the Ouachita River. Acts 1999, No. 1532, § 5.

The Ouachita River Commission may receive and use any federal, state, or private funds, donations, and grants made available for the study, planning, and implementation of needed improvements or projects, or both, to and along the main stem of the Ouachita River.

Acts 1999, No. 1532, § 5.
Ark. Code Ann. § 15-22-803 — AR Code / Title 15 / Chapter 22 / Subchapter 8 / Section 15-22-803
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission; (2) "Cooperative agreement" means an agreement entered into between the federal government and the state and a local government in Arkansas; (3) "Cost sharing" means a program in which the state or local governments in Arkansas are financially responsible for the nonfederal share of various water resources development projects; (4) "Local governments" means all political subdivisions of the State of Arkansas which shall include, but not be limited to: (A) Cities of the first class, cities of the second class, and incorporated towns; (B) All county governments and their agencies; (C) All regional water districts; (D) All conservation districts; (E) All irrigation and drainage improvement districts; (F) All levee improvement districts; (G) All drainage improvement districts; (H) All drainage and levee improvement districts; and (I) Other political subdivisions of the state; (5) "Revolving fund" means the Arkansas Water Resources Cost Share Revolving Fund created by this subchapter; (6) "State" means the State of Arkansas or its instrumentalities; and (7) "Water resources development project" means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, utilization, and proper disposal of the state's water resources and related land resources in order to: (A) Provide for the people of the state: (i) Adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes; (ii) Water for navigation; and (iii) Access to the state's lakes and streams and parks and other recreational sites along their shores; and (B) Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods. Acts 1989, No. 257, § 3.

As used in this subchapter:

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

(2) "Cooperative agreement" means an agreement entered into between the federal government and the state and a local government in Arkansas;

(3) "Cost sharing" means a program in which the state or local governments in Arkansas are financially responsible for the nonfederal share of various water resources development projects;

(4) "Local governments" means all political subdivisions of the State of Arkansas which shall include, but not be limited to: (A) Cities of the first class, cities of the second class, and incorporated towns; (B) All county governments and their agencies; (C) All regional water districts; (D) All conservation districts; (E) All irrigation and drainage improvement districts; (F) All levee improvement districts; (G) All drainage improvement districts; (H) All drainage and levee improvement districts; and (I) Other political subdivisions of the state;

(A) Cities of the first class, cities of the second class, and incorporated towns;

(B) All county governments and their agencies;

(C) All regional water districts;

(D) All conservation districts;

(E) All irrigation and drainage improvement districts;

(F) All levee improvement districts;

(G) All drainage improvement districts;

(H) All drainage and levee improvement districts; and

(I) Other political subdivisions of the state;

(5) "Revolving fund" means the Arkansas Water Resources Cost Share Revolving Fund created by this subchapter;

(6) "State" means the State of Arkansas or its instrumentalities; and

(7) "Water resources development project" means the construction, acquisition, ownership, replacement, operation, and maintenance of facilities, including land, easements, and works of improvement, for the protection, conservation, preservation, development, utilization, and proper disposal of the state's water resources and related land resources in order to: (A) Provide for the people of the state: (i) Adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes; (ii) Water for navigation; and (iii) Access to the state's lakes and streams and parks and other recreational sites along their shores; and (B) Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods.

(A) Provide for the people of the state: (i) Adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes; (ii) Water for navigation; and (iii) Access to the state's lakes and streams and parks and other recreational sites along their shores; and

(i) Adequate supplies of quality water for municipal, industrial, agricultural, recreational, and domestic purposes;

(ii) Water for navigation; and

(iii) Access to the state's lakes and streams and parks and other recreational sites along their shores; and

(B) Reclaim, preserve, and protect the state's land resources and adequately protect the wealth of the state from disastrous floods.

Acts 1989, No. 257, § 3.
Ark. Code Ann. § 15-75-107 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-107
Odorization of gas
Status: in_force

All liquefied petroleum gases shall be effectively odorized with a distinctive agent at the time of manufacture by the use of an approved chemical agent of such character as to positively indicate the presence of gas in concentrations not to exceed one-fifth (1/5) of the lowest limit of flammability of such gas, except where used in connection with a chemical or other manufacturing processes in which it would prove harmful and would serve no useful purpose as a warning agent. Acts 1965, No. 31, § 17; A.S.A. 1947, § 53-716.

All liquefied petroleum gases shall be effectively odorized with a distinctive agent at the time of manufacture by the use of an approved chemical agent of such character as to positively indicate the presence of gas in concentrations not to exceed one-fifth (1/5) of the lowest limit of flammability of such gas, except where used in connection with a chemical or other manufacturing processes in which it would prove harmful and would serve no useful purpose as a warning agent.

Acts 1965, No. 31, § 17; A.S.A. 1947, § 53-716.
Ark. Code Ann. § 15-76-312 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-312
Unlawful drainage - Unit inclusion or accounting
Status: in_force

(a) Any owner of an interest in a tract which is adjacent to a brine production unit formed by the Oil and Gas Commission and which is not included in that unit may petition the commission to have the tract included in the unit, and the commission shall issue its order after reasonable notice and hearing to include the tract under the same terms and conditions as those then existing with respect to other tracts in the unit, provided that it is demonstrated to the satisfaction of the commission that the tract is being unlawfully drained or is in imminent danger of being so drained through the operations of the adjacent unit. (b) (1) Any owner of an interest or interests in brine, which are neither included in nor adjacent to a unit and which are being unlawfully drained by the actions of any producer, may petition the commission for an accounting for royalty or other compensation due from the producer. (2) After investigating the claim presented in the petition and finding probable cause to believe the claims presented in the petition to be meritorious and after reasonable notice and hearing and subsequent finding that unlawful drainage has occurred, the commission shall issue its order: (A) Stating the amount of royalty or other compensation then due and owing, as well as the manner of calculating the amount of royalty or other compensation subsequently due and owing to the owner; and (B) Requiring the producer to pay over the amounts to the owner. (3) For purposes hereof, the amount of royalty or other compensation due and owing to the owner and the manner of calculating any subsequent amount of royalty or other compensation shall be determined in accordance with § 15-76-315 as if the owner were included in a unit. (4) In the event that the producer fails to account to the owner as provided in the order of the commission, the commission shall seek to enjoin the operations of the producer responsible for the unlawful drainage. The owner, in any action in a court of this state may recover up to three (3) times the amount of royalty or other compensation found to be due and owing by the commission upon a finding by a court that the interest in brine of the owner has been unlawfully drained by the actions of the producer. (c) As used in this section, "unlawful drainage" or "unlawfully drained" shall be the withdrawal or removal of brine by production or displacement which deprives the owner thereof of his or her fair and equitable share of brine in violation of his or her correlative rights. Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.

(a) Any owner of an interest in a tract which is adjacent to a brine production unit formed by the Oil and Gas Commission and which is not included in that unit may petition the commission to have the tract included in the unit, and the commission shall issue its order after reasonable notice and hearing to include the tract under the same terms and conditions as those then existing with respect to other tracts in the unit, provided that it is demonstrated to the satisfaction of the commission that the tract is being unlawfully drained or is in imminent danger of being so drained through the operations of the adjacent unit.

(b) (1) Any owner of an interest or interests in brine, which are neither included in nor adjacent to a unit and which are being unlawfully drained by the actions of any producer, may petition the commission for an accounting for royalty or other compensation due from the producer. (2) After investigating the claim presented in the petition and finding probable cause to believe the claims presented in the petition to be meritorious and after reasonable notice and hearing and subsequent finding that unlawful drainage has occurred, the commission shall issue its order: (A) Stating the amount of royalty or other compensation then due and owing, as well as the manner of calculating the amount of royalty or other compensation subsequently due and owing to the owner; and (B) Requiring the producer to pay over the amounts to the owner. (3) For purposes hereof, the amount of royalty or other compensation due and owing to the owner and the manner of calculating any subsequent amount of royalty or other compensation shall be determined in accordance with § 15-76-315 as if the owner were included in a unit. (4) In the event that the producer fails to account to the owner as provided in the order of the commission, the commission shall seek to enjoin the operations of the producer responsible for the unlawful drainage. The owner, in any action in a court of this state may recover up to three (3) times the amount of royalty or other compensation found to be due and owing by the commission upon a finding by a court that the interest in brine of the owner has been unlawfully drained by the actions of the producer.

(1) Any owner of an interest or interests in brine, which are neither included in nor adjacent to a unit and which are being unlawfully drained by the actions of any producer, may petition the commission for an accounting for royalty or other compensation due from the producer.

(2) After investigating the claim presented in the petition and finding probable cause to believe the claims presented in the petition to be meritorious and after reasonable notice and hearing and subsequent finding that unlawful drainage has occurred, the commission shall issue its order: (A) Stating the amount of royalty or other compensation then due and owing, as well as the manner of calculating the amount of royalty or other compensation subsequently due and owing to the owner; and (B) Requiring the producer to pay over the amounts to the owner.

(A) Stating the amount of royalty or other compensation then due and owing, as well as the manner of calculating the amount of royalty or other compensation subsequently due and owing to the owner; and

(B) Requiring the producer to pay over the amounts to the owner.

(3) For purposes hereof, the amount of royalty or other compensation due and owing to the owner and the manner of calculating any subsequent amount of royalty or other compensation shall be determined in accordance with § 15-76-315 as if the owner were included in a unit.

(4) In the event that the producer fails to account to the owner as provided in the order of the commission, the commission shall seek to enjoin the operations of the producer responsible for the unlawful drainage. The owner, in any action in a court of this state may recover up to three (3) times the amount of royalty or other compensation found to be due and owing by the commission upon a finding by a court that the interest in brine of the owner has been unlawfully drained by the actions of the producer.

(c) As used in this section, "unlawful drainage" or "unlawfully drained" shall be the withdrawal or removal of brine by production or displacement which deprives the owner thereof of his or her fair and equitable share of brine in violation of his or her correlative rights.

Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Ark. Code Ann. § 15-75-308 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-308
Class two permit
Status: in_force

(a) The holder of a class two permit: (1) May install liquefied petroleum gas piping and install and sell liquefied petroleum gas containers and appliances but may not deliver gas; and (2) Must pay an annual permit fee in the sum of one hundred dollars ($100). (b) The applicant for a class two permit: (1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000 (2) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; (3) Must provide full-time employment of qualified personnel whose competency shall be proven through a current written or oral examination; and (4) Must comply with all other applicable requirements for class two applicants. Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 4; 1995, No. 604, § 1.

(a) The holder of a class two permit: (1) May install liquefied petroleum gas piping and install and sell liquefied petroleum gas containers and appliances but may not deliver gas; and (2) Must pay an annual permit fee in the sum of one hundred dollars ($100).

(1) May install liquefied petroleum gas piping and install and sell liquefied petroleum gas containers and appliances but may not deliver gas; and

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

(b) The applicant for a class two permit: (1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000 (2) Must provide a certified or notarized financial statement which has been compiled within the past sixty (60) days; (3) Must provide full-time employment of qualified personnel whose competency shall be proven through a current written or oral examination; and (4) Must comply with all other applicable requirements for class two applicants.

(1) Must furnish evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000

(A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $250,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Accident $250,000 Aggregate 500,000

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

Each Person

$250,000

Each Accident

500,000

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

Each Accident

$250,000

Aggregate

500,000

(C) Products Bodily Injury Liability Insurance

Each Person

$250,000

Each Accident

500,000

Aggregate

500,000

(D) Products Property Damage Liability Insurance

Each Accident

$250,000

Aggregate

500,000

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

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

(4) Must comply with all other applicable requirements for class two applicants.

Acts 1965, No. 31, § 24; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 4; 1995, No. 604, § 1.
Ark. Code Ann. § 15-42-101 — AR Code / Title 15 / Chapter 42 / Subchapter 1 / Section 15-42-101
Penalty for hunting or fishing without license
Status: in_force

Any resident of this state who is required to have a license to hunt or fish and who shall be guilty of hunting or fishing in this state without first having obtained a hunting or fishing license shall be guilty of a misdemeanor and upon conviction shall be fined in any sum of not less than ten dollars ($10.00) nor more than two hundred dollars ($200). Acts 1957, No. 190, § 3; A.S.A. 1947, § 47-219.

Any resident of this state who is required to have a license to hunt or fish and who shall be guilty of hunting or fishing in this state without first having obtained a hunting or fishing license shall be guilty of a misdemeanor and upon conviction shall be fined in any sum of not less than ten dollars ($10.00) nor more than two hundred dollars ($200).

Acts 1957, No. 190, § 3; A.S.A. 1947, § 47-219.
Ark. Code Ann. § 15-4-3215 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3215
Annual determination of moneys required for bond repayment
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 of all or a part of the debt service on the outstanding bonded indebtedness during the fiscal year and deduct therefrom the estimated moneys to be available from special revenues or to the Arkansas Development Finance Authority from other sources related to the qualified Amendment 82 project to determine what amount of general revenues, if any, will be required. (2) The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State. (3) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the appropriate trust fund of the amount of general revenues or, if applicable, special revenues required to pay the maturing debt service on the outstanding bonded indebtedness. (b) (1) The obligation to make monthly transfers of general revenues from the State Apportionment Fund to the appropriate trust fund shall constitute a first charge against the general revenues prior to all other uses to which the general revenues are devoted, either under present law or under any laws that may be enacted in the future. (2) To the extent other general obligation bonds of the state may have been issued or may subsequently be issued, the bonds shall rank on a parity of security with respect to payment from general revenues. (c) The resolution or trust indenture authorizing or securing the bonds issued shall identify the fund to which moneys shall be credited and used for the purposes identified in § 15-4-3208(b) , and for those purposes, the holder of the trust funds is designated as the disbursing officer to administer those funds in accordance with Arkansas Constitution, Amendment 82, and this subchapter. (d) Moneys held in trust funds in excess of the amount necessary to ensure the prompt payment of debt service on the bonds and the establishment and maintenance of reserve funds, 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. Amended by Act 2015, No. 593,§ 8, eff. 7/22/2015. Acts 2005, No. 1981, § 1.

(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 of all or a part of the debt service on the outstanding bonded indebtedness during the fiscal year and deduct therefrom the estimated moneys to be available from special revenues or to the Arkansas Development Finance Authority from other sources related to the qualified Amendment 82 project to determine what amount of general revenues, if any, will be required. (2) The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State. (3) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the appropriate trust fund of the amount of general revenues or, if applicable, special revenues required to pay the maturing debt service on the outstanding bonded indebtedness.

(1) On or before commencement of each fiscal year, the Chief Fiscal Officer of the State shall determine the estimated amount required for payment of all or a part of the debt service on the outstanding bonded indebtedness during the fiscal year and deduct therefrom the estimated moneys to be available from special revenues or to the Arkansas Development Finance Authority from other sources related to the qualified Amendment 82 project to determine what amount of general revenues, if any, will be required.

(2) The Chief Fiscal Officer of the State shall certify the estimated amount to the Treasurer of State.

(3) The Treasurer of State shall then make monthly transfers from the State Apportionment Fund to the appropriate trust fund of the amount of general revenues or, if applicable, special revenues required to pay the maturing debt service on the outstanding bonded indebtedness.

(b) (1) The obligation to make monthly transfers of general revenues from the State Apportionment Fund to the appropriate trust fund shall constitute a first charge against the general revenues prior to all other uses to which the general revenues are devoted, either under present law or under any laws that may be enacted in the future. (2) To the extent other general obligation bonds of the state may have been issued or may subsequently be issued, the bonds shall rank on a parity of security with respect to payment from general revenues.

(1) The obligation to make monthly transfers of general revenues from the State Apportionment Fund to the appropriate trust fund shall constitute a first charge against the general revenues prior to all other uses to which the general revenues are devoted, either under present law or under any laws that may be enacted in the future.

(2) To the extent other general obligation bonds of the state may have been issued or may subsequently be issued, the bonds shall rank on a parity of security with respect to payment from general revenues.

(c) The resolution or trust indenture authorizing or securing the bonds issued shall identify the fund to which moneys shall be credited and used for the purposes identified in § 15-4-3208(b) , and for those purposes, the holder of the trust funds is designated as the disbursing officer to administer those funds in accordance with Arkansas Constitution, Amendment 82, and this subchapter.

(d) Moneys held in trust funds in excess of the amount necessary to ensure the prompt payment of debt service on the bonds and the establishment and maintenance of reserve funds, 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.

Amended by Act 2015, No. 593,§ 8, eff. 7/22/2015.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-32-208 — AR Code / Title 15 / Chapter 32 / Subchapter 2 / Section 15-32-208
Rules and regulations governing duties of deputies
Status: in_force

The county timber inspectors shall prescribe by written rules and regulations the duties of their deputies not inconsistent with this subchapter. Acts 1883, No. 83, § 21, p. 140; 1901, No. 130, § 10, p. 202; C. & M. Dig., § 7001; Pope's Dig., § 8981; A.S.A. 1947, § 54-304.

The county timber inspectors shall prescribe by written rules and regulations the duties of their deputies not inconsistent with this subchapter.

Acts 1883, No. 83, § 21, p. 140; 1901, No. 130, § 10, p. 202; C. & M. Dig., § 7001; Pope's Dig., § 8981; A.S.A. 1947, § 54-304.
Ark. Code Ann. § 15-4-1028 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1028
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 28; A.S.A. 1947, § 67-1654; Acts 2003, No. 860, § 8; 2005, No. 1994, § 300.

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

Acts 1985, No. 410, § 28; A.S.A. 1947, § 67-1654; Acts 2003, No. 860, § 8; 2005, No. 1994, § 300.
Ark. Code Ann. § 15-30-104 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-104
Civil liability
Status: in_force

(a) A prescribed burning conducted in compliance with this subchapter is in the public interest and does not constitute a public or private nuisance. (b) A landowner or a landowner's agent who conducts a prescribed burning in compliance with this subchapter is not liable in a civil action for any damage or injury caused by a fire in the prescribed burning, including without limitation the reignition of a smoldering and previously contained fire or resulting from smoke, unless the claimant proves by a preponderance of the evidence that the claimant suffered damages as a result of negligence by the landowner or the landowner's agent in planning, implementing, or conducting the prescribed burning. Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

(a) A prescribed burning conducted in compliance with this subchapter is in the public interest and does not constitute a public or private nuisance.

(b) A landowner or a landowner's agent who conducts a prescribed burning in compliance with this subchapter is not liable in a civil action for any damage or injury caused by a fire in the prescribed burning, including without limitation the reignition of a smoldering and previously contained fire or resulting from smoke, unless the claimant proves by a preponderance of the evidence that the claimant suffered damages as a result of negligence by the landowner or the landowner's agent in planning, implementing, or conducting the prescribed burning.

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-4-603 — AR Code / Title 15 / Chapter 4 / Subchapter 6 / Section 15-4-603
Arkansas Economic Development Council empowered to grant or deny guaranty bonds
Status: in_force

The Arkansas Economic Development Council, called the "council", in addition to all the duties and functions defined in §§ 15-4-101 , 15-4-102 , 15-4-201 - 15-4-204 , 15-4-206 , 15-4-209 - 15-4-212 , and 15-4-501 - 15-4-525 , is empowered to approve or deny by majority vote of the membership of the council the guaranty as provided in this subchapter of amortization payments on Act No. 9 bonds or ADFA bonds, subject to the provisions, restrictions, and conditions set forth in this subchapter. Acts 1967, No. 173, § 2; A.S.A. 1947, § 9-560; Acts 1987 (1st Ex. Sess.), No. 39, § 1; 1997, No. 540, § 28; 1997, No. 778, § 2.

The Arkansas Economic Development Council, called the "council", in addition to all the duties and functions defined in §§ 15-4-101 , 15-4-102 , 15-4-201 - 15-4-204 , 15-4-206 , 15-4-209 - 15-4-212 , and 15-4-501 - 15-4-525 , is empowered to approve or deny by majority vote of the membership of the council the guaranty as provided in this subchapter of amortization payments on Act No. 9 bonds or ADFA bonds, subject to the provisions, restrictions, and conditions set forth in this subchapter.

Acts 1967, No. 173, § 2; A.S.A. 1947, § 9-560; Acts 1987 (1st Ex. Sess.), No. 39, § 1; 1997, No. 540, § 28; 1997, No. 778, § 2.
Ark. Code Ann. § 15-5-1903 — AR Code / Title 15 / Chapter 5 / Subchapter 19 / Section 15-5-1903
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Education loan" means a loan made to a student or the parent, legal guardian, or sponsor of the student or to an eligible institution for the purpose of financing a student's attendance at the eligible institution. (B) The loan may provide that the student or parent, legal guardian, sponsor of the student, or eligible institution may be held jointly and severally liable for the education loan; (2) "Eligible institution" means any public or private postsecondary educational institution whose students are eligible for guaranteed educational loans, an institution of higher learning, or a vocational school as defined by rule of the Arkansas Development Finance Authority as implemented by the Student Loan Authority Division of the Arkansas Development Finance Authority; (3) "Guaranteed educational loan" means a loan made in accordance with Title IV, Part B, of the Higher Education Act of 1965, 20 U.S.C. § 1071 et seq., or pursuant to an alternative educational loan program undertaken by the division and consistent with this subchapter, to a qualified borrower for payment of educational expenses incurred by a student while attending an eligible institution, the payment of principal of and interest on which is insured by the United States Secretary of Education under the Higher Education Act of 1965, by the Student Loan Guarantee Foundation of Arkansas, its successors or assigns, or by other guarantors as the division may approve; (4) "Obligation", "bond", or "bonds" means any bond, note, certificate, or other evidence of indebtedness, whether or not the interest on the obligation shall be subject to federal income taxation; (5) "Qualified borrower" means a student or the parent, legal guardian, or sponsor of a student who: (A) Qualifies for a guaranteed educational loan; and (B) Is a resident of the State of Arkansas or has been accepted for enrollment at or is attending an eligible institution within the State of Arkansas or is borrowing from a lender doing business within the State of Arkansas, including the division; and (6) (A) "Student" means an individual who meets the enrollment and satisfactory progress requirements necessary for making a guaranteed educational loan or an education loan as determined by the division. (B) "Student" includes a dependent and independent undergraduate, graduate, and professional student. Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.

As used in this subchapter:

(1) (A) "Education loan" means a loan made to a student or the parent, legal guardian, or sponsor of the student or to an eligible institution for the purpose of financing a student's attendance at the eligible institution. (B) The loan may provide that the student or parent, legal guardian, sponsor of the student, or eligible institution may be held jointly and severally liable for the education loan;

(A) "Education loan" means a loan made to a student or the parent, legal guardian, or sponsor of the student or to an eligible institution for the purpose of financing a student's attendance at the eligible institution.

(B) The loan may provide that the student or parent, legal guardian, sponsor of the student, or eligible institution may be held jointly and severally liable for the education loan;

(2) "Eligible institution" means any public or private postsecondary educational institution whose students are eligible for guaranteed educational loans, an institution of higher learning, or a vocational school as defined by rule of the Arkansas Development Finance Authority as implemented by the Student Loan Authority Division of the Arkansas Development Finance Authority;

(3) "Guaranteed educational loan" means a loan made in accordance with Title IV, Part B, of the Higher Education Act of 1965, 20 U.S.C. § 1071 et seq., or pursuant to an alternative educational loan program undertaken by the division and consistent with this subchapter, to a qualified borrower for payment of educational expenses incurred by a student while attending an eligible institution, the payment of principal of and interest on which is insured by the United States Secretary of Education under the Higher Education Act of 1965, by the Student Loan Guarantee Foundation of Arkansas, its successors or assigns, or by other guarantors as the division may approve;

(4) "Obligation", "bond", or "bonds" means any bond, note, certificate, or other evidence of indebtedness, whether or not the interest on the obligation shall be subject to federal income taxation;

(5) "Qualified borrower" means a student or the parent, legal guardian, or sponsor of a student who: (A) Qualifies for a guaranteed educational loan; and (B) Is a resident of the State of Arkansas or has been accepted for enrollment at or is attending an eligible institution within the State of Arkansas or is borrowing from a lender doing business within the State of Arkansas, including the division; and

(A) Qualifies for a guaranteed educational loan; and

(B) Is a resident of the State of Arkansas or has been accepted for enrollment at or is attending an eligible institution within the State of Arkansas or is borrowing from a lender doing business within the State of Arkansas, including the division; and

(6) (A) "Student" means an individual who meets the enrollment and satisfactory progress requirements necessary for making a guaranteed educational loan or an education loan as determined by the division. (B) "Student" includes a dependent and independent undergraduate, graduate, and professional student.

(A) "Student" means an individual who meets the enrollment and satisfactory progress requirements necessary for making a guaranteed educational loan or an education loan as determined by the division.

(B) "Student" includes a dependent and independent undergraduate, graduate, and professional student.

Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.
Ark. Code Ann. § 15-20-1103 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1103
Definitions
Status: in_force

As used in this subchapter: (1) "Certified nutrient applicator" means any natural person that has shown to the Arkansas Natural Resources Commission that he or she has the minimal knowledge and technical competence necessary to properly apply nutrients; (2) "Commission" means the Arkansas Natural Resources Commission; (3) "Conservation district" means a conservation district created under the Conservation Districts Law, § 14-125-101 et seq.; (4) "Crop" means any vegetative cover; (5) [Repealed.] (6) "Litter" means byproducts associated with the confinement of livestock, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof; (7) "Livestock" means animals kept or raised for use or pleasure, especially farm animals kept for use and profit, including horses, cattle, swine, and poultry; (8) (A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value. (B) "Nutrient" includes substances in litter, compost as fertilizer, commercially manufactured chemical and organic fertilizers, sewage sludge, and combinations thereof; (9) "Nutrient application" means the process by which humans apply nutrients to soil or associated crops; (10) "Nutrient applicator" means any person that applies nutrients to soil or associated crops; (11) "Nutrient management plan" means a plan prepared to assist landowners and operators in the management of fertilizers, litter, sewage sludges, compost, and other nutrient sources for maximum soil fertility and protection of the waters within the state; (12) "Nutrient surplus area" means an area declared by § 15-20-1104 in which the soil concentration of one (1) or more nutrients is so high or the physical characteristics of the soil or area are such that continued application of the nutrient to the soil could negatively impact soil fertility and the waters within the state; (13) "Person" means any individual, partnership, company, association, fiduciary, corporation, or any organized group of persons whether incorporated or not; (14) "Poultry" means chickens, turkeys, ducks, geese, and any other domesticated birds; (15) (A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period. (B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility; (16) "Poultry litter management plan" means the plan for utilization of litter by poultry feeding operations pursuant to § 15-20-1108 ; (17) "Protective rate" means the agronomic rate or other rate as determined by the commission of a designated nutrient that provides for proper crop utilization and prevention of significant impact to waters within the state; and (18) "Waters within the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state. Amended by Act 2019, No. 910,§ 69, eff. 7/1/2019. Acts 2003, No. 1061, § 1; 2005, No. 1962, § 67.

As used in this subchapter:

(1) "Certified nutrient applicator" means any natural person that has shown to the Arkansas Natural Resources Commission that he or she has the minimal knowledge and technical competence necessary to properly apply nutrients;

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

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

(4) "Crop" means any vegetative cover;

(5) [Repealed.]

(6) "Litter" means byproducts associated with the confinement of livestock, including excrement, feed wastes, bedding materials, composted carcasses, and any combinations thereof;

(7) "Livestock" means animals kept or raised for use or pleasure, especially farm animals kept for use and profit, including horses, cattle, swine, and poultry;

(8) (A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value. (B) "Nutrient" includes substances in litter, compost as fertilizer, commercially manufactured chemical and organic fertilizers, sewage sludge, and combinations thereof;

(A) "Nutrient" means a substance or recognized plant nutrient, element, or compound that is used or sold for its plant-nutritive content or its claimed nutritive value.

(B) "Nutrient" includes substances in litter, compost as fertilizer, commercially manufactured chemical and organic fertilizers, sewage sludge, and combinations thereof;

(9) "Nutrient application" means the process by which humans apply nutrients to soil or associated crops;

(10) "Nutrient applicator" means any person that applies nutrients to soil or associated crops;

(11) "Nutrient management plan" means a plan prepared to assist landowners and operators in the management of fertilizers, litter, sewage sludges, compost, and other nutrient sources for maximum soil fertility and protection of the waters within the state;

(12) "Nutrient surplus area" means an area declared by § 15-20-1104 in which the soil concentration of one (1) or more nutrients is so high or the physical characteristics of the soil or area are such that continued application of the nutrient to the soil could negatively impact soil fertility and the waters within the state;

(13) "Person" means any individual, partnership, company, association, fiduciary, corporation, or any organized group of persons whether incorporated or not;

(14) "Poultry" means chickens, turkeys, ducks, geese, and any other domesticated birds;

(15) (A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period. (B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility;

(A) "Poultry feeding operation" means any lot or facility where two thousand five hundred (2,500) or more poultry are housed or confined and fed or maintained on any one (1) day in the preceding twelve-month period.

(B) Multiple poultry houses within a reasonable proximity to one another under the control of one (1) owner shall be considered one (1) facility;

(16) "Poultry litter management plan" means the plan for utilization of litter by poultry feeding operations pursuant to § 15-20-1108 ;

(17) "Protective rate" means the agronomic rate or other rate as determined by the commission of a designated nutrient that provides for proper crop utilization and prevention of significant impact to waters within the state; and

(18) "Waters within the state" means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, that are contained within, flow through, or border upon this state or any portion of the state.

Amended by Act 2019, No. 910,§ 69, eff. 7/1/2019.

Acts 2003, No. 1061, § 1; 2005, No. 1962, § 67.
Ark. Code Ann. § 15-41-109 — AR Code / Title 15 / Chapter 41 / Subchapter 1 / Section 15-41-109
Transfer of state-owned land
Status: in_force

The Arkansas State Game and Fish Commission shall be authorized to apply to the Commissioner of State Lands for the transfer of any state-owned land or land the title to which has reverted to the state by reason of tax delinquency and which is deemed by the Arkansas State Game and Fish Commission as suitable and desirable for game or fish refuge areas or public hunting or fishing areas or other purposes allied to the development of wildlife resources and that are not suitable for agricultural or industrial uses. The Commissioner of State Lands is authorized and directed to make the transfers after receipt of sufficient proof of the nature of lands desired, and of the need of the Arkansas State Game and Fish Commission for the land. Any transfers shall operate as an appropriation of the land for game or fish refuge areas, public hunting and fishing areas, or other uses as may be assigned to the land by the Arkansas State Game and Fish Commission forever. The transfers shall be a bar to any grants by this state of the land so transferred or any interest in the land for any purpose whatsoever. Provided, that any lands so acquired cannot be sold by the Arkansas State Game and Fish Commission but shall revert to the state if the lands are not developed within two (2) years after acquisition or at any time the lands are no longer desired by the commission. Acts 1943, No. 146, § 18; A.S.A. 1947, § 47-128.

The Arkansas State Game and Fish Commission shall be authorized to apply to the Commissioner of State Lands for the transfer of any state-owned land or land the title to which has reverted to the state by reason of tax delinquency and which is deemed by the Arkansas State Game and Fish Commission as suitable and desirable for game or fish refuge areas or public hunting or fishing areas or other purposes allied to the development of wildlife resources and that are not suitable for agricultural or industrial uses. The Commissioner of State Lands is authorized and directed to make the transfers after receipt of sufficient proof of the nature of lands desired, and of the need of the Arkansas State Game and Fish Commission for the land. Any transfers shall operate as an appropriation of the land for game or fish refuge areas, public hunting and fishing areas, or other uses as may be assigned to the land by the Arkansas State Game and Fish Commission forever. The transfers shall be a bar to any grants by this state of the land so transferred or any interest in the land for any purpose whatsoever. Provided, that any lands so acquired cannot be sold by the Arkansas State Game and Fish Commission but shall revert to the state if the lands are not developed within two (2) years after acquisition or at any time the lands are no longer desired by the commission.

Acts 1943, No. 146, § 18; A.S.A. 1947, § 47-128.
Ark. Code Ann. § 15-43-330 — AR Code / Title 15 / Chapter 43 / Subchapter 3 / Section 15-43-330
Taking fish from fish farm
Status: in_force

(a) It shall be unlawful for any person to fish or take fish from any fish farm except with the consent of the owner thereof. Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed to be fishing. All fishing tackle, apparatus, and vehicles used in the violation of this section shall be confiscated by the arresting officer. If the confiscated property is determined by a court of law to have been used in the violation of this section, the confiscated property shall be sold at public auction by the county sheriff of the county wherein the violation occurred. The proceeds of the sale shall be deposited in the county general fund, provided that the auction may be stayed by an appropriate court order. (b) Any person convicted of violating this section shall be deemed guilty of a misdemeanor and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and imprisoned for not less than ninety (90) days nor more than six (6) months for the first offense, and for subsequent offenses fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) and imprisoned for not less than six (6) months nor more than one (1) year. Acts 1981, No. 44, §§ 1, 2; A.S.A. 1947, §§ 47-541, 47-542.

(a) It shall be unlawful for any person to fish or take fish from any fish farm except with the consent of the owner thereof. Any person possessing fishing tackle on the premises of a fish farm shall be rebuttably presumed to be fishing. All fishing tackle, apparatus, and vehicles used in the violation of this section shall be confiscated by the arresting officer. If the confiscated property is determined by a court of law to have been used in the violation of this section, the confiscated property shall be sold at public auction by the county sheriff of the county wherein the violation occurred. The proceeds of the sale shall be deposited in the county general fund, provided that the auction may be stayed by an appropriate court order.

(b) Any person convicted of violating this section shall be deemed guilty of a misdemeanor and fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) and imprisoned for not less than ninety (90) days nor more than six (6) months for the first offense, and for subsequent offenses fined not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) and imprisoned for not less than six (6) months nor more than one (1) year.

Acts 1981, No. 44, §§ 1, 2; A.S.A. 1947, §§ 47-541, 47-542.
Ark. Code Ann. § 15-5-1107 — AR Code / Title 15 / Chapter 5 / Subchapter 11 / Section 15-5-1107
Enrollment of qualified loan - Procedure - Fee - Transfers to loss reserve account
Status: in_force

(a) (1) When a financial institution participates in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program, if the financial institution decides to enroll a qualified loan under the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program to obtain the protection against loss provided by its loss reserve account, the financial institution shall notify the Arkansas Development Finance Authority of the qualified loan within ten (10) days after the qualified loan is made. (2) The notification required under subdivision (a)(1) of this section shall be in writing on a form prescribed by the authority. (b) (1) When making a qualified loan that will be enrolled under the Arkansas Capital Access Program for Small Business, the financial institution shall require the qualified business to which the qualified loan is made to pay a fee of not less than one and five-tenths percent (1.5%) of the principal amount of the qualified loan but not more than three and five-tenths percent (3.5%) of the principal amount. (2) When making a qualified loan that will be enrolled under the Arkansas Credit Reserve Program, the financial institution shall require the qualified business to which the qualified loan is made to pay a fee of not less than one percent (1%) of the principal amount of the qualified loan. (3) (A) The financial institution shall also pay a fee in an amount equal to the fee paid by the borrower. (B) However, the financial institution may collect the amount of its fee from the qualified borrower. (4) The authority and the financial institution shall allow a qualified business to pay the fees required under this subsection using sources other than sources of the qualified business. (5) The financial institution shall deliver the fees collected under this subsection to the authority for deposit into the loss reserve account for the financial institution. (c) When depositing fees collected under subsection (b) of this section to the credit of the loss reserve account for a financial institution, the authority shall transfer an amount that is not less than the total amount of the fees paid by the borrower and the financial institution from the Capital Access Fund to the loss reserve account for the financial institution. Amended by Act 2013, No. 1222,§ 2, eff. 8/16/2013. Acts 1993, No. 733, § 7; 1993, No. 886, § 7.

(a) (1) When a financial institution participates in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program, if the financial institution decides to enroll a qualified loan under the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program to obtain the protection against loss provided by its loss reserve account, the financial institution shall notify the Arkansas Development Finance Authority of the qualified loan within ten (10) days after the qualified loan is made. (2) The notification required under subdivision (a)(1) of this section shall be in writing on a form prescribed by the authority.

(1) When a financial institution participates in the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program, if the financial institution decides to enroll a qualified loan under the Arkansas Capital Access Program for Small Business or the Arkansas Credit Reserve Program to obtain the protection against loss provided by its loss reserve account, the financial institution shall notify the Arkansas Development Finance Authority of the qualified loan within ten (10) days after the qualified loan is made.

(2) The notification required under subdivision (a)(1) of this section shall be in writing on a form prescribed by the authority.

(b) (1) When making a qualified loan that will be enrolled under the Arkansas Capital Access Program for Small Business, the financial institution shall require the qualified business to which the qualified loan is made to pay a fee of not less than one and five-tenths percent (1.5%) of the principal amount of the qualified loan but not more than three and five-tenths percent (3.5%) of the principal amount. (2) When making a qualified loan that will be enrolled under the Arkansas Credit Reserve Program, the financial institution shall require the qualified business to which the qualified loan is made to pay a fee of not less than one percent (1%) of the principal amount of the qualified loan. (3) (A) The financial institution shall also pay a fee in an amount equal to the fee paid by the borrower. (B) However, the financial institution may collect the amount of its fee from the qualified borrower. (4) The authority and the financial institution shall allow a qualified business to pay the fees required under this subsection using sources other than sources of the qualified business. (5) The financial institution shall deliver the fees collected under this subsection to the authority for deposit into the loss reserve account for the financial institution.

(1) When making a qualified loan that will be enrolled under the Arkansas Capital Access Program for Small Business, the financial institution shall require the qualified business to which the qualified loan is made to pay a fee of not less than one and five-tenths percent (1.5%) of the principal amount of the qualified loan but not more than three and five-tenths percent (3.5%) of the principal amount.

(2) When making a qualified loan that will be enrolled under the Arkansas Credit Reserve Program, the financial institution shall require the qualified business to which the qualified loan is made to pay a fee of not less than one percent (1%) of the principal amount of the qualified loan.

(3) (A) The financial institution shall also pay a fee in an amount equal to the fee paid by the borrower. (B) However, the financial institution may collect the amount of its fee from the qualified borrower.

(A) The financial institution shall also pay a fee in an amount equal to the fee paid by the borrower.

(B) However, the financial institution may collect the amount of its fee from the qualified borrower.

(4) The authority and the financial institution shall allow a qualified business to pay the fees required under this subsection using sources other than sources of the qualified business.

(5) The financial institution shall deliver the fees collected under this subsection to the authority for deposit into the loss reserve account for the financial institution.

(c) When depositing fees collected under subsection (b) of this section to the credit of the loss reserve account for a financial institution, the authority shall transfer an amount that is not less than the total amount of the fees paid by the borrower and the financial institution from the Capital Access Fund to the loss reserve account for the financial institution.

Amended by Act 2013, No. 1222,§ 2, eff. 8/16/2013.

Acts 1993, No. 733, § 7; 1993, No. 886, § 7.
Ark. Code Ann. § 15-74-405 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-405
Condemnation of gasoline - Placards - Hose inspection
Status: in_force

(a) Where inspectors find gasoline being sold or offered for sale by any dealer that does not meet the specifications as set out in this subchapter, they must condemn the gasoline and affix to gasoline pumps the following placards as the occasion requires: "THIS GASOLINE DOES NOT MEET ARKANSAS SPECIFICATIONS AND HAS BEEN CONDEMNED, STATE OF ARKANSAS"; "THIS GASOLINE IS CORROSIVE, STATE OF ARKANSAS"; "THIS GASOLINE CONTAINS DIRT AND OTHER SUSPENDED MATTER, STATE OF ARKANSAS"; or "THIS GASOLINE CONTAINS WATER, STATE OF ARKANSAS". (b) In addition to affixing the placards on the pumps, the inspector must immediately file information with the proper authorities and prosecute the dealer for this violation. (c) As long as placards remain on the pumps, contents of the tanks to which the pump is connected shall be removed only through the pump bearing the placards. (d) Placards shall be removed only by authorized inspectors. (e) Placards must: (1) Be at least one foot (1') square; (2) Have a white background with red letters; and (3) Be easily readable from a distance of twenty feet (20'). At least two (2) placards must be sealed directly on each pump dispensing the illegal gasoline. (f) Where suspended matter is found in gasoline, the hose must be examined and, if found defective, must be replaced before that pump can be used again. Acts 1933, No. 134, § 2; Pope's Dig., § 10449; A.S.A. 1947, § 53-602.

(a) Where inspectors find gasoline being sold or offered for sale by any dealer that does not meet the specifications as set out in this subchapter, they must condemn the gasoline and affix to gasoline pumps the following placards as the occasion requires: "THIS GASOLINE DOES NOT MEET ARKANSAS SPECIFICATIONS AND HAS BEEN CONDEMNED, STATE OF ARKANSAS"; "THIS GASOLINE IS CORROSIVE, STATE OF ARKANSAS"; "THIS GASOLINE CONTAINS DIRT AND OTHER SUSPENDED MATTER, STATE OF ARKANSAS"; or "THIS GASOLINE CONTAINS WATER, STATE OF ARKANSAS".

(b) In addition to affixing the placards on the pumps, the inspector must immediately file information with the proper authorities and prosecute the dealer for this violation.

(c) As long as placards remain on the pumps, contents of the tanks to which the pump is connected shall be removed only through the pump bearing the placards.

(d) Placards shall be removed only by authorized inspectors.

(e) Placards must: (1) Be at least one foot (1') square; (2) Have a white background with red letters; and (3) Be easily readable from a distance of twenty feet (20'). At least two (2) placards must be sealed directly on each pump dispensing the illegal gasoline.

(1) Be at least one foot (1') square;

(2) Have a white background with red letters; and

(3) Be easily readable from a distance of twenty feet (20'). At least two (2) placards must be sealed directly on each pump dispensing the illegal gasoline.

(f) Where suspended matter is found in gasoline, the hose must be examined and, if found defective, must be replaced before that pump can be used again.

Acts 1933, No. 134, § 2; Pope's Dig., § 10449; A.S.A. 1947, § 53-602.
Ark. Code Ann. § 15-72-1107 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1107
Priority relative to other liens or security interests
Status: in_force

Except for a permitted lien, an oil and gas lien is a lien that takes priority over any other lien, whether arising by contract, law, equity or otherwise, or security interest. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

Except for a permitted lien, an oil and gas lien is a lien that takes priority over any other lien, whether arising by contract, law, equity or otherwise, or security interest.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-22-911 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-911
Water rights - General provisions
Status: in_force

(a) Purpose. Water rights are issued for beneficial uses. (b) Duration. (1) Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission. (2) In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater user for the use of groundwater, as well as the cost and useful life of the facility. (c) Limitation on Quantity. In the water right, the commission may limit annual withdrawals. (d) Precedence. (1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application. (2) On all renewal applications, consideration shall be given to reasonable beneficial use. (e) Cancellation. (1) (A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued. (B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater. (2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions. (3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years. (f) Off-tract Use of Groundwater. (1) (A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5) . (B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right. (2) A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty. (g) Water Rights Attach to and Run with the Land. A water right may not be conveyed or otherwise marketed or transferred separate from the realty described in the water right. (h) Automatically Transferred. Water rights shall be an incident of surface ownership of the realty and, upon notice to the commission, shall be transferred to the new landowner. Acts 1991, No. 154, § 10; 1991, No. 342, § 10.

(a) Purpose. Water rights are issued for beneficial uses.

(b) Duration. (1) Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission. (2) In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater user for the use of groundwater, as well as the cost and useful life of the facility.

(1) Water rights shall be limited to such period of time as designated by the Arkansas Natural Resources Commission.

(2) In determining that period of time, the commission shall give consideration to the time required to reasonably amortize the investments made by the groundwater user for the use of groundwater, as well as the cost and useful life of the facility.

(c) Limitation on Quantity. In the water right, the commission may limit annual withdrawals.

(d) Precedence. (1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application. (2) On all renewal applications, consideration shall be given to reasonable beneficial use.

(1) In the event that two (2) or more competing applications specifying the same priority are made, preference shall be given to a renewal application over an initial application.

(2) On all renewal applications, consideration shall be given to reasonable beneficial use.

(e) Cancellation. (1) (A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued. (B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater. (2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions. (3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years.

(1) (A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued. (B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.

(A) A water right may be cancelled if groundwater is used for a purpose other than that for which the water right was issued.

(B) A groundwater user may apply for and may be granted an appropriate change in the use of the groundwater.

(2) A water right may be cancelled for nonuse or failure to put the groundwater to a reasonable beneficial use within a reasonable period of time following the issuance of the water right if the nonuse is for a reason other than implementation of conservation measures, crop rotation, conversion to surface water sources, or climatic conditions.

(3) A water right may be cancelled for failure to report water use for two (2) consecutive years under § 15-22-302 or failure to pay the fee as set out in § 15-22-913 for two (2) consecutive years.

(f) Off-tract Use of Groundwater. (1) (A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5) . (B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right. (2) A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty.

(1) (A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5) . (B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right.

(A) The place of use described in the water right is the only realty on which the allocated groundwater may be used, except as provided in § 15-22-905(5) .

(B) However, the commission, in times of emergency, may authorize the use of the allocated groundwater on realty other than that described in the water right.

(2) A water right recipient acquiring or leasing additional realty, contiguous or noncontiguous, upon application shall be entitled to an amended water right so as to encompass that realty.

(g) Water Rights Attach to and Run with the Land. A water right may not be conveyed or otherwise marketed or transferred separate from the realty described in the water right.

(h) Automatically Transferred. Water rights shall be an incident of surface ownership of the realty and, upon notice to the commission, shall be transferred to the new landowner.

Acts 1991, No. 154, § 10; 1991, No. 342, § 10.
Ark. Code Ann. § 15-11-204 — AR Code / Title 15 / Chapter 11 / Subchapter 2 / Section 15-11-204
Organization - Meetings
Status: in_force

(a) From time to time, the State Parks, Recreation, and Travel Commission shall select from its membership a chair and a vice chair. (b) The Secretary of the Department of Parks, Heritage, and Tourism shall be ex officio secretary of the commission but shall have no vote on matters coming before the commission. (c) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public. (d) Meetings shall be at the call of the Chair of the State Parks, Recreation, and Travel Commission either at his or her own instance or upon the written request of a majority of members. (e) [Repealed.] Amended by Act 2023, No. 631,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 5626, eff. 7/1/2019. Acts 1955, No. 330, § 6; 1973, No. 819, § 1; 1975 (Extended Sess., 1976), No. 1076, § 1; 1979, No. 684, § 1; 1981, No. 638, § 1; 1985, No. 935, § 1; A.S.A. 1947, § 9-207; reen. Acts 1987, No. 868, § 1.

(a) From time to time, the State Parks, Recreation, and Travel Commission shall select from its membership a chair and a vice chair.

(b) The Secretary of the Department of Parks, Heritage, and Tourism shall be ex officio secretary of the commission but shall have no vote on matters coming before the commission.

(c) The commission shall adopt and may modify rules for the conduct of its business and shall keep a record of its transactions, findings, and determinations. The record shall be public.

(d) Meetings shall be at the call of the Chair of the State Parks, Recreation, and Travel Commission either at his or her own instance or upon the written request of a majority of members.

(e) [Repealed.]

Amended by Act 2023, No. 631,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 5626, eff. 7/1/2019.

Acts 1955, No. 330, § 6; 1973, No. 819, § 1; 1975 (Extended Sess., 1976), No. 1076, § 1; 1979, No. 684, § 1; 1981, No. 638, § 1; 1985, No. 935, § 1; A.S.A. 1947, § 9-207; reen. Acts 1987, No. 868, § 1.
Ark. Code Ann. § 15-20-1201 — AR Code / Title 15 / Chapter 20 / Subchapter 12 / Section 15-20-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Surplus Nutrient Removal Incentives Act". Acts 2007, No. 532, § 1.

This subchapter shall be known and may be cited as the "Surplus Nutrient Removal Incentives Act".

Acts 2007, No. 532, § 1.
Ark. Code Ann. § 15-22-1217 — AR Code / Title 15 / Chapter 22 / Subchapter 12 / Section 15-22-1217
Violation - Penalty
Status: in_force

(a) Any registered water user or significant water user who shall fail to report as set forth in § 15-22-1215 shall be subject to an administrative penalty at the rate of two (2) times the conservation fee owed, payable to the Sparta Aquifer critical groundwater county conservation board. (b) Any person who intentionally or willfully makes any false report under the provisions of this subchapter or who tampers with any meter required by this subchapter shall be guilty of a misdemeanor and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000). Acts 1999, No. 1050, § 17.

(a) Any registered water user or significant water user who shall fail to report as set forth in § 15-22-1215 shall be subject to an administrative penalty at the rate of two (2) times the conservation fee owed, payable to the Sparta Aquifer critical groundwater county conservation board.

(b) Any person who intentionally or willfully makes any false report under the provisions of this subchapter or who tampers with any meter required by this subchapter shall be guilty of a misdemeanor and upon conviction shall be fined not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000).

Acts 1999, No. 1050, § 17.
Ark. Code Ann. § 15-5-1205 — AR Code / Title 15 / Chapter 5 / Subchapter 12 / Section 15-5-1205
Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund - Pledged fees
Status: in_force

(a) (1) The debt service on the bonds shall be secured by a lien on and pledge of the petroleum environmental assurance fee established by § 8-7-906 . (2) The pledging of such fees is authorized. (b) Commencing on the first day of the month next succeeding the issuance of bonds by the Arkansas Development Finance Authority, the pledged fees are specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided and authorized in this subchapter, the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , and the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq. (c) (1) Commencing on the first day of the month next succeeding the issuance of bonds by the authority, the pledged fees shall not be deposited into the State Treasury and shall not be subject to legislative appropriations, but, as received by the Secretary of the Department of Finance and Administration or the Treasurer of State, shall be deposited into a bank or banks selected by the authority and approved by the Treasurer of State. (2) The pledged fees shall be deposited to the credit of a fund established on the books of the authority created and designated as the "Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund". (d) (1) There is established on the books of the authority a reserve fund to be known as the "Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund". (2) The Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund shall be funded from the proceeds of the bonds and shall be held and used to ensure prompt payment of debt service on the bonds in such a manner and pursuant to such conditions as may be specified by the authority in the resolution or trust indenture authorizing or securing the bonds. Amended by Act 2019, No. 910,§ 3401, eff. 7/1/2019. Acts 1995, No. 1054, § 1; 2005, No. 1962, § 63.

(a) (1) The debt service on the bonds shall be secured by a lien on and pledge of the petroleum environmental assurance fee established by § 8-7-906 . (2) The pledging of such fees is authorized.

(1) The debt service on the bonds shall be secured by a lien on and pledge of the petroleum environmental assurance fee established by § 8-7-906 .

(2) The pledging of such fees is authorized.

(b) Commencing on the first day of the month next succeeding the issuance of bonds by the Arkansas Development Finance Authority, the pledged fees are specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided and authorized in this subchapter, the Arkansas Development Finance Authority Act, §§ 15-5-101 - 15-5-106 , 15-5-201 - 15-5-211 , 15-5-213 , and 15-5-301 - 15-5-316 , and the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq.

(c) (1) Commencing on the first day of the month next succeeding the issuance of bonds by the authority, the pledged fees shall not be deposited into the State Treasury and shall not be subject to legislative appropriations, but, as received by the Secretary of the Department of Finance and Administration or the Treasurer of State, shall be deposited into a bank or banks selected by the authority and approved by the Treasurer of State. (2) The pledged fees shall be deposited to the credit of a fund established on the books of the authority created and designated as the "Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund".

(1) Commencing on the first day of the month next succeeding the issuance of bonds by the authority, the pledged fees shall not be deposited into the State Treasury and shall not be subject to legislative appropriations, but, as received by the Secretary of the Department of Finance and Administration or the Treasurer of State, shall be deposited into a bank or banks selected by the authority and approved by the Treasurer of State.

(2) The pledged fees shall be deposited to the credit of a fund established on the books of the authority created and designated as the "Petroleum Storage Tank Trust Fund Revenue Bond Debt Service Fund".

(d) (1) There is established on the books of the authority a reserve fund to be known as the "Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund". (2) The Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund shall be funded from the proceeds of the bonds and shall be held and used to ensure prompt payment of debt service on the bonds in such a manner and pursuant to such conditions as may be specified by the authority in the resolution or trust indenture authorizing or securing the bonds.

(1) There is established on the books of the authority a reserve fund to be known as the "Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund".

(2) The Petroleum Storage Tank Trust Fund Revenue Bonds Reserve Fund shall be funded from the proceeds of the bonds and shall be held and used to ensure prompt payment of debt service on the bonds in such a manner and pursuant to such conditions as may be specified by the authority in the resolution or trust indenture authorizing or securing the bonds.

Amended by Act 2019, No. 910,§ 3401, eff. 7/1/2019.

Acts 1995, No. 1054, § 1; 2005, No. 1962, § 63.
Ark. Code Ann. § 15-21-303 — AR Code / Title 15 / Chapter 21 / Subchapter 3 / Section 15-21-303
Designations within zones
Status: in_force

(a) As established for use in the North Zone, the Arkansas Coordinate System 1983 shall be named and in any land description in which it is used it shall be designated the "Arkansas Coordinate System 1983, North Zone". (b) As established for use in the South Zone, the Arkansas Coordinate System 1983 shall be named and in any land description in which it is used it shall be designated the "Arkansas Coordinate System 1983, South Zone". Acts 1991, No. 861, § 2.

(a) As established for use in the North Zone, the Arkansas Coordinate System 1983 shall be named and in any land description in which it is used it shall be designated the "Arkansas Coordinate System 1983, North Zone".

(b) As established for use in the South Zone, the Arkansas Coordinate System 1983 shall be named and in any land description in which it is used it shall be designated the "Arkansas Coordinate System 1983, South Zone".

Acts 1991, No. 861, § 2.
Ark. Code Ann. § 15-4-405 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-405
Companies qualified for loan application and sale - Apportioning available funds
Status: in_force

(a) Any small business investment company which qualifies and is licensed by the United States Small Business Administration as a small business investment company authorized to do business in this state and to make loans and provide investment funds for capital improvements to persons whose participation in the free enterprise system is hampered because of social or economic disadvantage shall be entitled to apply with the Division of Minority Business Enterprise of the Arkansas Economic Development Commission for loans under the provisions of this subchapter and may sell to the division loans made to small business concerns eligible to receive the loans under the provisions of this subchapter. (b) If applications for loans or applications to sell investment loans filed with the division exceed the funds available for such purposes, the Arkansas Economic Development Council shall promulgate appropriate rules to apportion to each such small business investment company its pro rata share of available loan funds in accordance with guidelines and standards promulgated by the council. Amended by Act 2019, No. 315,§ 1056, eff. 7/24/2019. Acts 1985, No. 869, § 10; A.S.A. 1947, § 9-578.

(a) Any small business investment company which qualifies and is licensed by the United States Small Business Administration as a small business investment company authorized to do business in this state and to make loans and provide investment funds for capital improvements to persons whose participation in the free enterprise system is hampered because of social or economic disadvantage shall be entitled to apply with the Division of Minority Business Enterprise of the Arkansas Economic Development Commission for loans under the provisions of this subchapter and may sell to the division loans made to small business concerns eligible to receive the loans under the provisions of this subchapter.

(b) If applications for loans or applications to sell investment loans filed with the division exceed the funds available for such purposes, the Arkansas Economic Development Council shall promulgate appropriate rules to apportion to each such small business investment company its pro rata share of available loan funds in accordance with guidelines and standards promulgated by the council.

Amended by Act 2019, No. 315,§ 1056, eff. 7/24/2019.

Acts 1985, No. 869, § 10; A.S.A. 1947, § 9-578.
Ark. Code Ann. § 15-21-209 — AR Code / Title 15 / Chapter 21 / Subchapter 2 / Section 15-21-209
Exchange of information
Status: in_force

(a) When the State Surveyor so requests, the public recorder of deeds, mortgages, or other instruments dealing with interest in real property and all state agencies, boards, and commissions and all county and municipal officials shall furnish to the Division of Land Surveys of the Arkansas Geographic Information Systems Office certified copies of records in their custody which are essential for the division to carry out its duties under the provisions of this subchapter. (b) Copies of the records shall be furnished free of cost when possible. (c) If a charge is made for the records, it shall be a reasonable charge based upon the actual costs of furnishing the records. (d) On request of state agencies and departments and county and municipal officials, the division shall furnish to such requesting officials or agencies certified copies of records of the division. (e) The records shall be furnished free of cost when possible, but if a charge is to be made for furnishing the records, the charge shall be based upon the actual cost of furnishing the records. Amended by Act 2015EX1, No. 8,§ 147, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 147, eff. 7/1/2015. Acts 1973, No. 458, § 8; A.S.A. 1947, § 10-1308.

(a) When the State Surveyor so requests, the public recorder of deeds, mortgages, or other instruments dealing with interest in real property and all state agencies, boards, and commissions and all county and municipal officials shall furnish to the Division of Land Surveys of the Arkansas Geographic Information Systems Office certified copies of records in their custody which are essential for the division to carry out its duties under the provisions of this subchapter.

(b) Copies of the records shall be furnished free of cost when possible.

(c) If a charge is made for the records, it shall be a reasonable charge based upon the actual costs of furnishing the records.

(d) On request of state agencies and departments and county and municipal officials, the division shall furnish to such requesting officials or agencies certified copies of records of the division.

(e) The records shall be furnished free of cost when possible, but if a charge is to be made for furnishing the records, the charge shall be based upon the actual cost of furnishing the records.

Amended by Act 2015EX1, No. 8,§ 147, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 147, eff. 7/1/2015.

Acts 1973, No. 458, § 8; A.S.A. 1947, § 10-1308.