Ark. Code Ann. § 15-23-901 — AR Code / Title 15 / Chapter 23 / Subchapter 9 / Section 15-23-901
Title
Status: in_force

This subchapter shall be known and cited as the "Arkansas Port Priority Improvement Program Act". Acts 2001, No. 1546, § 1.

This subchapter shall be known and cited as the "Arkansas Port Priority Improvement Program Act".

Acts 2001, No. 1546, § 1.
Ark. Code Ann. § 15-74-403 — AR Code / Title 15 / Chapter 74 / Subchapter 4 / Section 15-74-403
Limit on inspectors' interest in oil and gas sale or manufacture - Appropriation of fluids
Status: in_force

No inspector or deputy, while in office, shall: (1) Be interested, directly or indirectly, in the manufacture or sale of any of the oils or gasoline specified in this subchapter; or (2) For the purpose of inspection, testing, or gauging the same, take away or appropriate for his or her own use, or for the use of others, any part or portion of the oils or fluids. Acts 1933, No. 134, § 10; Pope's Dig., § 10457; A.S.A. 1947, § 53-610.

No inspector or deputy, while in office, shall:

(1) Be interested, directly or indirectly, in the manufacture or sale of any of the oils or gasoline specified in this subchapter; or

(2) For the purpose of inspection, testing, or gauging the same, take away or appropriate for his or her own use, or for the use of others, any part or portion of the oils or fluids.

Acts 1933, No. 134, § 10; Pope's Dig., § 10457; A.S.A. 1947, § 53-610.
Ark. Code Ann. § 15-4-3009 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3009
Authorization of bonds
Status: in_force

(a) (1) The bonds shall be authorized by resolution of the Arkansas Development Finance Authority. (2) Each resolution shall contain terms, covenants, and conditions as deemed desirable, including without limitation, those pertaining to: (A) The establishment and maintenance of funds and accounts; (B) The deposit and investment of revenues and of bond proceeds; and (C) The rights and obligations of the state, its officers and officials, the authority, and the registered owners of the bonds. (3) (A) The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to in this subchapter. (B) The trust indenture or indentures shall be binding upon the state and its agencies, officers, and officials to the extent set forth in this subchapter. (b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured under this subchapter all or any part of the revenues that may be derived from any superproject financed by the bonds or financed by the authority in some other manner; and (2) To the extent of the revenues that the authority elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation, the Economic Development Superprojects Project Fund revenues or other revenues required to be transferred under this subchapter. Acts 2003, No. 1751, § 9.

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

(1) The bonds shall be authorized by resolution of the Arkansas Development Finance Authority.

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

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

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

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

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

(A) The resolution of the authority may provide for the execution and delivery by the authority of a trust indenture or indentures with one (1) or more banks or trust companies located within or without the state, containing any of the terms, covenants, and conditions referred to in this subchapter.

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

(b) Any resolution or trust indenture adopted or executed under this section shall provide that power is reserved: (1) To apply to the payment of debt service on the bonds issued or secured under this subchapter all or any part of the revenues that may be derived from any superproject financed by the bonds or financed by the authority in some other manner; and (2) To the extent of the revenues that the authority elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation, the Economic Development Superprojects Project Fund revenues or other revenues required to be transferred under this subchapter.

(1) To apply to the payment of debt service on the bonds issued or secured under this subchapter all or any part of the revenues that may be derived from any superproject financed by the bonds or financed by the authority in some other manner; and

(2) To the extent of the revenues that the authority elects to apply to debt service, to release from any requirement of the resolution or trust indenture other revenues and resources of the state, including without limitation, the Economic Development Superprojects Project Fund revenues or other revenues required to be transferred under this subchapter.

Acts 2003, No. 1751, § 9.
Ark. Code Ann. § 15-4-1407 — AR Code / Title 15 / Chapter 4 / Subchapter 14 / Section 15-4-1407
Product development - Contracts
Status: in_force

(a) (1) If a proposal is accepted for product development, the Center for Prototype Development and Emerging Technologies at the University of Arkansas at Little Rock shall prepare a product development plan which will include a technical plan for developing the product, time schedule, and estimated cost. (2) The center will have an established policy for making decisions to develop products utilizing appropriate resources and bringing the products to a commercial state. (3) The services of the center may include patent searches, applications for patent, copyright registration, market analysis, product research and development, assistance in obtaining financing, including financing from private resources, and business counseling. (b) (1) If the inventor wants the center to develop the product according to the product development plan but is unable to finance all or part of the development, then the center may develop the product using in part its own or other resources, provided such resources are available. (2) The inventor shall be liable to pay a fee according to the policy set forth in subdivision (c)(3) of this section. (3) The inventor may finance the product development plan in full and, in such cases, there will not be any additional fee involved. (c) Before services to aid in the development of the product shall commence, the Board of Trustees of the University of Arkansas, on behalf of the center, shall enter into a written contract with the inventor which shall include, in addition to any other provisions consistent with this subchapter: (1) The services which the center will provide to aid in the development of the product; (2) Any other services which the center will assist the inventor in obtaining and for which the inventor shall be liable pursuant to written consent; (3) (A) Authorization for the center to receive a fee not to exceed an amount equal to: (i) Ten percent (10%) of all royalties from the product for a period not to exceed ten (10) years from the first day after royalties are first received by the inventor; (ii) One percent (1%) of the gross sales revenue for a period not to exceed ten (10) years from the first day after the product reaches the commercial state; (iii) An equitable percentage of any consideration received from the sale, licensing, or transfer of any interest in intellectual property or proprietary products; or (iv) Any combination of amounts under subdivisions (c)(3)(A)(i)-(iii) of this section. (B) The fees shall be based on a consideration of the following factors: (i) The inventor's contribution to the financing of the product according to the product development plan; (ii) The center's contribution to the financing of the product according to the product development plan; and (iii) The potential for commercial success of the product; (4) (A) A written agreement from the inventor that all products developed under the inventors' assistance program shall be researched, developed, manufactured, and packaged within this state and distributed from this state, to the extent that it is economically feasible. (B) Provided, wherever the products are manufactured, the fee set forth in subdivision (c)(3) of this section shall accrue to this state pursuant to the provisions of this subchapter; (5) Provision for acquisition by the center of any security interest in intellectual property as required to protect the state's interest in the fee set forth in subdivision (c)(3) of this section; (6) Agreement by the inventor that any assignment, sale, or licensing of a product or intellectual property developed under the program shall be subject to the center's security interest and that any contract with a third party for the assignment, sale, or licensing of a product or intellectual property developed under the program shall explicitly condition such assignment, sale, or license on the prior rights of the center; and (7) Provision for such fiscal reporting by the inventor, the inventor's assignee, or licensee as may be necessary to assure the performance of all provisions of the written contract. Amended by Act 2017, No. 374,§ 6, eff. 8/1/2017. Acts 1991, No. 707, § 5.

(a) (1) If a proposal is accepted for product development, the Center for Prototype Development and Emerging Technologies at the University of Arkansas at Little Rock shall prepare a product development plan which will include a technical plan for developing the product, time schedule, and estimated cost. (2) The center will have an established policy for making decisions to develop products utilizing appropriate resources and bringing the products to a commercial state. (3) The services of the center may include patent searches, applications for patent, copyright registration, market analysis, product research and development, assistance in obtaining financing, including financing from private resources, and business counseling.

(1) If a proposal is accepted for product development, the Center for Prototype Development and Emerging Technologies at the University of Arkansas at Little Rock shall prepare a product development plan which will include a technical plan for developing the product, time schedule, and estimated cost.

(2) The center will have an established policy for making decisions to develop products utilizing appropriate resources and bringing the products to a commercial state.

(3) The services of the center may include patent searches, applications for patent, copyright registration, market analysis, product research and development, assistance in obtaining financing, including financing from private resources, and business counseling.

(b) (1) If the inventor wants the center to develop the product according to the product development plan but is unable to finance all or part of the development, then the center may develop the product using in part its own or other resources, provided such resources are available. (2) The inventor shall be liable to pay a fee according to the policy set forth in subdivision (c)(3) of this section. (3) The inventor may finance the product development plan in full and, in such cases, there will not be any additional fee involved.

(1) If the inventor wants the center to develop the product according to the product development plan but is unable to finance all or part of the development, then the center may develop the product using in part its own or other resources, provided such resources are available.

(2) The inventor shall be liable to pay a fee according to the policy set forth in subdivision (c)(3) of this section.

(3) The inventor may finance the product development plan in full and, in such cases, there will not be any additional fee involved.

(c) Before services to aid in the development of the product shall commence, the Board of Trustees of the University of Arkansas, on behalf of the center, shall enter into a written contract with the inventor which shall include, in addition to any other provisions consistent with this subchapter: (1) The services which the center will provide to aid in the development of the product; (2) Any other services which the center will assist the inventor in obtaining and for which the inventor shall be liable pursuant to written consent; (3) (A) Authorization for the center to receive a fee not to exceed an amount equal to: (i) Ten percent (10%) of all royalties from the product for a period not to exceed ten (10) years from the first day after royalties are first received by the inventor; (ii) One percent (1%) of the gross sales revenue for a period not to exceed ten (10) years from the first day after the product reaches the commercial state; (iii) An equitable percentage of any consideration received from the sale, licensing, or transfer of any interest in intellectual property or proprietary products; or (iv) Any combination of amounts under subdivisions (c)(3)(A)(i)-(iii) of this section. (B) The fees shall be based on a consideration of the following factors: (i) The inventor's contribution to the financing of the product according to the product development plan; (ii) The center's contribution to the financing of the product according to the product development plan; and (iii) The potential for commercial success of the product; (4) (A) A written agreement from the inventor that all products developed under the inventors' assistance program shall be researched, developed, manufactured, and packaged within this state and distributed from this state, to the extent that it is economically feasible. (B) Provided, wherever the products are manufactured, the fee set forth in subdivision (c)(3) of this section shall accrue to this state pursuant to the provisions of this subchapter; (5) Provision for acquisition by the center of any security interest in intellectual property as required to protect the state's interest in the fee set forth in subdivision (c)(3) of this section; (6) Agreement by the inventor that any assignment, sale, or licensing of a product or intellectual property developed under the program shall be subject to the center's security interest and that any contract with a third party for the assignment, sale, or licensing of a product or intellectual property developed under the program shall explicitly condition such assignment, sale, or license on the prior rights of the center; and (7) Provision for such fiscal reporting by the inventor, the inventor's assignee, or licensee as may be necessary to assure the performance of all provisions of the written contract.

(1) The services which the center will provide to aid in the development of the product;

(2) Any other services which the center will assist the inventor in obtaining and for which the inventor shall be liable pursuant to written consent;

(3) (A) Authorization for the center to receive a fee not to exceed an amount equal to: (i) Ten percent (10%) of all royalties from the product for a period not to exceed ten (10) years from the first day after royalties are first received by the inventor; (ii) One percent (1%) of the gross sales revenue for a period not to exceed ten (10) years from the first day after the product reaches the commercial state; (iii) An equitable percentage of any consideration received from the sale, licensing, or transfer of any interest in intellectual property or proprietary products; or (iv) Any combination of amounts under subdivisions (c)(3)(A)(i)-(iii) of this section. (B) The fees shall be based on a consideration of the following factors: (i) The inventor's contribution to the financing of the product according to the product development plan; (ii) The center's contribution to the financing of the product according to the product development plan; and (iii) The potential for commercial success of the product;

(A) Authorization for the center to receive a fee not to exceed an amount equal to: (i) Ten percent (10%) of all royalties from the product for a period not to exceed ten (10) years from the first day after royalties are first received by the inventor; (ii) One percent (1%) of the gross sales revenue for a period not to exceed ten (10) years from the first day after the product reaches the commercial state; (iii) An equitable percentage of any consideration received from the sale, licensing, or transfer of any interest in intellectual property or proprietary products; or (iv) Any combination of amounts under subdivisions (c)(3)(A)(i)-(iii) of this section.

(i) Ten percent (10%) of all royalties from the product for a period not to exceed ten (10) years from the first day after royalties are first received by the inventor;

(ii) One percent (1%) of the gross sales revenue for a period not to exceed ten (10) years from the first day after the product reaches the commercial state;

(iii) An equitable percentage of any consideration received from the sale, licensing, or transfer of any interest in intellectual property or proprietary products; or

(iv) Any combination of amounts under subdivisions (c)(3)(A)(i)-(iii) of this section.

(B) The fees shall be based on a consideration of the following factors: (i) The inventor's contribution to the financing of the product according to the product development plan; (ii) The center's contribution to the financing of the product according to the product development plan; and (iii) The potential for commercial success of the product;

(i) The inventor's contribution to the financing of the product according to the product development plan;

(ii) The center's contribution to the financing of the product according to the product development plan; and

(iii) The potential for commercial success of the product;

(4) (A) A written agreement from the inventor that all products developed under the inventors' assistance program shall be researched, developed, manufactured, and packaged within this state and distributed from this state, to the extent that it is economically feasible. (B) Provided, wherever the products are manufactured, the fee set forth in subdivision (c)(3) of this section shall accrue to this state pursuant to the provisions of this subchapter;

(A) A written agreement from the inventor that all products developed under the inventors' assistance program shall be researched, developed, manufactured, and packaged within this state and distributed from this state, to the extent that it is economically feasible.

(B) Provided, wherever the products are manufactured, the fee set forth in subdivision (c)(3) of this section shall accrue to this state pursuant to the provisions of this subchapter;

(5) Provision for acquisition by the center of any security interest in intellectual property as required to protect the state's interest in the fee set forth in subdivision (c)(3) of this section;

(6) Agreement by the inventor that any assignment, sale, or licensing of a product or intellectual property developed under the program shall be subject to the center's security interest and that any contract with a third party for the assignment, sale, or licensing of a product or intellectual property developed under the program shall explicitly condition such assignment, sale, or license on the prior rights of the center; and

(7) Provision for such fiscal reporting by the inventor, the inventor's assignee, or licensee as may be necessary to assure the performance of all provisions of the written contract.

Amended by Act 2017, No. 374,§ 6, eff. 8/1/2017.

Acts 1991, No. 707, § 5.
Ark. Code Ann. § 15-4-1013 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1013
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 11; A.S.A. 1947, § 67-1637; Acts 2003, No. 860, § 6.

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

Acts 1985, No. 410, § 11; A.S.A. 1947, § 67-1637; Acts 2003, No. 860, § 6.
Ark. Code Ann. § 15-58-406 — AR Code / Title 15 / Chapter 58 / Subchapter 4 / Section 15-58-406
Condemnation
Status: in_force

(a) The Director of the Division of Environmental Quality, personally or through his or her authorized legal representative, pursuant to an approved state abandoned mine reclamation program, may acquire for the state any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the director determines that acquisition of such land is necessary to successful reclamation and that: (1) (A) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open-space benefits; and (B) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (2) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices. (b) Title to all lands acquired pursuant to this section shall be in the name of the state. (c) The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices. Amended by Act 2019, No. 910,§ 3159, eff. 7/1/2019. Acts 1979, No. 134, § 11; A.S.A. 1947, § 52-945.

(a) The Director of the Division of Environmental Quality, personally or through his or her authorized legal representative, pursuant to an approved state abandoned mine reclamation program, may acquire for the state any land, by purchase, donation, or condemnation, which is adversely affected by past coal mining practices if the director determines that acquisition of such land is necessary to successful reclamation and that: (1) (A) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open-space benefits; and (B) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or (2) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

(1) (A) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open-space benefits; and (B) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or

(A) The acquired land, after restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices, will serve recreation and historic purposes, conservation and reclamation purposes, or provide open-space benefits; and

(B) Permanent facilities such as a treatment plant or a relocated stream channel will be constructed on the land for the restoration, reclamation, abatement, control, or prevention of the adverse effects of past coal mining practices; or

(2) Acquisition of coal refuse disposal sites and all coal refuse thereon will serve the purposes of this chapter, or that public ownership is desirable to meet emergency situations and prevent recurrences of the adverse effects of past coal mining practices.

(b) Title to all lands acquired pursuant to this section shall be in the name of the state.

(c) The price paid for land acquired under this section shall reflect the market value of the land as adversely affected by past coal mining practices.

Amended by Act 2019, No. 910,§ 3159, eff. 7/1/2019.

Acts 1979, No. 134, § 11; A.S.A. 1947, § 52-945.
Ark. Code Ann. § 15-57-308 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-308
Technical and financial assistance
Status: in_force

The Division of Environmental Quality shall have the authority to cooperate with and receive technical and financial assistance from the United States, or any department, agency, or officer thereof, for any purposes relating to the reclamation of affected lands. Amended by Act 2019, No. 910,§ 3080, eff. 7/1/2019. Acts 1991, No. 827, § 7.

The Division of Environmental Quality shall have the authority to cooperate with and receive technical and financial assistance from the United States, or any department, agency, or officer thereof, for any purposes relating to the reclamation of affected lands.

Amended by Act 2019, No. 910,§ 3080, eff. 7/1/2019.

Acts 1991, No. 827, § 7.
Ark. Code Ann. § 15-4-515 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-515
Exemption from Arkansas Securities Act
Status: in_force

Whenever any corporation organized under this act borrows money, the bonds of the corporation or its other obligations issued to evidence such indebtedness shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq. Acts 1955, No. 404, § 26; A.S.A. 1947, § 9-529.

Whenever any corporation organized under this act borrows money, the bonds of the corporation or its other obligations issued to evidence such indebtedness shall be exempt from the provisions of the Arkansas Securities Act, § 23-42-101 et seq.

Acts 1955, No. 404, § 26; A.S.A. 1947, § 9-529.
Ark. Code Ann. § 15-22-405 — AR Code / Title 15 / Chapter 22 / Subchapter 4 / Section 15-22-405
Filing of expense statement by judge
Status: in_force

Any county judge sealing or directing the sealing of any artesian well shall file an expense statement on behalf of the county in the amount of one hundred dollars ($100) with the county recorder. Acts 1949, No. 478, § 4; A.S.A. 1947, § 21-1104.

Any county judge sealing or directing the sealing of any artesian well shall file an expense statement on behalf of the county in the amount of one hundred dollars ($100) with the county recorder.

Acts 1949, No. 478, § 4; A.S.A. 1947, § 21-1104.
Ark. Code Ann. § 15-72-104 — AR Code / Title 15 / Chapter 72 / Subchapter 1 / Section 15-72-104
Falsifying or failing to keep records - Willfully violating the Safe Drinking Water Act
Status: in_force

(a) Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five thousand dollars ($5,000), or to imprisonment for a term of not more than six (6) months, or to both fine and imprisonment if that person, for the purpose of evading this act, or of evading any rule or order made hereunder: (1) Shall intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this act or by any rule or order made hereunder; (2) Shall make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this act or of any rule or order made hereunder; (3) Shall omit to make, or cause to be omitted, full, true, and correct entries in the accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the petroleum industry of that person as may be required by the Oil and Gas Commission under authority given in this act or by any rule or order made hereunder; (4) Shall remove out of the jurisdiction of the state or shall mutilate, alter, or by any other means falsify any book, record, or other paper pertaining to the transactions regulated by this act, or by any rule or order made hereunder. (b) Any person who willfully violates any program requirement under the applicable provisions of the Safe Drinking Water Act, Pub. L. No. 93-523, as amended, for the control of underground injection shall be deemed guilty of a misdemeanor and shall be subject to the penalty provided in subsection (a) of this section. Amended by Act 2019, No. 315,§ 1238, eff. 7/24/2019. Acts 1939, No. 105, § 21; 1981, No. 523, § 4; A.S.A. 1947, § 53-121.

(a) Any person shall be deemed guilty of a misdemeanor and shall be subject, upon conviction in any court of competent jurisdiction, to a fine of not more than five thousand dollars ($5,000), or to imprisonment for a term of not more than six (6) months, or to both fine and imprisonment if that person, for the purpose of evading this act, or of evading any rule or order made hereunder: (1) Shall intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this act or by any rule or order made hereunder; (2) Shall make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this act or of any rule or order made hereunder; (3) Shall omit to make, or cause to be omitted, full, true, and correct entries in the accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the petroleum industry of that person as may be required by the Oil and Gas Commission under authority given in this act or by any rule or order made hereunder; (4) Shall remove out of the jurisdiction of the state or shall mutilate, alter, or by any other means falsify any book, record, or other paper pertaining to the transactions regulated by this act, or by any rule or order made hereunder.

(1) Shall intentionally make or cause to be made any false entry or statement of fact in any report required to be made by this act or by any rule or order made hereunder;

(2) Shall make or cause to be made any false entry in any account, record, or memorandum kept by any person in connection with the provisions of this act or of any rule or order made hereunder;

(3) Shall omit to make, or cause to be omitted, full, true, and correct entries in the accounts, records, or memoranda, of all facts and transactions pertaining to the interest or activities in the petroleum industry of that person as may be required by the Oil and Gas Commission under authority given in this act or by any rule or order made hereunder;

(4) Shall remove out of the jurisdiction of the state or shall mutilate, alter, or by any other means falsify any book, record, or other paper pertaining to the transactions regulated by this act, or by any rule or order made hereunder.

(b) Any person who willfully violates any program requirement under the applicable provisions of the Safe Drinking Water Act, Pub. L. No. 93-523, as amended, for the control of underground injection shall be deemed guilty of a misdemeanor and shall be subject to the penalty provided in subsection (a) of this section.

Amended by Act 2019, No. 315,§ 1238, eff. 7/24/2019.

Acts 1939, No. 105, § 21; 1981, No. 523, § 4; A.S.A. 1947, § 53-121.
Ark. Code Ann. § 15-22-906 — AR Code / Title 15 / Chapter 22 / Subchapter 9 / Section 15-22-906
Groundwater protection program
Status: in_force

(a) In order to protect the groundwater of the state, the Arkansas Natural Resources Commission shall develop a comprehensive groundwater protection program. (b) This shall contain, as a minimum, the following components as the commission deems necessary: (1) Assessment and monitoring of the availability of groundwater and its quality; (2) The classification of groundwater and establishment of groundwater criteria and standards; and (3) The management of groundwater pursuant to this subchapter, including the issuance of water rights, protection of groundwater quality, and establishment of an education and information program. (c) (1) This program shall not be inconsistent with nor shall it preempt or supersede any regulatory authority currently or in the future vested with the Division of Environmental Quality, the State Plant Board, or the Department of Health. (2) However, no permit or prior authorization from the division, the board, or the department shall be required to implement the provisions of this subchapter. Amended by Act 2019, No. 910,§ 3065, eff. 7/1/2019. Acts 1991, No. 154, § 4; 1991, No. 342, § 4; 1999, No. 1164, § 132.

(a) In order to protect the groundwater of the state, the Arkansas Natural Resources Commission shall develop a comprehensive groundwater protection program.

(b) This shall contain, as a minimum, the following components as the commission deems necessary: (1) Assessment and monitoring of the availability of groundwater and its quality; (2) The classification of groundwater and establishment of groundwater criteria and standards; and (3) The management of groundwater pursuant to this subchapter, including the issuance of water rights, protection of groundwater quality, and establishment of an education and information program.

(1) Assessment and monitoring of the availability of groundwater and its quality;

(2) The classification of groundwater and establishment of groundwater criteria and standards; and

(3) The management of groundwater pursuant to this subchapter, including the issuance of water rights, protection of groundwater quality, and establishment of an education and information program.

(c) (1) This program shall not be inconsistent with nor shall it preempt or supersede any regulatory authority currently or in the future vested with the Division of Environmental Quality, the State Plant Board, or the Department of Health. (2) However, no permit or prior authorization from the division, the board, or the department shall be required to implement the provisions of this subchapter.

(1) This program shall not be inconsistent with nor shall it preempt or supersede any regulatory authority currently or in the future vested with the Division of Environmental Quality, the State Plant Board, or the Department of Health.

(2) However, no permit or prior authorization from the division, the board, or the department shall be required to implement the provisions of this subchapter.

Amended by Act 2019, No. 910,§ 3065, eff. 7/1/2019.

Acts 1991, No. 154, § 4; 1991, No. 342, § 4; 1999, No. 1164, § 132.
Ark. Code Ann. § 15-4-3712 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3712
Local workforce development board committees
Status: in_force

(a) (1) The local workforce development board shall designate and direct the activities of standing committees to provide information and to assist the local workforce development board in carrying out activities under this subchapter. (2) A standing committee shall be: (A) Chaired by a member of the local workforce development board; (B) May include other members of the local workforce development board; and (C) Shall include other individuals appointed by the local workforce development board who are not members of the local workforce development board and who the local workforce development board determines have appropriate experience and expertise. (b) At a minimum, the local workforce development board shall designate each of the following: (1) (A) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system. (B) A standing committee designated under subdivision (b)(1)(A) of this section may include as members representatives of the one-stop partners; (2) (A) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth. (B) A standing committee designated under subdivision (b)(2)(A) of this section shall include community-based organizations with a demonstrated record of success in serving eligible youth; and (3) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including without limitation issues relating to compliance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on finding employment opportunities for individuals with disabilities, including providing the appropriate supports and accommodations to employment for individuals with disabilities. (c) A local workforce development board may designate standing committees in addition to the standing committees specified in subsection (b) of this section. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

(a) (1) The local workforce development board shall designate and direct the activities of standing committees to provide information and to assist the local workforce development board in carrying out activities under this subchapter. (2) A standing committee shall be: (A) Chaired by a member of the local workforce development board; (B) May include other members of the local workforce development board; and (C) Shall include other individuals appointed by the local workforce development board who are not members of the local workforce development board and who the local workforce development board determines have appropriate experience and expertise.

(1) The local workforce development board shall designate and direct the activities of standing committees to provide information and to assist the local workforce development board in carrying out activities under this subchapter.

(2) A standing committee shall be: (A) Chaired by a member of the local workforce development board; (B) May include other members of the local workforce development board; and (C) Shall include other individuals appointed by the local workforce development board who are not members of the local workforce development board and who the local workforce development board determines have appropriate experience and expertise.

(A) Chaired by a member of the local workforce development board;

(B) May include other members of the local workforce development board; and

(C) Shall include other individuals appointed by the local workforce development board who are not members of the local workforce development board and who the local workforce development board determines have appropriate experience and expertise.

(b) At a minimum, the local workforce development board shall designate each of the following: (1) (A) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system. (B) A standing committee designated under subdivision (b)(1)(A) of this section may include as members representatives of the one-stop partners; (2) (A) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth. (B) A standing committee designated under subdivision (b)(2)(A) of this section shall include community-based organizations with a demonstrated record of success in serving eligible youth; and (3) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including without limitation issues relating to compliance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on finding employment opportunities for individuals with disabilities, including providing the appropriate supports and accommodations to employment for individuals with disabilities.

(1) (A) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system. (B) A standing committee designated under subdivision (b)(1)(A) of this section may include as members representatives of the one-stop partners;

(A) A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system.

(B) A standing committee designated under subdivision (b)(1)(A) of this section may include as members representatives of the one-stop partners;

(2) (A) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth. (B) A standing committee designated under subdivision (b)(2)(A) of this section shall include community-based organizations with a demonstrated record of success in serving eligible youth; and

(A) A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth.

(B) A standing committee designated under subdivision (b)(2)(A) of this section shall include community-based organizations with a demonstrated record of success in serving eligible youth; and

(3) A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including without limitation issues relating to compliance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, 29 U.S.C. § 3248 , if applicable, and applicable provisions of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on finding employment opportunities for individuals with disabilities, including providing the appropriate supports and accommodations to employment for individuals with disabilities.

(c) A local workforce development board may designate standing committees in addition to the standing committees specified in subsection (b) of this section.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-20-405 — AR Code / Title 15 / Chapter 20 / Subchapter 4 / Section 15-20-405
Acceptance
Status: in_force

No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance. Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.

No right or duty in favor of or against a holder and no right in favor of a person having a third-party right of enforcement arises under a conservation easement before its acceptance by the holder and a recordation of the acceptance.

Acts 1983, No. 567, § 2; A.S.A. 1947, § 50-1202.
Ark. Code Ann. § 15-72-1109 — AR Code / Title 15 / Chapter 72 / Subchapter 11 / Section 15-72-1109
Waiver
Status: in_force

(a) An interest owner is not required, as a condition or term of an agreement to sell or otherwise, to: (1) Waive, relinquish, or release an oil and gas lien or a right under this subchapter other than upon payment in full of the sales price; or (2) Agree to a provision that would apply the law of a state other than this state insofar as the law of the other state relates to rights under this subchapter. (b) A purported waiver, relinquishment, release, or provision required as a condition or term of agreement referenced under subsection (a) of this section is void as a matter of the public policy of this state. (c) Notwithstanding subsection (a) of this section, an interest owner or a representative may waive, relinquish, or release an oil and gas lien or a right under this subchapter or agree to a provision that would apply the law of a state other than this state insofar as the waiver, relinquishment, release, or agreement to a provision that would apply the law of the other state relates to rights under this subchapter only as to the interest owner's oil and gas right, if the first purchaser either: (1) Posts a letter of credit in a form and an amount satisfactory to the interest owner or representative; or (2) Agrees to a binding contractual arrangement satisfactory in form and substance to the interest owner or representative to prepay or escrow the sales price under an agreement to sell satisfactory in form and substance to the interest owner and performs all of the first purchaser's obligations under the binding contractual arrangement. Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.

(a) An interest owner is not required, as a condition or term of an agreement to sell or otherwise, to: (1) Waive, relinquish, or release an oil and gas lien or a right under this subchapter other than upon payment in full of the sales price; or (2) Agree to a provision that would apply the law of a state other than this state insofar as the law of the other state relates to rights under this subchapter.

(1) Waive, relinquish, or release an oil and gas lien or a right under this subchapter other than upon payment in full of the sales price; or

(2) Agree to a provision that would apply the law of a state other than this state insofar as the law of the other state relates to rights under this subchapter.

(b) A purported waiver, relinquishment, release, or provision required as a condition or term of agreement referenced under subsection (a) of this section is void as a matter of the public policy of this state.

(c) Notwithstanding subsection (a) of this section, an interest owner or a representative may waive, relinquish, or release an oil and gas lien or a right under this subchapter or agree to a provision that would apply the law of a state other than this state insofar as the waiver, relinquishment, release, or agreement to a provision that would apply the law of the other state relates to rights under this subchapter only as to the interest owner's oil and gas right, if the first purchaser either: (1) Posts a letter of credit in a form and an amount satisfactory to the interest owner or representative; or (2) Agrees to a binding contractual arrangement satisfactory in form and substance to the interest owner or representative to prepay or escrow the sales price under an agreement to sell satisfactory in form and substance to the interest owner and performs all of the first purchaser's obligations under the binding contractual arrangement.

(1) Posts a letter of credit in a form and an amount satisfactory to the interest owner or representative; or

(2) Agrees to a binding contractual arrangement satisfactory in form and substance to the interest owner or representative to prepay or escrow the sales price under an agreement to sell satisfactory in form and substance to the interest owner and performs all of the first purchaser's obligations under the binding contractual arrangement.

Added by Act 2021, No. 275,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 15-75-105 — AR Code / Title 15 / Chapter 75 / Subchapter 1 / Section 15-75-105
Schedule of inspection and registration fees
Status: in_force

The Liquefied Petroleum Gas Board shall have authority to charge the following maximum fees for the inspection or registration of the following: Click here to view form. Acts 1965, No. 31, § 14; 1977, No. 396, § 1; 1985, No. 909, § 1; A.S.A. 1947, § 53-713; Acts 1991, No. 300, § 1.

The Liquefied Petroleum Gas Board shall have authority to charge the following maximum fees for the inspection or registration of the following:

Click here to view form.

Acts 1965, No. 31, § 14; 1977, No. 396, § 1; 1985, No. 909, § 1; A.S.A. 1947, § 53-713; Acts 1991, No. 300, § 1.

75_105_1 - Attachment
Ark. Code Ann. § 15-4-104 — AR Code / Title 15 / Chapter 4 / Subchapter 1 / Section 15-4-104
Bond guaranty programs for employee stock purchases
Status: in_force

(a) When an Arkansas-based employee stock ownership plan buys at least twenty percent (20%) of the stock of an Arkansas-based business entity formed under Arkansas law and the Director of the Arkansas Economic Development Commission determines that had it not been for the purchase by the employee stock ownership plan that Arkansas jobs would have been lost, the Arkansas-based business entity shall be qualified for any bond guaranty programs administered by the Arkansas Economic Development Commission or the Arkansas Development Finance Authority. (b) The commission and the authority shall promulgate rules necessary for the implementation of this section. Amended by Act 2019, No. 315,§ 1054, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 356, eff. 7/1/2019. Acts 1999, No. 1584, § 1.

(a) When an Arkansas-based employee stock ownership plan buys at least twenty percent (20%) of the stock of an Arkansas-based business entity formed under Arkansas law and the Director of the Arkansas Economic Development Commission determines that had it not been for the purchase by the employee stock ownership plan that Arkansas jobs would have been lost, the Arkansas-based business entity shall be qualified for any bond guaranty programs administered by the Arkansas Economic Development Commission or the Arkansas Development Finance Authority.

(b) The commission and the authority shall promulgate rules necessary for the implementation of this section.

Amended by Act 2019, No. 315,§ 1054, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 356, eff. 7/1/2019.

Acts 1999, No. 1584, § 1.
Ark. Code Ann. § 15-5-311 — AR Code / Title 15 / Chapter 5 / Subchapter 3 / Section 15-5-311
Execution
Status: in_force

(a) The bonds shall be executed by manual or facsimile signature of the Chair of the Board of Directors of the Arkansas Development Finance Authority and the manual or facsimile signature of the President of the Arkansas Development Finance Authority or any other director or officer authorized to do so by resolution of the Board of Directors of the Arkansas Development Finance Authority. (b) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes. (c) The authority shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be impressed or imprinted with the seal of the authority. Acts 1985, No. 1062, § 8.00; A.S.A. 1947, § 13-2908.

(a) The bonds shall be executed by manual or facsimile signature of the Chair of the Board of Directors of the Arkansas Development Finance Authority and the manual or facsimile signature of the President of the Arkansas Development Finance Authority or any other director or officer authorized to do so by resolution of the Board of Directors of the Arkansas Development Finance Authority.

(b) In case any of the officers whose signatures appear on the bonds or coupons shall cease to be such officers before delivery of the bonds or coupons, their signatures, nevertheless, shall be valid and sufficient for all purposes.

(c) The authority shall adopt and use a seal in the execution and issuance of the bonds, and each bond shall be impressed or imprinted with the seal of the authority.

Acts 1985, No. 1062, § 8.00; A.S.A. 1947, § 13-2908.
Ark. Code Ann. § 15-76-305 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-305
Injunctions against the commission
Status: in_force

(a) No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof or against the Attorney General or against any agent, employee, or representative of the commission restraining the commission or any of its members, agents, employees, or representatives or the Attorney General from enforcing any provision of this subchapter or any rule, regulation, or order made hereunder, except after three (3) days' notice served upon some person in the principal office of the commission of the time, place, and court before which application for the order shall be made. (b) If the commission shall so request, it shall be entitled to a trial on the merits within ten (10) days after the granting of any temporary order. If the plaintiff is not ready for trial at that time, the court shall be authorized to dissolve the temporary restraining order. Acts 1979, No. 937, § 15; A.S.A. 1947, § 53-1315.

(a) No temporary restraining order or injunction of any kind shall be granted against the Oil and Gas Commission or members thereof or against the Attorney General or against any agent, employee, or representative of the commission restraining the commission or any of its members, agents, employees, or representatives or the Attorney General from enforcing any provision of this subchapter or any rule, regulation, or order made hereunder, except after three (3) days' notice served upon some person in the principal office of the commission of the time, place, and court before which application for the order shall be made.

(b) If the commission shall so request, it shall be entitled to a trial on the merits within ten (10) days after the granting of any temporary order. If the plaintiff is not ready for trial at that time, the court shall be authorized to dissolve the temporary restraining order.

Acts 1979, No. 937, § 15; A.S.A. 1947, § 53-1315.
Ark. Code Ann. § 15-5-706 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-706
Evaluation of small-business persons
Status: in_force

(a) The Arkansas Development Finance Authority shall promulgate standards and rules for the evaluation of the financial condition and business history of the small-business person and may require the attachment to each application for a loan or guaranty or qualified investment under this subchapter of a financial report and evaluation by an independent certified public accountant firm in addition to such examination and evaluation as the authority may make in determining whether the small-business person meets prescribed minimum standards and qualifications before entering into any guaranty under this subchapter. (b) The authority may also promulgate rules for the handling of disbursements from and payments to the Small Business Revolving Loan Fund and the Direct Fund and for the management and implementation of programs provided in this subchapter, specifically including the establishment of amounts to be made available for small businesses in rural areas. Amended by Act 2019, No. 315,§ 1085, eff. 7/24/2019. Amended by Act 2015, No. 1060,§ 12, eff. 4/4/2015. Acts 1989, No. 623, § 5; 1991, No. 775, § 4; 1991, No. 874, § 4; 1995, No. 1329, § 5.

(a) The Arkansas Development Finance Authority shall promulgate standards and rules for the evaluation of the financial condition and business history of the small-business person and may require the attachment to each application for a loan or guaranty or qualified investment under this subchapter of a financial report and evaluation by an independent certified public accountant firm in addition to such examination and evaluation as the authority may make in determining whether the small-business person meets prescribed minimum standards and qualifications before entering into any guaranty under this subchapter.

(b) The authority may also promulgate rules for the handling of disbursements from and payments to the Small Business Revolving Loan Fund and the Direct Fund and for the management and implementation of programs provided in this subchapter, specifically including the establishment of amounts to be made available for small businesses in rural areas.

Amended by Act 2019, No. 315,§ 1085, eff. 7/24/2019.

Amended by Act 2015, No. 1060,§ 12, eff. 4/4/2015.

Acts 1989, No. 623, § 5; 1991, No. 775, § 4; 1991, No. 874, § 4; 1995, No. 1329, § 5.
Ark. Code Ann. § 15-75-324 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-324
Permit application approvals
Status: in_force

All class one (1) permit application approvals must have all prerequisites met and the permit issued within six (6) months of approval by the Liquefied Petroleum Gas Board. If not issued within six (6) months of approval, the application will be returned to the applicant and a new application must be submitted to the board thirty (30) days prior to the date of the regular meeting at which the application is to be considered. Acts 1999, No. 514, § 4.

All class one (1) permit application approvals must have all prerequisites met and the permit issued within six (6) months of approval by the Liquefied Petroleum Gas Board. If not issued within six (6) months of approval, the application will be returned to the applicant and a new application must be submitted to the board thirty (30) days prior to the date of the regular meeting at which the application is to be considered.

Acts 1999, No. 514, § 4.
Ark. Code Ann. § 15-75-403 — AR Code / Title 15 / Chapter 75 / Subchapter 4 / Section 15-75-403
Strength of propane containers
Status: in_force

Each container, except containers designed to operate under refrigerated or cryogenic conditions, where used for the storage or transportation of a liquefied petroleum gas mixture known as propane gas shall be designed and constructed to withstand an internal pressure of not less than two hundred fifty pounds (250 lbs.) per square inch. Acts 1965, No. 31, § 16; A.S.A. 1947, § 53-715.

Each container, except containers designed to operate under refrigerated or cryogenic conditions, where used for the storage or transportation of a liquefied petroleum gas mixture known as propane gas shall be designed and constructed to withstand an internal pressure of not less than two hundred fifty pounds (250 lbs.) per square inch.

Acts 1965, No. 31, § 16; A.S.A. 1947, § 53-715.
Ark. Code Ann. § 15-23-101 — AR Code / Title 15 / Chapter 23 / Subchapter 1 / Section 15-23-101
Cache River declared nonnavigable
Status: in_force

The General Assembly approves the declaration of the United States Congress in declaring the Cache River to be nonnavigable. Acts 1917, No. 406, § 1, p. 1884; C. & M. Dig., § 7759; Pope's Dig., § 10151; A.S.A. 1947, § 21-101.

The General Assembly approves the declaration of the United States Congress in declaring the Cache River to be nonnavigable.

Acts 1917, No. 406, § 1, p. 1884; C. & M. Dig., § 7759; Pope's Dig., § 10151; A.S.A. 1947, § 21-101.
Ark. Code Ann. § 15-30-101 — AR Code / Title 15 / Chapter 30 / Subchapter 1 / Section 15-30-101
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Prescribed Burning Act". Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.

This subchapter shall be known and may be cited as the "Arkansas Prescribed Burning Act".

Added by Act 2023, No. 695,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-76-310 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-310
Order requiring unit operation - In general
Status: in_force

(a) The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§ 15-76-311 and 15-76-313 - 15-76-315 shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed and operated as a unit. (b) All orders requiring integration shall be made after notice and hearing and shall be upon just and reasonable terms and conditions and will afford the owner of each tract or interest in the unit the opportunity to recover or receive his or her just and equitable share of brine in the unit. (c) A copy of the order shall be sent or otherwise made available to each owner in the unit. (d) The order shall be effective from the date set by the commission as to and binding upon each person then or thereafter owning an interest in the unit, or in brine produced therefrom or the proceeds thereof. Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.

(a) The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§ 15-76-311 and 15-76-313 - 15-76-315 shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed and operated as a unit.

(b) All orders requiring integration shall be made after notice and hearing and shall be upon just and reasonable terms and conditions and will afford the owner of each tract or interest in the unit the opportunity to recover or receive his or her just and equitable share of brine in the unit.

(c) A copy of the order shall be sent or otherwise made available to each owner in the unit.

(d) The order shall be effective from the date set by the commission as to and binding upon each person then or thereafter owning an interest in the unit, or in brine produced therefrom or the proceeds thereof.

Acts 1979, No. 937, § 6; A.S.A. 1947, § 53-1306.
Ark. Code Ann. § 15-20-501 — AR Code / Title 15 / Chapter 20 / Subchapter 5 / Section 15-20-501
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Natural Heritage Commission; (2) "Director" means the Director of the Arkansas Natural Heritage Commission or his or her appointed agents; and (3) "Natural area" means any real property held by the commission in fee or less than fee interest, along with all appurtenances thereto. Acts 1989, No. 381, § 1; 2005, No. 1962, § 65.

As used in this subchapter:

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

(2) "Director" means the Director of the Arkansas Natural Heritage Commission or his or her appointed agents; and

(3) "Natural area" means any real property held by the commission in fee or less than fee interest, along with all appurtenances thereto.

Acts 1989, No. 381, § 1; 2005, No. 1962, § 65.
Ark. Code Ann. § 15-31-205 — AR Code / Title 15 / Chapter 31 / Subchapter 2 / Section 15-31-205
Disposition of revenues
Status: in_force

All moneys collected under the provisions of this subchapter shall be deposited with the State Forester and shall be used by him or her in carrying out the provisions of this subchapter. Acts 1947, No. 163, § 3; A.S.A. 1947, § 9-719.

All moneys collected under the provisions of this subchapter shall be deposited with the State Forester and shall be used by him or her in carrying out the provisions of this subchapter.

Acts 1947, No. 163, § 3; A.S.A. 1947, § 9-719.
Ark. Code Ann. § 15-20-1305 — AR Code / Title 15 / Chapter 20 / Subchapter 13 / Section 15-20-1305
Purpose of bonds
Status: in_force

Bonds issued under this subchapter shall be issued to finance on a temporary or permanent basis or to refinance and develop one (1) or more projects, and the proceeds of the bonds shall be applied to the payment of project costs and the costs and expenses of issuance of the bonds, or in connection with a project refinancing, the repayment of indebtedness incurred to pay project costs, or for refunding of bonds as provided in § 15-20-1313 . Acts 2007, No. 631, § 1.

Bonds issued under this subchapter shall be issued to finance on a temporary or permanent basis or to refinance and develop one (1) or more projects, and the proceeds of the bonds shall be applied to the payment of project costs and the costs and expenses of issuance of the bonds, or in connection with a project refinancing, the repayment of indebtedness incurred to pay project costs, or for refunding of bonds as provided in § 15-20-1313 .

Acts 2007, No. 631, § 1.
Ark. Code Ann. § 15-4-1022 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1022
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 22; A.S.A. 1947, § 67-1648; Acts 2003, No. 860, § 8.

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

Acts 1985, No. 410, § 22; A.S.A. 1947, § 67-1648; Acts 2003, No. 860, § 8.
Ark. Code Ann. § 15-22-512 — AR Code / Title 15 / Chapter 22 / Subchapter 5 / Section 15-22-512
Tax exemptions for commission property
Status: in_force

All of the property controlled and operated by the Arkansas Natural Resources Commission shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state. Acts 1969, No. 217, § 13; A.S.A. 1947, § 21-1328; Acts 2003, No. 598, § 3.

All of the property controlled and operated by the Arkansas Natural Resources Commission shall be exempt from taxation by the State of Arkansas or by any municipal corporation, county, or other political subdivision or taxing district of the state.

Acts 1969, No. 217, § 13; A.S.A. 1947, § 21-1328; Acts 2003, No. 598, § 3.
Ark. Code Ann. § 15-74-709 — AR Code / Title 15 / Chapter 74 / Subchapter 7 / Section 15-74-709
Default or delinquency by lessees or others responsible for payment of royalties
Status: in_force

(a) (1) The Oil and Gas Commission is hereby authorized to receive and investigate complaints of oil and gas royalty owners that their lessees or others responsible for the payment of royalty are in default of their lease agreements, orders of the commission, or the requirements of law with respect thereto, and to conduct hearings thereon pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) After any such hearing, the commission may order the party or parties found responsible for the default that has resulted in the nonpayment or untimely or insufficient payment of royalty, herein called "delinquency", to pay to such owner within such time as the commission deems just and equitable the amount of the delinquency together with the amount of interest to which such owner is found by the commission to be entitled under § 15-74-601 et seq. plus, as a penalty, an additional amount equal to the sum of those amounts, but which penalty shall not exceed one hundred thousand dollars ($100,000). (b) (1) Where the amount of the penalty awarded under subsection (a) of this section is less than twenty-five thousand dollars ($25,000), the commission may levy, in addition thereto, a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) less the penalty awarded under subsection (a). (2) Any such additional penalty awarded under this subsection shall be paid into the general fund of the commission. (3) The combined amount of penalties awarded under subsection (a) of this section and this subsection shall not exceed one hundred thousand dollars ($100,000) per claim. (c) (1) Pending compliance with any order issued hereunder, the commission may order the operator of the well or wells from which the delinquency arose to suspend payment of all eight-eighths (8/8) of the revenue therefrom allocable to the party or entity responsible for compliance with such order. Where the revenue is being paid by the purchaser directly to such person or entity, the commission may order that it be suspended by the purchaser. (2) The commission may order that all or any part of funds ordered to be suspended hereunder be applied to the payment of the delinquency, interest, and penalties. (d) In aid of its investigation of claimed delinquencies, the commission may require the operators of the wells from which the royalty is derived to furnish the commission or its investigator any relevant information pertaining to such well or wells that is in its possession. (e) The person or entity ordered to appear at a hearing held pursuant hereto shall have the right to join, as third party respondents, any parties to whom the oil or gas that is the subject of the hearing was sold and, upon a finding that such third party respondent, without justification, has caused or contributed to a delinquency, such party may be required to pay all or some part of the amounts ordered hereunder to be paid. Acts 1991, No. 166, § 1.

(a) (1) The Oil and Gas Commission is hereby authorized to receive and investigate complaints of oil and gas royalty owners that their lessees or others responsible for the payment of royalty are in default of their lease agreements, orders of the commission, or the requirements of law with respect thereto, and to conduct hearings thereon pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (2) After any such hearing, the commission may order the party or parties found responsible for the default that has resulted in the nonpayment or untimely or insufficient payment of royalty, herein called "delinquency", to pay to such owner within such time as the commission deems just and equitable the amount of the delinquency together with the amount of interest to which such owner is found by the commission to be entitled under § 15-74-601 et seq. plus, as a penalty, an additional amount equal to the sum of those amounts, but which penalty shall not exceed one hundred thousand dollars ($100,000).

(1) The Oil and Gas Commission is hereby authorized to receive and investigate complaints of oil and gas royalty owners that their lessees or others responsible for the payment of royalty are in default of their lease agreements, orders of the commission, or the requirements of law with respect thereto, and to conduct hearings thereon pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(2) After any such hearing, the commission may order the party or parties found responsible for the default that has resulted in the nonpayment or untimely or insufficient payment of royalty, herein called "delinquency", to pay to such owner within such time as the commission deems just and equitable the amount of the delinquency together with the amount of interest to which such owner is found by the commission to be entitled under § 15-74-601 et seq. plus, as a penalty, an additional amount equal to the sum of those amounts, but which penalty shall not exceed one hundred thousand dollars ($100,000).

(b) (1) Where the amount of the penalty awarded under subsection (a) of this section is less than twenty-five thousand dollars ($25,000), the commission may levy, in addition thereto, a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) less the penalty awarded under subsection (a). (2) Any such additional penalty awarded under this subsection shall be paid into the general fund of the commission. (3) The combined amount of penalties awarded under subsection (a) of this section and this subsection shall not exceed one hundred thousand dollars ($100,000) per claim.

(1) Where the amount of the penalty awarded under subsection (a) of this section is less than twenty-five thousand dollars ($25,000), the commission may levy, in addition thereto, a civil penalty in an amount not to exceed twenty-five thousand dollars ($25,000) less the penalty awarded under subsection (a).

(2) Any such additional penalty awarded under this subsection shall be paid into the general fund of the commission.

(3) The combined amount of penalties awarded under subsection (a) of this section and this subsection shall not exceed one hundred thousand dollars ($100,000) per claim.

(c) (1) Pending compliance with any order issued hereunder, the commission may order the operator of the well or wells from which the delinquency arose to suspend payment of all eight-eighths (8/8) of the revenue therefrom allocable to the party or entity responsible for compliance with such order. Where the revenue is being paid by the purchaser directly to such person or entity, the commission may order that it be suspended by the purchaser. (2) The commission may order that all or any part of funds ordered to be suspended hereunder be applied to the payment of the delinquency, interest, and penalties.

(1) Pending compliance with any order issued hereunder, the commission may order the operator of the well or wells from which the delinquency arose to suspend payment of all eight-eighths (8/8) of the revenue therefrom allocable to the party or entity responsible for compliance with such order. Where the revenue is being paid by the purchaser directly to such person or entity, the commission may order that it be suspended by the purchaser.

(2) The commission may order that all or any part of funds ordered to be suspended hereunder be applied to the payment of the delinquency, interest, and penalties.

(d) In aid of its investigation of claimed delinquencies, the commission may require the operators of the wells from which the royalty is derived to furnish the commission or its investigator any relevant information pertaining to such well or wells that is in its possession.

(e) The person or entity ordered to appear at a hearing held pursuant hereto shall have the right to join, as third party respondents, any parties to whom the oil or gas that is the subject of the hearing was sold and, upon a finding that such third party respondent, without justification, has caused or contributed to a delinquency, such party may be required to pay all or some part of the amounts ordered hereunder to be paid.

Acts 1991, No. 166, § 1.
Ark. Code Ann. § 15-32-201 — AR Code / Title 15 / Chapter 32 / Subchapter 2 / Section 15-32-201
County surveyor to act as timber inspector
Status: in_force

The county surveyors of each county of the State of Arkansas shall be ex officio timber inspectors for their respective counties and shall discharge the duties and receive the fees herein provided. Acts 1883, No. 83, § 9, p. 140; 1901, No. 130, § 1, p. 202; C. & M. Dig., § 6985; Pope's Dig., § 8965; A.S.A. 1947, § 54-101.

The county surveyors of each county of the State of Arkansas shall be ex officio timber inspectors for their respective counties and shall discharge the duties and receive the fees herein provided.

Acts 1883, No. 83, § 9, p. 140; 1901, No. 130, § 1, p. 202; C. & M. Dig., § 6985; Pope's Dig., § 8965; A.S.A. 1947, § 54-101.
Ark. Code Ann. § 15-31-102 — AR Code / Title 15 / Chapter 31 / Subchapter 1 / Section 15-31-102
Members - Definition
Status: in_force

(a) (1) The Arkansas Forestry Commission shall consist of nine (9) members to be appointed by the Governor by and with the advice and consent of the Senate. (2) One (1) nonvoting member of the commission shall be nominated by the Provost of the University of Arkansas at Monticello from the faculty or staff of the College of Forestry, Agriculture, and Natural Resources at the University of Arkansas Monticello to be appointed by the Governor. (b) The term of office shall commence on January 15 following the expiration date of the prior term and shall end on January 14 of the fifth year following the year in which the term commenced. (c) Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor. (d) Before entering upon their respective duties, each member of the commission shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter. (e) Members of the commission shall not receive compensation for their services but may receive expense reimbursement in accordance with § 25-16-901 et seq. (f) (1) (A) Three (3) of the members appointed to the commission by the Governor shall be small tree farmers. (B) As used in this section, "small tree farmer" means a person owning timber acreage of two hundred fifty (250) acres or less. (2) At least three (3) members of the commission shall be foresters registered under § 17-31-101 et seq. (3) Each congressional district shall be represented on the commission. (g) (1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under § 17-31-101 et seq. (2) The registered forester members of the commission designated under subdivision (f)(2) of this section shall be members of the committee. (3) The Chair of the Arkansas Forestry Commission may also designate other Arkansas-registered foresters to serve on the committee on an ad hoc basis. Amended by Act 2023, No. 691,§ 69, eff. 7/1/2023. Amended by Act 2023, No. 691,§ 68, eff. 7/1/2023. Amended by Act 2023, No. 794,§ 22, eff. 4/12/2023. Acts 1953, No. 42, §§ 1-3, 6; 1955, No. 99, § 1; 1959, No. 232, § 1; A.S.A. 1947, §§ 9-701.1 -- 9-701.3, 9-701.6; Acts 1997, No. 250, § 110; 1999, No. 27, § 2.

(a) (1) The Arkansas Forestry Commission shall consist of nine (9) members to be appointed by the Governor by and with the advice and consent of the Senate. (2) One (1) nonvoting member of the commission shall be nominated by the Provost of the University of Arkansas at Monticello from the faculty or staff of the College of Forestry, Agriculture, and Natural Resources at the University of Arkansas Monticello to be appointed by the Governor.

(1) The Arkansas Forestry Commission shall consist of nine (9) members to be appointed by the Governor by and with the advice and consent of the Senate.

(2) One (1) nonvoting member of the commission shall be nominated by the Provost of the University of Arkansas at Monticello from the faculty or staff of the College of Forestry, Agriculture, and Natural Resources at the University of Arkansas Monticello to be appointed by the Governor.

(b) The term of office shall commence on January 15 following the expiration date of the prior term and shall end on January 14 of the fifth year following the year in which the term commenced.

(c) Any vacancies arising in the membership of the commission for any reason other than expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor.

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

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

(f) (1) (A) Three (3) of the members appointed to the commission by the Governor shall be small tree farmers. (B) As used in this section, "small tree farmer" means a person owning timber acreage of two hundred fifty (250) acres or less. (2) At least three (3) members of the commission shall be foresters registered under § 17-31-101 et seq. (3) Each congressional district shall be represented on the commission.

(1) (A) Three (3) of the members appointed to the commission by the Governor shall be small tree farmers. (B) As used in this section, "small tree farmer" means a person owning timber acreage of two hundred fifty (250) acres or less.

(A) Three (3) of the members appointed to the commission by the Governor shall be small tree farmers.

(B) As used in this section, "small tree farmer" means a person owning timber acreage of two hundred fifty (250) acres or less.

(2) At least three (3) members of the commission shall be foresters registered under § 17-31-101 et seq.

(3) Each congressional district shall be represented on the commission.

(g) (1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under § 17-31-101 et seq. (2) The registered forester members of the commission designated under subdivision (f)(2) of this section shall be members of the committee. (3) The Chair of the Arkansas Forestry Commission may also designate other Arkansas-registered foresters to serve on the committee on an ad hoc basis.

(1) The commission shall create a committee to make recommendations to the commission, including without limitation recommendations regarding: (A) Rulemaking; (B) Disciplinary issues; (C) Ethical complaints; and (D) Evaluation of applications under § 17-31-101 et seq.

(A) Rulemaking;

(B) Disciplinary issues;

(C) Ethical complaints; and

(D) Evaluation of applications under § 17-31-101 et seq.

(2) The registered forester members of the commission designated under subdivision (f)(2) of this section shall be members of the committee.

(3) The Chair of the Arkansas Forestry Commission may also designate other Arkansas-registered foresters to serve on the committee on an ad hoc basis.

Amended by Act 2023, No. 691,§ 69, eff. 7/1/2023.

Amended by Act 2023, No. 691,§ 68, eff. 7/1/2023.

Amended by Act 2023, No. 794,§ 22, eff. 4/12/2023.

Acts 1953, No. 42, §§ 1-3, 6; 1955, No. 99, § 1; 1959, No. 232, § 1; A.S.A. 1947, §§ 9-701.1 -- 9-701.3, 9-701.6; Acts 1997, No. 250, § 110; 1999, No. 27, § 2.
Ark. Code Ann. § 15-4-1804 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1804
Application - Contents
Status: in_force

(a) All applications for state assistance under this subchapter shall be in writing and shall describe: (1) The eligible facility; (2) The financing thereof; (3) The estimated number of people to be employed at the eligible facility; (4) The estimated additional state income tax revenues to be derived as a result of the expenditures; (5) The expected expense, if any, to the state; and (6) Any other matters prescribed by the State Board of Finance. (b) Upon receipt of an application for state assistance, the board shall proceed promptly to review it and shall notify the applicant of any additional information needed for a proper evaluation of the application. Acts 1993, No. 1165, §§ 4, 5.

(a) All applications for state assistance under this subchapter shall be in writing and shall describe: (1) The eligible facility; (2) The financing thereof; (3) The estimated number of people to be employed at the eligible facility; (4) The estimated additional state income tax revenues to be derived as a result of the expenditures; (5) The expected expense, if any, to the state; and (6) Any other matters prescribed by the State Board of Finance.

(1) The eligible facility;

(2) The financing thereof;

(3) The estimated number of people to be employed at the eligible facility;

(4) The estimated additional state income tax revenues to be derived as a result of the expenditures;

(5) The expected expense, if any, to the state; and

(6) Any other matters prescribed by the State Board of Finance.

(b) Upon receipt of an application for state assistance, the board shall proceed promptly to review it and shall notify the applicant of any additional information needed for a proper evaluation of the application.

Acts 1993, No. 1165, §§ 4, 5.
Ark. Code Ann. § 15-4-2012 — AR Code / Title 15 / Chapter 4 / Subchapter 20 / Section 15-4-2012
Tax credit
Status: in_force

(a) (1) After receiving both an application for a tax incentive for a tax credit under this subchapter and a proof of performance expenditure report from the Film Office, the Revenue Division of the Department of Finance and Administration shall: (A) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state; (B) Calculate the amount of the tax credits to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and (C) Within one hundred twenty (120) days after receiving the expenditure report from the Film Office, certify to the Secretary of the Department of Finance and Administration the amount of the tax credit that may be claimed by the production company. (2) The secretary, within ten (10) business days after the receipt of the certification from the division, shall instruct the division to issue the tax credit in the amount certified. (3) Tax credits under this subchapter: (A) Shall be issued promptly after the division completes its review under subdivision (a)(1) of this section; (B) Are allowed as a credit against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.; (C) Are not refundable; and (D) May be carried forward in part or in whole for five (5) consecutive taxable years to apply against the taxpayer's income taxes due. (b) (1) The Arkansas Economic Development Commission shall not approve tax credits under this subchapter for more than four million dollars ($4,000,000) in any one (1) fiscal year. (2) The division shall not issue tax credits in excess of the amount approved by the commission in the financial incentive agreement. Amended by Act 2023, No. 204,§ 9, eff. 8/1/2023. Added by Act 2021, No. 797,§ 11, eff. 7/28/2021.

(a) (1) After receiving both an application for a tax incentive for a tax credit under this subchapter and a proof of performance expenditure report from the Film Office, the Revenue Division of the Department of Finance and Administration shall: (A) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state; (B) Calculate the amount of the tax credits to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and (C) Within one hundred twenty (120) days after receiving the expenditure report from the Film Office, certify to the Secretary of the Department of Finance and Administration the amount of the tax credit that may be claimed by the production company. (2) The secretary, within ten (10) business days after the receipt of the certification from the division, shall instruct the division to issue the tax credit in the amount certified. (3) Tax credits under this subchapter: (A) Shall be issued promptly after the division completes its review under subdivision (a)(1) of this section; (B) Are allowed as a credit against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.; (C) Are not refundable; and (D) May be carried forward in part or in whole for five (5) consecutive taxable years to apply against the taxpayer's income taxes due.

(1) After receiving both an application for a tax incentive for a tax credit under this subchapter and a proof of performance expenditure report from the Film Office, the Revenue Division of the Department of Finance and Administration shall: (A) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state; (B) Calculate the amount of the tax credits to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and (C) Within one hundred twenty (120) days after receiving the expenditure report from the Film Office, certify to the Secretary of the Department of Finance and Administration the amount of the tax credit that may be claimed by the production company.

(A) Calculate the total expenditures of the relevant production company for which there are documented receipts for funds expended in the state;

(B) Calculate the amount of the tax credits to which the applicant is entitled, subject to any conditions of the approved financial incentive agreement; and

(C) Within one hundred twenty (120) days after receiving the expenditure report from the Film Office, certify to the Secretary of the Department of Finance and Administration the amount of the tax credit that may be claimed by the production company.

(2) The secretary, within ten (10) business days after the receipt of the certification from the division, shall instruct the division to issue the tax credit in the amount certified.

(3) Tax credits under this subchapter: (A) Shall be issued promptly after the division completes its review under subdivision (a)(1) of this section; (B) Are allowed as a credit against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.; (C) Are not refundable; and (D) May be carried forward in part or in whole for five (5) consecutive taxable years to apply against the taxpayer's income taxes due.

(A) Shall be issued promptly after the division completes its review under subdivision (a)(1) of this section;

(B) Are allowed as a credit against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.;

(C) Are not refundable; and

(D) May be carried forward in part or in whole for five (5) consecutive taxable years to apply against the taxpayer's income taxes due.

(b) (1) The Arkansas Economic Development Commission shall not approve tax credits under this subchapter for more than four million dollars ($4,000,000) in any one (1) fiscal year. (2) The division shall not issue tax credits in excess of the amount approved by the commission in the financial incentive agreement.

(1) The Arkansas Economic Development Commission shall not approve tax credits under this subchapter for more than four million dollars ($4,000,000) in any one (1) fiscal year.

(2) The division shall not issue tax credits in excess of the amount approved by the commission in the financial incentive agreement.

Amended by Act 2023, No. 204,§ 9, eff. 8/1/2023.

Added by Act 2021, No. 797,§ 11, eff. 7/28/2021.
Ark. Code Ann. § 15-20-210 — AR Code / Title 15 / Chapter 20 / Subchapter 2 / Section 15-20-210
Underground aquifers
Status: in_force

It is found and determined by the General Assembly that: (1) The Sparta Aquifer is being depleted and damaged by salt water instrusion; (2) The preservation and protection of the Sparta Aquifer can best be accomplished through an interstate compact; (3) The Arkansas Natural Resources Commission is currently authorized to enter into interstate compacts to protect interstate waters occurring in streams, lakes, reservoirs, and natural or artificial channels or impoundments; and (4) The commission's authority should be expanded to allow it to enter into interstate compacts for the protection of underground aquifers. Acts 1997, No. 237, § 1

It is found and determined by the General Assembly that:

(1) The Sparta Aquifer is being depleted and damaged by salt water instrusion;

(2) The preservation and protection of the Sparta Aquifer can best be accomplished through an interstate compact;

(3) The Arkansas Natural Resources Commission is currently authorized to enter into interstate compacts to protect interstate waters occurring in streams, lakes, reservoirs, and natural or artificial channels or impoundments; and

(4) The commission's authority should be expanded to allow it to enter into interstate compacts for the protection of underground aquifers.

Acts 1997, No. 237, § 1
Ark. Code Ann. § 15-4-3221 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3221
Monitoring and reporting
Status: in_force

(a) The Arkansas Economic Development Commission shall require audits of all accounts related to construction, operation, or maintenance of any qualified Amendment 82 project funded by this subchapter. (b) The Arkansas Economic Development Commission is responsible for monitoring and reporting to the Arkansas Development Finance Authority, the Governor, and the General Assembly on the ongoing economic impact of the project and the sponsor's progress in meeting the terms and conditions under the Amendment 82 agreement and this subchapter. (c) The Arkansas Economic Development Commission and the authority, as applicable, shall require the sponsor to comply with all reporting and auditing requirements of the United States Securities and Exchange Commission or other state or federal regulatory agency that may have jurisdiction over the sponsor. Acts 2005, No. 1981, § 1; 2011, No. 1047, § 6.

(a) The Arkansas Economic Development Commission shall require audits of all accounts related to construction, operation, or maintenance of any qualified Amendment 82 project funded by this subchapter.

(b) The Arkansas Economic Development Commission is responsible for monitoring and reporting to the Arkansas Development Finance Authority, the Governor, and the General Assembly on the ongoing economic impact of the project and the sponsor's progress in meeting the terms and conditions under the Amendment 82 agreement and this subchapter.

(c) The Arkansas Economic Development Commission and the authority, as applicable, shall require the sponsor to comply with all reporting and auditing requirements of the United States Securities and Exchange Commission or other state or federal regulatory agency that may have jurisdiction over the sponsor.

Acts 2005, No. 1981, § 1; 2011, No. 1047, § 6.
Ark. Code Ann. § 15-56-303 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-303
Parties in interest - Right to appear or intervene
Status: in_force

Any persons having or claiming an interest in mineral lands in fee, or in any segregated mineral rights, not made a party in the petition may appear and unite or intervene in the cause. Acts 1937, No. 220, § 4; Pope's Dig., § 11198; Acts 1963, No. 85, § 4; A.S.A. 1947, § 52-204.

Any persons having or claiming an interest in mineral lands in fee, or in any segregated mineral rights, not made a party in the petition may appear and unite or intervene in the cause.

Acts 1937, No. 220, § 4; Pope's Dig., § 11198; Acts 1963, No. 85, § 4; A.S.A. 1947, § 52-204.
Ark. Code Ann. § 15-4-1227 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1227
Dissolution of company
Status: in_force

(a) Any company organized under this subchapter, after the payment in full and cancellation of all its notes, bonds, and other obligations issued under the provisions of this subchapter or after the deposit in trust with the respective trustees designated in any deeds of trust given to secure the payment of any such obligations of a sum of money sufficient for the purpose, may dissolve by a vote of a majority of the common stock of a corporation or by a vote of a majority of the units of interest of a limited liability company, represented in person or by proxy, at any regular meeting or at any special meeting of the holders of the common stock of a corporation or the holders of the units of interest of a limited liability company called for that purpose. (b) A certificate of dissolution shall be signed by the chief executive officer and attested by the chief financial officer certifying to the dissolution and stating that they have been authorized to execute and file the certificate by a vote cast in person or by proxy by holders of a majority of the common stock of a corporation or by holders of a majority of the units of interest of a limited liability company. (c) The certificate of dissolution shall be executed, acknowledged, and filed and recorded in the same manner as the original articles of incorporation or articles of organization, and as soon as the Bank Commissioner shall have accepted and endorsed on the certificate of dissolution his or her approval thereof, the company shall be deemed to be dissolved. (d) (1) However, the company shall be continued for the purposes of: (A) Paying, satisfying, and discharging any other existing liabilities or obligations; (B) Collecting or liquidating its assets; and (C) Doing all other acts required to adjust and conclude its business and affairs. (2) The company may sue and be sued in its corporate or limited liability company name. (e) Any assets remaining after all liabilities or other obligations of the company have been satisfied or discharged shall be distributed pro rata first among the then-holders, if any, of any stock of a corporation or the then-holders, if any, of any units of interest of a limited liability company entitled to a preference, and the remaining assets of the company shall then be distributed pro rata among the then-holders of the common stock of a corporation or among the then-holders of the units of interest of a limited liability company not entitled to any such preferences. (f) A copy of the certificate of dissolution as accepted and endorsed by the commissioner, as prescribed in subsection (c) of this section, shall be filed for recordation in the office of the county clerk in the county in which the principal office of the company is located, and a copy shall be delivered to the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 3396, eff. 7/1/2019. Acts 1991, No. 1029, § 15; 1999, No. 37, § 26.

(a) Any company organized under this subchapter, after the payment in full and cancellation of all its notes, bonds, and other obligations issued under the provisions of this subchapter or after the deposit in trust with the respective trustees designated in any deeds of trust given to secure the payment of any such obligations of a sum of money sufficient for the purpose, may dissolve by a vote of a majority of the common stock of a corporation or by a vote of a majority of the units of interest of a limited liability company, represented in person or by proxy, at any regular meeting or at any special meeting of the holders of the common stock of a corporation or the holders of the units of interest of a limited liability company called for that purpose.

(b) A certificate of dissolution shall be signed by the chief executive officer and attested by the chief financial officer certifying to the dissolution and stating that they have been authorized to execute and file the certificate by a vote cast in person or by proxy by holders of a majority of the common stock of a corporation or by holders of a majority of the units of interest of a limited liability company.

(c) The certificate of dissolution shall be executed, acknowledged, and filed and recorded in the same manner as the original articles of incorporation or articles of organization, and as soon as the Bank Commissioner shall have accepted and endorsed on the certificate of dissolution his or her approval thereof, the company shall be deemed to be dissolved.

(d) (1) However, the company shall be continued for the purposes of: (A) Paying, satisfying, and discharging any other existing liabilities or obligations; (B) Collecting or liquidating its assets; and (C) Doing all other acts required to adjust and conclude its business and affairs. (2) The company may sue and be sued in its corporate or limited liability company name.

(1) However, the company shall be continued for the purposes of: (A) Paying, satisfying, and discharging any other existing liabilities or obligations; (B) Collecting or liquidating its assets; and (C) Doing all other acts required to adjust and conclude its business and affairs.

(A) Paying, satisfying, and discharging any other existing liabilities or obligations;

(B) Collecting or liquidating its assets; and

(C) Doing all other acts required to adjust and conclude its business and affairs.

(2) The company may sue and be sued in its corporate or limited liability company name.

(e) Any assets remaining after all liabilities or other obligations of the company have been satisfied or discharged shall be distributed pro rata first among the then-holders, if any, of any stock of a corporation or the then-holders, if any, of any units of interest of a limited liability company entitled to a preference, and the remaining assets of the company shall then be distributed pro rata among the then-holders of the common stock of a corporation or among the then-holders of the units of interest of a limited liability company not entitled to any such preferences.

(f) A copy of the certificate of dissolution as accepted and endorsed by the commissioner, as prescribed in subsection (c) of this section, shall be filed for recordation in the office of the county clerk in the county in which the principal office of the company is located, and a copy shall be delivered to the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 3396, eff. 7/1/2019.

Acts 1991, No. 1029, § 15; 1999, No. 37, § 26.
Ark. Code Ann. § 15-23-806 — AR Code / Title 15 / Chapter 23 / Subchapter 8 / Section 15-23-806
Ouachita River Waterways Project Trust Fund
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Ouachita River Waterways Project Trust Fund". (b) This fund shall consist of those moneys approved by the General Assembly and the interest income earned from the investment of funds accruing to the fund. (c) (1) The fund may be used for such purposes as may be authorized by law, including, but not limited to, wildlife and recreation purposes and bank stabilization. (2) The funds shall not be used for bend cuts or bend widenings. (d) (1) Investment of the funds available shall be by the Treasurer of State in such amounts and in such manner as may be directed by the Ouachita River Commission. (2) In no event, however, shall the funds be invested for longer than a continuous two-year period. Acts 1999, No. 1532, § 6.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Ouachita River Waterways Project Trust Fund".

(b) This fund shall consist of those moneys approved by the General Assembly and the interest income earned from the investment of funds accruing to the fund.

(c) (1) The fund may be used for such purposes as may be authorized by law, including, but not limited to, wildlife and recreation purposes and bank stabilization. (2) The funds shall not be used for bend cuts or bend widenings.

(1) The fund may be used for such purposes as may be authorized by law, including, but not limited to, wildlife and recreation purposes and bank stabilization.

(2) The funds shall not be used for bend cuts or bend widenings.

(d) (1) Investment of the funds available shall be by the Treasurer of State in such amounts and in such manner as may be directed by the Ouachita River Commission. (2) In no event, however, shall the funds be invested for longer than a continuous two-year period.

(1) Investment of the funds available shall be by the Treasurer of State in such amounts and in such manner as may be directed by the Ouachita River Commission.

(2) In no event, however, shall the funds be invested for longer than a continuous two-year period.

Acts 1999, No. 1532, § 6.
Ark. Code Ann. § 15-4-3022 — AR Code / Title 15 / Chapter 4 / Subchapter 30 / Section 15-4-3022
Legal actions heard as preferred cause - Appeals
Status: in_force

Any case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in the cases must be taken within thirty (30) calendar days after rendition of the judgment or decree. Acts 2003, No. 1751, § 22.

Any case involving the validity of this subchapter or involving the bonds issued under this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in the cases must be taken within thirty (30) calendar days after rendition of the judgment or decree.

Acts 2003, No. 1751, § 22.
Ark. Code Ann. § 15-21-304 — AR Code / Title 15 / Chapter 21 / Subchapter 3 / Section 15-21-304
Land lying in both zones
Status: in_force

When any tract of land to be defined by a single description extends from one (1) into the other of the coordinate zones established by § 15-21-302 , the positions of all points on its boundaries may be referred to either of the two (2) zones, the zone which is used being specifically named in the description. Acts 1991, No. 861, § 4.

When any tract of land to be defined by a single description extends from one (1) into the other of the coordinate zones established by § 15-21-302 , the positions of all points on its boundaries may be referred to either of the two (2) zones, the zone which is used being specifically named in the description.

Acts 1991, No. 861, § 4.
Ark. Code Ann. § 15-4-3220 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3220
Legal actions heard as preferred cause - Appeals
Status: in_force

Any case involving the validity of this subchapter or involving the bonds issued under Arkansas Constitution, Amendment 82, and this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in the cases must be taken within thirty (30) calendar days after rendition of the judgment or decree. Acts 2005, No. 1981, § 1.

Any case involving the validity of this subchapter or involving the bonds issued under Arkansas Constitution, Amendment 82, and this subchapter shall be deemed of public interest and shall be advanced by all courts and heard as a preferred cause, and all appeals from judgments or decrees rendered in the cases must be taken within thirty (30) calendar days after rendition of the judgment or decree.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-58-107 — AR Code / Title 15 / Chapter 58 / Subchapter 1 / Section 15-58-107
Water rights and replacement
Status: in_force

(a) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his or her interest in water resources affected by a surface coal mining operation. (b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation. Acts 1979, No. 134, § 35; A.S.A. 1947, § 52-969.

(a) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, his or her interest in water resources affected by a surface coal mining operation.

(b) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.

Acts 1979, No. 134, § 35; A.S.A. 1947, § 52-969.
Ark. Code Ann. § 15-5-421 — AR Code / Title 15 / Chapter 5 / Subchapter 4 / Section 15-5-421
Bond debt service amount
Status: in_force

(a) The Arkansas Development Finance Authority shall notify the Treasurer of State when it has determined to issue bonds under this subchapter and the amount that will be needed each month after the bonds are issued to provide for the payment, when due, of interest, principal, trustee's and paying agent's fees, and any other necessary expenses, and to provide for the establishing and maintaining of reserves, if the authority determines to establish reserves, which monthly amount is referred to in this section as the "bond debt service amount". (b) Excluding the interest income classified as special revenue as authorized by §§ 15-41-110 and 27-70-204 , interest income derived from investment of state funds pursuant to the State Treasury Management Law, § 19-3-201 et seq. [repealed], received by the Treasurer of State from and after receipt of the bond debt service amount notice from the authority are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter. (c) (1) The cash funds shall not be placed into the State Treasury or be deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. (2) The Treasurer of State shall deposit the cash funds into a depository other than the State Treasury to the credit of the State Board of Finance Trust Fund Account, a trust fund which shall be maintained by the State Board of Finance so long as any bonds authorized by this section and §§ 15-5-414 - 15-5-420 are outstanding. (d) From the moneys deposited into the account, the Secretary of the State Board of Finance shall from the first moneys accruing to the benefit of the account pay to the authority the amounts of money required for the bond debt service amount, when needed, if any, and the remaining moneys shall be paid to the Treasurer of State for deposit into the State Treasury as trust funds income to the credit of the Securities Reserve Fund, there to be used for the purposes as authorized by law. (e) The bond debt service amounts as paid by the secretary to the authority shall be paid directly to the authority for deposit into a special fund of the authority designated the "Guaranty Bond Fund" in a financial institution selected by the authority. (f) Moneys in the Guaranty Bond Fund shall be used to pay interest on, premium, if any, and principal of the bonds, trustee's and paying agent's fees and to establish and maintain reserves all as shall be specified by the authority in the resolution or trust indenture authorizing and securing the bonds. (g) The interest earnings, the bond debt service amount, transferred directly to the authority are declared to be cash funds restricted in their use and dedicated and to be used solely as authorized in this subchapter. (h) So long as any bonds issued under this subsection are unpaid, no changes shall be made in laws of the State of Arkansas which would or could result in the authority not receiving as cash funds amounts of interest equaling the bond debt service amount. Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.

(a) The Arkansas Development Finance Authority shall notify the Treasurer of State when it has determined to issue bonds under this subchapter and the amount that will be needed each month after the bonds are issued to provide for the payment, when due, of interest, principal, trustee's and paying agent's fees, and any other necessary expenses, and to provide for the establishing and maintaining of reserves, if the authority determines to establish reserves, which monthly amount is referred to in this section as the "bond debt service amount".

(b) Excluding the interest income classified as special revenue as authorized by §§ 15-41-110 and 27-70-204 , interest income derived from investment of state funds pursuant to the State Treasury Management Law, § 19-3-201 et seq. [repealed], received by the Treasurer of State from and after receipt of the bond debt service amount notice from the authority are declared to be cash funds restricted in their use and dedicated and are to be used solely as authorized in this subchapter.

(c) (1) The cash funds shall not be placed into the State Treasury or be deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision. (2) The Treasurer of State shall deposit the cash funds into a depository other than the State Treasury to the credit of the State Board of Finance Trust Fund Account, a trust fund which shall be maintained by the State Board of Finance so long as any bonds authorized by this section and §§ 15-5-414 - 15-5-420 are outstanding.

(1) The cash funds shall not be placed into the State Treasury or be deemed to be a part of the State Treasury for purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provision.

(2) The Treasurer of State shall deposit the cash funds into a depository other than the State Treasury to the credit of the State Board of Finance Trust Fund Account, a trust fund which shall be maintained by the State Board of Finance so long as any bonds authorized by this section and §§ 15-5-414 - 15-5-420 are outstanding.

(d) From the moneys deposited into the account, the Secretary of the State Board of Finance shall from the first moneys accruing to the benefit of the account pay to the authority the amounts of money required for the bond debt service amount, when needed, if any, and the remaining moneys shall be paid to the Treasurer of State for deposit into the State Treasury as trust funds income to the credit of the Securities Reserve Fund, there to be used for the purposes as authorized by law.

(e) The bond debt service amounts as paid by the secretary to the authority shall be paid directly to the authority for deposit into a special fund of the authority designated the "Guaranty Bond Fund" in a financial institution selected by the authority.

(f) Moneys in the Guaranty Bond Fund shall be used to pay interest on, premium, if any, and principal of the bonds, trustee's and paying agent's fees and to establish and maintain reserves all as shall be specified by the authority in the resolution or trust indenture authorizing and securing the bonds.

(g) The interest earnings, the bond debt service amount, transferred directly to the authority are declared to be cash funds restricted in their use and dedicated and to be used solely as authorized in this subchapter.

(h) So long as any bonds issued under this subsection are unpaid, no changes shall be made in laws of the State of Arkansas which would or could result in the authority not receiving as cash funds amounts of interest equaling the bond debt service amount.

Acts 1985, No. 340, § 11; 1985, No. 505, § 11; A.S.A. 1947, § 13-2934.
Ark. Code Ann. § 15-55-204 — AR Code / Title 15 / Chapter 55 / Subchapter 2 / Section 15-55-204
State Geologist
Status: in_force

(a) (1) The State Geologist shall be appointed by and serve at the pleasure of the Governor. (2) The State Geologist shall report to the Director of Production and Conservation and the Secretary of the Department of Energy and Environment. (b) The State Geologist shall: (1) Be charged with the duty of administering the provisions of this subchapter, the rules and orders established under this subchapter, performing services requested by the director, and administering specified provisions of Title 15, Chapter 71, and rules and orders established under Title 15, Chapter 71; and (2) Be custodian of all property held in the name of the Office of the State Geologist, and shall be, ex officio, in consultation with the director and the secretary, the disbursing agent of all funds available for its use. (c) The State Geologist may delegate his or her functions, powers, and duties as he or she may deem desirable and necessary for the effective and efficient operation of the office. (d) In addition to other duties and functions prescribed for the State Geologist, he or she shall advise the director, the secretary, the Governor, and the General Assembly, on all geological matters concerning the state. Amended by Act 2023, No. 697,§ 6, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 1153, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3068, eff. 7/1/2019. Acts 1963, No. 16, §§ 8, 9; A.S.A. 1947, §§ 9-400.7, 9-400.8.

(a) (1) The State Geologist shall be appointed by and serve at the pleasure of the Governor. (2) The State Geologist shall report to the Director of Production and Conservation and the Secretary of the Department of Energy and Environment.

(1) The State Geologist shall be appointed by and serve at the pleasure of the Governor.

(2) The State Geologist shall report to the Director of Production and Conservation and the Secretary of the Department of Energy and Environment.

(b) The State Geologist shall: (1) Be charged with the duty of administering the provisions of this subchapter, the rules and orders established under this subchapter, performing services requested by the director, and administering specified provisions of Title 15, Chapter 71, and rules and orders established under Title 15, Chapter 71; and (2) Be custodian of all property held in the name of the Office of the State Geologist, and shall be, ex officio, in consultation with the director and the secretary, the disbursing agent of all funds available for its use.

(1) Be charged with the duty of administering the provisions of this subchapter, the rules and orders established under this subchapter, performing services requested by the director, and administering specified provisions of Title 15, Chapter 71, and rules and orders established under Title 15, Chapter 71; and

(2) Be custodian of all property held in the name of the Office of the State Geologist, and shall be, ex officio, in consultation with the director and the secretary, the disbursing agent of all funds available for its use.

(c) The State Geologist may delegate his or her functions, powers, and duties as he or she may deem desirable and necessary for the effective and efficient operation of the office.

(d) In addition to other duties and functions prescribed for the State Geologist, he or she shall advise the director, the secretary, the Governor, and the General Assembly, on all geological matters concerning the state.

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

Amended by Act 2019, No. 315,§ 1153, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3068, eff. 7/1/2019.

Acts 1963, No. 16, §§ 8, 9; A.S.A. 1947, §§ 9-400.7, 9-400.8.
Ark. Code Ann. § 15-4-3407 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3407
State funding
Status: in_force

(a) (1) Each regional economic development partnership shall enter into an agreement with the Arkansas Economic Development Commission to receive state funds, if available. (2) The agreement under subdivision (a)(1) of this section shall: (A) Be for a term of not longer than one (1) year; and (B) Identify the eligible expenses for which the regional economic development partnership intends to use state funds under § 15-4-3409 . (3) (A) The commission and the regional economic development partnership may enter into subsequent one-year agreements under this section following the commission's review of the annual report required under § 15-4-3411 . (B) If a regional economic development partnership was initially approved as a multiyear project, a one-year renewal may be granted by the commission without the regional economic development partnership submitting an annual application. (b) (1) Each year, the commission shall allocate funds specifically appropriated by the General Assembly or the commission for regional economic development. (2) (A) The funds shall be distributed equally to the qualifying regional economic development partnerships that meet the matching fund requirements under § 15-4-3408 . (B) Funds that are not disbursed under this section during a fiscal year may be distributed in a subsequent fiscal year. Amended by Act 2013, No. 1112,§ 7, eff. 8/16/2013. Acts 2011, No. 895, § 1.

(a) (1) Each regional economic development partnership shall enter into an agreement with the Arkansas Economic Development Commission to receive state funds, if available. (2) The agreement under subdivision (a)(1) of this section shall: (A) Be for a term of not longer than one (1) year; and (B) Identify the eligible expenses for which the regional economic development partnership intends to use state funds under § 15-4-3409 . (3) (A) The commission and the regional economic development partnership may enter into subsequent one-year agreements under this section following the commission's review of the annual report required under § 15-4-3411 . (B) If a regional economic development partnership was initially approved as a multiyear project, a one-year renewal may be granted by the commission without the regional economic development partnership submitting an annual application.

(1) Each regional economic development partnership shall enter into an agreement with the Arkansas Economic Development Commission to receive state funds, if available.

(2) The agreement under subdivision (a)(1) of this section shall: (A) Be for a term of not longer than one (1) year; and (B) Identify the eligible expenses for which the regional economic development partnership intends to use state funds under § 15-4-3409 .

(A) Be for a term of not longer than one (1) year; and

(B) Identify the eligible expenses for which the regional economic development partnership intends to use state funds under § 15-4-3409 .

(3) (A) The commission and the regional economic development partnership may enter into subsequent one-year agreements under this section following the commission's review of the annual report required under § 15-4-3411 . (B) If a regional economic development partnership was initially approved as a multiyear project, a one-year renewal may be granted by the commission without the regional economic development partnership submitting an annual application.

(A) The commission and the regional economic development partnership may enter into subsequent one-year agreements under this section following the commission's review of the annual report required under § 15-4-3411 .

(B) If a regional economic development partnership was initially approved as a multiyear project, a one-year renewal may be granted by the commission without the regional economic development partnership submitting an annual application.

(b) (1) Each year, the commission shall allocate funds specifically appropriated by the General Assembly or the commission for regional economic development. (2) (A) The funds shall be distributed equally to the qualifying regional economic development partnerships that meet the matching fund requirements under § 15-4-3408 . (B) Funds that are not disbursed under this section during a fiscal year may be distributed in a subsequent fiscal year.

(1) Each year, the commission shall allocate funds specifically appropriated by the General Assembly or the commission for regional economic development.

(2) (A) The funds shall be distributed equally to the qualifying regional economic development partnerships that meet the matching fund requirements under § 15-4-3408 . (B) Funds that are not disbursed under this section during a fiscal year may be distributed in a subsequent fiscal year.

(A) The funds shall be distributed equally to the qualifying regional economic development partnerships that meet the matching fund requirements under § 15-4-3408 .

(B) Funds that are not disbursed under this section during a fiscal year may be distributed in a subsequent fiscal year.

Amended by Act 2013, No. 1112,§ 7, eff. 8/16/2013.

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-3-706 — AR Code / Title 15 / Chapter 3 / Subchapter 7 / Section 15-3-706
Application requirements
Status: in_force

(a) To request a matching grant under this subchapter, an applicant shall complete and submit the application forms prescribed by the Division of Science and Technology of the Arkansas Economic Development Commission under § 15-3-704 . (b) An applicant shall submit an application for each federal Phase I and federal Phase II grant proposal for which the applicant is requesting a matching grant. (c) The division shall: (1) Review applications: (A) In order of receipt, as determined by the date and time stamp of receipt; and (B) In accordance with rules promulgated by the division under § 15-3-709 ; (2) Not consider an incomplete or noncompliant application and shall return an incomplete or a noncompliant application without further review; (3) Review each application with the advice and recommendation of the Commercialization Committee of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission; and (4) Provide advice to the Director of the Arkansas Economic Development Commission concerning the applications for matching grants reviewed by the division. (d) (1) Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears. Amended by Act 2019, No. 910,§ 354, eff. 7/1/2019. Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.

(a) To request a matching grant under this subchapter, an applicant shall complete and submit the application forms prescribed by the Division of Science and Technology of the Arkansas Economic Development Commission under § 15-3-704 .

(b) An applicant shall submit an application for each federal Phase I and federal Phase II grant proposal for which the applicant is requesting a matching grant.

(c) The division shall: (1) Review applications: (A) In order of receipt, as determined by the date and time stamp of receipt; and (B) In accordance with rules promulgated by the division under § 15-3-709 ; (2) Not consider an incomplete or noncompliant application and shall return an incomplete or a noncompliant application without further review; (3) Review each application with the advice and recommendation of the Commercialization Committee of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission; and (4) Provide advice to the Director of the Arkansas Economic Development Commission concerning the applications for matching grants reviewed by the division.

(1) Review applications: (A) In order of receipt, as determined by the date and time stamp of receipt; and (B) In accordance with rules promulgated by the division under § 15-3-709 ;

(A) In order of receipt, as determined by the date and time stamp of receipt; and

(B) In accordance with rules promulgated by the division under § 15-3-709 ;

(2) Not consider an incomplete or noncompliant application and shall return an incomplete or a noncompliant application without further review;

(3) Review each application with the advice and recommendation of the Commercialization Committee of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission; and

(4) Provide advice to the Director of the Arkansas Economic Development Commission concerning the applications for matching grants reviewed by the division.

(d) (1) Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears.

(1) Applications submitted to the division are subject to the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) To the extent an applicant believes that information in an application is confidential or otherwise exempt under the Freedom of Information Act of 1967, § 25-19-101 et seq., the applicant shall specifically designate in writing the information the applicant believes to be confidential or exempt and the basis for the confidentiality or exemption on that portion of the application in which the information appears.

Amended by Act 2019, No. 910,§ 354, eff. 7/1/2019.

Added by Act 2017, No. 166,§ 2, eff. 10/1/2017.
Ark. Code Ann. § 15-4-3609 — AR Code / Title 15 / Chapter 4 / Subchapter 36 / Section 15-4-3609
Refundable performance fee
Status: in_force

(a) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall pay a fee in the amount one-half of one percent (0.5%) of the amount of the equity investment or long-term debt security requested to be designated as a qualified equity investment to the Arkansas Economic Development Commission for deposit into the New Markets Performance Guarantee Fund, § 19-5-1254 . (b) The qualified community development entity shall forfeit the fee required under this section if: (1) The qualified community development entity and its subsidiary qualified community development entities fail to: (A) Issue the total amount of qualified equity investments certified by the commission; and (B) Receive cash in the total amount certified under and within the time period stated in § 15-4-3605 ; or (2) (A) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subchapter fails to meet the investment requirement under § 15-4-3607(3) by the second credit allowance date of the qualified equity investment. (B) Forfeiture of the fee under subdivision (b)(2)(A) of this section shall be subject to the six-month cure period established under § 15-4-3608 . (c) (1) The fee required under subsection (a) of this section shall be held in the fund until compliance with the requirements of this section is established. (2) (A) A qualified community development entity may request a refund of the fee from the commission no sooner than thirty (30) days after having met all the requirements of this section. (B) The Treasurer of State shall comply with a request under subdivision (c)(2)(A) of this section or give notice of noncompliance within thirty (30) days of receiving the request. Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.

(a) A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall pay a fee in the amount one-half of one percent (0.5%) of the amount of the equity investment or long-term debt security requested to be designated as a qualified equity investment to the Arkansas Economic Development Commission for deposit into the New Markets Performance Guarantee Fund, § 19-5-1254 .

(b) The qualified community development entity shall forfeit the fee required under this section if: (1) The qualified community development entity and its subsidiary qualified community development entities fail to: (A) Issue the total amount of qualified equity investments certified by the commission; and (B) Receive cash in the total amount certified under and within the time period stated in § 15-4-3605 ; or (2) (A) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subchapter fails to meet the investment requirement under § 15-4-3607(3) by the second credit allowance date of the qualified equity investment. (B) Forfeiture of the fee under subdivision (b)(2)(A) of this section shall be subject to the six-month cure period established under § 15-4-3608 .

(1) The qualified community development entity and its subsidiary qualified community development entities fail to: (A) Issue the total amount of qualified equity investments certified by the commission; and (B) Receive cash in the total amount certified under and within the time period stated in § 15-4-3605 ; or

(A) Issue the total amount of qualified equity investments certified by the commission; and

(B) Receive cash in the total amount certified under and within the time period stated in § 15-4-3605 ; or

(2) (A) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subchapter fails to meet the investment requirement under § 15-4-3607(3) by the second credit allowance date of the qualified equity investment. (B) Forfeiture of the fee under subdivision (b)(2)(A) of this section shall be subject to the six-month cure period established under § 15-4-3608 .

(A) The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subchapter fails to meet the investment requirement under § 15-4-3607(3) by the second credit allowance date of the qualified equity investment.

(B) Forfeiture of the fee under subdivision (b)(2)(A) of this section shall be subject to the six-month cure period established under § 15-4-3608 .

(c) (1) The fee required under subsection (a) of this section shall be held in the fund until compliance with the requirements of this section is established. (2) (A) A qualified community development entity may request a refund of the fee from the commission no sooner than thirty (30) days after having met all the requirements of this section. (B) The Treasurer of State shall comply with a request under subdivision (c)(2)(A) of this section or give notice of noncompliance within thirty (30) days of receiving the request.

(1) The fee required under subsection (a) of this section shall be held in the fund until compliance with the requirements of this section is established.

(2) (A) A qualified community development entity may request a refund of the fee from the commission no sooner than thirty (30) days after having met all the requirements of this section. (B) The Treasurer of State shall comply with a request under subdivision (c)(2)(A) of this section or give notice of noncompliance within thirty (30) days of receiving the request.

(A) A qualified community development entity may request a refund of the fee from the commission no sooner than thirty (30) days after having met all the requirements of this section.

(B) The Treasurer of State shall comply with a request under subdivision (c)(2)(A) of this section or give notice of noncompliance within thirty (30) days of receiving the request.

Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Ark. Code Ann. § 15-4-1608 — AR Code / Title 15 / Chapter 4 / Subchapter 16 / Section 15-4-1608
Verification
Status: in_force

(a) The Department of Finance and Administration shall have the authority to obtain whatever information necessary from participating businesses and from the Division of Workforce Services to verify that businesses which have entered into financial incentive plans with the Arkansas Economic Development Commission are complying with the terms of the financial incentive plans and reporting accurate information concerning the number of employees and their payrolls to the department. (b) The department may promulgate rules necessary for the proper administration of the provisions of this subchapter. Amended by Act 2019, No. 315,§ 1066, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 371, eff. 7/1/2019. Acts 1993, No. 788, § 8; 1993, No. 851, § 8; 1995, No. 590, § 3.

(a) The Department of Finance and Administration shall have the authority to obtain whatever information necessary from participating businesses and from the Division of Workforce Services to verify that businesses which have entered into financial incentive plans with the Arkansas Economic Development Commission are complying with the terms of the financial incentive plans and reporting accurate information concerning the number of employees and their payrolls to the department.

(b) The department may promulgate rules necessary for the proper administration of the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 1066, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 371, eff. 7/1/2019.

Acts 1993, No. 788, § 8; 1993, No. 851, § 8; 1995, No. 590, § 3.
Ark. Code Ann. § 15-4-521 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-521
Sale of obligations
Status: in_force

(a) Obligations of the corporation may be sold at public or private sale as the corporation shall determine. (b) (1) No first lien obligations may be sold for less than par on the basis of interest thereon at the rate of ten percent (10%) per annum. (2) However, any obligation of the corporation may be sold with the privilege of conversion into obligations bearing a lower rate or rates of interest on such terms that the corporation shall receive no less and pay no more than substantially the same that it would have received and paid had no conversion been effected. (c) Any conversion of obligations must be approved by the trustee provided in the deed of trust given to secure the payment of the obligations. (d) No brokerage, agent's fees, or commissions of any kind for securing a purchaser of the bonds shall be allowed. (e) Obligations may be sold and delivered at one (1) time or in parcels as funds are needed. (f) The proceeds derived from the sale of obligations of the corporation shall be used exclusively for the purpose for which issued. Acts 1955, No. 404, §§ 31, 32; 1957, No. 47, §§ 9, 10; 1968 (2nd Ex. Sess.), No. 11, § 5; 1971, No. 210, § 2; A.S.A. 1947, §§ 9-534, 9-535; Acts 1997, No. 339, § 9.

(a) Obligations of the corporation may be sold at public or private sale as the corporation shall determine.

(b) (1) No first lien obligations may be sold for less than par on the basis of interest thereon at the rate of ten percent (10%) per annum. (2) However, any obligation of the corporation may be sold with the privilege of conversion into obligations bearing a lower rate or rates of interest on such terms that the corporation shall receive no less and pay no more than substantially the same that it would have received and paid had no conversion been effected.

(1) No first lien obligations may be sold for less than par on the basis of interest thereon at the rate of ten percent (10%) per annum.

(2) However, any obligation of the corporation may be sold with the privilege of conversion into obligations bearing a lower rate or rates of interest on such terms that the corporation shall receive no less and pay no more than substantially the same that it would have received and paid had no conversion been effected.

(c) Any conversion of obligations must be approved by the trustee provided in the deed of trust given to secure the payment of the obligations.

(d) No brokerage, agent's fees, or commissions of any kind for securing a purchaser of the bonds shall be allowed.

(e) Obligations may be sold and delivered at one (1) time or in parcels as funds are needed.

(f) The proceeds derived from the sale of obligations of the corporation shall be used exclusively for the purpose for which issued.

Acts 1955, No. 404, §§ 31, 32; 1957, No. 47, §§ 9, 10; 1968 (2nd Ex. Sess.), No. 11, § 5; 1971, No. 210, § 2; A.S.A. 1947, §§ 9-534, 9-535; Acts 1997, No. 339, § 9.
Ark. Code Ann. § 15-56-404 — AR Code / Title 15 / Chapter 56 / Subchapter 4 / Section 15-56-404
Court determination
Status: in_force

(a) The court shall consider the petition and may in its absolute discretion require that other persons as it deems proper be made parties to the proceeding. The court may hear testimony to determine whether or not the execution of the lease is advisable. (b) The court shall also determine what part of the bonus consideration paid for the lease; of the delay rentals, if any, accruing thereunder; of the other payments, if any, provided for therein; and of the royalties reserved therein and accruing thereunder, not exceeding one-half (1/2) of the royalties, should be awarded the life tenant as compensation for the lease upon his or her interest in the premises and for the damage to his or her life estate on account of the execution of the lease. Acts 1961, No. 94, § 3; A.S.A. 1947, § 52-217.

(a) The court shall consider the petition and may in its absolute discretion require that other persons as it deems proper be made parties to the proceeding. The court may hear testimony to determine whether or not the execution of the lease is advisable.

(b) The court shall also determine what part of the bonus consideration paid for the lease; of the delay rentals, if any, accruing thereunder; of the other payments, if any, provided for therein; and of the royalties reserved therein and accruing thereunder, not exceeding one-half (1/2) of the royalties, should be awarded the life tenant as compensation for the lease upon his or her interest in the premises and for the damage to his or her life estate on account of the execution of the lease.

Acts 1961, No. 94, § 3; A.S.A. 1947, § 52-217.
Ark. Code Ann. § 15-4-1806 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1806
Application - Determination of eligibility
Status: in_force

(a) After consideration of the application and conclusion of the hearing, the State Board of Finance shall determine whether the facility described in the application is an eligible facility. (b) If the board determines that the facility described in the application is an eligible facility and that the financing of or repayment for such eligible facility through a combination of bonds of the applicant and state assistance under this subchapter is in the best interest of the applicant and the state, the application shall be approved. (c) In determining whether state assistance is in the best interest of the applicant and the state, the board shall consider: (1) The capacity of the applicant to issue bonds to finance the eligible facility; (2) The amount of additional state income tax revenues estimated to be derived from the eligible facility; and (3) The estimated principal and interest requirements for the bonds issued in connection with the eligible facility or amounts necessary to repay the investment by a state agency or political subdivision in the eligible facility. Acts 1993, No. 1165, § 7.

(a) After consideration of the application and conclusion of the hearing, the State Board of Finance shall determine whether the facility described in the application is an eligible facility.

(b) If the board determines that the facility described in the application is an eligible facility and that the financing of or repayment for such eligible facility through a combination of bonds of the applicant and state assistance under this subchapter is in the best interest of the applicant and the state, the application shall be approved.

(c) In determining whether state assistance is in the best interest of the applicant and the state, the board shall consider: (1) The capacity of the applicant to issue bonds to finance the eligible facility; (2) The amount of additional state income tax revenues estimated to be derived from the eligible facility; and (3) The estimated principal and interest requirements for the bonds issued in connection with the eligible facility or amounts necessary to repay the investment by a state agency or political subdivision in the eligible facility.

(1) The capacity of the applicant to issue bonds to finance the eligible facility;

(2) The amount of additional state income tax revenues estimated to be derived from the eligible facility; and

(3) The estimated principal and interest requirements for the bonds issued in connection with the eligible facility or amounts necessary to repay the investment by a state agency or political subdivision in the eligible facility.

Acts 1993, No. 1165, § 7.
Ark. Code Ann. § 15-72-211 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-211
Flambeau lights
Status: in_force

(a) (1) The use of natural gas for illuminating purposes in what are known as "flambeau" lights is a wasteful and extravagant use thereof and is dangerous to the public good, and it shall therefore be unlawful for any company, corporation, or person to use natural gas for illuminating purposes in what are known as flambeau lights in cities, towns, highways, or elsewhere. (2) This shall not be construed as to prohibit the use of the gas in what are known as "jumbo" burners, enclosed in glass globes or lamps, or by the use of other burners of similar character so enclosed as will consume no more gas than jumbo burners. (3) This shall not apply to those engaged in drilling wells while the well is being drilled. (b) A violation of this section shall subject the person so violating it to the penalties and proceedings provided in § 15-72-202 (b) , which is made applicable hereto. Acts 1917, No. 166, § 11, p. 890; C. & M. Dig., § 7309; Pope's Dig., § 9365; A.S.A. 1947, § 53-210.

(a) (1) The use of natural gas for illuminating purposes in what are known as "flambeau" lights is a wasteful and extravagant use thereof and is dangerous to the public good, and it shall therefore be unlawful for any company, corporation, or person to use natural gas for illuminating purposes in what are known as flambeau lights in cities, towns, highways, or elsewhere. (2) This shall not be construed as to prohibit the use of the gas in what are known as "jumbo" burners, enclosed in glass globes or lamps, or by the use of other burners of similar character so enclosed as will consume no more gas than jumbo burners. (3) This shall not apply to those engaged in drilling wells while the well is being drilled.

(1) The use of natural gas for illuminating purposes in what are known as "flambeau" lights is a wasteful and extravagant use thereof and is dangerous to the public good, and it shall therefore be unlawful for any company, corporation, or person to use natural gas for illuminating purposes in what are known as flambeau lights in cities, towns, highways, or elsewhere.

(2) This shall not be construed as to prohibit the use of the gas in what are known as "jumbo" burners, enclosed in glass globes or lamps, or by the use of other burners of similar character so enclosed as will consume no more gas than jumbo burners.

(3) This shall not apply to those engaged in drilling wells while the well is being drilled.

(b) A violation of this section shall subject the person so violating it to the penalties and proceedings provided in § 15-72-202 (b) , which is made applicable hereto.

Acts 1917, No. 166, § 11, p. 890; C. & M. Dig., § 7309; Pope's Dig., § 9365; A.S.A. 1947, § 53-210.
Ark. Code Ann. § 15-5-603 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-603
Aggregate percentages allocated
Status: in_force

(a) The aggregate of the state ceiling for the State of Arkansas for each calendar year shall be allocated on a percentage basis as follows: (1) The Arkansas Development Finance Authority is allocated for calendar year 2001 and for each year thereafter the following amounts for the purposes stated: (A) For multifamily residential housing, ten percent (10%) of the aggregate state ceiling; (B) For single family residential housing, seventeen percent (17%) of the aggregate state ceiling; (C) For industrial development, thirty-three percent (33%) of the aggregate state ceiling; and (D) For student loan financing, ten percent (10%) of the aggregate state ceiling. (2) However, the authority, by resolution of the Board of Directors of the Arkansas Development Finance Authority, may provide that the total amount of seventy percent (70%) of the aggregate state ceiling allocated to the authority for calendar years 2001 and thereafter may be redistributed among the purposes stated in amounts other than those set forth in this subsection. (b) To the extent any amounts of the aggregate state ceiling allocated pursuant to subsection (a) of this section are not used prior to September 1 in any year, these amounts shall be allocated pursuant to subsection (c) of this section. (c) The remaining thirty percent (30%) of the aggregate state ceiling plus any amounts not used by September 1 in each year pursuant to subsection (b) of this section is allocated to all other affected bonds issued by all issuers of such affected bonds within the state, regardless of whether such issuers are at the state level or at the local level, pursuant to rules established by the authority promulgated in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in the amounts set forth in filings made by or on behalf of issuers. Amended by Act 2019, No. 315,§ 1079, eff. 7/24/2019. Amended by Act 2017, No. 824,§ 14, eff. 7/1/2017. Acts 1987, No. 900, § 8; 2001, No. 1044, § 2.

(a) The aggregate of the state ceiling for the State of Arkansas for each calendar year shall be allocated on a percentage basis as follows: (1) The Arkansas Development Finance Authority is allocated for calendar year 2001 and for each year thereafter the following amounts for the purposes stated: (A) For multifamily residential housing, ten percent (10%) of the aggregate state ceiling; (B) For single family residential housing, seventeen percent (17%) of the aggregate state ceiling; (C) For industrial development, thirty-three percent (33%) of the aggregate state ceiling; and (D) For student loan financing, ten percent (10%) of the aggregate state ceiling. (2) However, the authority, by resolution of the Board of Directors of the Arkansas Development Finance Authority, may provide that the total amount of seventy percent (70%) of the aggregate state ceiling allocated to the authority for calendar years 2001 and thereafter may be redistributed among the purposes stated in amounts other than those set forth in this subsection.

(1) The Arkansas Development Finance Authority is allocated for calendar year 2001 and for each year thereafter the following amounts for the purposes stated: (A) For multifamily residential housing, ten percent (10%) of the aggregate state ceiling; (B) For single family residential housing, seventeen percent (17%) of the aggregate state ceiling; (C) For industrial development, thirty-three percent (33%) of the aggregate state ceiling; and (D) For student loan financing, ten percent (10%) of the aggregate state ceiling.

(A) For multifamily residential housing, ten percent (10%) of the aggregate state ceiling;

(B) For single family residential housing, seventeen percent (17%) of the aggregate state ceiling;

(C) For industrial development, thirty-three percent (33%) of the aggregate state ceiling; and

(D) For student loan financing, ten percent (10%) of the aggregate state ceiling.

(2) However, the authority, by resolution of the Board of Directors of the Arkansas Development Finance Authority, may provide that the total amount of seventy percent (70%) of the aggregate state ceiling allocated to the authority for calendar years 2001 and thereafter may be redistributed among the purposes stated in amounts other than those set forth in this subsection.

(b) To the extent any amounts of the aggregate state ceiling allocated pursuant to subsection (a) of this section are not used prior to September 1 in any year, these amounts shall be allocated pursuant to subsection (c) of this section.

(c) The remaining thirty percent (30%) of the aggregate state ceiling plus any amounts not used by September 1 in each year pursuant to subsection (b) of this section is allocated to all other affected bonds issued by all issuers of such affected bonds within the state, regardless of whether such issuers are at the state level or at the local level, pursuant to rules established by the authority promulgated in compliance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., in the amounts set forth in filings made by or on behalf of issuers.

Amended by Act 2019, No. 315,§ 1079, eff. 7/24/2019.

Amended by Act 2017, No. 824,§ 14, eff. 7/1/2017.

Acts 1987, No. 900, § 8; 2001, No. 1044, § 2.
Ark. Code Ann. § 15-20-309 — AR Code / Title 15 / Chapter 20 / Subchapter 3 / Section 15-20-309
Commission - Power to receive gifts of property and to acquire real estate for trade or exchange
Status: in_force

The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties in addition to those already established by law: (1) (A) To receive gifts, grants, donations, fee conveyances, or transfers of money and property, both real and personal, from private and public sources, or federal, or either, and to sell or dispose of such property, real and personal, or either, as the commission deems advisable. (B) Any funds and income from any property described in subdivision (1)(A) of this section shall be deposited into the State Treasury into the Department of Arkansas Heritage Endowment Trust Fund and expended in the same manner as other state moneys are expended upon vouchers drawn by the Director of the Arkansas Natural Heritage Commission; and (2) (A) With the advice and consent of the Legislative Council and the Governor, to acquire, by purchase or otherwise, real property for the purpose of trade or exchange, and to trade or exchange any such property acquired for lands to be included in the system. (B) However, the commission shall exercise this power in such a manner that any and all property acquired for the purpose of trade or exchange shall in fact be traded or exchanged forthwith and without delay. Amended by Act 2017, No. 374,§ 25, eff. 8/1/2017. Acts 1981, No. 673, § 1; A.S.A. 1947, § 9-1409.2.

The Arkansas Natural Heritage Commission shall have the following rights, powers, and duties in addition to those already established by law:

(1) (A) To receive gifts, grants, donations, fee conveyances, or transfers of money and property, both real and personal, from private and public sources, or federal, or either, and to sell or dispose of such property, real and personal, or either, as the commission deems advisable. (B) Any funds and income from any property described in subdivision (1)(A) of this section shall be deposited into the State Treasury into the Department of Arkansas Heritage Endowment Trust Fund and expended in the same manner as other state moneys are expended upon vouchers drawn by the Director of the Arkansas Natural Heritage Commission; and

(A) To receive gifts, grants, donations, fee conveyances, or transfers of money and property, both real and personal, from private and public sources, or federal, or either, and to sell or dispose of such property, real and personal, or either, as the commission deems advisable.

(B) Any funds and income from any property described in subdivision (1)(A) of this section shall be deposited into the State Treasury into the Department of Arkansas Heritage Endowment Trust Fund and expended in the same manner as other state moneys are expended upon vouchers drawn by the Director of the Arkansas Natural Heritage Commission; and

(2) (A) With the advice and consent of the Legislative Council and the Governor, to acquire, by purchase or otherwise, real property for the purpose of trade or exchange, and to trade or exchange any such property acquired for lands to be included in the system. (B) However, the commission shall exercise this power in such a manner that any and all property acquired for the purpose of trade or exchange shall in fact be traded or exchanged forthwith and without delay.

(A) With the advice and consent of the Legislative Council and the Governor, to acquire, by purchase or otherwise, real property for the purpose of trade or exchange, and to trade or exchange any such property acquired for lands to be included in the system.

(B) However, the commission shall exercise this power in such a manner that any and all property acquired for the purpose of trade or exchange shall in fact be traded or exchanged forthwith and without delay.

Amended by Act 2017, No. 374,§ 25, eff. 8/1/2017.

Acts 1981, No. 673, § 1; A.S.A. 1947, § 9-1409.2.
Ark. Code Ann. § 15-5-1604 — AR Code / Title 15 / Chapter 5 / Subchapter 16 / Section 15-5-1604
[Repealed]
Status: repealed

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019. Acts 2007, No. 1025, § 1.

Repealed by Act 2019, No. 925,§ 6, eff. 7/24/2019.

Acts 2007, No. 1025, § 1.
Ark. Code Ann. § 15-3-501 — AR Code / Title 15 / Chapter 3 / Subchapter 5 / Section 15-3-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Acceleration Fund Act". Acts 2011, No. 706, § 1.

This subchapter shall be known and may be cited as the "Arkansas Acceleration Fund Act".

Acts 2011, No. 706, § 1.
Ark. Code Ann. § 15-5-601 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-601
Bonds affected - Definitions
Status: in_force

(a) This subchapter shall be effective for the calendar year 2001 and thereafter and may be relied upon by issuers of affected bonds, beneficiaries of the proceeds from and owners of the bonds, and other participants in the issuance of the bonds with respect to all affected bonds issued on and after January 1, 2001. (b) As used in this subchapter: (1) "Affected bonds" means bonds subject to the state ceiling; and (2) "Qualified housing issues" shall have the same meaning as used in 26 U.S.C. § 146(d)(5)(B)(ii) , as it existed on January 1, 2009; (3) "State ceiling" shall have the same meaning as used in 26 U.S.C. § 146 , as it existed on January 1, 2001; and (4) "2008 Housing Act Volume Cap" means the temporary increase in annual private activity volume cap provided to the state by the Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289. Acts 1987, No. 900, § 8; 2001, No. 1044, § 1; 2009, No. 6, § 1.

(a) This subchapter shall be effective for the calendar year 2001 and thereafter and may be relied upon by issuers of affected bonds, beneficiaries of the proceeds from and owners of the bonds, and other participants in the issuance of the bonds with respect to all affected bonds issued on and after January 1, 2001.

(b) As used in this subchapter: (1) "Affected bonds" means bonds subject to the state ceiling; and (2) "Qualified housing issues" shall have the same meaning as used in 26 U.S.C. § 146(d)(5)(B)(ii) , as it existed on January 1, 2009; (3) "State ceiling" shall have the same meaning as used in 26 U.S.C. § 146 , as it existed on January 1, 2001; and (4) "2008 Housing Act Volume Cap" means the temporary increase in annual private activity volume cap provided to the state by the Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289.

(1) "Affected bonds" means bonds subject to the state ceiling; and

(2) "Qualified housing issues" shall have the same meaning as used in 26 U.S.C. § 146(d)(5)(B)(ii) , as it existed on January 1, 2009;

(3) "State ceiling" shall have the same meaning as used in 26 U.S.C. § 146 , as it existed on January 1, 2001; and

(4) "2008 Housing Act Volume Cap" means the temporary increase in annual private activity volume cap provided to the state by the Housing and Economic Recovery Act of 2008, Pub. L. No. 110-289.

Acts 1987, No. 900, § 8; 2001, No. 1044, § 1; 2009, No. 6, § 1.
Ark. Code Ann. § 15-4-416 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-416
Deposit and use of revenues
Status: in_force

(a) All revenues received by the Division of Minority Business Enterprise of the Arkansas Economic Development Commission in behalf of the Arkansas Economic Development Council under the authority of this subchapter, except revenues derived from appropriations, are specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter. (b) The pledged revenues shall not be deposited into the State Treasury, but, when received, shall be deposited by the council into the account or accounts and into the depository or depositories specified by resolution of the council and shall be used by the council solely for the purpose of carrying out the provisions of this subchapter and in conformity with the provisions of any resolution or indenture-securing bonds of the council or other agreement entered into by the council pursuant to the provisions of this subchapter. (c) Any revenues at any time held by the council in excess of the amount necessary to accomplish the purpose for which the revenues were received and to comply with all covenants and agreements of the agency relating thereto shall be deposited to the credit of the state into such depositories and shall be reported to the Treasurer of State at such time and in such manner as shall be designated and prescribed by the Treasurer of State. Acts 1985, No. 869, § 9; A.S.A. 1947, § 9-577.

(a) All revenues received by the Division of Minority Business Enterprise of the Arkansas Economic Development Commission in behalf of the Arkansas Economic Development Council under the authority of this subchapter, except revenues derived from appropriations, are specifically declared to be cash funds restricted in their use and dedicated and to be used solely as provided in this subchapter.

(b) The pledged revenues shall not be deposited into the State Treasury, but, when received, shall be deposited by the council into the account or accounts and into the depository or depositories specified by resolution of the council and shall be used by the council solely for the purpose of carrying out the provisions of this subchapter and in conformity with the provisions of any resolution or indenture-securing bonds of the council or other agreement entered into by the council pursuant to the provisions of this subchapter.

(c) Any revenues at any time held by the council in excess of the amount necessary to accomplish the purpose for which the revenues were received and to comply with all covenants and agreements of the agency relating thereto shall be deposited to the credit of the state into such depositories and shall be reported to the Treasurer of State at such time and in such manner as shall be designated and prescribed by the Treasurer of State.

Acts 1985, No. 869, § 9; A.S.A. 1947, § 9-577.
Ark. Code Ann. § 15-56-402 — AR Code / Title 15 / Chapter 56 / Subchapter 4 / Section 15-56-402
Authority to execute leases
Status: in_force

Whenever any land in this state is devised by will or conveyed by grant to any person by any language which at common law would have vested in that person an estate in fee tail, then the person who at common law would have been invested with a fee tail estate in the lands and who under the provisions of § 18-12-301 is or shall be invested with a life estate therein is authorized and empowered to execute mineral leases, other than oil and gas leases, on that land in the manner set forth in this subchapter. Acts 1961, No. 94, § 1; A.S.A. 1947, § 52-215.

Whenever any land in this state is devised by will or conveyed by grant to any person by any language which at common law would have vested in that person an estate in fee tail, then the person who at common law would have been invested with a fee tail estate in the lands and who under the provisions of § 18-12-301 is or shall be invested with a life estate therein is authorized and empowered to execute mineral leases, other than oil and gas leases, on that land in the manner set forth in this subchapter.

Acts 1961, No. 94, § 1; A.S.A. 1947, § 52-215.
Ark. Code Ann. § 15-5-1411 — AR Code / Title 15 / Chapter 5 / Subchapter 14 / Section 15-5-1411
Creation of the Arkansas Venture Capital Development Fund
Status: in_force

(a) There is established the Arkansas Venture Capital Development Fund, and within that Arkansas Venture Capital Development Fund the Arkansas Venture Capital Development Fund Account, which Arkansas Venture Capital Development Fund and Arkansas Venture Capital Development Fund Account shall be held by and maintained as a separate fund and separate account within the Venture Capital Investment Trust. (b) (1) The Arkansas Venture Capital Development Fund is a Direct Fund, as defined in § 15-5-703 , created for the purpose of providing financial assistance to technology-based enterprises located in Arkansas with the expectation of: (A) Developing jobs paying in excess of county and state average wages; (B) Improving the growth, development, and advancement of technology-based enterprises; and (C) Converting research and development activities and early stage technology-based enterprises into viable and productive commercial ventures. (2) The Arkansas Venture Capital Development Fund shall target financial assistance toward: (A) Technology-based enterprises that are in the early stages of development and that are not yet able to attract adequate private sources of traditional financing or venture or investor-backed capital for their growth and development; and (B) Venture capital funds that have a direct connection to Arkansas and are focused on providing equity capital or near-equity capital to technology-based enterprises. Amended by Act 2019, No. 925,§ 5, eff. 7/24/2019.

(a) There is established the Arkansas Venture Capital Development Fund, and within that Arkansas Venture Capital Development Fund the Arkansas Venture Capital Development Fund Account, which Arkansas Venture Capital Development Fund and Arkansas Venture Capital Development Fund Account shall be held by and maintained as a separate fund and separate account within the Venture Capital Investment Trust.

(b) (1) The Arkansas Venture Capital Development Fund is a Direct Fund, as defined in § 15-5-703 , created for the purpose of providing financial assistance to technology-based enterprises located in Arkansas with the expectation of: (A) Developing jobs paying in excess of county and state average wages; (B) Improving the growth, development, and advancement of technology-based enterprises; and (C) Converting research and development activities and early stage technology-based enterprises into viable and productive commercial ventures. (2) The Arkansas Venture Capital Development Fund shall target financial assistance toward: (A) Technology-based enterprises that are in the early stages of development and that are not yet able to attract adequate private sources of traditional financing or venture or investor-backed capital for their growth and development; and (B) Venture capital funds that have a direct connection to Arkansas and are focused on providing equity capital or near-equity capital to technology-based enterprises.

(1) The Arkansas Venture Capital Development Fund is a Direct Fund, as defined in § 15-5-703 , created for the purpose of providing financial assistance to technology-based enterprises located in Arkansas with the expectation of: (A) Developing jobs paying in excess of county and state average wages; (B) Improving the growth, development, and advancement of technology-based enterprises; and (C) Converting research and development activities and early stage technology-based enterprises into viable and productive commercial ventures.

(A) Developing jobs paying in excess of county and state average wages;

(B) Improving the growth, development, and advancement of technology-based enterprises; and

(C) Converting research and development activities and early stage technology-based enterprises into viable and productive commercial ventures.

(2) The Arkansas Venture Capital Development Fund shall target financial assistance toward: (A) Technology-based enterprises that are in the early stages of development and that are not yet able to attract adequate private sources of traditional financing or venture or investor-backed capital for their growth and development; and (B) Venture capital funds that have a direct connection to Arkansas and are focused on providing equity capital or near-equity capital to technology-based enterprises.

(A) Technology-based enterprises that are in the early stages of development and that are not yet able to attract adequate private sources of traditional financing or venture or investor-backed capital for their growth and development; and

(B) Venture capital funds that have a direct connection to Arkansas and are focused on providing equity capital or near-equity capital to technology-based enterprises.

Amended by Act 2019, No. 925,§ 5, eff. 7/24/2019.
Ark. Code Ann. § 15-56-304 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-304
Petition to lease or operate - Parties defendant
Status: in_force

Any owners, partners, or corporate shareholders, or parties as set forth in § 15-56-301 desiring the leasing and operating of mineral lands or mineral interests shall file, in the circuit court in the county in which the mineral lands or mineral interests or the greater part thereof lie, a written petition describing the lands under which the mineral interests exist and shall make as parties defendant owners of the various interests or their lessee, if any, in the mineral lands or mineral rights in, on, and under the lands. The petition shall state, as far as known, the amount of interest held by each, with a prayer that the unleased interests or any part thereof or certain portions of the mineral lands and interests be leased and that the money derived from leases be paid to the owners as the court may direct. Any lessor whose lessee is either a plaintiff or defendant shall not be a necessary party to the suit. Acts 1937, No. 220, § 2; Pope's Dig., § 11196; Acts 1963, No. 85, § 2; A.S.A. 1947, § 52-202.

Any owners, partners, or corporate shareholders, or parties as set forth in § 15-56-301 desiring the leasing and operating of mineral lands or mineral interests shall file, in the circuit court in the county in which the mineral lands or mineral interests or the greater part thereof lie, a written petition describing the lands under which the mineral interests exist and shall make as parties defendant owners of the various interests or their lessee, if any, in the mineral lands or mineral rights in, on, and under the lands. The petition shall state, as far as known, the amount of interest held by each, with a prayer that the unleased interests or any part thereof or certain portions of the mineral lands and interests be leased and that the money derived from leases be paid to the owners as the court may direct. Any lessor whose lessee is either a plaintiff or defendant shall not be a necessary party to the suit.

Acts 1937, No. 220, § 2; Pope's Dig., § 11196; Acts 1963, No. 85, § 2; A.S.A. 1947, § 52-202.
Ark. Code Ann. § 15-5-1804 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1804
Issuance of bonds
Status: in_force

(a) Upon the request of a state entity, the Arkansas Development Finance Authority may issue bonds for the purpose of: (1) Providing financing or refinancing for an energy efficiency project; (2) Refunding bonds issued under this subchapter; and (3) Paying the costs of issuing the bonds. (b) (1) The bonds may be: (A) Secured by a pledge of the savings derived from the energy efficiency project; and (B) Paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the state entity. (2) A state entity may pledge or assign any guaranteed energy savings contract to secure the bonds. (3) A state entity may enter into a long-term loan agreement with the authority to secure the bonds. (4) Notwithstanding any law to the contrary, a state entity may use maintenance and operations appropriations to pay for an energy efficiency project. (c) (1) (A) Bonds issued under this subchapter shall: (i) Be authorized by a resolution of the state entity and the Board of Directors of the Arkansas Development Finance Authority; and (ii) Have the form and characteristics and bear the designations provided in the resolution and permitted under this chapter, including without limitation §§ 15-5-301 - 15-5-317 . (B) The resolution under subdivision (c)(1)(A)(i) of this section may include the provisions and covenants that the state entity or the board determines to be necessary. (2) The board may: (A) Require additional proceedings; and (B) Approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary or convenient to the issuance of the bonds. Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

(a) Upon the request of a state entity, the Arkansas Development Finance Authority may issue bonds for the purpose of: (1) Providing financing or refinancing for an energy efficiency project; (2) Refunding bonds issued under this subchapter; and (3) Paying the costs of issuing the bonds.

(1) Providing financing or refinancing for an energy efficiency project;

(2) Refunding bonds issued under this subchapter; and

(3) Paying the costs of issuing the bonds.

(b) (1) The bonds may be: (A) Secured by a pledge of the savings derived from the energy efficiency project; and (B) Paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the state entity. (2) A state entity may pledge or assign any guaranteed energy savings contract to secure the bonds. (3) A state entity may enter into a long-term loan agreement with the authority to secure the bonds. (4) Notwithstanding any law to the contrary, a state entity may use maintenance and operations appropriations to pay for an energy efficiency project.

(1) The bonds may be: (A) Secured by a pledge of the savings derived from the energy efficiency project; and (B) Paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the state entity.

(A) Secured by a pledge of the savings derived from the energy efficiency project; and

(B) Paid from general revenues, special revenues, revenues derived from taxes, or any other revenues available to the state entity.

(2) A state entity may pledge or assign any guaranteed energy savings contract to secure the bonds.

(3) A state entity may enter into a long-term loan agreement with the authority to secure the bonds.

(4) Notwithstanding any law to the contrary, a state entity may use maintenance and operations appropriations to pay for an energy efficiency project.

(c) (1) (A) Bonds issued under this subchapter shall: (i) Be authorized by a resolution of the state entity and the Board of Directors of the Arkansas Development Finance Authority; and (ii) Have the form and characteristics and bear the designations provided in the resolution and permitted under this chapter, including without limitation §§ 15-5-301 - 15-5-317 . (B) The resolution under subdivision (c)(1)(A)(i) of this section may include the provisions and covenants that the state entity or the board determines to be necessary. (2) The board may: (A) Require additional proceedings; and (B) Approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary or convenient to the issuance of the bonds.

(1) (A) Bonds issued under this subchapter shall: (i) Be authorized by a resolution of the state entity and the Board of Directors of the Arkansas Development Finance Authority; and (ii) Have the form and characteristics and bear the designations provided in the resolution and permitted under this chapter, including without limitation §§ 15-5-301 - 15-5-317 . (B) The resolution under subdivision (c)(1)(A)(i) of this section may include the provisions and covenants that the state entity or the board determines to be necessary.

(A) Bonds issued under this subchapter shall: (i) Be authorized by a resolution of the state entity and the Board of Directors of the Arkansas Development Finance Authority; and (ii) Have the form and characteristics and bear the designations provided in the resolution and permitted under this chapter, including without limitation §§ 15-5-301 - 15-5-317 .

(i) Be authorized by a resolution of the state entity and the Board of Directors of the Arkansas Development Finance Authority; and

(ii) Have the form and characteristics and bear the designations provided in the resolution and permitted under this chapter, including without limitation §§ 15-5-301 - 15-5-317 .

(B) The resolution under subdivision (c)(1)(A)(i) of this section may include the provisions and covenants that the state entity or the board determines to be necessary.

(2) The board may: (A) Require additional proceedings; and (B) Approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary or convenient to the issuance of the bonds.

(A) Require additional proceedings; and

(B) Approve and have executed any other proceedings, agreements, trust agreements, or other instruments necessary or convenient to the issuance of the bonds.

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-4-2709 — AR Code / Title 15 / Chapter 4 / Subchapter 27 / Section 15-4-2709
Targeted business special incentive
Status: in_force

(a) A special incentive based on the payroll of targeted businesses in the state may be offered, at the discretion of the Director of the Arkansas Economic Development Commission, to: (1) Encourage the development of jobs that pay significantly more than the average hourly wage in the county in which the targeted business locates or the state average hourly wage if the state average hourly wage is less than the county average hourly wage; and (2) Provide an incentive to assist with the start-up of businesses targeted for growth. (b) To qualify for the special incentive provided by subsection (c) of this section, a business shall: (1) Be identified by the Arkansas Economic Development Commission as being one of those business sectors targeted for growth under § 15-4-2703 ; (2) (A) Have an annual payroll of the business for Arkansas taxpayers of not less than one hundred thousand dollars ($100,000) or more than one million dollars ($1,000,000). (B) The payroll requirement under subdivision (b)(2)(A) of this section applies only to the initial eligibility determination and does not preclude qualified businesses from receiving incentives if, at any time after the financial incentive agreement has been approved, actual payroll does not satisfy the requirements in subdivision (b)(2)(A) of this section; (3) Show proof of an equity investment of two hundred fifty thousand dollars ($250,000) or more; and (4) Pay average hourly wages in excess of the lesser of one hundred fifty percent (150%) of the county or state average hourly wage for the county in which the targeted business locates or expands. (c) (1) A targeted business may earn an income tax credit equal to ten percent (10%) of its annual payroll, with the maximum payroll credit not to exceed one hundred thousand dollars ($100,000) in any year during the term of the financial incentive agreement. (2) (A) The term of the financial incentive agreement shall be established by the director for a period not to exceed five (5) years. (B) The term of the financial incentive agreement for targeted businesses earning a tax credit under this subsection shall begin on January 1 of the year following the year in which the financial incentive agreement was approved. (C) The director may allow a qualified targeted business to sell any income tax credits earned through one (1) or more incentives authorized by this subchapter. (d) (1) To sell income tax credits earned through incentives authorized by this subchapter, the targeted business shall apply to the commission and furnish information necessary to facilitate the sale of income tax credits. (2) (A) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first. (B) Taxpayers purchasing tax credits under this subsection shall be subject to the same carry-forward provisions as the targeted business that earned the credits. (C) The purchase of the tax credits does not establish a new carry-forward period for the ultimate recipient. (e) A targeted business claiming or selling tax credits earned under this section or § 15-4-2708 shall not receive the credit granted by § 26-51-1102(b) for the same expenditures. Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 414, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 413, eff. 7/1/2019. Acts 2003, No. 182, § 1; 2005, No. 1232, § 2; 2005, No. 1296, §§ 7, 8; 2007, No. 1596, § 5; 2009, No. 716, § 10.

(a) A special incentive based on the payroll of targeted businesses in the state may be offered, at the discretion of the Director of the Arkansas Economic Development Commission, to: (1) Encourage the development of jobs that pay significantly more than the average hourly wage in the county in which the targeted business locates or the state average hourly wage if the state average hourly wage is less than the county average hourly wage; and (2) Provide an incentive to assist with the start-up of businesses targeted for growth.

(1) Encourage the development of jobs that pay significantly more than the average hourly wage in the county in which the targeted business locates or the state average hourly wage if the state average hourly wage is less than the county average hourly wage; and

(2) Provide an incentive to assist with the start-up of businesses targeted for growth.

(b) To qualify for the special incentive provided by subsection (c) of this section, a business shall: (1) Be identified by the Arkansas Economic Development Commission as being one of those business sectors targeted for growth under § 15-4-2703 ; (2) (A) Have an annual payroll of the business for Arkansas taxpayers of not less than one hundred thousand dollars ($100,000) or more than one million dollars ($1,000,000). (B) The payroll requirement under subdivision (b)(2)(A) of this section applies only to the initial eligibility determination and does not preclude qualified businesses from receiving incentives if, at any time after the financial incentive agreement has been approved, actual payroll does not satisfy the requirements in subdivision (b)(2)(A) of this section; (3) Show proof of an equity investment of two hundred fifty thousand dollars ($250,000) or more; and (4) Pay average hourly wages in excess of the lesser of one hundred fifty percent (150%) of the county or state average hourly wage for the county in which the targeted business locates or expands.

(1) Be identified by the Arkansas Economic Development Commission as being one of those business sectors targeted for growth under § 15-4-2703 ;

(2) (A) Have an annual payroll of the business for Arkansas taxpayers of not less than one hundred thousand dollars ($100,000) or more than one million dollars ($1,000,000). (B) The payroll requirement under subdivision (b)(2)(A) of this section applies only to the initial eligibility determination and does not preclude qualified businesses from receiving incentives if, at any time after the financial incentive agreement has been approved, actual payroll does not satisfy the requirements in subdivision (b)(2)(A) of this section;

(A) Have an annual payroll of the business for Arkansas taxpayers of not less than one hundred thousand dollars ($100,000) or more than one million dollars ($1,000,000).

(B) The payroll requirement under subdivision (b)(2)(A) of this section applies only to the initial eligibility determination and does not preclude qualified businesses from receiving incentives if, at any time after the financial incentive agreement has been approved, actual payroll does not satisfy the requirements in subdivision (b)(2)(A) of this section;

(3) Show proof of an equity investment of two hundred fifty thousand dollars ($250,000) or more; and

(4) Pay average hourly wages in excess of the lesser of one hundred fifty percent (150%) of the county or state average hourly wage for the county in which the targeted business locates or expands.

(c) (1) A targeted business may earn an income tax credit equal to ten percent (10%) of its annual payroll, with the maximum payroll credit not to exceed one hundred thousand dollars ($100,000) in any year during the term of the financial incentive agreement. (2) (A) The term of the financial incentive agreement shall be established by the director for a period not to exceed five (5) years. (B) The term of the financial incentive agreement for targeted businesses earning a tax credit under this subsection shall begin on January 1 of the year following the year in which the financial incentive agreement was approved. (C) The director may allow a qualified targeted business to sell any income tax credits earned through one (1) or more incentives authorized by this subchapter.

(1) A targeted business may earn an income tax credit equal to ten percent (10%) of its annual payroll, with the maximum payroll credit not to exceed one hundred thousand dollars ($100,000) in any year during the term of the financial incentive agreement.

(2) (A) The term of the financial incentive agreement shall be established by the director for a period not to exceed five (5) years. (B) The term of the financial incentive agreement for targeted businesses earning a tax credit under this subsection shall begin on January 1 of the year following the year in which the financial incentive agreement was approved. (C) The director may allow a qualified targeted business to sell any income tax credits earned through one (1) or more incentives authorized by this subchapter.

(A) The term of the financial incentive agreement shall be established by the director for a period not to exceed five (5) years.

(B) The term of the financial incentive agreement for targeted businesses earning a tax credit under this subsection shall begin on January 1 of the year following the year in which the financial incentive agreement was approved.

(C) The director may allow a qualified targeted business to sell any income tax credits earned through one (1) or more incentives authorized by this subchapter.

(d) (1) To sell income tax credits earned through incentives authorized by this subchapter, the targeted business shall apply to the commission and furnish information necessary to facilitate the sale of income tax credits. (2) (A) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first. (B) Taxpayers purchasing tax credits under this subsection shall be subject to the same carry-forward provisions as the targeted business that earned the credits. (C) The purchase of the tax credits does not establish a new carry-forward period for the ultimate recipient.

(1) To sell income tax credits earned through incentives authorized by this subchapter, the targeted business shall apply to the commission and furnish information necessary to facilitate the sale of income tax credits.

(2) (A) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first. (B) Taxpayers purchasing tax credits under this subsection shall be subject to the same carry-forward provisions as the targeted business that earned the credits. (C) The purchase of the tax credits does not establish a new carry-forward period for the ultimate recipient.

(A) Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.

(B) Taxpayers purchasing tax credits under this subsection shall be subject to the same carry-forward provisions as the targeted business that earned the credits.

(C) The purchase of the tax credits does not establish a new carry-forward period for the ultimate recipient.

(e) A targeted business claiming or selling tax credits earned under this section or § 15-4-2708 shall not receive the credit granted by § 26-51-1102(b) for the same expenditures.

Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 414, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 413, eff. 7/1/2019.

Acts 2003, No. 182, § 1; 2005, No. 1232, § 2; 2005, No. 1296, §§ 7, 8; 2007, No. 1596, § 5; 2009, No. 716, § 10.
Ark. Code Ann. § 15-55-302 — AR Code / Title 15 / Chapter 55 / Subchapter 3 / Section 15-55-302
Free access to public records
Status: in_force

(a) The work of the geological survey shall commence as soon after the appointment of the State Geologist and his or her assistants as is practical. (b) The Office of the State Geologist shall have access at all times to the field notes and maps of the Commissioner of State Lands' office, and to the records and reports of the State Mine Inspector, the Oil and Gas Commission, the county clerk of any county, or to the public record of any state department or county official without the payment of any fee. Amended by Act 2023, No. 697,§ 7, eff. 7/1/2023. Acts 1923, No. 573, § 3; Pope's Dig., § 12229; A.S.A. 1947, § 9-406.

(a) The work of the geological survey shall commence as soon after the appointment of the State Geologist and his or her assistants as is practical.

(b) The Office of the State Geologist shall have access at all times to the field notes and maps of the Commissioner of State Lands' office, and to the records and reports of the State Mine Inspector, the Oil and Gas Commission, the county clerk of any county, or to the public record of any state department or county official without the payment of any fee.

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

Acts 1923, No. 573, § 3; Pope's Dig., § 12229; A.S.A. 1947, § 9-406.
Ark. Code Ann. § 15-4-3408 — AR Code / Title 15 / Chapter 4 / Subchapter 34 / Section 15-4-3408
Matching funds
Status: in_force

(a) A regional economic development partnership shall match the state funds allocated to the regional economic development partnership on the basis of at least one dollar ($1.00) of local matching funds for every one dollar ($1.00) of state funds. (b) If a regional economic development partnership does not provide proof of sufficient matching funds before the release of state funds, the Arkansas Economic Development Commission shall reduce the award of state funds in the amount necessary to adhere to the required one-to-one ratio of local matching dollars to state dollars. (c) Local matching funds may be: (1) Provided by public sources, private sources, or a combination of public sources and private sources; and (2) (A) Received in the form of cash, in-kind contributions, or a combination of cash and in-kind contributions. (B) In-kind contributions shall not be more than forty percent (40%) of the regional economic development partnership's total matching funds. Amended by Act 2013, No. 1112,§ 8, eff. 8/16/2013. Acts 2011, No. 895, § 1.

(a) A regional economic development partnership shall match the state funds allocated to the regional economic development partnership on the basis of at least one dollar ($1.00) of local matching funds for every one dollar ($1.00) of state funds.

(b) If a regional economic development partnership does not provide proof of sufficient matching funds before the release of state funds, the Arkansas Economic Development Commission shall reduce the award of state funds in the amount necessary to adhere to the required one-to-one ratio of local matching dollars to state dollars.

(c) Local matching funds may be: (1) Provided by public sources, private sources, or a combination of public sources and private sources; and (2) (A) Received in the form of cash, in-kind contributions, or a combination of cash and in-kind contributions. (B) In-kind contributions shall not be more than forty percent (40%) of the regional economic development partnership's total matching funds.

(1) Provided by public sources, private sources, or a combination of public sources and private sources; and

(2) (A) Received in the form of cash, in-kind contributions, or a combination of cash and in-kind contributions. (B) In-kind contributions shall not be more than forty percent (40%) of the regional economic development partnership's total matching funds.

(A) Received in the form of cash, in-kind contributions, or a combination of cash and in-kind contributions.

(B) In-kind contributions shall not be more than forty percent (40%) of the regional economic development partnership's total matching funds.

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

Acts 2011, No. 895, § 1.
Ark. Code Ann. § 15-20-707 — AR Code / Title 15 / Chapter 20 / Subchapter 7 / Section 15-20-707
[Repealed]
Status: repealed

Repealed by Act 2017, No. 540,§ 17, eff. 8/1/2017. Acts 1991, No. 999, § 7; 1997, No. 250, § 106.

Repealed by Act 2017, No. 540,§ 17, eff. 8/1/2017.

Acts 1991, No. 999, § 7; 1997, No. 250, § 106.
Ark. Code Ann. § 15-4-402 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-402
Legislative findings and purpose
Status: in_force

The General Assembly finds that: (1) It would be in the best interest of the population of the State of Arkansas to promote the growth and development of small business concerns and concerns owned and controlled by socially and economically disadvantaged individuals, to the extent provided in this subchapter, by: (A) Stimulating the flow of private capital and long-term loan funds these concerns need for the sound financing of capital improvements for their business operations and for growth, expansion, and modernization; and (B) Providing incentives as appropriate for the increase of business volume these concerns need to become competitive; and (2) The State of Arkansas's primary concern is to encourage the creation of more jobs for the population in a segment in which the ratio of new jobs per dollar invested is maximized. Acts 1985, No. 869, § 1; A.S.A. 1947, § 9-569.

The General Assembly finds that:

(1) It would be in the best interest of the population of the State of Arkansas to promote the growth and development of small business concerns and concerns owned and controlled by socially and economically disadvantaged individuals, to the extent provided in this subchapter, by: (A) Stimulating the flow of private capital and long-term loan funds these concerns need for the sound financing of capital improvements for their business operations and for growth, expansion, and modernization; and (B) Providing incentives as appropriate for the increase of business volume these concerns need to become competitive; and

(A) Stimulating the flow of private capital and long-term loan funds these concerns need for the sound financing of capital improvements for their business operations and for growth, expansion, and modernization; and

(B) Providing incentives as appropriate for the increase of business volume these concerns need to become competitive; and

(2) The State of Arkansas's primary concern is to encourage the creation of more jobs for the population in a segment in which the ratio of new jobs per dollar invested is maximized.

Acts 1985, No. 869, § 1; A.S.A. 1947, § 9-569.