Ark. Code Ann. § 15-3-122 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-122
Purchase of qualified securities - Prerequisites - Advisory committees
Status: in_force

(a) The Arkansas Economic Development Commission may utilize moneys as appropriated by the General Assembly to purchase qualified securities issued by enterprises as a part of a scientific and technological project for the purpose of raising the initial capitalization for such scientific and technological projects subject to the conditions set forth in this section. (b) The commission shall purchase qualified securities issued by an enterprise as a part of a scientific and technological project only after: (1) Receipt of an application from the enterprise which contains: (A) A business plan, including a description of the enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and (D) Such other information as the commission shall request; and (2) Approval of the investment by the Director of the Arkansas Economic Development Commission, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, after the director shall find, based upon the application submitted by the enterprise and such additional investigation as the staff of the commission shall make, and incorporate in its minutes that: (A) The proceeds of the investment will only be used to cover the initial capitalization needs of the enterprise except as hereinafter authorized; (B) The enterprise has a reasonable chance of success; (C) The commission's participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or because funding has been offered on terms that would substantially hinder the success of the enterprise; (D) The enterprise has the reasonable potential to create a substantial amount of primary employment within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise; (F) The securities to be purchased are qualified securities; (G) There is a reasonable possibility that the commission will recoup at least its initial investment; and (H) Binding commitments have been made to the commission by the enterprise for adequate reporting of financial data to the commission, which shall include a requirement for an annual or other periodic audit of the books of the enterprise and for such control on the part of the commission as the director shall consider prudent over the management of the enterprise so as to protect the investment of the commission, including, in the discretion of the director and without limitation, right of access to financial and other records of the enterprise. (c) (1) In carrying out his or her functions under this section, the director may create such advisory committees as may be useful in evaluating potential investments in qualified securities. (2) The memberships of these advisory committees may include both directors of the board and staff members of the commission and other persons drawn from sources other than the commission, all of whom shall serve at the pleasure of the director. (3) Members of these advisory committees shall serve without compensation for their membership on the committees but may receive expense reimbursement in accordance with § 25-16-901 et seq. (d) The commission shall not make investments in qualified securities issued by enterprises in excess of the following limits: (1) Not more than five hundred thousand dollars ($500,000) shall be invested in the qualified securities of any one (1) enterprise; and (2) The commission shall not own securities representing more than forty-nine percent (49%) of the voting stock of any one (1) enterprise at the time of the purchase by the commission, after giving effect to the conversion of all outstanding convertible securities of the enterprise. However, in the event of severe financial difficulty of the enterprise threatening, in the judgment of the director, the investment of the commission therein, a greater percentage of such securities may be owned by the commission. (e) The commission may not invest nor may it commit to invest in any qualified securities prior to the commission's adopting rules to govern the programs authorized under this section. Amended by Act 2017, No. 374,§ 3, eff. 8/1/2017. Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015. Acts 1983, No. 859, § 14; 1985, No. 409, § 12; A.S.A. 1947, § 6-1614; Acts 1997, No. 250, § 93.

(a) The Arkansas Economic Development Commission may utilize moneys as appropriated by the General Assembly to purchase qualified securities issued by enterprises as a part of a scientific and technological project for the purpose of raising the initial capitalization for such scientific and technological projects subject to the conditions set forth in this section.

(b) The commission shall purchase qualified securities issued by an enterprise as a part of a scientific and technological project only after: (1) Receipt of an application from the enterprise which contains: (A) A business plan, including a description of the enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and (D) Such other information as the commission shall request; and (2) Approval of the investment by the Director of the Arkansas Economic Development Commission, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, after the director shall find, based upon the application submitted by the enterprise and such additional investigation as the staff of the commission shall make, and incorporate in its minutes that: (A) The proceeds of the investment will only be used to cover the initial capitalization needs of the enterprise except as hereinafter authorized; (B) The enterprise has a reasonable chance of success; (C) The commission's participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or because funding has been offered on terms that would substantially hinder the success of the enterprise; (D) The enterprise has the reasonable potential to create a substantial amount of primary employment within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise; (F) The securities to be purchased are qualified securities; (G) There is a reasonable possibility that the commission will recoup at least its initial investment; and (H) Binding commitments have been made to the commission by the enterprise for adequate reporting of financial data to the commission, which shall include a requirement for an annual or other periodic audit of the books of the enterprise and for such control on the part of the commission as the director shall consider prudent over the management of the enterprise so as to protect the investment of the commission, including, in the discretion of the director and without limitation, right of access to financial and other records of the enterprise.

(1) Receipt of an application from the enterprise which contains: (A) A business plan, including a description of the enterprise and its management, product, and market; (B) A statement of the amount, timing, and projected use of the capital required; (C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and (D) Such other information as the commission shall request; and

(A) A business plan, including a description of the enterprise and its management, product, and market;

(B) A statement of the amount, timing, and projected use of the capital required;

(C) A statement of the potential economic impact of the enterprise, including the number, location, and types of jobs expected to be created; and

(D) Such other information as the commission shall request; and

(2) Approval of the investment by the Director of the Arkansas Economic Development Commission, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, after the director shall find, based upon the application submitted by the enterprise and such additional investigation as the staff of the commission shall make, and incorporate in its minutes that: (A) The proceeds of the investment will only be used to cover the initial capitalization needs of the enterprise except as hereinafter authorized; (B) The enterprise has a reasonable chance of success; (C) The commission's participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or because funding has been offered on terms that would substantially hinder the success of the enterprise; (D) The enterprise has the reasonable potential to create a substantial amount of primary employment within the state; (E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise; (F) The securities to be purchased are qualified securities; (G) There is a reasonable possibility that the commission will recoup at least its initial investment; and (H) Binding commitments have been made to the commission by the enterprise for adequate reporting of financial data to the commission, which shall include a requirement for an annual or other periodic audit of the books of the enterprise and for such control on the part of the commission as the director shall consider prudent over the management of the enterprise so as to protect the investment of the commission, including, in the discretion of the director and without limitation, right of access to financial and other records of the enterprise.

(A) The proceeds of the investment will only be used to cover the initial capitalization needs of the enterprise except as hereinafter authorized;

(B) The enterprise has a reasonable chance of success;

(C) The commission's participation is necessary to the success of the enterprise because funding for the enterprise is unavailable in the traditional capital markets or because funding has been offered on terms that would substantially hinder the success of the enterprise;

(D) The enterprise has the reasonable potential to create a substantial amount of primary employment within the state;

(E) The entrepreneur and other founders of the enterprise have already made or are contractually committed to make a substantial financial and time commitment to the enterprise;

(F) The securities to be purchased are qualified securities;

(G) There is a reasonable possibility that the commission will recoup at least its initial investment; and

(H) Binding commitments have been made to the commission by the enterprise for adequate reporting of financial data to the commission, which shall include a requirement for an annual or other periodic audit of the books of the enterprise and for such control on the part of the commission as the director shall consider prudent over the management of the enterprise so as to protect the investment of the commission, including, in the discretion of the director and without limitation, right of access to financial and other records of the enterprise.

(c) (1) In carrying out his or her functions under this section, the director may create such advisory committees as may be useful in evaluating potential investments in qualified securities. (2) The memberships of these advisory committees may include both directors of the board and staff members of the commission and other persons drawn from sources other than the commission, all of whom shall serve at the pleasure of the director. (3) Members of these advisory committees shall serve without compensation for their membership on the committees but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(1) In carrying out his or her functions under this section, the director may create such advisory committees as may be useful in evaluating potential investments in qualified securities.

(2) The memberships of these advisory committees may include both directors of the board and staff members of the commission and other persons drawn from sources other than the commission, all of whom shall serve at the pleasure of the director.

(3) Members of these advisory committees shall serve without compensation for their membership on the committees but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(d) The commission shall not make investments in qualified securities issued by enterprises in excess of the following limits: (1) Not more than five hundred thousand dollars ($500,000) shall be invested in the qualified securities of any one (1) enterprise; and (2) The commission shall not own securities representing more than forty-nine percent (49%) of the voting stock of any one (1) enterprise at the time of the purchase by the commission, after giving effect to the conversion of all outstanding convertible securities of the enterprise. However, in the event of severe financial difficulty of the enterprise threatening, in the judgment of the director, the investment of the commission therein, a greater percentage of such securities may be owned by the commission.

(1) Not more than five hundred thousand dollars ($500,000) shall be invested in the qualified securities of any one (1) enterprise; and

(2) The commission shall not own securities representing more than forty-nine percent (49%) of the voting stock of any one (1) enterprise at the time of the purchase by the commission, after giving effect to the conversion of all outstanding convertible securities of the enterprise. However, in the event of severe financial difficulty of the enterprise threatening, in the judgment of the director, the investment of the commission therein, a greater percentage of such securities may be owned by the commission.

(e) The commission may not invest nor may it commit to invest in any qualified securities prior to the commission's adopting rules to govern the programs authorized under this section.

Amended by Act 2017, No. 374,§ 3, eff. 8/1/2017.

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

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

Acts 1983, No. 859, § 14; 1985, No. 409, § 12; A.S.A. 1947, § 6-1614; Acts 1997, No. 250, § 93.
Ark. Code Ann. § 15-23-502 — AR Code / Title 15 / Chapter 23 / Subchapter 5 / Section 15-23-502
Effective date of compact
Status: in_force

The provisions of the compact shall be in full force and effect from and after the effective date of the further ratification of the compact by the States of Oklahoma, Texas, and Louisiana and consented to by the Congress of the United States. Acts 1979, No. 201, § 2; A.S.A. 1947, § 9-1602.

The provisions of the compact shall be in full force and effect from and after the effective date of the further ratification of the compact by the States of Oklahoma, Texas, and Louisiana and consented to by the Congress of the United States.

Acts 1979, No. 201, § 2; A.S.A. 1947, § 9-1602.
Ark. Code Ann. § 15-57-412 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-412
Bond
Status: in_force

(a) In order to assure that all reclamation is completed as required and within a reasonable length of time, the operator shall submit a bond or substitute security used specifically for the quarry described in the legal description of the notification of intent. The bond or substitute security shall be in force prior to the operator commencing a new or reactivated quarry operation and in force for all active quarry operations by January 1, 1998. (b) (1) As of January 1, 1998, the reclamation bond required for acceptance of an operator's notice of intent to open a quarry, or to reactivate a quarry, will be one thousand one hundred dollars ($1,100) per acre of affected land. The face value of the bond will be evaluated every five (5) years by the operator and a representative of the Division of Environmental Quality. (2) In the event it is determined that the bond or substitute security is inadequate, the surety will be notified and the bond limits or amount of security will be increased. If the security is determined to be surplus, then the amount required will be decreased. (c) Bonding or substitute security may be incrementally increased based on the annual acreage to be affected but must be sufficient in total to fund full reclamation as required by this subchapter. (d) Bonding or substitute security shall be incrementally decreased as reclamation is completed. When final reclamation is completed, the remaining bond or substitute security will be released to the operator. (e) (1) The operator may submit any of the following three (3) types of bonds or substitute security: (A) A surety bond; (B) A collateral bond with supporting collateral consisting of irrevocable letters of credit or certificates of deposit in favor of the division; and (C) A self bond with an unencumbered right to certain property to be held by the division. (2) Recommended bond forms shall be provided by the division. A variation of the language in all but the self bond form may be acceptable, provided the requirements of this subchapter and this Code are incorporated and the division approves the language. (3) In the event self bonding is used, the following conditions apply: (A) The applicant must use the self bond form provided by the division; (B) The collateral to be offered must be appraised by a licensed appraiser approved by the operator and the division; (C) The operator must have unencumbered ownership of the collateral and provide proof of such ownership to the division; (D) The value of the collateral as bond will be eighty percent (80%) of the fair market value of the collateral as established by the appraiser; (E) Any collateral that decreases in value due to usage (rolling stock) will be not be acceptable; (F) In the event the collateral consists of real property, an environmental audit of the area must be provided to the division; and (G) Where applicable, a lien will be filed against the collateral until the affected area is reclaimed and released by the Arkansas Pollution Control and Ecology Commission. Amended by Act 2019, No. 910,§ 3133, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3132, eff. 7/1/2019. Acts 1997, No. 1166, § 12; 1999, No. 1320, § 2.

(a) In order to assure that all reclamation is completed as required and within a reasonable length of time, the operator shall submit a bond or substitute security used specifically for the quarry described in the legal description of the notification of intent. The bond or substitute security shall be in force prior to the operator commencing a new or reactivated quarry operation and in force for all active quarry operations by January 1, 1998.

(b) (1) As of January 1, 1998, the reclamation bond required for acceptance of an operator's notice of intent to open a quarry, or to reactivate a quarry, will be one thousand one hundred dollars ($1,100) per acre of affected land. The face value of the bond will be evaluated every five (5) years by the operator and a representative of the Division of Environmental Quality. (2) In the event it is determined that the bond or substitute security is inadequate, the surety will be notified and the bond limits or amount of security will be increased. If the security is determined to be surplus, then the amount required will be decreased.

(1) As of January 1, 1998, the reclamation bond required for acceptance of an operator's notice of intent to open a quarry, or to reactivate a quarry, will be one thousand one hundred dollars ($1,100) per acre of affected land. The face value of the bond will be evaluated every five (5) years by the operator and a representative of the Division of Environmental Quality.

(2) In the event it is determined that the bond or substitute security is inadequate, the surety will be notified and the bond limits or amount of security will be increased. If the security is determined to be surplus, then the amount required will be decreased.

(c) Bonding or substitute security may be incrementally increased based on the annual acreage to be affected but must be sufficient in total to fund full reclamation as required by this subchapter.

(d) Bonding or substitute security shall be incrementally decreased as reclamation is completed. When final reclamation is completed, the remaining bond or substitute security will be released to the operator.

(e) (1) The operator may submit any of the following three (3) types of bonds or substitute security: (A) A surety bond; (B) A collateral bond with supporting collateral consisting of irrevocable letters of credit or certificates of deposit in favor of the division; and (C) A self bond with an unencumbered right to certain property to be held by the division. (2) Recommended bond forms shall be provided by the division. A variation of the language in all but the self bond form may be acceptable, provided the requirements of this subchapter and this Code are incorporated and the division approves the language. (3) In the event self bonding is used, the following conditions apply: (A) The applicant must use the self bond form provided by the division; (B) The collateral to be offered must be appraised by a licensed appraiser approved by the operator and the division; (C) The operator must have unencumbered ownership of the collateral and provide proof of such ownership to the division; (D) The value of the collateral as bond will be eighty percent (80%) of the fair market value of the collateral as established by the appraiser; (E) Any collateral that decreases in value due to usage (rolling stock) will be not be acceptable; (F) In the event the collateral consists of real property, an environmental audit of the area must be provided to the division; and (G) Where applicable, a lien will be filed against the collateral until the affected area is reclaimed and released by the Arkansas Pollution Control and Ecology Commission.

(1) The operator may submit any of the following three (3) types of bonds or substitute security: (A) A surety bond; (B) A collateral bond with supporting collateral consisting of irrevocable letters of credit or certificates of deposit in favor of the division; and (C) A self bond with an unencumbered right to certain property to be held by the division.

(A) A surety bond;

(B) A collateral bond with supporting collateral consisting of irrevocable letters of credit or certificates of deposit in favor of the division; and

(C) A self bond with an unencumbered right to certain property to be held by the division.

(2) Recommended bond forms shall be provided by the division. A variation of the language in all but the self bond form may be acceptable, provided the requirements of this subchapter and this Code are incorporated and the division approves the language.

(3) In the event self bonding is used, the following conditions apply: (A) The applicant must use the self bond form provided by the division; (B) The collateral to be offered must be appraised by a licensed appraiser approved by the operator and the division; (C) The operator must have unencumbered ownership of the collateral and provide proof of such ownership to the division; (D) The value of the collateral as bond will be eighty percent (80%) of the fair market value of the collateral as established by the appraiser; (E) Any collateral that decreases in value due to usage (rolling stock) will be not be acceptable; (F) In the event the collateral consists of real property, an environmental audit of the area must be provided to the division; and (G) Where applicable, a lien will be filed against the collateral until the affected area is reclaimed and released by the Arkansas Pollution Control and Ecology Commission.

(A) The applicant must use the self bond form provided by the division;

(B) The collateral to be offered must be appraised by a licensed appraiser approved by the operator and the division;

(C) The operator must have unencumbered ownership of the collateral and provide proof of such ownership to the division;

(D) The value of the collateral as bond will be eighty percent (80%) of the fair market value of the collateral as established by the appraiser;

(E) Any collateral that decreases in value due to usage (rolling stock) will be not be acceptable;

(F) In the event the collateral consists of real property, an environmental audit of the area must be provided to the division; and

(G) Where applicable, a lien will be filed against the collateral until the affected area is reclaimed and released by the Arkansas Pollution Control and Ecology Commission.

Amended by Act 2019, No. 910,§ 3133, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3132, eff. 7/1/2019.

Acts 1997, No. 1166, § 12; 1999, No. 1320, § 2.
Ark. Code Ann. § 15-4-306 — AR Code / Title 15 / Chapter 4 / Subchapter 3 / Section 15-4-306
Duties
Status: in_force

The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission shall: (1) Provide technical, managerial, and counseling services and assistance to minority business enterprises and women-owned business enterprises; (2) With the participation of other state departments and state agencies as appropriate: (A) Develop comprehensive plans and specific program goals for a minority business enterprise and women-owned business enterprise program; (B) Establish regular performance monitoring and reporting systems to assure that goals are being achieved; and (C) Evaluate the impact of federal and state support in achieving the objectives established by the Arkansas Economic Development Commission; (3) Implement state policy in support of minority business enterprise and development and women-owned business enterprise and development and coordinate the plans, programs, and operations of state government that affect or may contribute to the establishment, preservation, and strengthening of minority business enterprises and women-owned business enterprises; (4) Coordinate, make application for, and administer federal funding grants from the United States Minority Business Development Agency, the United States Small Business Administration, the United States Department of Veterans Affairs, and other federal agencies when applicable; (5) Promote the mobilization of activities and resources of state agencies and local governments, business and trade associations, universities, foundations, professional organizations, and volunteer and other groups toward the growth of minority business enterprises and women-owned business enterprises, and facilitate the coordination of the efforts of these groups with those of other state departments and state agencies; (6) Establish a center for the development, collection, and dissemination of information that will be helpful to persons and organizations throughout the state in undertaking or promoting the establishment and successful operation of minority business enterprises and women-owned business enterprises; (7) Conduct coordinated reviews of all proposed state training and technical assistance activities in direct support of the minority business enterprise and women-owned business enterprise program to ensure consistency with program goals and to preclude duplication of effort of other state agencies with overlapping jurisdictions; (8) Recommend appropriate legislative or executive actions to enhance minority business enterprise and women-owned business enterprise opportunities in this state; (9) Assist minority business enterprises and women-owned business enterprises in obtaining governmental or commercial financing for business expansion, establishment of new businesses, or industrial development projects; (10) Provide services to promote the organization of local development corporations for rural development and assist minority business enterprise and women-owned business enterprise persons in agrarian endeavors; (11) Assist minority business enterprises and women-owned business enterprises to promote reciprocal foreign trade and investment; (12) Assist minority and women-owned business persons in business contract procurement from governmental and private commercial sources; and (13) Provide a program effort to ensure participation of veterans and women in Arkansas minority business enterprise activities and women-owned business enterprise activities. Amended by Act 2017, No. 1080,§ 1, eff. 8/1/2017. Acts 2009, No. 1222, § 6.

The Division of Minority and Women-owned Business Enterprise of the Arkansas Economic Development Commission shall:

(1) Provide technical, managerial, and counseling services and assistance to minority business enterprises and women-owned business enterprises;

(2) With the participation of other state departments and state agencies as appropriate: (A) Develop comprehensive plans and specific program goals for a minority business enterprise and women-owned business enterprise program; (B) Establish regular performance monitoring and reporting systems to assure that goals are being achieved; and (C) Evaluate the impact of federal and state support in achieving the objectives established by the Arkansas Economic Development Commission;

(A) Develop comprehensive plans and specific program goals for a minority business enterprise and women-owned business enterprise program;

(B) Establish regular performance monitoring and reporting systems to assure that goals are being achieved; and

(C) Evaluate the impact of federal and state support in achieving the objectives established by the Arkansas Economic Development Commission;

(3) Implement state policy in support of minority business enterprise and development and women-owned business enterprise and development and coordinate the plans, programs, and operations of state government that affect or may contribute to the establishment, preservation, and strengthening of minority business enterprises and women-owned business enterprises;

(4) Coordinate, make application for, and administer federal funding grants from the United States Minority Business Development Agency, the United States Small Business Administration, the United States Department of Veterans Affairs, and other federal agencies when applicable;

(5) Promote the mobilization of activities and resources of state agencies and local governments, business and trade associations, universities, foundations, professional organizations, and volunteer and other groups toward the growth of minority business enterprises and women-owned business enterprises, and facilitate the coordination of the efforts of these groups with those of other state departments and state agencies;

(6) Establish a center for the development, collection, and dissemination of information that will be helpful to persons and organizations throughout the state in undertaking or promoting the establishment and successful operation of minority business enterprises and women-owned business enterprises;

(7) Conduct coordinated reviews of all proposed state training and technical assistance activities in direct support of the minority business enterprise and women-owned business enterprise program to ensure consistency with program goals and to preclude duplication of effort of other state agencies with overlapping jurisdictions;

(8) Recommend appropriate legislative or executive actions to enhance minority business enterprise and women-owned business enterprise opportunities in this state;

(9) Assist minority business enterprises and women-owned business enterprises in obtaining governmental or commercial financing for business expansion, establishment of new businesses, or industrial development projects;

(10) Provide services to promote the organization of local development corporations for rural development and assist minority business enterprise and women-owned business enterprise persons in agrarian endeavors;

(11) Assist minority business enterprises and women-owned business enterprises to promote reciprocal foreign trade and investment;

(12) Assist minority and women-owned business persons in business contract procurement from governmental and private commercial sources; and

(13) Provide a program effort to ensure participation of veterans and women in Arkansas minority business enterprise activities and women-owned business enterprise activities.

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

Acts 2009, No. 1222, § 6.
Ark. Code Ann. § 15-21-506 — AR Code / Title 15 / Chapter 21 / Subchapter 5 / Section 15-21-506
Procurement procedure - Definition
Status: in_force

(a) As used in this section, "technical and general services" means the same as defined in § 19-11-203 . (b) In the purchase of technical and general services associated with the creation, development, and maintenance of framework data, the Arkansas Geographic Information Systems Office may issue requests for proposals with technical specifications to be developed by the office. Added by Act 2015, No. 730,§ 7, eff. 7/1/2015.

(a) As used in this section, "technical and general services" means the same as defined in § 19-11-203 .

(b) In the purchase of technical and general services associated with the creation, development, and maintenance of framework data, the Arkansas Geographic Information Systems Office may issue requests for proposals with technical specifications to be developed by the office.

Added by Act 2015, No. 730,§ 7, eff. 7/1/2015.
Ark. Code Ann. § 15-72-218 — AR Code / Title 15 / Chapter 72 / Subchapter 2 / Section 15-72-218
Plugging dry or abandoned well by another
Status: in_force

Whenever any person is injured or threatened with injury by neglect to comply with the provisions of § 15-72-217 , it shall be lawful for that person, after notice to the owner, lessee, or caretaker of the premises upon which the well is located, to: (1) Enter upon the premises; (2) Fill and plug the well in the manner provided in § 15-72-217 ; and (3) Recover the expense thereof from the person, whose duty it was to fill up or plug the well in like manner. Debts of such amounts are recoverable, and the person shall have a lien upon the fixtures, machinery, and leasehold interest of the owner or operator of the well for all sums expended in filling and plugging the well, and for the costs of the suit, including a reasonable attorney's fee, to be fixed by the court. Acts 1917, No. 166, § 4, p. 890; C. & M. Dig., § 7302; Pope's Dig., § 9358; A.S.A. 1947, § 53-204.

Whenever any person is injured or threatened with injury by neglect to comply with the provisions of § 15-72-217 , it shall be lawful for that person, after notice to the owner, lessee, or caretaker of the premises upon which the well is located, to:

(1) Enter upon the premises;

(2) Fill and plug the well in the manner provided in § 15-72-217 ; and

(3) Recover the expense thereof from the person, whose duty it was to fill up or plug the well in like manner. Debts of such amounts are recoverable, and the person shall have a lien upon the fixtures, machinery, and leasehold interest of the owner or operator of the well for all sums expended in filling and plugging the well, and for the costs of the suit, including a reasonable attorney's fee, to be fixed by the court.

Acts 1917, No. 166, § 4, p. 890; C. & M. Dig., § 7302; Pope's Dig., § 9358; A.S.A. 1947, § 53-204.
Ark. Code Ann. § 15-4-3202 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3202
Definitions
Status: in_force

As used in this subchapter: (1) "Amendment 82 agreement" means a contract between the state and a sponsor under which the state is to provide Amendment 82 bond financing in exchange for the sponsor's agreeing to make an investment and to locate a new business or substantially expand an existing business in the State of Arkansas in accordance with the requirements of Arkansas Constitution, Amendment 82, and this subchapter. At a minimum, the agreement shall contain the following provisions: (A) The infrastructure needs or other needs, or both, to be provided by the state in support of the qualified Amendment 82 project and financed under Arkansas Constitution, Amendment 82, and this subchapter; (B) A description of all other economic incentives to be provided by the state in connection with the qualified Amendment 82 project; (C) The commitments of the sponsor, if any, with regard to investment and job creation associated with the qualified Amendment 82 project, including timetables for meeting and maintaining any investment and job creation requirements; (D) The agreement of the sponsor to make all specified records pertaining to the sponsor's commitments available for annual audit by the Chief Fiscal Officer of the State and, upon request, but no more often than annually, by the Office of Economic and Tax Policy of the Bureau of Legislative Research or a person or entity retained by the office; (E) Performance benchmarks and economic goals of the qualified Amendment 82 project; and (F) The penalties to be applied if the sponsor does not satisfy its commitments under the Amendment 82 agreement; (2) "Average hourly wage" means the weekly earnings, excluding overtime, bonuses, and company-paid benefits, of all new full-time permanent employees hired after the execution date of the Amendment 82 agreement divided by forty (40) and then divided by the number of new full-time permanent employees; (3) "Bonds" means general obligation bonds issued under Arkansas Constitution, Amendment 82, and this subchapter; (4) "Chief Fiscal Officer of the State" means the Chief Fiscal Officer of the State of Arkansas, who is also the Secretary of the Department of Finance and Administration; (5) "Contractual employee" means an employee who: (A) May be included in the payroll calculations of a sponsor qualifying for bond financing under Arkansas Constitution, Amendment 82, and this subchapter and is under the direct supervision of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter, but is an employee of a business other than the one receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter; (B) Otherwise meets the requirements of a new full-time permanent employee of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter; (C) Receives an average hourly wage that exceeds the lesser of: (i) The county average hourly wage for the county in which the position or job is located; or (ii) The state average hourly wage; and (D) Receives a benefits package, including, without limitation, health and retirement benefits comparable to direct employees of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter; (6) "County average hourly wage" means the weighted average weekly earnings for Arkansas residents in all industries countywide as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40); (7) "Debt service" means principal, interest, redemption premiums, if any, and servicing fees relative to the bonds, including without limitation: (A) Trustees' fees; (B) Paying agents' fees; (C) Dissemination agents' fees; (D) Administrative fees; (E) Issuer's fees; (F) Guarantee fees; (G) Counsel fees; and (H) Fees related to arbitrage compliance or rebate calculations; (8) (A) "Existing employee" means an employee hired by a sponsor before the date the Amendment 82 agreement was executed. (B) An existing employee may be considered a new full-time permanent employee for purposes of Arkansas Constitution, Amendment 82, and this subchapter only if: (i) The position or job filled by the existing employee was created in accordance with the Amendment 82 agreement; and (ii) The position vacated by the existing employee was filled by a subsequent employee who was not an existing employee, or no subsequent employee will be hired because the sponsor no longer conducts the particular business activity requiring that employee; (9) "Federal Deposit Insurance Corporation" means the federal agency by that name or any successor agency that insures deposits of commercial banks; (10) "General revenues" means the revenues of the state described and enumerated in § 19-6-201 or in any successor law; (11) "Infrastructure needs" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment used for the training; (H) Environmental mitigation or reclamation; (I) Training and research facilities and the necessary equipment for the facilities; or (J) Any other facility, activity, or infrastructure determined by the General Assembly to fall within the parameters of Arkansas Constitution, Amendment 82; (12) (A) "Investment" means money expended by the sponsor on capital assets physically located within the state and directly related to the qualified Amendment 82 project, but which are not required to be owned by the sponsor. (B) "Investment" shall not include amounts expended in aid of the qualified Amendment 82 project by the state under Arkansas Constitution, Amendment 82, and this subchapter, or otherwise, or amounts expended in aid of the qualified Amendment 82 project by a local entity, however financed, which are not required to be repaid by the sponsor; (13) "Letter of commitment" means a binding agreement signed by a sponsor and the Arkansas Economic Development Commission that at a minimum contains the following provisions: (A) A determination by the commission that the sponsor has the financial capability, business history, and corporate intent to implement and maintain a qualified Amendment 82 project; (B) A commitment by the sponsor that the sponsor intends to locate a new business or substantially expand an existing business in the State of Arkansas and a description of any other commitments made by the sponsor; (C) A tentative timetable for development of the proposed project; (D) The consequences if the sponsor does not satisfy its obligations under the letter of commitment; and (E) A statement from the commission that its obligation under the letter of commitment is limited to presenting the letter of commitment and supporting documentation to the Governor, who may or may not elect to present the proposal to the General Assembly for its consideration; (14) "Local entity" means any nonprofit corporation, county, city of the first class, city of the second class, incorporated town, improvement district, school district, or any agency or instrumentality of the state, including the Arkansas Development Finance Authority and the commission; (15) "Nationally recognized rating agency" means Moody's Investors Service, Inc., Standard & Poor's Ratings Services, Fitch Ratings, Inc., or any other nationally recognized rating agency approved by the Treasurer of State; (16) "New full-time permanent employee" means a position or job that is created under an Amendment 82 agreement and that is filled by one (1) employee or contractual employee who is an Arkansas taxpayer. In order to count toward the job creation requirements of Arkansas Constitution, Amendment 82, and this subchapter: (A) The position or job held by the employee must be filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours' work per week; (B) The employee must receive an average hourly wage that exceeds the lesser of: (i) The county average hourly wage for the county in which the position or job is located; or (ii) The state average hourly wage; (C) The employee must receive a benefits package, including without limitation, health and retirement benefits; and (D) The employee is not an existing employee; (17) (A) "New job" means a position for a new full-time permanent employee created at a qualified Amendment 82 project in the state. (B) "New job" shall not include a job filled by an existing employee; (18) "Other needs" means financial or other noninfrastructure incentives that are approved by the General Assembly as part of a qualified Amendment 82 project and may include, without limitation, transactions that include loans, grants, or lease arrangements; (19) "Outstanding bonded indebtedness" means the principal balance of all bonds issued under Arkansas Constitution, Amendment 82, and this subchapter; (20) "Project costs" means: (A) All or any part of the costs of infrastructure needs or other needs for a proposed or qualified Amendment 82 project and costs incidental or appropriate to the proposed or qualified Amendment 82 project, including without limitation: (i) All costs incurred by the sponsor in developing a proposed project or qualified Amendment 82 project, whether before or after the Amendment 82 agreement has been executed and bonds have been issued under this subchapter; and (ii) All costs to the commission associated with the development or operation of a qualified Amendment 82 project in a supervisory capacity; and (B) Costs incidental or appropriate to the financing of the proposed or qualified Amendment 82 project, including without limitation: (i) Capitalized interest; (ii) Costs of issuance; (iii) Funding of appropriate reserves for the bonds; (iv) Loan fees; (v) Guarantee fees; (vi) Commitment fees; (vii) Grant administration fees; (viii) Surety bond premiums; (ix) Bond insurance; (x) Credit enhancement; (xi) Fees of nationally recognized rating agencies; (xii) Liquidity facilities fees; and (xiii) Costs for engineering, legal, and other administrative and consultant services; (21) "Proposed project" means a project which if developed as proposed would meet the criteria for a qualified Amendment 82 project and is therefore properly considered under Arkansas Constitution, Amendment 82, and this subchapter; (22) "Qualified Amendment 82 project" means a proposed project that has satisfied the requirements of Arkansas Constitution, Amendment 82, and this subchapter with respect to which the General Assembly has approved the issuance of bonds under Arkansas Constitution, Amendment 82, and this subchapter; (23) "Related entity" means any entity or person that bears a relationship to the sponsor as described in 26 U.S.C. § 267 , as in existence on January 1, 2005; (24) "Sponsor" means a sole proprietor, partnership, corporation, limited liability company, joint venture, or association taxable as a business entity, or any combination of these entities, that qualifies as an eligible business under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq.; and (25) "State average hourly wage" means the weighted average weekly earnings for Arkansas residents in all industries statewide as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40). Amended by Act 2019, No. 910,§ 421, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 420, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 419, eff. 7/1/2019. Amended by Act 2017, No. 685,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 593,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 593,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 593,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 593,§ 1, eff. 7/22/2015. Acts 2005, No. 1981, § 1; 2011, No. 1047, §§ 1, 2.

As used in this subchapter:

(1) "Amendment 82 agreement" means a contract between the state and a sponsor under which the state is to provide Amendment 82 bond financing in exchange for the sponsor's agreeing to make an investment and to locate a new business or substantially expand an existing business in the State of Arkansas in accordance with the requirements of Arkansas Constitution, Amendment 82, and this subchapter. At a minimum, the agreement shall contain the following provisions: (A) The infrastructure needs or other needs, or both, to be provided by the state in support of the qualified Amendment 82 project and financed under Arkansas Constitution, Amendment 82, and this subchapter; (B) A description of all other economic incentives to be provided by the state in connection with the qualified Amendment 82 project; (C) The commitments of the sponsor, if any, with regard to investment and job creation associated with the qualified Amendment 82 project, including timetables for meeting and maintaining any investment and job creation requirements; (D) The agreement of the sponsor to make all specified records pertaining to the sponsor's commitments available for annual audit by the Chief Fiscal Officer of the State and, upon request, but no more often than annually, by the Office of Economic and Tax Policy of the Bureau of Legislative Research or a person or entity retained by the office; (E) Performance benchmarks and economic goals of the qualified Amendment 82 project; and (F) The penalties to be applied if the sponsor does not satisfy its commitments under the Amendment 82 agreement;

(A) The infrastructure needs or other needs, or both, to be provided by the state in support of the qualified Amendment 82 project and financed under Arkansas Constitution, Amendment 82, and this subchapter;

(B) A description of all other economic incentives to be provided by the state in connection with the qualified Amendment 82 project;

(C) The commitments of the sponsor, if any, with regard to investment and job creation associated with the qualified Amendment 82 project, including timetables for meeting and maintaining any investment and job creation requirements;

(D) The agreement of the sponsor to make all specified records pertaining to the sponsor's commitments available for annual audit by the Chief Fiscal Officer of the State and, upon request, but no more often than annually, by the Office of Economic and Tax Policy of the Bureau of Legislative Research or a person or entity retained by the office;

(E) Performance benchmarks and economic goals of the qualified Amendment 82 project; and

(F) The penalties to be applied if the sponsor does not satisfy its commitments under the Amendment 82 agreement;

(2) "Average hourly wage" means the weekly earnings, excluding overtime, bonuses, and company-paid benefits, of all new full-time permanent employees hired after the execution date of the Amendment 82 agreement divided by forty (40) and then divided by the number of new full-time permanent employees;

(3) "Bonds" means general obligation bonds issued under Arkansas Constitution, Amendment 82, and this subchapter;

(4) "Chief Fiscal Officer of the State" means the Chief Fiscal Officer of the State of Arkansas, who is also the Secretary of the Department of Finance and Administration;

(5) "Contractual employee" means an employee who: (A) May be included in the payroll calculations of a sponsor qualifying for bond financing under Arkansas Constitution, Amendment 82, and this subchapter and is under the direct supervision of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter, but is an employee of a business other than the one receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter; (B) Otherwise meets the requirements of a new full-time permanent employee of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter; (C) Receives an average hourly wage that exceeds the lesser of: (i) The county average hourly wage for the county in which the position or job is located; or (ii) The state average hourly wage; and (D) Receives a benefits package, including, without limitation, health and retirement benefits comparable to direct employees of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter;

(A) May be included in the payroll calculations of a sponsor qualifying for bond financing under Arkansas Constitution, Amendment 82, and this subchapter and is under the direct supervision of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter, but is an employee of a business other than the one receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter;

(B) Otherwise meets the requirements of a new full-time permanent employee of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter;

(C) Receives an average hourly wage that exceeds the lesser of: (i) The county average hourly wage for the county in which the position or job is located; or (ii) The state average hourly wage; and

(i) The county average hourly wage for the county in which the position or job is located; or

(ii) The state average hourly wage; and

(D) Receives a benefits package, including, without limitation, health and retirement benefits comparable to direct employees of the sponsor receiving benefits under Arkansas Constitution, Amendment 82, and this subchapter;

(6) "County average hourly wage" means the weighted average weekly earnings for Arkansas residents in all industries countywide as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40);

(7) "Debt service" means principal, interest, redemption premiums, if any, and servicing fees relative to the bonds, including without limitation: (A) Trustees' fees; (B) Paying agents' fees; (C) Dissemination agents' fees; (D) Administrative fees; (E) Issuer's fees; (F) Guarantee fees; (G) Counsel fees; and (H) Fees related to arbitrage compliance or rebate calculations;

(A) Trustees' fees;

(B) Paying agents' fees;

(C) Dissemination agents' fees;

(D) Administrative fees;

(E) Issuer's fees;

(F) Guarantee fees;

(G) Counsel fees; and

(H) Fees related to arbitrage compliance or rebate calculations;

(8) (A) "Existing employee" means an employee hired by a sponsor before the date the Amendment 82 agreement was executed. (B) An existing employee may be considered a new full-time permanent employee for purposes of Arkansas Constitution, Amendment 82, and this subchapter only if: (i) The position or job filled by the existing employee was created in accordance with the Amendment 82 agreement; and (ii) The position vacated by the existing employee was filled by a subsequent employee who was not an existing employee, or no subsequent employee will be hired because the sponsor no longer conducts the particular business activity requiring that employee;

(A) "Existing employee" means an employee hired by a sponsor before the date the Amendment 82 agreement was executed.

(B) An existing employee may be considered a new full-time permanent employee for purposes of Arkansas Constitution, Amendment 82, and this subchapter only if: (i) The position or job filled by the existing employee was created in accordance with the Amendment 82 agreement; and (ii) The position vacated by the existing employee was filled by a subsequent employee who was not an existing employee, or no subsequent employee will be hired because the sponsor no longer conducts the particular business activity requiring that employee;

(i) The position or job filled by the existing employee was created in accordance with the Amendment 82 agreement; and

(ii) The position vacated by the existing employee was filled by a subsequent employee who was not an existing employee, or no subsequent employee will be hired because the sponsor no longer conducts the particular business activity requiring that employee;

(9) "Federal Deposit Insurance Corporation" means the federal agency by that name or any successor agency that insures deposits of commercial banks;

(10) "General revenues" means the revenues of the state described and enumerated in § 19-6-201 or in any successor law;

(11) "Infrastructure needs" means: (A) Land acquisition; (B) Site preparation; (C) Road and highway improvements; (D) Rail spur, railroad, and railport construction; (E) Water service; (F) Wastewater treatment; (G) Employee training, which may include equipment used for the training; (H) Environmental mitigation or reclamation; (I) Training and research facilities and the necessary equipment for the facilities; or (J) Any other facility, activity, or infrastructure determined by the General Assembly to fall within the parameters of Arkansas Constitution, Amendment 82;

(A) Land acquisition;

(B) Site preparation;

(C) Road and highway improvements;

(D) Rail spur, railroad, and railport construction;

(E) Water service;

(F) Wastewater treatment;

(G) Employee training, which may include equipment used for the training;

(H) Environmental mitigation or reclamation;

(I) Training and research facilities and the necessary equipment for the facilities; or

(J) Any other facility, activity, or infrastructure determined by the General Assembly to fall within the parameters of Arkansas Constitution, Amendment 82;

(12) (A) "Investment" means money expended by the sponsor on capital assets physically located within the state and directly related to the qualified Amendment 82 project, but which are not required to be owned by the sponsor. (B) "Investment" shall not include amounts expended in aid of the qualified Amendment 82 project by the state under Arkansas Constitution, Amendment 82, and this subchapter, or otherwise, or amounts expended in aid of the qualified Amendment 82 project by a local entity, however financed, which are not required to be repaid by the sponsor;

(A) "Investment" means money expended by the sponsor on capital assets physically located within the state and directly related to the qualified Amendment 82 project, but which are not required to be owned by the sponsor.

(B) "Investment" shall not include amounts expended in aid of the qualified Amendment 82 project by the state under Arkansas Constitution, Amendment 82, and this subchapter, or otherwise, or amounts expended in aid of the qualified Amendment 82 project by a local entity, however financed, which are not required to be repaid by the sponsor;

(13) "Letter of commitment" means a binding agreement signed by a sponsor and the Arkansas Economic Development Commission that at a minimum contains the following provisions: (A) A determination by the commission that the sponsor has the financial capability, business history, and corporate intent to implement and maintain a qualified Amendment 82 project; (B) A commitment by the sponsor that the sponsor intends to locate a new business or substantially expand an existing business in the State of Arkansas and a description of any other commitments made by the sponsor; (C) A tentative timetable for development of the proposed project; (D) The consequences if the sponsor does not satisfy its obligations under the letter of commitment; and (E) A statement from the commission that its obligation under the letter of commitment is limited to presenting the letter of commitment and supporting documentation to the Governor, who may or may not elect to present the proposal to the General Assembly for its consideration;

(A) A determination by the commission that the sponsor has the financial capability, business history, and corporate intent to implement and maintain a qualified Amendment 82 project;

(B) A commitment by the sponsor that the sponsor intends to locate a new business or substantially expand an existing business in the State of Arkansas and a description of any other commitments made by the sponsor;

(C) A tentative timetable for development of the proposed project;

(D) The consequences if the sponsor does not satisfy its obligations under the letter of commitment; and

(E) A statement from the commission that its obligation under the letter of commitment is limited to presenting the letter of commitment and supporting documentation to the Governor, who may or may not elect to present the proposal to the General Assembly for its consideration;

(14) "Local entity" means any nonprofit corporation, county, city of the first class, city of the second class, incorporated town, improvement district, school district, or any agency or instrumentality of the state, including the Arkansas Development Finance Authority and the commission;

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

(16) "New full-time permanent employee" means a position or job that is created under an Amendment 82 agreement and that is filled by one (1) employee or contractual employee who is an Arkansas taxpayer. In order to count toward the job creation requirements of Arkansas Constitution, Amendment 82, and this subchapter: (A) The position or job held by the employee must be filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours' work per week; (B) The employee must receive an average hourly wage that exceeds the lesser of: (i) The county average hourly wage for the county in which the position or job is located; or (ii) The state average hourly wage; (C) The employee must receive a benefits package, including without limitation, health and retirement benefits; and (D) The employee is not an existing employee;

(A) The position or job held by the employee must be filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours' work per week;

(B) The employee must receive an average hourly wage that exceeds the lesser of: (i) The county average hourly wage for the county in which the position or job is located; or (ii) The state average hourly wage;

(i) The county average hourly wage for the county in which the position or job is located; or

(ii) The state average hourly wage;

(C) The employee must receive a benefits package, including without limitation, health and retirement benefits; and

(D) The employee is not an existing employee;

(17) (A) "New job" means a position for a new full-time permanent employee created at a qualified Amendment 82 project in the state. (B) "New job" shall not include a job filled by an existing employee;

(A) "New job" means a position for a new full-time permanent employee created at a qualified Amendment 82 project in the state.

(B) "New job" shall not include a job filled by an existing employee;

(18) "Other needs" means financial or other noninfrastructure incentives that are approved by the General Assembly as part of a qualified Amendment 82 project and may include, without limitation, transactions that include loans, grants, or lease arrangements;

(19) "Outstanding bonded indebtedness" means the principal balance of all bonds issued under Arkansas Constitution, Amendment 82, and this subchapter;

(20) "Project costs" means: (A) All or any part of the costs of infrastructure needs or other needs for a proposed or qualified Amendment 82 project and costs incidental or appropriate to the proposed or qualified Amendment 82 project, including without limitation: (i) All costs incurred by the sponsor in developing a proposed project or qualified Amendment 82 project, whether before or after the Amendment 82 agreement has been executed and bonds have been issued under this subchapter; and (ii) All costs to the commission associated with the development or operation of a qualified Amendment 82 project in a supervisory capacity; and (B) Costs incidental or appropriate to the financing of the proposed or qualified Amendment 82 project, including without limitation: (i) Capitalized interest; (ii) Costs of issuance; (iii) Funding of appropriate reserves for the bonds; (iv) Loan fees; (v) Guarantee fees; (vi) Commitment fees; (vii) Grant administration fees; (viii) Surety bond premiums; (ix) Bond insurance; (x) Credit enhancement; (xi) Fees of nationally recognized rating agencies; (xii) Liquidity facilities fees; and (xiii) Costs for engineering, legal, and other administrative and consultant services;

(A) All or any part of the costs of infrastructure needs or other needs for a proposed or qualified Amendment 82 project and costs incidental or appropriate to the proposed or qualified Amendment 82 project, including without limitation: (i) All costs incurred by the sponsor in developing a proposed project or qualified Amendment 82 project, whether before or after the Amendment 82 agreement has been executed and bonds have been issued under this subchapter; and (ii) All costs to the commission associated with the development or operation of a qualified Amendment 82 project in a supervisory capacity; and

(i) All costs incurred by the sponsor in developing a proposed project or qualified Amendment 82 project, whether before or after the Amendment 82 agreement has been executed and bonds have been issued under this subchapter; and

(ii) All costs to the commission associated with the development or operation of a qualified Amendment 82 project in a supervisory capacity; and

(B) Costs incidental or appropriate to the financing of the proposed or qualified Amendment 82 project, including without limitation: (i) Capitalized interest; (ii) Costs of issuance; (iii) Funding of appropriate reserves for the bonds; (iv) Loan fees; (v) Guarantee fees; (vi) Commitment fees; (vii) Grant administration fees; (viii) Surety bond premiums; (ix) Bond insurance; (x) Credit enhancement; (xi) Fees of nationally recognized rating agencies; (xii) Liquidity facilities fees; and (xiii) Costs for engineering, legal, and other administrative and consultant services;

(i) Capitalized interest;

(ii) Costs of issuance;

(iii) Funding of appropriate reserves for the bonds;

(iv) Loan fees;

(v) Guarantee fees;

(vi) Commitment fees;

(vii) Grant administration fees;

(viii) Surety bond premiums;

(ix) Bond insurance;

(x) Credit enhancement;

(xi) Fees of nationally recognized rating agencies;

(xii) Liquidity facilities fees; and

(xiii) Costs for engineering, legal, and other administrative and consultant services;

(21) "Proposed project" means a project which if developed as proposed would meet the criteria for a qualified Amendment 82 project and is therefore properly considered under Arkansas Constitution, Amendment 82, and this subchapter;

(22) "Qualified Amendment 82 project" means a proposed project that has satisfied the requirements of Arkansas Constitution, Amendment 82, and this subchapter with respect to which the General Assembly has approved the issuance of bonds under Arkansas Constitution, Amendment 82, and this subchapter;

(23) "Related entity" means any entity or person that bears a relationship to the sponsor as described in 26 U.S.C. § 267 , as in existence on January 1, 2005;

(24) "Sponsor" means a sole proprietor, partnership, corporation, limited liability company, joint venture, or association taxable as a business entity, or any combination of these entities, that qualifies as an eligible business under the Consolidated Incentive Act of 2003, § 15-4-2701 et seq.; and

(25) "State average hourly wage" means the weighted average weekly earnings for Arkansas residents in all industries statewide as calculated by the Division of Workforce Services in its most recent Annual Covered Employment and Earnings publication, divided by forty (40).

Amended by Act 2019, No. 910,§ 421, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 420, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 419, eff. 7/1/2019.

Amended by Act 2017, No. 685,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 593,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 593,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 593,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 593,§ 1, eff. 7/22/2015.

Acts 2005, No. 1981, § 1; 2011, No. 1047, §§ 1, 2.
Ark. Code Ann. § 15-75-203 — AR Code / Title 15 / Chapter 75 / Subchapter 2 / Section 15-75-203
Office - Seal
Status: in_force

The Liquefied Petroleum Gas Board shall: (1) Maintain its office in Pulaski County; (2) Acquire suitable quarters for the conduct of its business; and (3) Adopt and use a common seal for the authentication of its orders and records. Acts 1965, No. 31, §§ 1, 10; A.S.A. 1947, §§ 53-701, 53-709; Acts 1999, No. 225, § 1.

The Liquefied Petroleum Gas Board shall:

(1) Maintain its office in Pulaski County;

(2) Acquire suitable quarters for the conduct of its business; and

(3) Adopt and use a common seal for the authentication of its orders and records.

Acts 1965, No. 31, §§ 1, 10; A.S.A. 1947, §§ 53-701, 53-709; Acts 1999, No. 225, § 1.
Ark. Code Ann. § 15-4-1211 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1211
Articles of incorporation or articles of organization
Status: in_force

(a) The articles of incorporation for any corporation or the articles of organization of any limited liability company organized under the provisions of this subchapter shall state: (1) The name of the company, which shall include the words "County Industrial Development Company" if the proposed company is to serve a single county, or "Regional Industrial Development Company" if the proposed company is to serve a region larger than a single county, and such designation as may be appropriate to distinguish it from any subsequent company which may be organized under the provisions of this subchapter, and the name shall be such as to distinguish it from any other corporation, limited liability company, limited partnership, limited liability partnership, and limited liability limited partnership organized and existing under the laws of the State of Arkansas as evidenced by the Secretary of State in writing; (2) The purpose for which the company is formed; (3) The period of duration of the company, which for a corporation may be perpetual or limited, but which for a limited liability company must be for a stated term; (4) The address of the principal office of the company and the name and address of its agent upon whom process may be served; (5) The total number of shares of common stock that the corporation is authorized to issue, which number shall be not less than one hundred (100) shares of common stock, each share having a par value of one hundred dollars ($100) in the case of a corporation or the total units of interest in the limited liability company that the limited liability company is authorized to issue, which number shall not be less than one hundred (100) units of interest, each unit of interest having a stated value of one hundred dollars ($100); (6) The total number of shares of stock of any other class or distinction which a corporation is authorized to issue and its par value, if any, in the case of a corporation or the total number of units of other interests in a limited liability company that a limited liability company is authorized to issue and its stated value and preferences or limitations, if any; (7) That no stockholder or member shall have preemptive rights with respect to any additional equity issued by the company or with respect to any debt issued by the company; (8) That no stockholder shall be entitled to own more than ten percent (10%) of the total number of shares of voting stock issued at any time or that no member shall be entitled to own more than ten percent (10%) of the total units of interest of a limited liability company issued at any time; (9) (A) In the case of a corporation, the number of directors, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the holders of stock entitled to vote for the election of directors, in the case of a regional corporation, the requirement that at least one (1) director shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the directors being residents of any single county, the terms of office of the directors, and any provisions desirable for staggering their terms of office. (B) However, the terms of office of directors and other matters pertaining to the directors may be provided in the bylaws of the corporation; (10) (A) In the case of a limited liability company, the number of members of the management committee, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the members of the limited liability company entitled to vote for the election of the members of the management committee, in the case of a regional limited liability company, the requirement that at least one (1) member of the management committee shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the members of the management committee being residents of any single county, the terms of office of the members of the management committee, and any provisions desirable for staggering their terms of office. (B) However, the terms of office of members of the management committee and other matters pertaining to the members of the management committee may be provided in the operating agreement of the limited liability company; (11) The names and addresses of the incorporators or organizers who shall constitute the board of directors or the management committee and manage the affairs of the company until the first meeting of the holders of the common stock or until the first meeting of the members of the limited liability company; (12) (A) In the case of a limited liability company, that such an entity shall be a manager-managed limited liability company and shall be governed by a management committee elected by the holders of the units of interest of the limited liability company. (B) The management committee shall appoint a chief operating officer, a chief financial officer, and such other officers as it deems appropriate; (13) (A) In the case of a corporation, that the shares of the corporation shall be issued at such prices and with such rights and preferences as stated in the articles of incorporation, the bylaws, and as stated by the board of directors. (B) In the case of a limited liability company, the ownership of the limited liability company shall be represented by units of interest that shall be issued at such prices and with such rights and preferences as stated in the articles of organization, the operating agreement, or as stated by the management committee of the limited liability company. (C) (i) Stock and units of interest may be issued for consideration consisting of money paid, labor done, or property actually received, but neither promissory notes nor the promise of future services shall constitute valid consideration. (ii) In all cases, shares or units of interest shall be issued at not less than the par value of one hundred dollars ($100) per share or the stated value of one hundred dollars ($100) per unit of interest; and (14) Any provisions not inconsistent with law which the incorporators or organizers may choose to insert for the regulation of the business and the conduct of the affairs of the company. (b) It shall not be necessary to set forth in the articles of incorporation or the articles of organization or the operating agreement any of the company powers enumerated in this subchapter. Acts 1991, No. 1029, § 9; 1999, No. 37, § 10.

(a) The articles of incorporation for any corporation or the articles of organization of any limited liability company organized under the provisions of this subchapter shall state: (1) The name of the company, which shall include the words "County Industrial Development Company" if the proposed company is to serve a single county, or "Regional Industrial Development Company" if the proposed company is to serve a region larger than a single county, and such designation as may be appropriate to distinguish it from any subsequent company which may be organized under the provisions of this subchapter, and the name shall be such as to distinguish it from any other corporation, limited liability company, limited partnership, limited liability partnership, and limited liability limited partnership organized and existing under the laws of the State of Arkansas as evidenced by the Secretary of State in writing; (2) The purpose for which the company is formed; (3) The period of duration of the company, which for a corporation may be perpetual or limited, but which for a limited liability company must be for a stated term; (4) The address of the principal office of the company and the name and address of its agent upon whom process may be served; (5) The total number of shares of common stock that the corporation is authorized to issue, which number shall be not less than one hundred (100) shares of common stock, each share having a par value of one hundred dollars ($100) in the case of a corporation or the total units of interest in the limited liability company that the limited liability company is authorized to issue, which number shall not be less than one hundred (100) units of interest, each unit of interest having a stated value of one hundred dollars ($100); (6) The total number of shares of stock of any other class or distinction which a corporation is authorized to issue and its par value, if any, in the case of a corporation or the total number of units of other interests in a limited liability company that a limited liability company is authorized to issue and its stated value and preferences or limitations, if any; (7) That no stockholder or member shall have preemptive rights with respect to any additional equity issued by the company or with respect to any debt issued by the company; (8) That no stockholder shall be entitled to own more than ten percent (10%) of the total number of shares of voting stock issued at any time or that no member shall be entitled to own more than ten percent (10%) of the total units of interest of a limited liability company issued at any time; (9) (A) In the case of a corporation, the number of directors, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the holders of stock entitled to vote for the election of directors, in the case of a regional corporation, the requirement that at least one (1) director shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the directors being residents of any single county, the terms of office of the directors, and any provisions desirable for staggering their terms of office. (B) However, the terms of office of directors and other matters pertaining to the directors may be provided in the bylaws of the corporation; (10) (A) In the case of a limited liability company, the number of members of the management committee, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the members of the limited liability company entitled to vote for the election of the members of the management committee, in the case of a regional limited liability company, the requirement that at least one (1) member of the management committee shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the members of the management committee being residents of any single county, the terms of office of the members of the management committee, and any provisions desirable for staggering their terms of office. (B) However, the terms of office of members of the management committee and other matters pertaining to the members of the management committee may be provided in the operating agreement of the limited liability company; (11) The names and addresses of the incorporators or organizers who shall constitute the board of directors or the management committee and manage the affairs of the company until the first meeting of the holders of the common stock or until the first meeting of the members of the limited liability company; (12) (A) In the case of a limited liability company, that such an entity shall be a manager-managed limited liability company and shall be governed by a management committee elected by the holders of the units of interest of the limited liability company. (B) The management committee shall appoint a chief operating officer, a chief financial officer, and such other officers as it deems appropriate; (13) (A) In the case of a corporation, that the shares of the corporation shall be issued at such prices and with such rights and preferences as stated in the articles of incorporation, the bylaws, and as stated by the board of directors. (B) In the case of a limited liability company, the ownership of the limited liability company shall be represented by units of interest that shall be issued at such prices and with such rights and preferences as stated in the articles of organization, the operating agreement, or as stated by the management committee of the limited liability company. (C) (i) Stock and units of interest may be issued for consideration consisting of money paid, labor done, or property actually received, but neither promissory notes nor the promise of future services shall constitute valid consideration. (ii) In all cases, shares or units of interest shall be issued at not less than the par value of one hundred dollars ($100) per share or the stated value of one hundred dollars ($100) per unit of interest; and (14) Any provisions not inconsistent with law which the incorporators or organizers may choose to insert for the regulation of the business and the conduct of the affairs of the company.

(1) The name of the company, which shall include the words "County Industrial Development Company" if the proposed company is to serve a single county, or "Regional Industrial Development Company" if the proposed company is to serve a region larger than a single county, and such designation as may be appropriate to distinguish it from any subsequent company which may be organized under the provisions of this subchapter, and the name shall be such as to distinguish it from any other corporation, limited liability company, limited partnership, limited liability partnership, and limited liability limited partnership organized and existing under the laws of the State of Arkansas as evidenced by the Secretary of State in writing;

(2) The purpose for which the company is formed;

(3) The period of duration of the company, which for a corporation may be perpetual or limited, but which for a limited liability company must be for a stated term;

(4) The address of the principal office of the company and the name and address of its agent upon whom process may be served;

(5) The total number of shares of common stock that the corporation is authorized to issue, which number shall be not less than one hundred (100) shares of common stock, each share having a par value of one hundred dollars ($100) in the case of a corporation or the total units of interest in the limited liability company that the limited liability company is authorized to issue, which number shall not be less than one hundred (100) units of interest, each unit of interest having a stated value of one hundred dollars ($100);

(6) The total number of shares of stock of any other class or distinction which a corporation is authorized to issue and its par value, if any, in the case of a corporation or the total number of units of other interests in a limited liability company that a limited liability company is authorized to issue and its stated value and preferences or limitations, if any;

(7) That no stockholder or member shall have preemptive rights with respect to any additional equity issued by the company or with respect to any debt issued by the company;

(8) That no stockholder shall be entitled to own more than ten percent (10%) of the total number of shares of voting stock issued at any time or that no member shall be entitled to own more than ten percent (10%) of the total units of interest of a limited liability company issued at any time;

(9) (A) In the case of a corporation, the number of directors, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the holders of stock entitled to vote for the election of directors, in the case of a regional corporation, the requirement that at least one (1) director shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the directors being residents of any single county, the terms of office of the directors, and any provisions desirable for staggering their terms of office. (B) However, the terms of office of directors and other matters pertaining to the directors may be provided in the bylaws of the corporation;

(A) In the case of a corporation, the number of directors, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the holders of stock entitled to vote for the election of directors, in the case of a regional corporation, the requirement that at least one (1) director shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the directors being residents of any single county, the terms of office of the directors, and any provisions desirable for staggering their terms of office.

(B) However, the terms of office of directors and other matters pertaining to the directors may be provided in the bylaws of the corporation;

(10) (A) In the case of a limited liability company, the number of members of the management committee, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the members of the limited liability company entitled to vote for the election of the members of the management committee, in the case of a regional limited liability company, the requirement that at least one (1) member of the management committee shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the members of the management committee being residents of any single county, the terms of office of the members of the management committee, and any provisions desirable for staggering their terms of office. (B) However, the terms of office of members of the management committee and other matters pertaining to the members of the management committee may be provided in the operating agreement of the limited liability company;

(A) In the case of a limited liability company, the number of members of the management committee, not fewer than six (6) nor more than fifteen (15), to be elected at the annual meeting of the members of the limited liability company entitled to vote for the election of the members of the management committee, in the case of a regional limited liability company, the requirement that at least one (1) member of the management committee shall be a resident of each county composing the region and a prohibition of more than one-third (1/3) of the members of the management committee being residents of any single county, the terms of office of the members of the management committee, and any provisions desirable for staggering their terms of office.

(B) However, the terms of office of members of the management committee and other matters pertaining to the members of the management committee may be provided in the operating agreement of the limited liability company;

(11) The names and addresses of the incorporators or organizers who shall constitute the board of directors or the management committee and manage the affairs of the company until the first meeting of the holders of the common stock or until the first meeting of the members of the limited liability company;

(12) (A) In the case of a limited liability company, that such an entity shall be a manager-managed limited liability company and shall be governed by a management committee elected by the holders of the units of interest of the limited liability company. (B) The management committee shall appoint a chief operating officer, a chief financial officer, and such other officers as it deems appropriate;

(A) In the case of a limited liability company, that such an entity shall be a manager-managed limited liability company and shall be governed by a management committee elected by the holders of the units of interest of the limited liability company.

(B) The management committee shall appoint a chief operating officer, a chief financial officer, and such other officers as it deems appropriate;

(13) (A) In the case of a corporation, that the shares of the corporation shall be issued at such prices and with such rights and preferences as stated in the articles of incorporation, the bylaws, and as stated by the board of directors. (B) In the case of a limited liability company, the ownership of the limited liability company shall be represented by units of interest that shall be issued at such prices and with such rights and preferences as stated in the articles of organization, the operating agreement, or as stated by the management committee of the limited liability company. (C) (i) Stock and units of interest may be issued for consideration consisting of money paid, labor done, or property actually received, but neither promissory notes nor the promise of future services shall constitute valid consideration. (ii) In all cases, shares or units of interest shall be issued at not less than the par value of one hundred dollars ($100) per share or the stated value of one hundred dollars ($100) per unit of interest; and

(A) In the case of a corporation, that the shares of the corporation shall be issued at such prices and with such rights and preferences as stated in the articles of incorporation, the bylaws, and as stated by the board of directors.

(B) In the case of a limited liability company, the ownership of the limited liability company shall be represented by units of interest that shall be issued at such prices and with such rights and preferences as stated in the articles of organization, the operating agreement, or as stated by the management committee of the limited liability company.

(C) (i) Stock and units of interest may be issued for consideration consisting of money paid, labor done, or property actually received, but neither promissory notes nor the promise of future services shall constitute valid consideration. (ii) In all cases, shares or units of interest shall be issued at not less than the par value of one hundred dollars ($100) per share or the stated value of one hundred dollars ($100) per unit of interest; and

(i) Stock and units of interest may be issued for consideration consisting of money paid, labor done, or property actually received, but neither promissory notes nor the promise of future services shall constitute valid consideration.

(ii) In all cases, shares or units of interest shall be issued at not less than the par value of one hundred dollars ($100) per share or the stated value of one hundred dollars ($100) per unit of interest; and

(14) Any provisions not inconsistent with law which the incorporators or organizers may choose to insert for the regulation of the business and the conduct of the affairs of the company.

(b) It shall not be necessary to set forth in the articles of incorporation or the articles of organization or the operating agreement any of the company powers enumerated in this subchapter.

Acts 1991, No. 1029, § 9; 1999, No. 37, § 10.
Ark. Code Ann. § 15-57-313 — AR Code / Title 15 / Chapter 57 / Subchapter 3 / Section 15-57-313
Withdrawal of land covered by permit
Status: in_force

An operator may withdraw any land covered by a permit, except affected land, by notifying the Division of Environmental Quality, in which case the penalty of the bond or substituted security filed by the operator pursuant to the provisions of this subchapter shall be reduced proportionately. Amended by Act 2019, No. 910,§ 3092, eff. 7/1/2019. Acts 1991, No. 827, § 12.

An operator may withdraw any land covered by a permit, except affected land, by notifying the Division of Environmental Quality, in which case the penalty of the bond or substituted security filed by the operator pursuant to the provisions of this subchapter shall be reduced proportionately.

Amended by Act 2019, No. 910,§ 3092, eff. 7/1/2019.

Acts 1991, No. 827, § 12.
Ark. Code Ann. § 15-11-306 — AR Code / Title 15 / Chapter 11 / Subchapter 3 / Section 15-11-306
Authority to lease facilities
Status: in_force

(a) The Department of Parks, Heritage, and Tourism may lease existing buildings and facilities for operation as tourist information bureaus at or near the major highway points of entry into this state and may pay the necessary cost of maintenance, upkeep, and operation of the leased buildings and facilities. (b) If it becomes necessary for the department to cease to operate any tourist information bureau in the state as a result of the shortage of funds, the State Parks, Recreation, and Travel Commission shall lease the tourist information bureau facility to a municipality or county in which the tourist information bureau is located or to a nonprofit organization approved by the commission for an annual lease payment of ten dollars ($10.00) per year to be operated by the lessee in a manner approved by the commission. Amended by Act 2019, No. 910,§ 5635, eff. 7/1/2019. Amended by Act 2017, No. 374,§ 21, eff. 8/1/2017. Acts 1965, No. 174, § 1; 1981, No. 931, § 28; A.S.A. 1947, §§ 9-215, 9-216.

(a) The Department of Parks, Heritage, and Tourism may lease existing buildings and facilities for operation as tourist information bureaus at or near the major highway points of entry into this state and may pay the necessary cost of maintenance, upkeep, and operation of the leased buildings and facilities.

(b) If it becomes necessary for the department to cease to operate any tourist information bureau in the state as a result of the shortage of funds, the State Parks, Recreation, and Travel Commission shall lease the tourist information bureau facility to a municipality or county in which the tourist information bureau is located or to a nonprofit organization approved by the commission for an annual lease payment of ten dollars ($10.00) per year to be operated by the lessee in a manner approved by the commission.

Amended by Act 2019, No. 910,§ 5635, eff. 7/1/2019.

Amended by Act 2017, No. 374,§ 21, eff. 8/1/2017.

Acts 1965, No. 174, § 1; 1981, No. 931, § 28; A.S.A. 1947, §§ 9-215, 9-216.
Ark. Code Ann. § 15-4-3224 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3224
Public reporting requirements
Status: in_force

(a) The reports delivered to the General Assembly under § 15-4-3203(i)(2) and (3) shall be available to the general public under the same policies and procedures that generally apply with respect to reports to the General Assembly. (b) (1) During the term of an Amendment 82 agreement, the Arkansas Economic Development Commission shall provide a report to the Legislative Council no less frequently than annually with respect to the status of the applicable qualified Amendment 82 project which details the sponsor's compliance with the provisions of the Amendment 82 agreement. (2) At a minimum, the commission's report shall address: (A) A description of the infrastructure needs and other needs provided by the state under Arkansas Constitution, Amendment 82, and this subchapter and costs associated with each item; (B) A description of how the sponsor has satisfied the investment and job creation requirements of the Amendment 82 agreement, including performance benchmarks and economic goals as specifically defined in the Amendment 82 agreement; (C) The number of jobs created by each qualified Amendment 82 project and average hourly wages for each project; (D) A description of the benefits package, including, without limitation, health and retirement benefits received by hourly employees; (E) A comparison of the total number of new jobs and annual payroll by the sponsor pertaining to the qualified Amendment 82 project on the date the Amendment 82 agreement was executed and the end date of the calendar year before the filing of this report; and (F) The application of any penalties for failure of the sponsor to satisfy its commitments under an Amendment 82 agreement. (c) At the end of a ten-year period following the beginning of operation of the Amendment 82 project, the General Assembly may request a third party cost-benefit analysis to accurately determine the total project costs and the total benefits received by the state from the qualified Amendment 82 project. (d) While Amendment 82 bonds are outstanding, the Arkansas Development Finance Authority shall provide a report to the Legislative Council, no less frequently than annually, with respect to the status of the Amendment 82 bonds. The report shall contain the information required by § 19-9-502 . (e) During the term of an Amendment 82 agreement, the Chief Fiscal Officer of the State shall provide a report to the Legislative Council, no less frequently than annually, with respect to the dates and costs of all economic incentives received by each qualified Amendment 82 project except as restricted by law. Acts 2005, No. 1981, § 1.

(a) The reports delivered to the General Assembly under § 15-4-3203(i)(2) and (3) shall be available to the general public under the same policies and procedures that generally apply with respect to reports to the General Assembly.

(b) (1) During the term of an Amendment 82 agreement, the Arkansas Economic Development Commission shall provide a report to the Legislative Council no less frequently than annually with respect to the status of the applicable qualified Amendment 82 project which details the sponsor's compliance with the provisions of the Amendment 82 agreement. (2) At a minimum, the commission's report shall address: (A) A description of the infrastructure needs and other needs provided by the state under Arkansas Constitution, Amendment 82, and this subchapter and costs associated with each item; (B) A description of how the sponsor has satisfied the investment and job creation requirements of the Amendment 82 agreement, including performance benchmarks and economic goals as specifically defined in the Amendment 82 agreement; (C) The number of jobs created by each qualified Amendment 82 project and average hourly wages for each project; (D) A description of the benefits package, including, without limitation, health and retirement benefits received by hourly employees; (E) A comparison of the total number of new jobs and annual payroll by the sponsor pertaining to the qualified Amendment 82 project on the date the Amendment 82 agreement was executed and the end date of the calendar year before the filing of this report; and (F) The application of any penalties for failure of the sponsor to satisfy its commitments under an Amendment 82 agreement.

(1) During the term of an Amendment 82 agreement, the Arkansas Economic Development Commission shall provide a report to the Legislative Council no less frequently than annually with respect to the status of the applicable qualified Amendment 82 project which details the sponsor's compliance with the provisions of the Amendment 82 agreement.

(2) At a minimum, the commission's report shall address: (A) A description of the infrastructure needs and other needs provided by the state under Arkansas Constitution, Amendment 82, and this subchapter and costs associated with each item; (B) A description of how the sponsor has satisfied the investment and job creation requirements of the Amendment 82 agreement, including performance benchmarks and economic goals as specifically defined in the Amendment 82 agreement; (C) The number of jobs created by each qualified Amendment 82 project and average hourly wages for each project; (D) A description of the benefits package, including, without limitation, health and retirement benefits received by hourly employees; (E) A comparison of the total number of new jobs and annual payroll by the sponsor pertaining to the qualified Amendment 82 project on the date the Amendment 82 agreement was executed and the end date of the calendar year before the filing of this report; and (F) The application of any penalties for failure of the sponsor to satisfy its commitments under an Amendment 82 agreement.

(A) A description of the infrastructure needs and other needs provided by the state under Arkansas Constitution, Amendment 82, and this subchapter and costs associated with each item;

(B) A description of how the sponsor has satisfied the investment and job creation requirements of the Amendment 82 agreement, including performance benchmarks and economic goals as specifically defined in the Amendment 82 agreement;

(C) The number of jobs created by each qualified Amendment 82 project and average hourly wages for each project;

(D) A description of the benefits package, including, without limitation, health and retirement benefits received by hourly employees;

(E) A comparison of the total number of new jobs and annual payroll by the sponsor pertaining to the qualified Amendment 82 project on the date the Amendment 82 agreement was executed and the end date of the calendar year before the filing of this report; and

(F) The application of any penalties for failure of the sponsor to satisfy its commitments under an Amendment 82 agreement.

(c) At the end of a ten-year period following the beginning of operation of the Amendment 82 project, the General Assembly may request a third party cost-benefit analysis to accurately determine the total project costs and the total benefits received by the state from the qualified Amendment 82 project.

(d) While Amendment 82 bonds are outstanding, the Arkansas Development Finance Authority shall provide a report to the Legislative Council, no less frequently than annually, with respect to the status of the Amendment 82 bonds. The report shall contain the information required by § 19-9-502 .

(e) During the term of an Amendment 82 agreement, the Chief Fiscal Officer of the State shall provide a report to the Legislative Council, no less frequently than annually, with respect to the dates and costs of all economic incentives received by each qualified Amendment 82 project except as restricted by law.

Acts 2005, No. 1981, § 1.
Ark. Code Ann. § 15-75-208 — AR Code / Title 15 / Chapter 75 / Subchapter 2 / Section 15-75-208
Standards for containers, systems, etc
Status: in_force

The Liquefied Petroleum Gas Board shall provide additional standards or specifications for containers, systems, appliances, and appurtenances, as may be reasonably necessary for the public safety. The standards or specifications are to be set forth in the rules of the state code governing liquefied petroleum gas containers and equipment. Amended by Act 2019, No. 315,§ 1268, eff. 7/24/2019. Acts 1965, No. 31, § 23; A.S.A. 1947, § 53-722.

The Liquefied Petroleum Gas Board shall provide additional standards or specifications for containers, systems, appliances, and appurtenances, as may be reasonably necessary for the public safety. The standards or specifications are to be set forth in the rules of the state code governing liquefied petroleum gas containers and equipment.

Amended by Act 2019, No. 315,§ 1268, eff. 7/24/2019.

Acts 1965, No. 31, § 23; A.S.A. 1947, § 53-722.
Ark. Code Ann. § 15-71-105 — AR Code / Title 15 / Chapter 71 / Section 15-71-105
Director of Production and Conservation
Status: in_force

(a) (1) The Oil and Gas Commission may appoint one (1) Director of Production and Conservation. (2) The appointment under subdivision (a)(1) of this section is with the approval of the Governor. (3) The director serves at the pleasure of the Governor at the salary set by law. (4) The director shall report to the Secretary of the Department of Energy and Environment. (b) The commission and the Secretary of the Department of Energy and Environment may authorize the director to employ other assistants, petroleum and natural gas engineers, bookkeepers, auditors, gaugers, and stenographers and other employees as necessary to properly administer and enforce the provisions of this act. (c) The director shall: (1) Be the ex officio secretary of the commission; (2) Keep all minutes and records of the commission; (3) Collect and remit to the Treasurer of State all moneys collected by the commission; (4) Be the executive officer and administrator for all oil and gas activities regulated by the commission; (5) Initiate and settle a civil or an administrative action to compel compliance with: (A) A law administered by the commission; or (B) An order or rule issued by the commission; (6) Administer the day-to-day activities of the commission, including without limitation the commission's fiscal and personnel activities; and (7) Perform any other duty or act required or authorized by law or the rules or orders of the commission. Amended by Act 2019, No. 315,§ 1223, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 1222, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3172, eff. 7/1/2019. Acts 1939, No. 105, § 5; 1979, No. 113, § 2; 1983, No. 691, § 10; A.S.A. 1947, §§ 53-102.1, 53-105; Acts 2009, No. 1175, § 2.

(a) (1) The Oil and Gas Commission may appoint one (1) Director of Production and Conservation. (2) The appointment under subdivision (a)(1) of this section is with the approval of the Governor. (3) The director serves at the pleasure of the Governor at the salary set by law. (4) The director shall report to the Secretary of the Department of Energy and Environment.

(1) The Oil and Gas Commission may appoint one (1) Director of Production and Conservation.

(2) The appointment under subdivision (a)(1) of this section is with the approval of the Governor.

(3) The director serves at the pleasure of the Governor at the salary set by law.

(4) The director shall report to the Secretary of the Department of Energy and Environment.

(b) The commission and the Secretary of the Department of Energy and Environment may authorize the director to employ other assistants, petroleum and natural gas engineers, bookkeepers, auditors, gaugers, and stenographers and other employees as necessary to properly administer and enforce the provisions of this act.

(c) The director shall: (1) Be the ex officio secretary of the commission; (2) Keep all minutes and records of the commission; (3) Collect and remit to the Treasurer of State all moneys collected by the commission; (4) Be the executive officer and administrator for all oil and gas activities regulated by the commission; (5) Initiate and settle a civil or an administrative action to compel compliance with: (A) A law administered by the commission; or (B) An order or rule issued by the commission; (6) Administer the day-to-day activities of the commission, including without limitation the commission's fiscal and personnel activities; and (7) Perform any other duty or act required or authorized by law or the rules or orders of the commission.

(1) Be the ex officio secretary of the commission;

(2) Keep all minutes and records of the commission;

(3) Collect and remit to the Treasurer of State all moneys collected by the commission;

(4) Be the executive officer and administrator for all oil and gas activities regulated by the commission;

(5) Initiate and settle a civil or an administrative action to compel compliance with: (A) A law administered by the commission; or (B) An order or rule issued by the commission;

(A) A law administered by the commission; or

(B) An order or rule issued by the commission;

(6) Administer the day-to-day activities of the commission, including without limitation the commission's fiscal and personnel activities; and

(7) Perform any other duty or act required or authorized by law or the rules or orders of the commission.

Amended by Act 2019, No. 315,§ 1223, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 1222, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3172, eff. 7/1/2019.

Acts 1939, No. 105, § 5; 1979, No. 113, § 2; 1983, No. 691, § 10; A.S.A. 1947, §§ 53-102.1, 53-105; Acts 2009, No. 1175, § 2.
Ark. Code Ann. § 15-11-709 — AR Code / Title 15 / Chapter 11 / Subchapter 7 / Section 15-11-709
Reporting
Status: in_force

(a) The Arkansas State Game and Fish Commission and the Department of Parks, Heritage, and Tourism shall report the status of the Wildlife Observation Trails Pilot Program biannually to the Game and Fish/State Police Subcommittee of the Legislative Council and the Parks and Tourism Subcommittee of the Joint Budget Committee. (b) The report shall address and evaluate whether or not the program as provided in this subchapter has been successful in creating new wildlife observation trails and stimulating economic growth. Amended by Act 2019, No. 910,§ 5656, eff. 7/1/2019. Acts 2009, No. 686, § 1; 2011, No. 1041, § 6.

(a) The Arkansas State Game and Fish Commission and the Department of Parks, Heritage, and Tourism shall report the status of the Wildlife Observation Trails Pilot Program biannually to the Game and Fish/State Police Subcommittee of the Legislative Council and the Parks and Tourism Subcommittee of the Joint Budget Committee.

(b) The report shall address and evaluate whether or not the program as provided in this subchapter has been successful in creating new wildlife observation trails and stimulating economic growth.

Amended by Act 2019, No. 910,§ 5656, eff. 7/1/2019.

Acts 2009, No. 686, § 1; 2011, No. 1041, § 6.
Ark. Code Ann. § 15-4-2503 — AR Code / Title 15 / Chapter 4 / Subchapter 25 / Section 15-4-2503
Lender application - Approval
Status: in_force

(a) Any community lender that desires to seek participating loans from the Arkansas Economic Development Commission pursuant to the program authorized by this subchapter shall make application to the commission. (b) Approval of any participating community lender shall be done by action of the Arkansas Economic Development Council. Acts 2001, No. 913, § 4.

(a) Any community lender that desires to seek participating loans from the Arkansas Economic Development Commission pursuant to the program authorized by this subchapter shall make application to the commission.

(b) Approval of any participating community lender shall be done by action of the Arkansas Economic Development Council.

Acts 2001, No. 913, § 4.
Ark. Code Ann. § 15-56-311 — AR Code / Title 15 / Chapter 56 / Subchapter 3 / Section 15-56-311
Failure of lessee to report output
Status: in_force

Any person, firm, or corporation leasing lands in this state under written contracts providing for a royalty to be paid the lessor for ore deposits or minerals taken out of or off of the land, or any officer, agent, or employee of the lessee, who, with the intent to defraud the lessee out of any part of the royalty, fails, neglects, or refuses to report the true amount or quantity of ore, deposits, or minerals taken from the lands, or who conceals the true amount so taken, or who falsely reports the amount so taken shall be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for not less than one (1) year nor more than five (5) years. Acts 1911, No. 159, § 1; C. & M. Dig., § 7286; Pope's Dig., § 9342; A.S.A. 1947, § 52-214.

Any person, firm, or corporation leasing lands in this state under written contracts providing for a royalty to be paid the lessor for ore deposits or minerals taken out of or off of the land, or any officer, agent, or employee of the lessee, who, with the intent to defraud the lessee out of any part of the royalty, fails, neglects, or refuses to report the true amount or quantity of ore, deposits, or minerals taken from the lands, or who conceals the true amount so taken, or who falsely reports the amount so taken shall be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for not less than one (1) year nor more than five (5) years.

Acts 1911, No. 159, § 1; C. & M. Dig., § 7286; Pope's Dig., § 9342; A.S.A. 1947, § 52-214.
Ark. Code Ann. § 15-4-3203 — AR Code / Title 15 / Chapter 4 / Subchapter 32 / Section 15-4-3203
Amendment 82 project qualification
Status: in_force

(a) (1) (A) In exercising its responsibilities under Arkansas Constitution, Amendment 82, § 1, the General Assembly delegates, authorizes, and directs the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State to undertake a review of all proposed projects following the procedures described in this section. (B) In order to be considered for qualification, a sponsor must fall within the definition of an "eligible business", as defined in § 15-4-2703 . (2) If the Governor refers a proposed project to the General Assembly under subsection (h) of this section, the commission and the authority shall prepare and provide to each member of the General Assembly the reports described in subsection (i) of this section, after which the General Assembly shall make the final and definitive decisions concerning the proposed project as set forth in subsection (j) of this section. (b) (1) As the lead economic development agency for the State of Arkansas, the commission may propose the use of Amendment 82 bonds to finance infrastructure and other needs in any combination in order to attract proposed projects to the State of Arkansas. (2) In addition to powers conferred under other laws, the commission may take any reasonable action necessary to carry out the purposes of Arkansas Constitution, Amendment 82, and this subchapter. (3) The proposed use of Amendment 82 financing by the commission shall not prohibit the commission, the state, or any local entity from using any other available economic incentives in connection with a proposed project. (c) The commission shall initiate the process of selecting a proposed project for referral to the General Assembly by performing an economic impact and cost-benefit analysis to evaluate the capability of a sponsor and the feasibility of a proposed project and to determine if the proposed project has the potential to be a qualified Amendment 82 project. The economic impact and cost-benefit analysis shall include all other economic incentives offered by the state in connection with the proposed project. (d) If the commission determines that a proposed project has the potential to become a qualified Amendment 82 project, the commission shall refer the proposal and the commission's findings to the authority so that the authority may perform an initial assessment of the feasibility and impact of issuing Amendment 82 bonds in connection with the proposed project, including the state's ability to cover projected debt service obligations and the impact on the overall rating of the state's general obligation bonded indebtedness, including without limitation, bonds issued under Arkansas Constitution, Amendment 82, and this subchapter. (e) If the authority's initial assessment is that Amendment 82 bond financing for the proposed project is feasible, the authority shall notify the commission, and the commission shall refer the proposal and the findings of the commission and the authority to the Chief Fiscal Officer of the State for review of the impact of the proposed Amendment 82 bond financing on any agency or program supported from the general revenues under the Revenue Stabilization Law, § 19-5-101 et seq. (f) If the Chief Fiscal Officer of the State's initial assessment is that the proposed Amendment 82 financing will not have a substantially negative impact on any agency or program supported from general revenues, then: (1) The Chief Fiscal Officer of the State shall notify the commission; and (2) The commission shall make a formal proposal to the sponsor detailing the state's proposed offer with respect to Amendment 82 financing and all other economic incentives offered by the state in connection with the proposed project. (g) (1) If the sponsor of a proposed project determines to accept Amendment 82 financing, then the sponsor and the commission, on behalf of the state, shall sign a letter of commitment. (2) The commission shall forward the letter of commitment and the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State to the Governor for review. (3) (A) The commission shall also forward the letter of commitment, the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State, and all supporting documentation to the Office of Economic and Tax Policy of the Bureau of Legislative Research on behalf of the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (B) (i) At the direction of the President Pro Tempore of the Senate or the Speaker of the House of Representatives, the office shall arrange for an independent confirmation of the economic impact and cost-benefit analysis performed by the commission or an independent economic impact and cost-benefit analysis of the proposed project to be completed within twenty (20) working days after the receipt of the letter of commitment. (ii) All information forwarded to the President Pro Tempore of the Senate and the Speaker of the House of Representatives by the commission and any resulting information related to the confirmation of the commission's economic impact and cost-benefit analysis or independent economic impact and cost-benefit analysis: (a) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and (b) Is specifically exempt from the requirements of § 25-19-105(a) . (h) If the Governor determines that it is in the best interest of the state to pursue Amendment 82 financing for the proposed project, the Governor shall refer the proposed project to the General Assembly in regular session, fiscal session, or extraordinary session in order for the General Assembly to consider whether to approve the issuance of bonds under Arkansas Constitution, Amendment 82, and this subchapter. (i) (1) In order to expedite review by the General Assembly, the commission and the authority shall prepare and provide to each member of the General Assembly the reports described in subdivisions (i)(2) and (3) of this section. (2) The commission's report shall include: (A) A description of the proposed project; (B) (i) An itemization of the proposed infrastructure needs and other needs to be financed with the proceeds derived from the sale of Amendment 82 bonds. (ii) The itemization shall include estimated costs and details to the maximum extent available at the time of the report; (C) A description of all other economic incentives to be provided by the state in connection with the proposed project; (D) A description of the economic impact and cost-benefit analyses of the proposed project for a period of at least ten (10) years that includes: (i) The annual projected benefit to the state from increased sales and use tax and income tax revenue; (ii) The annual projected cost to the state for each economic incentive offered to the sponsor in connection with the proposed project; and (iii) The overall net present value benefit-to-cost ratio for the period of at least ten (10) years; (E) The amount of bonds necessary to be issued to defray project costs and a budget of the project costs; (F) A tentative time schedule setting forth the period of time during which the proceeds of the Amendment 82 bonds are to be expended; (G) A statement by the Director of the Arkansas Economic Development Commission based on and outlining the: (i) Terms of the letter of the commitment; (ii) Estimated dollar amount of investment in the state from the proposed project; and (iii) Estimated number of new jobs to be created by the proposed project; (H) A copy of the signed letter of commitment for the proposed project; and (I) A copy of the unexecuted Amendment 82 agreement for the proposed project. (3) The authority's report shall include: (A) A schedule of projected debt service, including all fees, showing the annual principal and interest requirements for any Amendment 82 bonds outstanding, if applicable, and the projected debt service for the Amendment 82 bonds proposed to be issued for the proposed project; (B) A projected schedule of revenues, if any, to be received by the state from the sponsor in connection with its use of the infrastructure needs and other needs associated with the proposed project; (C) An initial plan of marketing for the bonds and a proposed schedule of issuance dates, including without limitation, the number of series to be issued and an estimated timeline for the series based on the commission's proposed spending schedule; and (D) A preliminary and estimated sources and uses table. (j) If the General Assembly determines that the proposed project is of the nature intended by the electors of the state to be financed with Amendment 82 bonds and approves the Amendment 82 agreement, it shall take appropriate legislative action to: (1) Declare the proposed project a qualified Amendment 82 project; (2) Establish any additional parameters deemed necessary by the General Assembly for the general structure of the qualified Amendment 82 project, including without limitation, penalty provisions; (3) Authorize the execution of the Amendment 82 agreement in substantially the same form as presented to the General Assembly; and (4) Authorize the issuance of Amendment 82 bonds. Amended by Act 2019, No. 910,§ 422, eff. 7/1/2019. Amended by Act 2015, No. 593,§ 5, eff. 7/22/2015. Acts 2005, No. 1981, § 1; 2009, No. 962, § 31; 2011, No. 1047, §§ 3, 4.

(a) (1) (A) In exercising its responsibilities under Arkansas Constitution, Amendment 82, § 1, the General Assembly delegates, authorizes, and directs the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State to undertake a review of all proposed projects following the procedures described in this section. (B) In order to be considered for qualification, a sponsor must fall within the definition of an "eligible business", as defined in § 15-4-2703 . (2) If the Governor refers a proposed project to the General Assembly under subsection (h) of this section, the commission and the authority shall prepare and provide to each member of the General Assembly the reports described in subsection (i) of this section, after which the General Assembly shall make the final and definitive decisions concerning the proposed project as set forth in subsection (j) of this section.

(1) (A) In exercising its responsibilities under Arkansas Constitution, Amendment 82, § 1, the General Assembly delegates, authorizes, and directs the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State to undertake a review of all proposed projects following the procedures described in this section. (B) In order to be considered for qualification, a sponsor must fall within the definition of an "eligible business", as defined in § 15-4-2703 .

(A) In exercising its responsibilities under Arkansas Constitution, Amendment 82, § 1, the General Assembly delegates, authorizes, and directs the Arkansas Economic Development Commission, the Arkansas Development Finance Authority, and the Chief Fiscal Officer of the State to undertake a review of all proposed projects following the procedures described in this section.

(B) In order to be considered for qualification, a sponsor must fall within the definition of an "eligible business", as defined in § 15-4-2703 .

(2) If the Governor refers a proposed project to the General Assembly under subsection (h) of this section, the commission and the authority shall prepare and provide to each member of the General Assembly the reports described in subsection (i) of this section, after which the General Assembly shall make the final and definitive decisions concerning the proposed project as set forth in subsection (j) of this section.

(b) (1) As the lead economic development agency for the State of Arkansas, the commission may propose the use of Amendment 82 bonds to finance infrastructure and other needs in any combination in order to attract proposed projects to the State of Arkansas. (2) In addition to powers conferred under other laws, the commission may take any reasonable action necessary to carry out the purposes of Arkansas Constitution, Amendment 82, and this subchapter. (3) The proposed use of Amendment 82 financing by the commission shall not prohibit the commission, the state, or any local entity from using any other available economic incentives in connection with a proposed project.

(1) As the lead economic development agency for the State of Arkansas, the commission may propose the use of Amendment 82 bonds to finance infrastructure and other needs in any combination in order to attract proposed projects to the State of Arkansas.

(2) In addition to powers conferred under other laws, the commission may take any reasonable action necessary to carry out the purposes of Arkansas Constitution, Amendment 82, and this subchapter.

(3) The proposed use of Amendment 82 financing by the commission shall not prohibit the commission, the state, or any local entity from using any other available economic incentives in connection with a proposed project.

(c) The commission shall initiate the process of selecting a proposed project for referral to the General Assembly by performing an economic impact and cost-benefit analysis to evaluate the capability of a sponsor and the feasibility of a proposed project and to determine if the proposed project has the potential to be a qualified Amendment 82 project. The economic impact and cost-benefit analysis shall include all other economic incentives offered by the state in connection with the proposed project.

(d) If the commission determines that a proposed project has the potential to become a qualified Amendment 82 project, the commission shall refer the proposal and the commission's findings to the authority so that the authority may perform an initial assessment of the feasibility and impact of issuing Amendment 82 bonds in connection with the proposed project, including the state's ability to cover projected debt service obligations and the impact on the overall rating of the state's general obligation bonded indebtedness, including without limitation, bonds issued under Arkansas Constitution, Amendment 82, and this subchapter.

(e) If the authority's initial assessment is that Amendment 82 bond financing for the proposed project is feasible, the authority shall notify the commission, and the commission shall refer the proposal and the findings of the commission and the authority to the Chief Fiscal Officer of the State for review of the impact of the proposed Amendment 82 bond financing on any agency or program supported from the general revenues under the Revenue Stabilization Law, § 19-5-101 et seq.

(f) If the Chief Fiscal Officer of the State's initial assessment is that the proposed Amendment 82 financing will not have a substantially negative impact on any agency or program supported from general revenues, then: (1) The Chief Fiscal Officer of the State shall notify the commission; and (2) The commission shall make a formal proposal to the sponsor detailing the state's proposed offer with respect to Amendment 82 financing and all other economic incentives offered by the state in connection with the proposed project.

(1) The Chief Fiscal Officer of the State shall notify the commission; and

(2) The commission shall make a formal proposal to the sponsor detailing the state's proposed offer with respect to Amendment 82 financing and all other economic incentives offered by the state in connection with the proposed project.

(g) (1) If the sponsor of a proposed project determines to accept Amendment 82 financing, then the sponsor and the commission, on behalf of the state, shall sign a letter of commitment. (2) The commission shall forward the letter of commitment and the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State to the Governor for review. (3) (A) The commission shall also forward the letter of commitment, the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State, and all supporting documentation to the Office of Economic and Tax Policy of the Bureau of Legislative Research on behalf of the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (B) (i) At the direction of the President Pro Tempore of the Senate or the Speaker of the House of Representatives, the office shall arrange for an independent confirmation of the economic impact and cost-benefit analysis performed by the commission or an independent economic impact and cost-benefit analysis of the proposed project to be completed within twenty (20) working days after the receipt of the letter of commitment. (ii) All information forwarded to the President Pro Tempore of the Senate and the Speaker of the House of Representatives by the commission and any resulting information related to the confirmation of the commission's economic impact and cost-benefit analysis or independent economic impact and cost-benefit analysis: (a) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and (b) Is specifically exempt from the requirements of § 25-19-105(a) .

(1) If the sponsor of a proposed project determines to accept Amendment 82 financing, then the sponsor and the commission, on behalf of the state, shall sign a letter of commitment.

(2) The commission shall forward the letter of commitment and the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State to the Governor for review.

(3) (A) The commission shall also forward the letter of commitment, the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State, and all supporting documentation to the Office of Economic and Tax Policy of the Bureau of Legislative Research on behalf of the President Pro Tempore of the Senate and the Speaker of the House of Representatives. (B) (i) At the direction of the President Pro Tempore of the Senate or the Speaker of the House of Representatives, the office shall arrange for an independent confirmation of the economic impact and cost-benefit analysis performed by the commission or an independent economic impact and cost-benefit analysis of the proposed project to be completed within twenty (20) working days after the receipt of the letter of commitment. (ii) All information forwarded to the President Pro Tempore of the Senate and the Speaker of the House of Representatives by the commission and any resulting information related to the confirmation of the commission's economic impact and cost-benefit analysis or independent economic impact and cost-benefit analysis: (a) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and (b) Is specifically exempt from the requirements of § 25-19-105(a) .

(A) The commission shall also forward the letter of commitment, the findings and recommendations of the commission, the authority, and the Chief Fiscal Officer of the State, and all supporting documentation to the Office of Economic and Tax Policy of the Bureau of Legislative Research on behalf of the President Pro Tempore of the Senate and the Speaker of the House of Representatives.

(B) (i) At the direction of the President Pro Tempore of the Senate or the Speaker of the House of Representatives, the office shall arrange for an independent confirmation of the economic impact and cost-benefit analysis performed by the commission or an independent economic impact and cost-benefit analysis of the proposed project to be completed within twenty (20) working days after the receipt of the letter of commitment. (ii) All information forwarded to the President Pro Tempore of the Senate and the Speaker of the House of Representatives by the commission and any resulting information related to the confirmation of the commission's economic impact and cost-benefit analysis or independent economic impact and cost-benefit analysis: (a) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and (b) Is specifically exempt from the requirements of § 25-19-105(a) .

(i) At the direction of the President Pro Tempore of the Senate or the Speaker of the House of Representatives, the office shall arrange for an independent confirmation of the economic impact and cost-benefit analysis performed by the commission or an independent economic impact and cost-benefit analysis of the proposed project to be completed within twenty (20) working days after the receipt of the letter of commitment.

(ii) All information forwarded to the President Pro Tempore of the Senate and the Speaker of the House of Representatives by the commission and any resulting information related to the confirmation of the commission's economic impact and cost-benefit analysis or independent economic impact and cost-benefit analysis: (a) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and (b) Is specifically exempt from the requirements of § 25-19-105(a) .

(a) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and

(b) Is specifically exempt from the requirements of § 25-19-105(a) .

(h) If the Governor determines that it is in the best interest of the state to pursue Amendment 82 financing for the proposed project, the Governor shall refer the proposed project to the General Assembly in regular session, fiscal session, or extraordinary session in order for the General Assembly to consider whether to approve the issuance of bonds under Arkansas Constitution, Amendment 82, and this subchapter.

(i) (1) In order to expedite review by the General Assembly, the commission and the authority shall prepare and provide to each member of the General Assembly the reports described in subdivisions (i)(2) and (3) of this section. (2) The commission's report shall include: (A) A description of the proposed project; (B) (i) An itemization of the proposed infrastructure needs and other needs to be financed with the proceeds derived from the sale of Amendment 82 bonds. (ii) The itemization shall include estimated costs and details to the maximum extent available at the time of the report; (C) A description of all other economic incentives to be provided by the state in connection with the proposed project; (D) A description of the economic impact and cost-benefit analyses of the proposed project for a period of at least ten (10) years that includes: (i) The annual projected benefit to the state from increased sales and use tax and income tax revenue; (ii) The annual projected cost to the state for each economic incentive offered to the sponsor in connection with the proposed project; and (iii) The overall net present value benefit-to-cost ratio for the period of at least ten (10) years; (E) The amount of bonds necessary to be issued to defray project costs and a budget of the project costs; (F) A tentative time schedule setting forth the period of time during which the proceeds of the Amendment 82 bonds are to be expended; (G) A statement by the Director of the Arkansas Economic Development Commission based on and outlining the: (i) Terms of the letter of the commitment; (ii) Estimated dollar amount of investment in the state from the proposed project; and (iii) Estimated number of new jobs to be created by the proposed project; (H) A copy of the signed letter of commitment for the proposed project; and (I) A copy of the unexecuted Amendment 82 agreement for the proposed project. (3) The authority's report shall include: (A) A schedule of projected debt service, including all fees, showing the annual principal and interest requirements for any Amendment 82 bonds outstanding, if applicable, and the projected debt service for the Amendment 82 bonds proposed to be issued for the proposed project; (B) A projected schedule of revenues, if any, to be received by the state from the sponsor in connection with its use of the infrastructure needs and other needs associated with the proposed project; (C) An initial plan of marketing for the bonds and a proposed schedule of issuance dates, including without limitation, the number of series to be issued and an estimated timeline for the series based on the commission's proposed spending schedule; and (D) A preliminary and estimated sources and uses table.

(1) In order to expedite review by the General Assembly, the commission and the authority shall prepare and provide to each member of the General Assembly the reports described in subdivisions (i)(2) and (3) of this section.

(2) The commission's report shall include: (A) A description of the proposed project; (B) (i) An itemization of the proposed infrastructure needs and other needs to be financed with the proceeds derived from the sale of Amendment 82 bonds. (ii) The itemization shall include estimated costs and details to the maximum extent available at the time of the report; (C) A description of all other economic incentives to be provided by the state in connection with the proposed project; (D) A description of the economic impact and cost-benefit analyses of the proposed project for a period of at least ten (10) years that includes: (i) The annual projected benefit to the state from increased sales and use tax and income tax revenue; (ii) The annual projected cost to the state for each economic incentive offered to the sponsor in connection with the proposed project; and (iii) The overall net present value benefit-to-cost ratio for the period of at least ten (10) years; (E) The amount of bonds necessary to be issued to defray project costs and a budget of the project costs; (F) A tentative time schedule setting forth the period of time during which the proceeds of the Amendment 82 bonds are to be expended; (G) A statement by the Director of the Arkansas Economic Development Commission based on and outlining the: (i) Terms of the letter of the commitment; (ii) Estimated dollar amount of investment in the state from the proposed project; and (iii) Estimated number of new jobs to be created by the proposed project; (H) A copy of the signed letter of commitment for the proposed project; and (I) A copy of the unexecuted Amendment 82 agreement for the proposed project.

(A) A description of the proposed project;

(B) (i) An itemization of the proposed infrastructure needs and other needs to be financed with the proceeds derived from the sale of Amendment 82 bonds. (ii) The itemization shall include estimated costs and details to the maximum extent available at the time of the report;

(i) An itemization of the proposed infrastructure needs and other needs to be financed with the proceeds derived from the sale of Amendment 82 bonds.

(ii) The itemization shall include estimated costs and details to the maximum extent available at the time of the report;

(C) A description of all other economic incentives to be provided by the state in connection with the proposed project;

(D) A description of the economic impact and cost-benefit analyses of the proposed project for a period of at least ten (10) years that includes: (i) The annual projected benefit to the state from increased sales and use tax and income tax revenue; (ii) The annual projected cost to the state for each economic incentive offered to the sponsor in connection with the proposed project; and (iii) The overall net present value benefit-to-cost ratio for the period of at least ten (10) years;

(i) The annual projected benefit to the state from increased sales and use tax and income tax revenue;

(ii) The annual projected cost to the state for each economic incentive offered to the sponsor in connection with the proposed project; and

(iii) The overall net present value benefit-to-cost ratio for the period of at least ten (10) years;

(E) The amount of bonds necessary to be issued to defray project costs and a budget of the project costs;

(F) A tentative time schedule setting forth the period of time during which the proceeds of the Amendment 82 bonds are to be expended;

(G) A statement by the Director of the Arkansas Economic Development Commission based on and outlining the: (i) Terms of the letter of the commitment; (ii) Estimated dollar amount of investment in the state from the proposed project; and (iii) Estimated number of new jobs to be created by the proposed project;

(i) Terms of the letter of the commitment;

(ii) Estimated dollar amount of investment in the state from the proposed project; and

(iii) Estimated number of new jobs to be created by the proposed project;

(H) A copy of the signed letter of commitment for the proposed project; and

(I) A copy of the unexecuted Amendment 82 agreement for the proposed project.

(3) The authority's report shall include: (A) A schedule of projected debt service, including all fees, showing the annual principal and interest requirements for any Amendment 82 bonds outstanding, if applicable, and the projected debt service for the Amendment 82 bonds proposed to be issued for the proposed project; (B) A projected schedule of revenues, if any, to be received by the state from the sponsor in connection with its use of the infrastructure needs and other needs associated with the proposed project; (C) An initial plan of marketing for the bonds and a proposed schedule of issuance dates, including without limitation, the number of series to be issued and an estimated timeline for the series based on the commission's proposed spending schedule; and (D) A preliminary and estimated sources and uses table.

(A) A schedule of projected debt service, including all fees, showing the annual principal and interest requirements for any Amendment 82 bonds outstanding, if applicable, and the projected debt service for the Amendment 82 bonds proposed to be issued for the proposed project;

(B) A projected schedule of revenues, if any, to be received by the state from the sponsor in connection with its use of the infrastructure needs and other needs associated with the proposed project;

(C) An initial plan of marketing for the bonds and a proposed schedule of issuance dates, including without limitation, the number of series to be issued and an estimated timeline for the series based on the commission's proposed spending schedule; and

(D) A preliminary and estimated sources and uses table.

(j) If the General Assembly determines that the proposed project is of the nature intended by the electors of the state to be financed with Amendment 82 bonds and approves the Amendment 82 agreement, it shall take appropriate legislative action to: (1) Declare the proposed project a qualified Amendment 82 project; (2) Establish any additional parameters deemed necessary by the General Assembly for the general structure of the qualified Amendment 82 project, including without limitation, penalty provisions; (3) Authorize the execution of the Amendment 82 agreement in substantially the same form as presented to the General Assembly; and (4) Authorize the issuance of Amendment 82 bonds.

(1) Declare the proposed project a qualified Amendment 82 project;

(2) Establish any additional parameters deemed necessary by the General Assembly for the general structure of the qualified Amendment 82 project, including without limitation, penalty provisions;

(3) Authorize the execution of the Amendment 82 agreement in substantially the same form as presented to the General Assembly; and

(4) Authorize the issuance of Amendment 82 bonds.

Amended by Act 2019, No. 910,§ 422, eff. 7/1/2019.

Amended by Act 2015, No. 593,§ 5, eff. 7/22/2015.

Acts 2005, No. 1981, § 1; 2009, No. 962, § 31; 2011, No. 1047, §§ 3, 4.
Ark. Code Ann. § 15-75-307 — AR Code / Title 15 / Chapter 75 / Subchapter 3 / Section 15-75-307
Class one permit
Status: in_force

(a) The holder of a class one permit may engage in any phase of the liquefied petroleum gas business in a county or contiguous counties if he or she pays an annual permit fee of five hundred dollars ($500) for the first county under the permit and three hundred dollars ($300) for each contiguous county included under the permit. (b) An applicant for a class one permit: (1) Shall furnish to the Liquefied Petroleum Gas Board evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Person $500,000 Aggregate 500,000 (E) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (F) Automobile Property Damage Liability Insurance Each Accident $500,000 (2) (A) Shall designate a county in this state for: (i) The location of the proposed principal place of business of the applicant; and (ii) The proposed location of the principal bulk storage tank facility; and (B) Shall maintain a twenty-four-hour emergency telephone number; (3) (A) Must provide a list of counties in which the operation is to be conducted. (B) (i) The applicant shall designate within one (1) Arkansas county the location of the proposed principal place of business of the applicant and the proposed location of the principal bulk storage tank facility. (ii) The designated county shall be the home county area of operation of the applicant. (C) The permit fee shall be paid for each county in which the applicant operates; (4) (A) Shall provide full-time employment of qualified personnel whose competency shall be proven through a current written or oral examination. (B) There shall be a minimum of three (3) employees. (C) For each permit, one (1) employee shall be certified as a general safety supervisor and one (1) employee shall be certified as installation personnel. (D) One (1) employee may be certified as both transport and delivery/installation, a combination certification, but that combination certification shall not relieve the requirement for a minimum of three (3) employees; (5) (A) (i) Shall provide a bulk storage capacity of not less than thirty thousand (30,000) water gallons at the principal location of the permitted facility. (ii) The principal location must be approved by the board in advance of the application. (iii) The principal location must be maintained by the applicant in safe working condition throughout the duration of the permit under penalty of permit forfeiture by action of the board. (B) Storage containers being used in connection with cotton gins, rice dryers, manufacturing plants, or any other type of commercial use, regardless of size, will not be accepted as bulk storage and cannot be included in the requirements for the thirty-thousand-gallon storage. (C) (i) One (1) place of business that shall be the principal working location for the employees of the permitted facility shall be maintained within the state. (ii) A twenty-four-hour emergency telephone number shall be posted and maintained; (6) (A) Shall provide approved-type cylinder or bottle-filling facilities consisting of a separate pump, the capacity of which shall not be in excess of twenty (20) gallons per minute and shall be designed for the primary purpose of filling bottles. (B) Where a manifold or multiple filling system is contemplated, the board shall be consulted regarding pump capacity; (7) Shall provide equipment satisfactory to the board; (8) (A) Shall provide switch track or tank loading and unloading facilities satisfactory to the board. (B) All auxiliary equipment such as pumps, hoses, electrical switches, etc., shall be Underwriters' Laboratory-approved for liquefied petroleum gases; and (9) In addition to the foregoing requirements, all class one applicants must comply with all other applicable requirements. Acts 1965, No. 31, § 24; 1977, No. 396, § 2; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 3; 1995, No. 477, § 4; 1999, No. 1577, § 8; 2001, No. 1219, § 1; 2007, No. 733, § 7; 2009, No. 481, § 11.

(a) The holder of a class one permit may engage in any phase of the liquefied petroleum gas business in a county or contiguous counties if he or she pays an annual permit fee of five hundred dollars ($500) for the first county under the permit and three hundred dollars ($300) for each contiguous county included under the permit.

(b) An applicant for a class one permit: (1) Shall furnish to the Liquefied Petroleum Gas Board evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Person $500,000 Aggregate 500,000 (E) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (F) Automobile Property Damage Liability Insurance Each Accident $500,000 (2) (A) Shall designate a county in this state for: (i) The location of the proposed principal place of business of the applicant; and (ii) The proposed location of the principal bulk storage tank facility; and (B) Shall maintain a twenty-four-hour emergency telephone number; (3) (A) Must provide a list of counties in which the operation is to be conducted. (B) (i) The applicant shall designate within one (1) Arkansas county the location of the proposed principal place of business of the applicant and the proposed location of the principal bulk storage tank facility. (ii) The designated county shall be the home county area of operation of the applicant. (C) The permit fee shall be paid for each county in which the applicant operates; (4) (A) Shall provide full-time employment of qualified personnel whose competency shall be proven through a current written or oral examination. (B) There shall be a minimum of three (3) employees. (C) For each permit, one (1) employee shall be certified as a general safety supervisor and one (1) employee shall be certified as installation personnel. (D) One (1) employee may be certified as both transport and delivery/installation, a combination certification, but that combination certification shall not relieve the requirement for a minimum of three (3) employees; (5) (A) (i) Shall provide a bulk storage capacity of not less than thirty thousand (30,000) water gallons at the principal location of the permitted facility. (ii) The principal location must be approved by the board in advance of the application. (iii) The principal location must be maintained by the applicant in safe working condition throughout the duration of the permit under penalty of permit forfeiture by action of the board. (B) Storage containers being used in connection with cotton gins, rice dryers, manufacturing plants, or any other type of commercial use, regardless of size, will not be accepted as bulk storage and cannot be included in the requirements for the thirty-thousand-gallon storage. (C) (i) One (1) place of business that shall be the principal working location for the employees of the permitted facility shall be maintained within the state. (ii) A twenty-four-hour emergency telephone number shall be posted and maintained; (6) (A) Shall provide approved-type cylinder or bottle-filling facilities consisting of a separate pump, the capacity of which shall not be in excess of twenty (20) gallons per minute and shall be designed for the primary purpose of filling bottles. (B) Where a manifold or multiple filling system is contemplated, the board shall be consulted regarding pump capacity; (7) Shall provide equipment satisfactory to the board; (8) (A) Shall provide switch track or tank loading and unloading facilities satisfactory to the board. (B) All auxiliary equipment such as pumps, hoses, electrical switches, etc., shall be Underwriters' Laboratory-approved for liquefied petroleum gases; and (9) In addition to the foregoing requirements, all class one applicants must comply with all other applicable requirements.

(1) Shall furnish to the Liquefied Petroleum Gas Board evidence of the following insurance: (A) Manufacturers' and Contractors' Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (B) Manufacturers' and Contractors' Property Damage Liability Insurance Each Accident $500,000 Aggregate 500,000 (C) Products Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 Aggregate 500,000 (D) Products Property Damage Liability Insurance Each Person $500,000 Aggregate 500,000 (E) Automobile Bodily Injury Liability Insurance Each Person $500,000 Each Accident 500,000 (F) Automobile Property Damage Liability Insurance Each Accident $500,000

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

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

Each Person

$500,000

Each Accident

500,000

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

Each Accident

$500,000

Aggregate

500,000

(C) Products Bodily Injury Liability Insurance

Each Person

$500,000

Each Accident

500,000

Aggregate

500,000

(D) Products Property Damage Liability Insurance

Each Person

$500,000

Aggregate

500,000

(E) Automobile Bodily Injury Liability Insurance

Each Person

$500,000

Each Accident

500,000

(F) Automobile Property Damage Liability Insurance

Each Accident

$500,000

(2) (A) Shall designate a county in this state for: (i) The location of the proposed principal place of business of the applicant; and (ii) The proposed location of the principal bulk storage tank facility; and (B) Shall maintain a twenty-four-hour emergency telephone number;

(A) Shall designate a county in this state for: (i) The location of the proposed principal place of business of the applicant; and (ii) The proposed location of the principal bulk storage tank facility; and

(i) The location of the proposed principal place of business of the applicant; and

(ii) The proposed location of the principal bulk storage tank facility; and

(B) Shall maintain a twenty-four-hour emergency telephone number;

(3) (A) Must provide a list of counties in which the operation is to be conducted. (B) (i) The applicant shall designate within one (1) Arkansas county the location of the proposed principal place of business of the applicant and the proposed location of the principal bulk storage tank facility. (ii) The designated county shall be the home county area of operation of the applicant. (C) The permit fee shall be paid for each county in which the applicant operates;

(A) Must provide a list of counties in which the operation is to be conducted.

(B) (i) The applicant shall designate within one (1) Arkansas county the location of the proposed principal place of business of the applicant and the proposed location of the principal bulk storage tank facility. (ii) The designated county shall be the home county area of operation of the applicant.

(i) The applicant shall designate within one (1) Arkansas county the location of the proposed principal place of business of the applicant and the proposed location of the principal bulk storage tank facility.

(ii) The designated county shall be the home county area of operation of the applicant.

(C) The permit fee shall be paid for each county in which the applicant operates;

(4) (A) Shall provide full-time employment of qualified personnel whose competency shall be proven through a current written or oral examination. (B) There shall be a minimum of three (3) employees. (C) For each permit, one (1) employee shall be certified as a general safety supervisor and one (1) employee shall be certified as installation personnel. (D) One (1) employee may be certified as both transport and delivery/installation, a combination certification, but that combination certification shall not relieve the requirement for a minimum of three (3) employees;

(A) Shall provide full-time employment of qualified personnel whose competency shall be proven through a current written or oral examination.

(B) There shall be a minimum of three (3) employees.

(C) For each permit, one (1) employee shall be certified as a general safety supervisor and one (1) employee shall be certified as installation personnel.

(D) One (1) employee may be certified as both transport and delivery/installation, a combination certification, but that combination certification shall not relieve the requirement for a minimum of three (3) employees;

(5) (A) (i) Shall provide a bulk storage capacity of not less than thirty thousand (30,000) water gallons at the principal location of the permitted facility. (ii) The principal location must be approved by the board in advance of the application. (iii) The principal location must be maintained by the applicant in safe working condition throughout the duration of the permit under penalty of permit forfeiture by action of the board. (B) Storage containers being used in connection with cotton gins, rice dryers, manufacturing plants, or any other type of commercial use, regardless of size, will not be accepted as bulk storage and cannot be included in the requirements for the thirty-thousand-gallon storage. (C) (i) One (1) place of business that shall be the principal working location for the employees of the permitted facility shall be maintained within the state. (ii) A twenty-four-hour emergency telephone number shall be posted and maintained;

(A) (i) Shall provide a bulk storage capacity of not less than thirty thousand (30,000) water gallons at the principal location of the permitted facility. (ii) The principal location must be approved by the board in advance of the application. (iii) The principal location must be maintained by the applicant in safe working condition throughout the duration of the permit under penalty of permit forfeiture by action of the board.

(i) Shall provide a bulk storage capacity of not less than thirty thousand (30,000) water gallons at the principal location of the permitted facility.

(ii) The principal location must be approved by the board in advance of the application.

(iii) The principal location must be maintained by the applicant in safe working condition throughout the duration of the permit under penalty of permit forfeiture by action of the board.

(B) Storage containers being used in connection with cotton gins, rice dryers, manufacturing plants, or any other type of commercial use, regardless of size, will not be accepted as bulk storage and cannot be included in the requirements for the thirty-thousand-gallon storage.

(C) (i) One (1) place of business that shall be the principal working location for the employees of the permitted facility shall be maintained within the state. (ii) A twenty-four-hour emergency telephone number shall be posted and maintained;

(i) One (1) place of business that shall be the principal working location for the employees of the permitted facility shall be maintained within the state.

(ii) A twenty-four-hour emergency telephone number shall be posted and maintained;

(6) (A) Shall provide approved-type cylinder or bottle-filling facilities consisting of a separate pump, the capacity of which shall not be in excess of twenty (20) gallons per minute and shall be designed for the primary purpose of filling bottles. (B) Where a manifold or multiple filling system is contemplated, the board shall be consulted regarding pump capacity;

(A) Shall provide approved-type cylinder or bottle-filling facilities consisting of a separate pump, the capacity of which shall not be in excess of twenty (20) gallons per minute and shall be designed for the primary purpose of filling bottles.

(B) Where a manifold or multiple filling system is contemplated, the board shall be consulted regarding pump capacity;

(7) Shall provide equipment satisfactory to the board;

(8) (A) Shall provide switch track or tank loading and unloading facilities satisfactory to the board. (B) All auxiliary equipment such as pumps, hoses, electrical switches, etc., shall be Underwriters' Laboratory-approved for liquefied petroleum gases; and

(A) Shall provide switch track or tank loading and unloading facilities satisfactory to the board.

(B) All auxiliary equipment such as pumps, hoses, electrical switches, etc., shall be Underwriters' Laboratory-approved for liquefied petroleum gases; and

(9) In addition to the foregoing requirements, all class one applicants must comply with all other applicable requirements.

Acts 1965, No. 31, § 24; 1977, No. 396, § 2; A.S.A. 1947, § 53-723; Acts 1991, No. 300, § 3; 1995, No. 477, § 4; 1999, No. 1577, § 8; 2001, No. 1219, § 1; 2007, No. 733, § 7; 2009, No. 481, § 11.
Ark. Code Ann. § 15-21-401 — AR Code / Title 15 / Chapter 21 / Subchapter 4 / Section 15-21-401
Policy and purposes - Acceptance of federal act
Status: in_force

(a) It is recognized and declared, as a matter of legislative determination, that the public welfare of this state requires the cooperation of this state with other states and with the federal government in the accomplishment of the policy and purposes declared by the United States Congress in § 7(a) of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. § 590g(a) . Those policies and purposes are: (1) Preservation and improvement of soil fertility; (2) Promotion of the economic use and conservation of land; (3) Diminution of exploitation and wasteful and unscientific use of national soil resources; (4) The protection of rivers and harbors against the results of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control; and (5) (A) Reestablishment, at as rapid a rate as the United States Secretary of Agriculture determines to be practicable and in the general public interest of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909 - July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such a ratio. (B) The powers conferred under §§ 7-14, inclusive, of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. §§ 590g-590n , shall be used to assist voluntary action calculated to effectuate the purposes specified in this section. Such powers shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the United States Secretary of Agriculture from the records of domestic human consumption in the years 1920-1929, inclusive, taking into consideration increased population, quantities of any commodity that were forced into domestic consumption by decline in exports during such a period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. (C) In carrying out the purposes of this section, due regard shall be given to the maintenance of a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair both to producers and consumers. (b) The State of Arkansas therefore adopts the policy of cooperating with the governments and agencies of other states and of the United States in the accomplishment of the policy and purposes of § 7 of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. § 590g , and accepts the provisions and requirements thereof. Acts 1937, No. 175, § 1; Pope's Dig., § 11847; A.S.A. 1947, § 77-1501.

(a) It is recognized and declared, as a matter of legislative determination, that the public welfare of this state requires the cooperation of this state with other states and with the federal government in the accomplishment of the policy and purposes declared by the United States Congress in § 7(a) of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. § 590g(a) . Those policies and purposes are: (1) Preservation and improvement of soil fertility; (2) Promotion of the economic use and conservation of land; (3) Diminution of exploitation and wasteful and unscientific use of national soil resources; (4) The protection of rivers and harbors against the results of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control; and (5) (A) Reestablishment, at as rapid a rate as the United States Secretary of Agriculture determines to be practicable and in the general public interest of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909 - July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such a ratio. (B) The powers conferred under §§ 7-14, inclusive, of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. §§ 590g-590n , shall be used to assist voluntary action calculated to effectuate the purposes specified in this section. Such powers shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the United States Secretary of Agriculture from the records of domestic human consumption in the years 1920-1929, inclusive, taking into consideration increased population, quantities of any commodity that were forced into domestic consumption by decline in exports during such a period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. (C) In carrying out the purposes of this section, due regard shall be given to the maintenance of a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair both to producers and consumers.

(1) Preservation and improvement of soil fertility;

(2) Promotion of the economic use and conservation of land;

(3) Diminution of exploitation and wasteful and unscientific use of national soil resources;

(4) The protection of rivers and harbors against the results of soil erosion in aid of maintaining the navigability of waters and water courses and in aid of flood control; and

(5) (A) Reestablishment, at as rapid a rate as the United States Secretary of Agriculture determines to be practicable and in the general public interest of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909 - July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such a ratio. (B) The powers conferred under §§ 7-14, inclusive, of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. §§ 590g-590n , shall be used to assist voluntary action calculated to effectuate the purposes specified in this section. Such powers shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the United States Secretary of Agriculture from the records of domestic human consumption in the years 1920-1929, inclusive, taking into consideration increased population, quantities of any commodity that were forced into domestic consumption by decline in exports during such a period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities. (C) In carrying out the purposes of this section, due regard shall be given to the maintenance of a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair both to producers and consumers.

(A) Reestablishment, at as rapid a rate as the United States Secretary of Agriculture determines to be practicable and in the general public interest of the ratio between the purchasing power of the net income per person on farms and that of the income per person not on farms that prevailed during the five-year period August 1909 - July 1914, inclusive, as determined from statistics available in the United States Department of Agriculture, and the maintenance of such a ratio.

(B) The powers conferred under §§ 7-14, inclusive, of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. §§ 590g-590n , shall be used to assist voluntary action calculated to effectuate the purposes specified in this section. Such powers shall not be used to discourage the production of supplies of foods and fibers sufficient to maintain normal domestic human consumption as determined by the United States Secretary of Agriculture from the records of domestic human consumption in the years 1920-1929, inclusive, taking into consideration increased population, quantities of any commodity that were forced into domestic consumption by decline in exports during such a period, current trends in domestic consumption and exports of particular commodities, and the quantities of substitutes available for domestic consumption within any general class of food commodities.

(C) In carrying out the purposes of this section, due regard shall be given to the maintenance of a continuous and stable supply of agricultural commodities adequate to meet consumer demand at prices fair both to producers and consumers.

(b) The State of Arkansas therefore adopts the policy of cooperating with the governments and agencies of other states and of the United States in the accomplishment of the policy and purposes of § 7 of the Soil Conservation and Domestic Allotment Act, 16 U.S.C. § 590g , and accepts the provisions and requirements thereof.

Acts 1937, No. 175, § 1; Pope's Dig., § 11847; A.S.A. 1947, § 77-1501.
Ark. Code Ann. § 15-4-1403 — AR Code / Title 15 / Chapter 4 / Subchapter 14 / Section 15-4-1403
Prototype development center - Objectives of program
Status: in_force

(a) The Board of Trustees of the University of Arkansas, in consultation with the Arkansas Inventors Congress, Inc., is authorized to establish a Center for Prototype Development and Emerging Technologies at the University of Arkansas at Little Rock to provide assistance to inventors. (b) The inventors' assistance program shall be designed to: (1) Attract inventors from throughout this state, the nation, and other countries and encourage them to submit their proposals for review and evaluation; (2) (A) Provide assistance to inventors whose proposals are accepted after evaluation and review. (B) Assistance may include limited patent searches, market analysis, product research and development, assistance in obtaining financing, business counseling, and any other assistance not prohibited by the Arkansas Constitution or laws of this state which is necessary to develop the product to the commercial state. (C) To protect both the state and the inventor, a disclosure document shall be on file with the United States Patent and Trademark Office before the center will review a proposal; (3) Provide assistance to enable the manufacturing, marketing, and distribution of the product; and (4) Protect the confidentiality of each inventor's proposals to the extent permitted by law. Acts 1991, No. 707, § 3.

(a) The Board of Trustees of the University of Arkansas, in consultation with the Arkansas Inventors Congress, Inc., is authorized to establish a Center for Prototype Development and Emerging Technologies at the University of Arkansas at Little Rock to provide assistance to inventors.

(b) The inventors' assistance program shall be designed to: (1) Attract inventors from throughout this state, the nation, and other countries and encourage them to submit their proposals for review and evaluation; (2) (A) Provide assistance to inventors whose proposals are accepted after evaluation and review. (B) Assistance may include limited patent searches, market analysis, product research and development, assistance in obtaining financing, business counseling, and any other assistance not prohibited by the Arkansas Constitution or laws of this state which is necessary to develop the product to the commercial state. (C) To protect both the state and the inventor, a disclosure document shall be on file with the United States Patent and Trademark Office before the center will review a proposal; (3) Provide assistance to enable the manufacturing, marketing, and distribution of the product; and (4) Protect the confidentiality of each inventor's proposals to the extent permitted by law.

(1) Attract inventors from throughout this state, the nation, and other countries and encourage them to submit their proposals for review and evaluation;

(2) (A) Provide assistance to inventors whose proposals are accepted after evaluation and review. (B) Assistance may include limited patent searches, market analysis, product research and development, assistance in obtaining financing, business counseling, and any other assistance not prohibited by the Arkansas Constitution or laws of this state which is necessary to develop the product to the commercial state. (C) To protect both the state and the inventor, a disclosure document shall be on file with the United States Patent and Trademark Office before the center will review a proposal;

(A) Provide assistance to inventors whose proposals are accepted after evaluation and review.

(B) Assistance may include limited patent searches, market analysis, product research and development, assistance in obtaining financing, business counseling, and any other assistance not prohibited by the Arkansas Constitution or laws of this state which is necessary to develop the product to the commercial state.

(C) To protect both the state and the inventor, a disclosure document shall be on file with the United States Patent and Trademark Office before the center will review a proposal;

(3) Provide assistance to enable the manufacturing, marketing, and distribution of the product; and

(4) Protect the confidentiality of each inventor's proposals to the extent permitted by law.

Acts 1991, No. 707, § 3.
Ark. Code Ann. § 15-32-402 — AR Code / Title 15 / Chapter 32 / Subchapter 4 / Section 15-32-402
Method of scaling or measuring
Status: in_force

(a) In surveying or measuring logs, the county timber inspectors and their deputy county timber inspectors shall make such allowance for hollow, rotten, or crooked logs as would make them equal to good, sound, straight, and merchantable logs. (b) All logs that are straight and sound are to be measured at their full size inside the bark at the small end. (c) All logs over twenty-four feet (24') long not exceeding thirty-six feet (36') shall be scaled or measured as two (2) logs, allowing the rise from the first to the second log as may be required or as may seem proper in the opinion of the county timber inspectors or their deputy county timber inspectors. Acts 1883, No. 83, § 13, p. 140; 1901, No. 130, § 8, p. 202; C. & M. Dig., § 6992; Pope's Dig., § 8972; A.S.A. 1947, § 54-302.

(a) In surveying or measuring logs, the county timber inspectors and their deputy county timber inspectors shall make such allowance for hollow, rotten, or crooked logs as would make them equal to good, sound, straight, and merchantable logs.

(b) All logs that are straight and sound are to be measured at their full size inside the bark at the small end.

(c) All logs over twenty-four feet (24') long not exceeding thirty-six feet (36') shall be scaled or measured as two (2) logs, allowing the rise from the first to the second log as may be required or as may seem proper in the opinion of the county timber inspectors or their deputy county timber inspectors.

Acts 1883, No. 83, § 13, p. 140; 1901, No. 130, § 8, p. 202; C. & M. Dig., § 6992; Pope's Dig., § 8972; A.S.A. 1947, § 54-302.
Ark. Code Ann. § 15-20-1002 — AR Code / Title 15 / Chapter 20 / Subchapter 10 / Section 15-20-1002
Legislative intent
Status: in_force

The General Assembly finds that: (1) Proper application of nutrients is necessary for maximum soil fertility and proper plant growth; (2) Failure to properly apply nutrients to soil may result in a waste of a valuable resource and may negatively impact waters within the state; (3) Persons developing soil nutrient plans or applying nutrients to soil should have certain knowledge, skills, and abilities to ensure the proper use of soil nutrients; and (4) A certification system must be developed to determine that persons certified have the knowledge, skill, and abilities to properly develop nutrient management plans or properly apply soil nutrients. Acts 2003, No. 1059, § 1.

The General Assembly finds that:

(1) Proper application of nutrients is necessary for maximum soil fertility and proper plant growth;

(2) Failure to properly apply nutrients to soil may result in a waste of a valuable resource and may negatively impact waters within the state;

(3) Persons developing soil nutrient plans or applying nutrients to soil should have certain knowledge, skills, and abilities to ensure the proper use of soil nutrients; and

(4) A certification system must be developed to determine that persons certified have the knowledge, skill, and abilities to properly develop nutrient management plans or properly apply soil nutrients.

Acts 2003, No. 1059, § 1.