Ark. Code Ann. § 15-4-1902 — AR Code / Title 15 / Chapter 4 / Subchapter 19 / Section 15-4-1902
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Average hourly wage" means the average wage of the net new full-time permanent employees based on payroll for the most recent quarter reported to the Division of Workforce Services. (B) "Average hourly wage" is computed by using the total of the net new full-time permanent employees' reported taxable earnings, including overtime pay and one-fourth (1/4) of the employee's annual bonus amount, divided by the number of weeks worked during the most recent quarter, divided by the average hours worked per week per net new full-time permanent employee; (2) "Commission" means the Arkansas Economic Development Commission; (3) "Corporate headquarters" means the home or center of operations, including research and development, of a national or multinational corporation; (4) "Distribution center" means a facility for the reception, storage, or shipping of: (A) A business's own products or products that the business wholesales to retail businesses or ships to its own retail outlets; (B) Products owned by other companies with which the business has contracts for storage and shipping if seventy-five percent (75%) of the sales revenues are from out-of-state customers; or (C) Products for sale to the general public if seventy-five percent (75%) of the sales revenues are from out-of-state customers; (5) "Eligible business" is defined as one (1) or more of the following: (A) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers; (B) (i) Computer businesses primarily engaged in providing computer programming services; the design and development of prepackaged software; businesses engaged in digital content production and preservation; computer processing and data preparation services; information retrieval services; and computer and data processing consultants and developers. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public; (C) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731; (D) (i) Businesses primarily engaged in motion picture productions. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public; (E) A distribution center with no retail sales to the general public unless seventy-five percent (75%) of the sales revenues are from out-of-state customers; (F) An office sector business with no retail sales to the general public; and (G) A corporate or regional headquarters with no retail sales to the general public; (6) [Repealed.] (7) "Financial incentive plan" means an agreement entered into by a business and the commission to provide the business an incentive to locate a new facility or expand an existing facility in Arkansas; (8) "Governing authority" means the quorum court of a county or the governing body of a municipality; (9) (A) "High unemployment" means an unemployment rate equal to or in excess of one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division, when the state's annual average unemployment rate is six percent (6%) or below. (B) When the state's annual average unemployment rate is above six percent (6%), "high unemployment" means equal to or in excess of three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division; (10) (A) (i) "Net new full-time permanent employee" means a position or job which was created as a result of a project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned. (ii) The position or job held by the employee or employees must have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week. (B) However, in order to qualify for the provisions of this subchapter, a contractual employee must be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter; (11) "Office sector" means control centers that influence the environment in which data processing, customer service, credit accounting, telemarketing, claims processing, and other administrative functions that act as production centers are performed; (12) "Payroll factor" of a project plant or facility is a fraction, the numerator being the total amount paid in this state during the tax period by the project plant or facility for compensation to employees working in the plant or facility and the denominator being the total compensation paid in the taxpayer's Arkansas operations during the tax period; (13) "Program" means this subchapter; (14) (A) "Project" means the construction or expansion of an eligible business as defined in subdivision (5) of this section in Arkansas costing at least five million dollars ($5,000,000), including the cost of the land, buildings, and equipment used in the construction or expansion, which has been approved by the commission as a construction or expansion qualifying for tax benefits under this subchapter. (B) The project cost shall include: (i) All activities and costs associated with the construction of a new plant or facility; (ii) All activities and costs associated with the expansion of an established plant or facility by adding to the building or production equipment or support infrastructure, or both; and (iii) All activities and costs associated with the replacement of production or processing equipment or support infrastructure, or both. (C) The project cost shall not include routine operating expenditures; (15) "Property factor" of a project plant or facility is a fraction, the numerator being the average value of the taxpayer's real and tangible personal property owned or rented and used at the project plant or facility during the tax period and the denominator being the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period in Arkansas; (16) "Regional headquarters" means the center of operations for a specific geographical area; and (17) "Sales factor" of a project plant or facility is a fraction, the numerator being the total sales of the project plant or facility in this state during the tax period and the denominator being the total sales of the taxpayer's Arkansas operations during the tax period. Amended by Act 2019, No. 910,§ 378, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 377, eff. 7/1/2019. Acts 1995, No. 831, § 2; 1997, No. 540, § 87; 1997, No. 807, §§ 14, 15, 23; 1999, No. 575, § 1; 2001, No. 975, §§ 1-7; 2001, No. 1401, § 5.

As used in this subchapter:

(1) (A) "Average hourly wage" means the average wage of the net new full-time permanent employees based on payroll for the most recent quarter reported to the Division of Workforce Services. (B) "Average hourly wage" is computed by using the total of the net new full-time permanent employees' reported taxable earnings, including overtime pay and one-fourth (1/4) of the employee's annual bonus amount, divided by the number of weeks worked during the most recent quarter, divided by the average hours worked per week per net new full-time permanent employee;

(A) "Average hourly wage" means the average wage of the net new full-time permanent employees based on payroll for the most recent quarter reported to the Division of Workforce Services.

(B) "Average hourly wage" is computed by using the total of the net new full-time permanent employees' reported taxable earnings, including overtime pay and one-fourth (1/4) of the employee's annual bonus amount, divided by the number of weeks worked during the most recent quarter, divided by the average hours worked per week per net new full-time permanent employee;

(2) "Commission" means the Arkansas Economic Development Commission;

(3) "Corporate headquarters" means the home or center of operations, including research and development, of a national or multinational corporation;

(4) "Distribution center" means a facility for the reception, storage, or shipping of: (A) A business's own products or products that the business wholesales to retail businesses or ships to its own retail outlets; (B) Products owned by other companies with which the business has contracts for storage and shipping if seventy-five percent (75%) of the sales revenues are from out-of-state customers; or (C) Products for sale to the general public if seventy-five percent (75%) of the sales revenues are from out-of-state customers;

(A) A business's own products or products that the business wholesales to retail businesses or ships to its own retail outlets;

(B) Products owned by other companies with which the business has contracts for storage and shipping if seventy-five percent (75%) of the sales revenues are from out-of-state customers; or

(C) Products for sale to the general public if seventy-five percent (75%) of the sales revenues are from out-of-state customers;

(5) "Eligible business" is defined as one (1) or more of the following: (A) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers; (B) (i) Computer businesses primarily engaged in providing computer programming services; the design and development of prepackaged software; businesses engaged in digital content production and preservation; computer processing and data preparation services; information retrieval services; and computer and data processing consultants and developers. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public; (C) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731; (D) (i) Businesses primarily engaged in motion picture productions. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public; (E) A distribution center with no retail sales to the general public unless seventy-five percent (75%) of the sales revenues are from out-of-state customers; (F) An office sector business with no retail sales to the general public; and (G) A corporate or regional headquarters with no retail sales to the general public;

(A) Manufacturers classified in Standard Industrial Classification codes 20-39, including semiconductor and microelectronic manufacturers;

(B) (i) Computer businesses primarily engaged in providing computer programming services; the design and development of prepackaged software; businesses engaged in digital content production and preservation; computer processing and data preparation services; information retrieval services; and computer and data processing consultants and developers. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public;

(i) Computer businesses primarily engaged in providing computer programming services; the design and development of prepackaged software; businesses engaged in digital content production and preservation; computer processing and data preparation services; information retrieval services; and computer and data processing consultants and developers.

(ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public;

(C) Businesses primarily engaged in commercial physical and biological research as classified by Standard Industrial Classification code 8731;

(D) (i) Businesses primarily engaged in motion picture productions. (ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public;

(i) Businesses primarily engaged in motion picture productions.

(ii) All businesses in this group must derive at least seventy-five percent (75%) of their revenue from out-of-state sales and have no retail sales to the general public;

(E) A distribution center with no retail sales to the general public unless seventy-five percent (75%) of the sales revenues are from out-of-state customers;

(F) An office sector business with no retail sales to the general public; and

(G) A corporate or regional headquarters with no retail sales to the general public;

(6) [Repealed.]

(7) "Financial incentive plan" means an agreement entered into by a business and the commission to provide the business an incentive to locate a new facility or expand an existing facility in Arkansas;

(8) "Governing authority" means the quorum court of a county or the governing body of a municipality;

(9) (A) "High unemployment" means an unemployment rate equal to or in excess of one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division, when the state's annual average unemployment rate is six percent (6%) or below. (B) When the state's annual average unemployment rate is above six percent (6%), "high unemployment" means equal to or in excess of three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division;

(A) "High unemployment" means an unemployment rate equal to or in excess of one hundred fifty percent (150%) of the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division, when the state's annual average unemployment rate is six percent (6%) or below.

(B) When the state's annual average unemployment rate is above six percent (6%), "high unemployment" means equal to or in excess of three percent (3%) above the state's average unemployment rate for the preceding calendar year as specified by statewide annual labor force statistics compiled by the division;

(10) (A) (i) "Net new full-time permanent employee" means a position or job which was created as a result of a project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned. (ii) The position or job held by the employee or employees must have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week. (B) However, in order to qualify for the provisions of this subchapter, a contractual employee must be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(A) (i) "Net new full-time permanent employee" means a position or job which was created as a result of a project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned. (ii) The position or job held by the employee or employees must have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week.

(i) "Net new full-time permanent employee" means a position or job which was created as a result of a project and which is filled by one (1) or more employees or contractual employees who were Arkansas taxpayers during the year in which the tax credits or incentives were earned.

(ii) The position or job held by the employee or employees must have been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours per week.

(B) However, in order to qualify for the provisions of this subchapter, a contractual employee must be offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(11) "Office sector" means control centers that influence the environment in which data processing, customer service, credit accounting, telemarketing, claims processing, and other administrative functions that act as production centers are performed;

(12) "Payroll factor" of a project plant or facility is a fraction, the numerator being the total amount paid in this state during the tax period by the project plant or facility for compensation to employees working in the plant or facility and the denominator being the total compensation paid in the taxpayer's Arkansas operations during the tax period;

(13) "Program" means this subchapter;

(14) (A) "Project" means the construction or expansion of an eligible business as defined in subdivision (5) of this section in Arkansas costing at least five million dollars ($5,000,000), including the cost of the land, buildings, and equipment used in the construction or expansion, which has been approved by the commission as a construction or expansion qualifying for tax benefits under this subchapter. (B) The project cost shall include: (i) All activities and costs associated with the construction of a new plant or facility; (ii) All activities and costs associated with the expansion of an established plant or facility by adding to the building or production equipment or support infrastructure, or both; and (iii) All activities and costs associated with the replacement of production or processing equipment or support infrastructure, or both. (C) The project cost shall not include routine operating expenditures;

(A) "Project" means the construction or expansion of an eligible business as defined in subdivision (5) of this section in Arkansas costing at least five million dollars ($5,000,000), including the cost of the land, buildings, and equipment used in the construction or expansion, which has been approved by the commission as a construction or expansion qualifying for tax benefits under this subchapter.

(B) The project cost shall include: (i) All activities and costs associated with the construction of a new plant or facility; (ii) All activities and costs associated with the expansion of an established plant or facility by adding to the building or production equipment or support infrastructure, or both; and (iii) All activities and costs associated with the replacement of production or processing equipment or support infrastructure, or both.

(i) All activities and costs associated with the construction of a new plant or facility;

(ii) All activities and costs associated with the expansion of an established plant or facility by adding to the building or production equipment or support infrastructure, or both; and

(iii) All activities and costs associated with the replacement of production or processing equipment or support infrastructure, or both.

(C) The project cost shall not include routine operating expenditures;

(15) "Property factor" of a project plant or facility is a fraction, the numerator being the average value of the taxpayer's real and tangible personal property owned or rented and used at the project plant or facility during the tax period and the denominator being the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period in Arkansas;

(16) "Regional headquarters" means the center of operations for a specific geographical area; and

(17) "Sales factor" of a project plant or facility is a fraction, the numerator being the total sales of the project plant or facility in this state during the tax period and the denominator being the total sales of the taxpayer's Arkansas operations during the tax period.

Amended by Act 2019, No. 910,§ 378, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 377, eff. 7/1/2019.

Acts 1995, No. 831, § 2; 1997, No. 540, § 87; 1997, No. 807, §§ 14, 15, 23; 1999, No. 575, § 1; 2001, No. 975, §§ 1-7; 2001, No. 1401, § 5.
Ark. Code Ann. § 15-72-309 — AR Code / Title 15 / Chapter 72 / Subchapter 3 / Section 15-72-309
Findings to support order requiring unit operation - Issuance
Status: in_force

(a) If after hearing and considering the petition and evidence offered in support thereof the Oil and Gas Commission makes the following findings, it shall issue an order requiring unit operation in accordance with the terms of the proposed unit operating agreement: (1) The proposed unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil or gas from the total proposed unit area and by persons who at that time owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil or gas produced from the entire unit area; (2) Unit operation of the pool or any portion thereof proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and (3) The value of the additional oil or gas to be recovered from the proposed unit area as a result of the proposed unit operation will exceed the additional cost incident to conducting the operation. (b) Thereafter, the order and the provisions of the unit operating agreement shall be effective as to and binding upon each person owning an interest in the unit area or in oil or gas produced therefrom or the proceeds thereof. (c) With respect to an interest which is encumbered of record with a mortgage or deed of trust both the grantor and grantee therein shall for the purposes of subdivision (a)(1) of this section be considered as the record owner of legal title thereto. However, when the instrument gives the grantor in the mortgage or deed of trust the right to execute the unit agreement, the grantor shall for that purpose be deemed the record owner. Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.

(a) If after hearing and considering the petition and evidence offered in support thereof the Oil and Gas Commission makes the following findings, it shall issue an order requiring unit operation in accordance with the terms of the proposed unit operating agreement: (1) The proposed unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil or gas from the total proposed unit area and by persons who at that time owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil or gas produced from the entire unit area; (2) Unit operation of the pool or any portion thereof proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and (3) The value of the additional oil or gas to be recovered from the proposed unit area as a result of the proposed unit operation will exceed the additional cost incident to conducting the operation.

(1) The proposed unit agreement has, or counterparts thereof have, been executed by persons who at the time of filing of the petition owned of record legal title to at least an undivided seventy-five percent (75%) interest in the right to drill into and produce oil or gas from the total proposed unit area and by persons who at that time owned of record legal title to seventy-five percent (75%) of royalty and overriding royalty payable with respect to oil or gas produced from the entire unit area;

(2) Unit operation of the pool or any portion thereof proposed to be unitized is reasonably necessary to prevent waste, to increase ultimate recovery of oil or gas, and to protect correlative rights; and

(3) The value of the additional oil or gas to be recovered from the proposed unit area as a result of the proposed unit operation will exceed the additional cost incident to conducting the operation.

(b) Thereafter, the order and the provisions of the unit operating agreement shall be effective as to and binding upon each person owning an interest in the unit area or in oil or gas produced therefrom or the proceeds thereof.

(c) With respect to an interest which is encumbered of record with a mortgage or deed of trust both the grantor and grantee therein shall for the purposes of subdivision (a)(1) of this section be considered as the record owner of legal title thereto. However, when the instrument gives the grantor in the mortgage or deed of trust the right to execute the unit agreement, the grantor shall for that purpose be deemed the record owner.

Acts 1939, No. 105, § 15; 1951, No. 134, § 1; A.S.A. 1947, § 53-115.
Ark. Code Ann. § 15-4-3910 — AR Code / Title 15 / Chapter 4 / Subchapter 39 / Section 15-4-3910
Rules
Status: in_force

The Military Affairs Division shall adopt rules to implement and administer this subchapter, including without limitation rules regarding the: (1) Application process for grants provided under the Military Affairs Grant Program; (2) Disbursement of grant funds; and (3) Reporting required by an eligible applicant that receives grant funds. Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.

The Military Affairs Division shall adopt rules to implement and administer this subchapter, including without limitation rules regarding the:

(1) Application process for grants provided under the Military Affairs Grant Program;

(2) Disbursement of grant funds; and

(3) Reporting required by an eligible applicant that receives grant funds.

Added by Act 2021, No. 522,§ 2, eff. 7/1/2021.
Ark. Code Ann. § 15-22-702 — AR Code / Title 15 / Chapter 22 / Subchapter 7 / Section 15-22-702
Definitions
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Natural Resources Commission and any successor agency or department; (2) "Debt service" means principal, interest, redemption premiums, if any, and trustees' and paying agents' and like servicing fees relative to the bonds; (3) "Develop" means to construct, acquire by purchase or, as set forth in § 15-22-704(5) , by eminent domain, own, operate, lease as lessor or lessee, lend, make grants in respect of, or install or equip any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed; (4) "Person" means any individual partnership or corporation, or any county, municipality, conservation district, or school district in the State of Arkansas or agency thereof or any agency of the State of Arkansas; (5) "Pollution abatement" means reduction, control, or elimination by appropriate methods of contamination or other alteration of the physical, chemical, or biological properties of any waters of the state or such discharge of any liquid, gaseous, or solid substance in any waters of the state as will or is likely to create a nuisance or render the waters harmful or detrimental or injurious to public health, safety, or welfare or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses or to livestock, wild animals, birds, or fish or other aquatic life; (6) "Project" means any lands, buildings, improvements, conservation practices, machinery, equipment, or other property, real, personal, or mixed, or any combination thereof developed in pursuance of all or any of the purposes of this subchapter; (7) "Project costs" means all or any part of the costs of developing any project under this subchapter, costs incidental or appropriate thereto, and costs incidental or appropriate to the financing thereof, including, without limitation, capitalized interest and appropriate reserves and fees and costs for engineering, legal, and other administrative and consultant services; and (8) "Waste" means any liquid or solid produced as an undesirable by-product of any activity. Acts 1987, No. 686, § 3.

As used in this subchapter:

(1) "Commission" means the Arkansas Natural Resources Commission and any successor agency or department;

(2) "Debt service" means principal, interest, redemption premiums, if any, and trustees' and paying agents' and like servicing fees relative to the bonds;

(3) "Develop" means to construct, acquire by purchase or, as set forth in § 15-22-704(5) , by eminent domain, own, operate, lease as lessor or lessee, lend, make grants in respect of, or install or equip any lands, buildings, improvements, machinery, equipment, or other properties of whatever nature, real, personal, or mixed;

(4) "Person" means any individual partnership or corporation, or any county, municipality, conservation district, or school district in the State of Arkansas or agency thereof or any agency of the State of Arkansas;

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

(6) "Project" means any lands, buildings, improvements, conservation practices, machinery, equipment, or other property, real, personal, or mixed, or any combination thereof developed in pursuance of all or any of the purposes of this subchapter;

(7) "Project costs" means all or any part of the costs of developing any project under this subchapter, costs incidental or appropriate thereto, and costs incidental or appropriate to the financing thereof, including, without limitation, capitalized interest and appropriate reserves and fees and costs for engineering, legal, and other administrative and consultant services; and

(8) "Waste" means any liquid or solid produced as an undesirable by-product of any activity.

Acts 1987, No. 686, § 3.
Ark. Code Ann. § 15-10-802 — AR Code / Title 15 / Chapter 10 / Subchapter 8 / Section 15-10-802
[Repealed]
Status: repealed

Repealed by Act 2023, No. 204,§ 11, eff. 8/1/2023. Amended by Act 2016EX3, No. 3,§ 33, eff. 5/23/2016. Amended by Act 2016EX3, No. 2,§ 33, eff. 5/23/2016. Acts 2009, No. 1301, § 1.

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

Amended by Act 2016EX3, No. 3,§ 33, eff. 5/23/2016.

Amended by Act 2016EX3, No. 2,§ 33, eff. 5/23/2016.

Acts 2009, No. 1301, § 1.
Ark. Code Ann. § 15-5-1907 — AR Code / Title 15 / Chapter 5 / Subchapter 19 / Section 15-5-1907
Students - Power to contract
Status: in_force

(a) For the purpose of this subchapter, a student who is a qualified borrower is vested with full capacity to contract and is bound by any contract executed by him or her under this subchapter. (b) The fact that the student was a minor at the time he or she executed the note shall not be a defense in any action arising on the note. Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.

(a) For the purpose of this subchapter, a student who is a qualified borrower is vested with full capacity to contract and is bound by any contract executed by him or her under this subchapter.

(b) The fact that the student was a minor at the time he or she executed the note shall not be a defense in any action arising on the note.

Added by Act 2017, No. 824,§ 15, eff. 7/1/2017.
Ark. Code Ann. § 15-5-609 — AR Code / Title 15 / Chapter 5 / Subchapter 6 / Section 15-5-609
Filing fee
Status: in_force

The Arkansas Development Finance Authority may charge each issuer of affected bonds a filing fee for establishing its compliance with the Internal Revenue Code, 26 U.S.C. § 1 et seq., by appropriate resolution of the authority and may modify its filing fee from time to time by subsequent resolution of the authority. Acts 1987, No. 900, § 8.

The Arkansas Development Finance Authority may charge each issuer of affected bonds a filing fee for establishing its compliance with the Internal Revenue Code, 26 U.S.C. § 1 et seq., by appropriate resolution of the authority and may modify its filing fee from time to time by subsequent resolution of the authority.

Acts 1987, No. 900, § 8.
Ark. Code Ann. § 15-43-205 — AR Code / Title 15 / Chapter 43 / Subchapter 2 / Section 15-43-205
Negligent discharge of firearms while hunting deer
Status: in_force

(a) The General Assembly has become aware of the fact that many persons hunting deer in this state negligently allow their firearms to be discharged without exercising proper care to ascertain the object at which they shoot, thereby endangering the life, limb, and property of other persons. It is the intent of this section to deter the negligent use of firearms by deer hunters by imposing penalties therefor. (b) A person who, while hunting deer, negligently discharges a firearm in such circumstances as to endanger the person or property of another shall be fined in an amount not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or may be imprisoned in the county jail for a period not less than thirty (30) days nor more than six (6) months, or be both fined and imprisoned. Acts 1965, No. 412, §§ 1, 2; A.S.A. 1947, §§ 47-535, 47-535n.

(a) The General Assembly has become aware of the fact that many persons hunting deer in this state negligently allow their firearms to be discharged without exercising proper care to ascertain the object at which they shoot, thereby endangering the life, limb, and property of other persons. It is the intent of this section to deter the negligent use of firearms by deer hunters by imposing penalties therefor.

(b) A person who, while hunting deer, negligently discharges a firearm in such circumstances as to endanger the person or property of another shall be fined in an amount not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or may be imprisoned in the county jail for a period not less than thirty (30) days nor more than six (6) months, or be both fined and imprisoned.

Acts 1965, No. 412, §§ 1, 2; A.S.A. 1947, §§ 47-535, 47-535n.
Ark. Code Ann. § 15-73-304 — AR Code / Title 15 / Chapter 73 / Subchapter 3 / Section 15-73-304
Court determinations, orders, and appointments
Status: in_force

If the circuit court after the hearing shall determine that the lease should be executed, it shall enter an order authorizing the life tenant to execute the lease. The court shall: (1) Determine the extent to which the estate of the life tenant may be damaged or impaired by the development and operations of the property for oil and gas, and the court may allow the life tenant as compensation all or any part of the consideration paid for the lease, and all or any part of the rentals which may accrue on account of delay in beginning operations, and the proportion of the oil, gas, and minerals in, on, and under the lands, not to exceed an undivided one-sixteenth (1/16) interest therein. The order of the court, upon the approval and confirmation of the lease as provided in § 15-73-305 , shall vest in such life tenant title absolute in fee simple in and to the proportionate part of the consideration, delay rentals, and mineral interest so awarded to him or her by the court, which interest shall be free and clear of any limitations, conditions, or restrictions imposed by the will or deed by which he or she acquired title, and free and clear of any present or future claim of any person or persons asserting or attempting to assert a reversional or a remainder interest therein on account of the deed or will; (2) Appoint some suitable person as trustee for the benefit of the contingent remaindermen and reversioners, and require that the trustee shall execute bond in a sum as the court may deem proper; (3) Direct and authorize the life tenant, after the filing of the bond by the trustee, to execute to the lessee an oil and gas lease covering the lands, which lease shall reserve as royalty not less than one-eighth (1/8) of the oil and gas which may be produced, saved, and marketed from the lands. Of the royalty so reserved, the life tenant shall receive the proportion as the mineral interest allowed to him or her by the court as damages bears to the amount of royalty reserved under the lease, i.e. if the court allows the life tenant a one-sixteenth (1/16) interest and the lease reserves one-eighth (1/8) as royalty, the life tenant would be entitled to receive one-half (1/2) of the royalty; and (4) Make such further orders in the premises as may seem equitable and just. Acts 1929, No. 76, § 4; Pope's Dig., § 1803; A.S.A. 1947, § 53-306.

If the circuit court after the hearing shall determine that the lease should be executed, it shall enter an order authorizing the life tenant to execute the lease. The court shall:

(1) Determine the extent to which the estate of the life tenant may be damaged or impaired by the development and operations of the property for oil and gas, and the court may allow the life tenant as compensation all or any part of the consideration paid for the lease, and all or any part of the rentals which may accrue on account of delay in beginning operations, and the proportion of the oil, gas, and minerals in, on, and under the lands, not to exceed an undivided one-sixteenth (1/16) interest therein. The order of the court, upon the approval and confirmation of the lease as provided in § 15-73-305 , shall vest in such life tenant title absolute in fee simple in and to the proportionate part of the consideration, delay rentals, and mineral interest so awarded to him or her by the court, which interest shall be free and clear of any limitations, conditions, or restrictions imposed by the will or deed by which he or she acquired title, and free and clear of any present or future claim of any person or persons asserting or attempting to assert a reversional or a remainder interest therein on account of the deed or will;

(2) Appoint some suitable person as trustee for the benefit of the contingent remaindermen and reversioners, and require that the trustee shall execute bond in a sum as the court may deem proper;

(3) Direct and authorize the life tenant, after the filing of the bond by the trustee, to execute to the lessee an oil and gas lease covering the lands, which lease shall reserve as royalty not less than one-eighth (1/8) of the oil and gas which may be produced, saved, and marketed from the lands. Of the royalty so reserved, the life tenant shall receive the proportion as the mineral interest allowed to him or her by the court as damages bears to the amount of royalty reserved under the lease, i.e. if the court allows the life tenant a one-sixteenth (1/16) interest and the lease reserves one-eighth (1/8) as royalty, the life tenant would be entitled to receive one-half (1/2) of the royalty; and

(4) Make such further orders in the premises as may seem equitable and just.

Acts 1929, No. 76, § 4; Pope's Dig., § 1803; A.S.A. 1947, § 53-306.
Ark. Code Ann. § 15-4-3703 — AR Code / Title 15 / Chapter 4 / Subchapter 37 / Section 15-4-3703
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Chief elected official" means the chief elected executive officer of a unit of general local government in a local workforce development area. (B) If a local workforce development area includes more than one (1) unit of general local government, the chief elected officials of each unit shall execute an agreement specifying the respective roles of the individual chief elected officials; (2) "Core programs" means: (A) Youth, adult, and dislocated worker programs funded by the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128; (B) Adult education and literacy activities; (C) Employment services funded by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq.; and (D) Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 732 or 29 U.S.C. § 741 ; and (3) "One-stop partner program" means: (A) Youth, adult, and dislocated worker programs funded by the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128; (B) Adult education and literacy activities; (C) Employment services funded by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq.; (D) Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 732 or 29 U.S.C. § 741 ; (E) Activities authorized under Title V of the Older Americans Act of 1965, 42 U.S.C. § 3056 et seq.; (F) Career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 U.S.C. § 2301 et seq.; (G) Activities authorized under Part 2 of Subchapter II of the Trade Act of 1974, 19 U.S.C. § 2271 et seq.; (H) Activities authorized under 38 U.S.C. § 4100 et seq.; (I) Employment and training activities carried out under the Community Services Block Grant Act, 42 U.S.C. § 9901 et seq.; (J) Employment and training activities carried out by the United States Department of Housing and Urban Development; (K) Programs authorized under state unemployment compensation laws in accordance with applicable federal law; (L) Programs authorized under § 212 of the Second Chance Act of 2007, 42 U.S.C. § 17532 ; and (M) (i) Programs authorized under Part A of Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., subject to subparagraph (C). (ii) "One-stop partner program" does not include a program under subdivision (3)(M)(i) of this section if the Governor determines that the program will not be a one-stop partner and communicates this determination in writing to the Secretary of the United States Department of Labor as required by the Workforce Innovation and Opportunity Act, Pub. Law No. 113-128. Amended by Act 2017, No. 374,§ 12, eff. 8/1/2017. Amended by Act 2017, No. 374,§ 11, eff. 8/1/2017. Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.

As used in this subchapter:

(1) (A) "Chief elected official" means the chief elected executive officer of a unit of general local government in a local workforce development area. (B) If a local workforce development area includes more than one (1) unit of general local government, the chief elected officials of each unit shall execute an agreement specifying the respective roles of the individual chief elected officials;

(A) "Chief elected official" means the chief elected executive officer of a unit of general local government in a local workforce development area.

(B) If a local workforce development area includes more than one (1) unit of general local government, the chief elected officials of each unit shall execute an agreement specifying the respective roles of the individual chief elected officials;

(2) "Core programs" means: (A) Youth, adult, and dislocated worker programs funded by the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128; (B) Adult education and literacy activities; (C) Employment services funded by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq.; and (D) Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 732 or 29 U.S.C. § 741 ; and

(A) Youth, adult, and dislocated worker programs funded by the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128;

(B) Adult education and literacy activities;

(C) Employment services funded by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq.; and

(D) Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 732 or 29 U.S.C. § 741 ; and

(3) "One-stop partner program" means: (A) Youth, adult, and dislocated worker programs funded by the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128; (B) Adult education and literacy activities; (C) Employment services funded by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq.; (D) Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 732 or 29 U.S.C. § 741 ; (E) Activities authorized under Title V of the Older Americans Act of 1965, 42 U.S.C. § 3056 et seq.; (F) Career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 U.S.C. § 2301 et seq.; (G) Activities authorized under Part 2 of Subchapter II of the Trade Act of 1974, 19 U.S.C. § 2271 et seq.; (H) Activities authorized under 38 U.S.C. § 4100 et seq.; (I) Employment and training activities carried out under the Community Services Block Grant Act, 42 U.S.C. § 9901 et seq.; (J) Employment and training activities carried out by the United States Department of Housing and Urban Development; (K) Programs authorized under state unemployment compensation laws in accordance with applicable federal law; (L) Programs authorized under § 212 of the Second Chance Act of 2007, 42 U.S.C. § 17532 ; and (M) (i) Programs authorized under Part A of Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., subject to subparagraph (C). (ii) "One-stop partner program" does not include a program under subdivision (3)(M)(i) of this section if the Governor determines that the program will not be a one-stop partner and communicates this determination in writing to the Secretary of the United States Department of Labor as required by the Workforce Innovation and Opportunity Act, Pub. Law No. 113-128.

(A) Youth, adult, and dislocated worker programs funded by the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128;

(B) Adult education and literacy activities;

(C) Employment services funded by the Wagner-Peyser Act, 29 U.S.C. § 49 et seq.;

(D) Subchapter 1 of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq., other than 29 U.S.C. § 732 or 29 U.S.C. § 741 ;

(E) Activities authorized under Title V of the Older Americans Act of 1965, 42 U.S.C. § 3056 et seq.;

(F) Career and technical education programs at the postsecondary level authorized under the Carl D. Perkins Career and Technical Education Improvement Act of 2006, 20 U.S.C. § 2301 et seq.;

(G) Activities authorized under Part 2 of Subchapter II of the Trade Act of 1974, 19 U.S.C. § 2271 et seq.;

(H) Activities authorized under 38 U.S.C. § 4100 et seq.;

(I) Employment and training activities carried out under the Community Services Block Grant Act, 42 U.S.C. § 9901 et seq.;

(J) Employment and training activities carried out by the United States Department of Housing and Urban Development;

(K) Programs authorized under state unemployment compensation laws in accordance with applicable federal law;

(L) Programs authorized under § 212 of the Second Chance Act of 2007, 42 U.S.C. § 17532 ; and

(M) (i) Programs authorized under Part A of Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., subject to subparagraph (C). (ii) "One-stop partner program" does not include a program under subdivision (3)(M)(i) of this section if the Governor determines that the program will not be a one-stop partner and communicates this determination in writing to the Secretary of the United States Department of Labor as required by the Workforce Innovation and Opportunity Act, Pub. Law No. 113-128.

(i) Programs authorized under Part A of Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., subject to subparagraph (C).

(ii) "One-stop partner program" does not include a program under subdivision (3)(M)(i) of this section if the Governor determines that the program will not be a one-stop partner and communicates this determination in writing to the Secretary of the United States Department of Labor as required by the Workforce Innovation and Opportunity Act, Pub. Law No. 113-128.

Amended by Act 2017, No. 374,§ 12, eff. 8/1/2017.

Amended by Act 2017, No. 374,§ 11, eff. 8/1/2017.

Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Ark. Code Ann. § 15-5-1810 — AR Code / Title 15 / Chapter 5 / Subchapter 18 / Section 15-5-1810
Rules
Status: in_force

The Arkansas Development Finance Authority may promulgate rules to implement this subchapter. Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.

The Arkansas Development Finance Authority may promulgate rules to implement this subchapter.

Added by Act 2013, No. 1252,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 15-72-501 — AR Code / Title 15 / Chapter 72 / Subchapter 5 / Section 15-72-501
Definitions
Status: in_force

(a) As used in this subchapter, unless the context otherwise requires: (1) "Cycling" means an operation in which condensate-bearing gas is displaced from a gas zone by injection of dry gas; and (2) "Gas condensate" means the liquid produced by the condensation of a vapor or gas either after it leaves the reservoir or while still in the reservoir. Condensate is often called distillate, drips, white oil, etc. (3) (A) "Gas drive" means the process wherein energy for the recovery of oil is derived from gas under pressure in the formation. There may be: (i) An injected gas drive; or (ii) A gas-cap drive, which is the displacement of oil by the growth or expansion of a gas zone in an oil reservoir; or (iii) A solution-gas drive, which is the displacement of oil by the expansion of the gas dissolved in it, depending upon the source of the compressed gas. (B) In this manner, gas drive may apply to either primary or secondary recovery; (4) "Gas injection" means the introduction of any gas into a subsurface reservoir; (5) "Pressure maintenance" means a primary recovery or secondary recovery operation so conducted as to afford some degree of control over reservoir-pressure decline. This is preferably accomplished by gas injection in the early life of a pool; (6) "Primary recovery" means the oil, gas, or oil and gas, recovered by natural flow, artificial lift, or any other method that may be employed to produce them through a single well bore, and the fluid enters the well bore by the action of native reservoir energy, or gravity; (7) "Recycling" means a continuous reinjection of produced gas; (8) "Repressuring" means the introduction of fluid, either gas or liquid, into a producing formation for the purpose of increasing the reservoir pressure; (9) "Secondary recovery" means the oil, gas, or oil and gas recovered by any artificial flowing, pumping, or any other method that may be employed to produce them through the joint use of two (2) or more well bores. Secondary recovery is generally recognized as being that recovery which may be obtained by the injection of liquids or gases into the reservoir for the purpose of augmenting reservoir energy. Usually, but not necessarily, this is done after the primary recovery phase has passed; (10) "Water drive" means any process whereby energy for the recovery of oil is derived principally from the movement of water in the formation. The water may be either native or introduced artificially into the formation; (11) "Water flooding" means the introduction of water into an oil-bearing formation for the purpose of increasing the oil recovery, i.e., a secondary recovery operation employing water injection; (12) "Water injection" means the introduction of water into a subsurface reservoir; (b) In addition, the definitions found in § 15-72-102 shall also apply. Acts 1943, No. 302, § 1; A.S.A. 1947, § 53-127.

(a) As used in this subchapter, unless the context otherwise requires: (1) "Cycling" means an operation in which condensate-bearing gas is displaced from a gas zone by injection of dry gas; and (2) "Gas condensate" means the liquid produced by the condensation of a vapor or gas either after it leaves the reservoir or while still in the reservoir. Condensate is often called distillate, drips, white oil, etc. (3) (A) "Gas drive" means the process wherein energy for the recovery of oil is derived from gas under pressure in the formation. There may be: (i) An injected gas drive; or (ii) A gas-cap drive, which is the displacement of oil by the growth or expansion of a gas zone in an oil reservoir; or (iii) A solution-gas drive, which is the displacement of oil by the expansion of the gas dissolved in it, depending upon the source of the compressed gas. (B) In this manner, gas drive may apply to either primary or secondary recovery; (4) "Gas injection" means the introduction of any gas into a subsurface reservoir; (5) "Pressure maintenance" means a primary recovery or secondary recovery operation so conducted as to afford some degree of control over reservoir-pressure decline. This is preferably accomplished by gas injection in the early life of a pool; (6) "Primary recovery" means the oil, gas, or oil and gas, recovered by natural flow, artificial lift, or any other method that may be employed to produce them through a single well bore, and the fluid enters the well bore by the action of native reservoir energy, or gravity; (7) "Recycling" means a continuous reinjection of produced gas; (8) "Repressuring" means the introduction of fluid, either gas or liquid, into a producing formation for the purpose of increasing the reservoir pressure; (9) "Secondary recovery" means the oil, gas, or oil and gas recovered by any artificial flowing, pumping, or any other method that may be employed to produce them through the joint use of two (2) or more well bores. Secondary recovery is generally recognized as being that recovery which may be obtained by the injection of liquids or gases into the reservoir for the purpose of augmenting reservoir energy. Usually, but not necessarily, this is done after the primary recovery phase has passed; (10) "Water drive" means any process whereby energy for the recovery of oil is derived principally from the movement of water in the formation. The water may be either native or introduced artificially into the formation; (11) "Water flooding" means the introduction of water into an oil-bearing formation for the purpose of increasing the oil recovery, i.e., a secondary recovery operation employing water injection; (12) "Water injection" means the introduction of water into a subsurface reservoir;

(1) "Cycling" means an operation in which condensate-bearing gas is displaced from a gas zone by injection of dry gas; and

(2) "Gas condensate" means the liquid produced by the condensation of a vapor or gas either after it leaves the reservoir or while still in the reservoir. Condensate is often called distillate, drips, white oil, etc.

(3) (A) "Gas drive" means the process wherein energy for the recovery of oil is derived from gas under pressure in the formation. There may be: (i) An injected gas drive; or (ii) A gas-cap drive, which is the displacement of oil by the growth or expansion of a gas zone in an oil reservoir; or (iii) A solution-gas drive, which is the displacement of oil by the expansion of the gas dissolved in it, depending upon the source of the compressed gas. (B) In this manner, gas drive may apply to either primary or secondary recovery;

(A) "Gas drive" means the process wherein energy for the recovery of oil is derived from gas under pressure in the formation. There may be: (i) An injected gas drive; or (ii) A gas-cap drive, which is the displacement of oil by the growth or expansion of a gas zone in an oil reservoir; or (iii) A solution-gas drive, which is the displacement of oil by the expansion of the gas dissolved in it, depending upon the source of the compressed gas.

(i) An injected gas drive; or

(ii) A gas-cap drive, which is the displacement of oil by the growth or expansion of a gas zone in an oil reservoir; or

(iii) A solution-gas drive, which is the displacement of oil by the expansion of the gas dissolved in it, depending upon the source of the compressed gas.

(B) In this manner, gas drive may apply to either primary or secondary recovery;

(4) "Gas injection" means the introduction of any gas into a subsurface reservoir;

(5) "Pressure maintenance" means a primary recovery or secondary recovery operation so conducted as to afford some degree of control over reservoir-pressure decline. This is preferably accomplished by gas injection in the early life of a pool;

(6) "Primary recovery" means the oil, gas, or oil and gas, recovered by natural flow, artificial lift, or any other method that may be employed to produce them through a single well bore, and the fluid enters the well bore by the action of native reservoir energy, or gravity;

(7) "Recycling" means a continuous reinjection of produced gas;

(8) "Repressuring" means the introduction of fluid, either gas or liquid, into a producing formation for the purpose of increasing the reservoir pressure;

(9) "Secondary recovery" means the oil, gas, or oil and gas recovered by any artificial flowing, pumping, or any other method that may be employed to produce them through the joint use of two (2) or more well bores. Secondary recovery is generally recognized as being that recovery which may be obtained by the injection of liquids or gases into the reservoir for the purpose of augmenting reservoir energy. Usually, but not necessarily, this is done after the primary recovery phase has passed;

(10) "Water drive" means any process whereby energy for the recovery of oil is derived principally from the movement of water in the formation. The water may be either native or introduced artificially into the formation;

(11) "Water flooding" means the introduction of water into an oil-bearing formation for the purpose of increasing the oil recovery, i.e., a secondary recovery operation employing water injection;

(12) "Water injection" means the introduction of water into a subsurface reservoir;

(b) In addition, the definitions found in § 15-72-102 shall also apply.

Acts 1943, No. 302, § 1; A.S.A. 1947, § 53-127.
Ark. Code Ann. § 15-47-104 — AR Code / Title 15 / Chapter 47 / Subchapter 1 / Section 15-47-104
Funding
Status: in_force

(a) (1) The Arkansas State Game and Fish Commission voluntarily agrees to make available an amount not to exceed five hundred thousand dollars ($500,000) for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for the Wildlife Recreation Facilities Pilot Program for the development of wildlife recreation facilities under this subchapter from moneys that the Arkansas State Game and Fish Commission has received from oil and gas leases in the Fayetteville Shale. (2) The General Assembly recognizes that the agreement under subdivision (a)(1) of this section does not constitute: (A) A mandate by the General Assembly; (B) An appropriation of funds by the General Assembly; or (C) A waiver or relinquishment by the Arkansas State Game and Fish Commission of the authority vested in the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35. (3) Before any moneys are distributed under this section, the Arkansas State Game and Fish Commission shall retain the right to approve or disapprove the release of moneys. (4) Future funding for the program is subject to the review under subdivisions (b)(2) and (3) of this section and shall be determined by and distributed from the availability of royalties from oil and gas leases in the Fayetteville Shale that the Arkansas State Game and Fish Commission receives or from other sources that are not from the Arkansas State Game and Fish Commission. (b) (1) The Rural Services Division of the Arkansas Economic Development Commission and the Arkansas State Game and Fish Commission agree to execute a memorandum of understanding to delineate each party's participation, obligation, and cooperation in the program sufficient to fulfill the requirements of this section. (2) The division and the Arkansas State Game and Fish Commission agree to review the memorandum of understanding every two (2) years to evaluate the effectiveness and success of the program and to reexamine the need for moneys to be made available to the division to fund the development of wildlife recreation facilities. (3) If both the Arkansas State Game and Fish Commission and the division agree that the program meets or exceeds the purpose of the legislation or agree that to discontinue the program would result in an undue disruption of progress, the parties shall reexecute a memorandum of understanding under subdivision (b)(1) of this section. (c) An agreement for funding in a memorandum of understanding under subdivision (b)(1) of this section and a distribution of money under this subchapter require the final approval of the Arkansas State Game and Fish Commission. (d) The maximum grant amount for a single project funded under the program is one hundred thousand dollars ($100,000) per year. Amended by Act 2015EX1, No. 8,§ 131, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 131, eff. 7/1/2015. Acts 2009, No. 687, § 1; 2011, No. 1041, § 7.

(a) (1) The Arkansas State Game and Fish Commission voluntarily agrees to make available an amount not to exceed five hundred thousand dollars ($500,000) for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for the Wildlife Recreation Facilities Pilot Program for the development of wildlife recreation facilities under this subchapter from moneys that the Arkansas State Game and Fish Commission has received from oil and gas leases in the Fayetteville Shale. (2) The General Assembly recognizes that the agreement under subdivision (a)(1) of this section does not constitute: (A) A mandate by the General Assembly; (B) An appropriation of funds by the General Assembly; or (C) A waiver or relinquishment by the Arkansas State Game and Fish Commission of the authority vested in the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35. (3) Before any moneys are distributed under this section, the Arkansas State Game and Fish Commission shall retain the right to approve or disapprove the release of moneys. (4) Future funding for the program is subject to the review under subdivisions (b)(2) and (3) of this section and shall be determined by and distributed from the availability of royalties from oil and gas leases in the Fayetteville Shale that the Arkansas State Game and Fish Commission receives or from other sources that are not from the Arkansas State Game and Fish Commission.

(1) The Arkansas State Game and Fish Commission voluntarily agrees to make available an amount not to exceed five hundred thousand dollars ($500,000) for the fiscal year beginning July 1, 2011, and ending June 30, 2012, for the Wildlife Recreation Facilities Pilot Program for the development of wildlife recreation facilities under this subchapter from moneys that the Arkansas State Game and Fish Commission has received from oil and gas leases in the Fayetteville Shale.

(2) The General Assembly recognizes that the agreement under subdivision (a)(1) of this section does not constitute: (A) A mandate by the General Assembly; (B) An appropriation of funds by the General Assembly; or (C) A waiver or relinquishment by the Arkansas State Game and Fish Commission of the authority vested in the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35.

(A) A mandate by the General Assembly;

(B) An appropriation of funds by the General Assembly; or

(C) A waiver or relinquishment by the Arkansas State Game and Fish Commission of the authority vested in the Arkansas State Game and Fish Commission under Arkansas Constitution, Amendment 35.

(3) Before any moneys are distributed under this section, the Arkansas State Game and Fish Commission shall retain the right to approve or disapprove the release of moneys.

(4) Future funding for the program is subject to the review under subdivisions (b)(2) and (3) of this section and shall be determined by and distributed from the availability of royalties from oil and gas leases in the Fayetteville Shale that the Arkansas State Game and Fish Commission receives or from other sources that are not from the Arkansas State Game and Fish Commission.

(b) (1) The Rural Services Division of the Arkansas Economic Development Commission and the Arkansas State Game and Fish Commission agree to execute a memorandum of understanding to delineate each party's participation, obligation, and cooperation in the program sufficient to fulfill the requirements of this section. (2) The division and the Arkansas State Game and Fish Commission agree to review the memorandum of understanding every two (2) years to evaluate the effectiveness and success of the program and to reexamine the need for moneys to be made available to the division to fund the development of wildlife recreation facilities. (3) If both the Arkansas State Game and Fish Commission and the division agree that the program meets or exceeds the purpose of the legislation or agree that to discontinue the program would result in an undue disruption of progress, the parties shall reexecute a memorandum of understanding under subdivision (b)(1) of this section.

(1) The Rural Services Division of the Arkansas Economic Development Commission and the Arkansas State Game and Fish Commission agree to execute a memorandum of understanding to delineate each party's participation, obligation, and cooperation in the program sufficient to fulfill the requirements of this section.

(2) The division and the Arkansas State Game and Fish Commission agree to review the memorandum of understanding every two (2) years to evaluate the effectiveness and success of the program and to reexamine the need for moneys to be made available to the division to fund the development of wildlife recreation facilities.

(3) If both the Arkansas State Game and Fish Commission and the division agree that the program meets or exceeds the purpose of the legislation or agree that to discontinue the program would result in an undue disruption of progress, the parties shall reexecute a memorandum of understanding under subdivision (b)(1) of this section.

(c) An agreement for funding in a memorandum of understanding under subdivision (b)(1) of this section and a distribution of money under this subchapter require the final approval of the Arkansas State Game and Fish Commission.

(d) The maximum grant amount for a single project funded under the program is one hundred thousand dollars ($100,000) per year.

Amended by Act 2015EX1, No. 8,§ 131, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 131, eff. 7/1/2015.

Acts 2009, No. 687, § 1; 2011, No. 1041, § 7.
Ark. Code Ann. § 15-4-406 — AR Code / Title 15 / Chapter 4 / Subchapter 4 / Section 15-4-406
Authority to issue revenue bonds - Loan funds
Status: in_force

To stimulate the flow of private funds for capital improvements to small business concerns, the Arkansas Economic Development Council is authorized to: (1) Issue revenue bonds to obtain funds to be administered through the Division of Minority Business Enterprise of the Arkansas Economic Development Commission to make investment loans to small business concerns insured by the United States Small Business Administration; and (2) Provide funds whereby the division may purchase from small business investment companies small business enterprise loans for capital improvements and expansions guaranteed by the United States Small Business Administration, thereby making available to such small business investment companies additional loan funds. Acts 1985, No. 869, § 4; A.S.A. 1947, § 9-572; Acts 1997, No. 540, § 73.

To stimulate the flow of private funds for capital improvements to small business concerns, the Arkansas Economic Development Council is authorized to:

(1) Issue revenue bonds to obtain funds to be administered through the Division of Minority Business Enterprise of the Arkansas Economic Development Commission to make investment loans to small business concerns insured by the United States Small Business Administration; and

(2) Provide funds whereby the division may purchase from small business investment companies small business enterprise loans for capital improvements and expansions guaranteed by the United States Small Business Administration, thereby making available to such small business investment companies additional loan funds.

Acts 1985, No. 869, § 4; A.S.A. 1947, § 9-572; Acts 1997, No. 540, § 73.
Ark. Code Ann. § 15-75-402 — AR Code / Title 15 / Chapter 75 / Subchapter 4 / Section 15-75-402
Strength of butane containers
Status: in_force

Each container, except containers designed to operate under refrigerated or cryogenic conditions, where used in the transportation or storage of a liquefied petroleum gas mixture known as butane gas shall be designed and constructed to withstand an internal pressure of not less than one hundred twenty-five pounds (125 lbs.) per square inch. Acts 1965, No. 31, § 16; A.S.A. 1947, § 53-715.

Each container, except containers designed to operate under refrigerated or cryogenic conditions, where used in the transportation or storage of a liquefied petroleum gas mixture known as butane gas shall be designed and constructed to withstand an internal pressure of not less than one hundred twenty-five pounds (125 lbs.) per square inch.

Acts 1965, No. 31, § 16; A.S.A. 1947, § 53-715.
Ark. Code Ann. § 15-76-301 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-301
Declaration of policy
Status: in_force

It is declared to be in the public interest to: (1) Foster, encourage, and promote the development and production in the state of the natural resource of brine; (2) Authorize and provide for the operation and development of brine properties in such a manner that the greatest ultimate recovery of brine, and the chemical substances contained therein, is had and that the correlative rights of all owners are fully protected; (3) Authorize and provide for the formation of units for the production of brine in order that the greatest possible economic recovery of brine, and the chemical substances contained therein, is obtained within the state; and (4) Empower with and delegate to the Oil and Gas Commission the authority to administer and enforce all provisions of this subchapter. Acts 1979, No. 937, § 1; A.S.A. 1947, § 53-1301.

It is declared to be in the public interest to:

(1) Foster, encourage, and promote the development and production in the state of the natural resource of brine;

(2) Authorize and provide for the operation and development of brine properties in such a manner that the greatest ultimate recovery of brine, and the chemical substances contained therein, is had and that the correlative rights of all owners are fully protected;

(3) Authorize and provide for the formation of units for the production of brine in order that the greatest possible economic recovery of brine, and the chemical substances contained therein, is obtained within the state; and

(4) Empower with and delegate to the Oil and Gas Commission the authority to administer and enforce all provisions of this subchapter.

Acts 1979, No. 937, § 1; A.S.A. 1947, § 53-1301.
Ark. Code Ann. § 15-4-1001 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1001
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 1; A.S.A. 1947, § 67-1627; Acts 2003, No. 860, § 1.

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

Acts 1985, No. 410, § 1; A.S.A. 1947, § 67-1627; Acts 2003, No. 860, § 1.
Ark. Code Ann. § 15-20-1105 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1105
Regulatory considerations
Status: in_force

In developing rules to implement this subchapter, the Arkansas Natural Resources Commission shall consider: (1) The current and projected level of nutrients in the soil within the area; (2) The current or potential impacts of surplus nutrients within the area; (3) Litter produced and applied in the area; (4) Commercial fertilizer, compost, and other sources of nutrients applied within the area; (5) The current or projected nutrient needs within the area, including the nutrient level necessary to maintain soil fertility, current and future cropping patterns, and those crops' demands for nutrients; (6) The soil type, geology, hydrology, and other physical characteristics of the area; (7) The types of water bodies and the uses of the waters within the area; and (8) Any other relevant information necessary to effect the purposes of this subchapter. Amended by Act 2019, No. 315,§ 1122, eff. 7/24/2019. Acts 2003, No. 1061, § 1.

In developing rules to implement this subchapter, the Arkansas Natural Resources Commission shall consider:

(1) The current and projected level of nutrients in the soil within the area;

(2) The current or potential impacts of surplus nutrients within the area;

(3) Litter produced and applied in the area;

(4) Commercial fertilizer, compost, and other sources of nutrients applied within the area;

(5) The current or projected nutrient needs within the area, including the nutrient level necessary to maintain soil fertility, current and future cropping patterns, and those crops' demands for nutrients;

(6) The soil type, geology, hydrology, and other physical characteristics of the area;

(7) The types of water bodies and the uses of the waters within the area; and

(8) Any other relevant information necessary to effect the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 1122, eff. 7/24/2019.

Acts 2003, No. 1061, § 1.
Ark. Code Ann. § 15-3-114 — AR Code / Title 15 / Chapter 3 / Subchapter 1 / Section 15-3-114
Use of land, buildings, or facilities for science and high technology
Status: in_force

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, is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any land, buildings, or facilities of any and every nature whatever that can be used in securing or developing industry, transportation facilities, research and technological laboratories and production facilities, and agricultural, medical, and scientific enterprises involving the use of science and high technology, hereinafter referred to as "industry" or "industries", within this state. 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, § 8; A.S.A. 1947, § 6-1608.

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, is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in or dispose of any land, buildings, or facilities of any and every nature whatever that can be used in securing or developing industry, transportation facilities, research and technological laboratories and production facilities, and agricultural, medical, and scientific enterprises involving the use of science and high technology, hereinafter referred to as "industry" or "industries", within this state.

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, § 8; A.S.A. 1947, § 6-1608.
Ark. Code Ann. § 15-22-210 — AR Code / Title 15 / Chapter 22 / Subchapter 2 / Section 15-22-210
Permits required for dam construction - Conditions for issuance
Status: in_force

No person shall have the right to construct or own a dam to impound water for any purpose unless and until he or she obtains a permit from the Arkansas Natural Resources Commission to construct or own that dam on the following conditions: (1) Any permit granted shall be on the condition that the dam constructed under it shall be: (A) So constructed and operated that: (i) There will be impounded only surplus surface waters thereby; and (ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and (B) Constructed in such manner and maintained in such condition as to: (i) Preserve the life of the dam and reservoir for the period of time for which the permit is issued; and (ii) Adequately protect the lives and property of those persons downstream from the site of the dam; (2) (A) Any representative of the commission shall have the right, at any time, to enter upon the land upon which the dam is built or is to be built to inspect work of construction thereof and the maintenance and operation of the dam after construction. (B) If the commission determines that the dam is unsafe, it shall request in writing that the owner of the dam perform such repair as the commission deems necessary to assure the safety of the dam. (C) If the owner fails to perform adequate repair within a reasonable period of time, as determined by the commission, the commission shall cause the dam to be repaired or breached or cause any other necessary action to be taken, and the cost incurred by the commission in performing such a repair shall be a lien against the property whereupon the dam is located. (D) The commission shall perfect the lien by filing a notice of the lien with the circuit clerk of the county wherein the dam is located. (E) The notice shall constitute a lien as of the date of the expenditure of the moneys by the commission. (F) The lien shall have priority second only to the lien of real estate taxes imposed upon the dam. (G) Further, no action shall be brought against the state or the commission or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the operation of any dam or reservoir upon the grounds that the defendant is liable by virtue of any of the following: (i) The approval of the dam or reservoir or approval of flood-handling plans during construction; (ii) The issuance or enforcement of orders relative to maintenance and operation of the dam or reservoir; (iii) Control and regulation of the dam or reservoir; or (iv) Measures taken to protect against failure during an emergency; (3) (A) Each permit, with reasonable definiteness, shall describe the location of the dam and the land necessary for impounding water by means thereof. (B) No dam shall be constructed or operated so as to impound water on any land other than on land which the applicant for the construction thereof owns or has the right to occupy during the period for which the permit is issued. (C) Any person who constructs and maintains a dam under the provisions of this subchapter shall have the right to occupy land in the bed of any stream, which land is owned by the state, and is required to impound the water impounded by the dam; (4) (A) The permit shall be for a period fixed by the commission not less than that found by the commission to be necessary to permit amortization of reasonable indebtedness, if any, incurred in connection with the construction of the dam, but in no event in excess of fifty (50) years. (B) Any such permit, for good cause shown, may be extended by the commission by order entered not more than five (5) years prior to the expiration of that permit, the extension of the permit to be for an additional period to be fixed by the commission. The additional period shall in no event extend longer than fifty (50) years; and (5) (A) Within six (6) months after title to any dam for which a permit is issued under the provisions of this subchapter is purchased or inherited by, or otherwise becomes vested in any person not holding a permit to own and operate the dam, the transferee of the title shall so notify the commission, which shall immediately issue a new permit to the transferee. (B) Otherwise, the permit issued hereunder shall terminate six (6) months following the transfer of title, during which time the transferee will not be deemed in violation of this subchapter. Acts 1957, No. 81, § 6; 1969, No. 180, § 3; 1983, No. 339, § 1; 1985, No. 475, § 3; A.S.A. 1947, § 21-1306; Acts 1987, No. 592, § 1.

No person shall have the right to construct or own a dam to impound water for any purpose unless and until he or she obtains a permit from the Arkansas Natural Resources Commission to construct or own that dam on the following conditions:

(1) Any permit granted shall be on the condition that the dam constructed under it shall be: (A) So constructed and operated that: (i) There will be impounded only surplus surface waters thereby; and (ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and (B) Constructed in such manner and maintained in such condition as to: (i) Preserve the life of the dam and reservoir for the period of time for which the permit is issued; and (ii) Adequately protect the lives and property of those persons downstream from the site of the dam;

(A) So constructed and operated that: (i) There will be impounded only surplus surface waters thereby; and (ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and

(i) There will be impounded only surplus surface waters thereby; and

(ii) There shall be discharged each day from the water impounded by it a quantity of water as may be fixed by the commission as that necessary to preserve, from time to time, below the dam, the flow of any stream involved at a rate designed to protect the rights of any lower riparian owner and the fish and wildlife dependent thereon; and

(B) Constructed in such manner and maintained in such condition as to: (i) Preserve the life of the dam and reservoir for the period of time for which the permit is issued; and (ii) Adequately protect the lives and property of those persons downstream from the site of the dam;

(i) Preserve the life of the dam and reservoir for the period of time for which the permit is issued; and

(ii) Adequately protect the lives and property of those persons downstream from the site of the dam;

(2) (A) Any representative of the commission shall have the right, at any time, to enter upon the land upon which the dam is built or is to be built to inspect work of construction thereof and the maintenance and operation of the dam after construction. (B) If the commission determines that the dam is unsafe, it shall request in writing that the owner of the dam perform such repair as the commission deems necessary to assure the safety of the dam. (C) If the owner fails to perform adequate repair within a reasonable period of time, as determined by the commission, the commission shall cause the dam to be repaired or breached or cause any other necessary action to be taken, and the cost incurred by the commission in performing such a repair shall be a lien against the property whereupon the dam is located. (D) The commission shall perfect the lien by filing a notice of the lien with the circuit clerk of the county wherein the dam is located. (E) The notice shall constitute a lien as of the date of the expenditure of the moneys by the commission. (F) The lien shall have priority second only to the lien of real estate taxes imposed upon the dam. (G) Further, no action shall be brought against the state or the commission or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the operation of any dam or reservoir upon the grounds that the defendant is liable by virtue of any of the following: (i) The approval of the dam or reservoir or approval of flood-handling plans during construction; (ii) The issuance or enforcement of orders relative to maintenance and operation of the dam or reservoir; (iii) Control and regulation of the dam or reservoir; or (iv) Measures taken to protect against failure during an emergency;

(A) Any representative of the commission shall have the right, at any time, to enter upon the land upon which the dam is built or is to be built to inspect work of construction thereof and the maintenance and operation of the dam after construction.

(B) If the commission determines that the dam is unsafe, it shall request in writing that the owner of the dam perform such repair as the commission deems necessary to assure the safety of the dam.

(C) If the owner fails to perform adequate repair within a reasonable period of time, as determined by the commission, the commission shall cause the dam to be repaired or breached or cause any other necessary action to be taken, and the cost incurred by the commission in performing such a repair shall be a lien against the property whereupon the dam is located.

(D) The commission shall perfect the lien by filing a notice of the lien with the circuit clerk of the county wherein the dam is located.

(E) The notice shall constitute a lien as of the date of the expenditure of the moneys by the commission.

(F) The lien shall have priority second only to the lien of real estate taxes imposed upon the dam.

(G) Further, no action shall be brought against the state or the commission or its agents or employees for the recovery of damages caused by the partial or total failure of any dam or reservoir or through the operation of any dam or reservoir upon the grounds that the defendant is liable by virtue of any of the following: (i) The approval of the dam or reservoir or approval of flood-handling plans during construction; (ii) The issuance or enforcement of orders relative to maintenance and operation of the dam or reservoir; (iii) Control and regulation of the dam or reservoir; or (iv) Measures taken to protect against failure during an emergency;

(i) The approval of the dam or reservoir or approval of flood-handling plans during construction;

(ii) The issuance or enforcement of orders relative to maintenance and operation of the dam or reservoir;

(iii) Control and regulation of the dam or reservoir; or

(iv) Measures taken to protect against failure during an emergency;

(3) (A) Each permit, with reasonable definiteness, shall describe the location of the dam and the land necessary for impounding water by means thereof. (B) No dam shall be constructed or operated so as to impound water on any land other than on land which the applicant for the construction thereof owns or has the right to occupy during the period for which the permit is issued. (C) Any person who constructs and maintains a dam under the provisions of this subchapter shall have the right to occupy land in the bed of any stream, which land is owned by the state, and is required to impound the water impounded by the dam;

(A) Each permit, with reasonable definiteness, shall describe the location of the dam and the land necessary for impounding water by means thereof.

(B) No dam shall be constructed or operated so as to impound water on any land other than on land which the applicant for the construction thereof owns or has the right to occupy during the period for which the permit is issued.

(C) Any person who constructs and maintains a dam under the provisions of this subchapter shall have the right to occupy land in the bed of any stream, which land is owned by the state, and is required to impound the water impounded by the dam;

(4) (A) The permit shall be for a period fixed by the commission not less than that found by the commission to be necessary to permit amortization of reasonable indebtedness, if any, incurred in connection with the construction of the dam, but in no event in excess of fifty (50) years. (B) Any such permit, for good cause shown, may be extended by the commission by order entered not more than five (5) years prior to the expiration of that permit, the extension of the permit to be for an additional period to be fixed by the commission. The additional period shall in no event extend longer than fifty (50) years; and

(A) The permit shall be for a period fixed by the commission not less than that found by the commission to be necessary to permit amortization of reasonable indebtedness, if any, incurred in connection with the construction of the dam, but in no event in excess of fifty (50) years.

(B) Any such permit, for good cause shown, may be extended by the commission by order entered not more than five (5) years prior to the expiration of that permit, the extension of the permit to be for an additional period to be fixed by the commission. The additional period shall in no event extend longer than fifty (50) years; and

(5) (A) Within six (6) months after title to any dam for which a permit is issued under the provisions of this subchapter is purchased or inherited by, or otherwise becomes vested in any person not holding a permit to own and operate the dam, the transferee of the title shall so notify the commission, which shall immediately issue a new permit to the transferee. (B) Otherwise, the permit issued hereunder shall terminate six (6) months following the transfer of title, during which time the transferee will not be deemed in violation of this subchapter.

(A) Within six (6) months after title to any dam for which a permit is issued under the provisions of this subchapter is purchased or inherited by, or otherwise becomes vested in any person not holding a permit to own and operate the dam, the transferee of the title shall so notify the commission, which shall immediately issue a new permit to the transferee.

(B) Otherwise, the permit issued hereunder shall terminate six (6) months following the transfer of title, during which time the transferee will not be deemed in violation of this subchapter.

Acts 1957, No. 81, § 6; 1969, No. 180, § 3; 1983, No. 339, § 1; 1985, No. 475, § 3; A.S.A. 1947, § 21-1306; Acts 1987, No. 592, § 1.
Ark. Code Ann. § 15-4-218 — AR Code / Title 15 / Chapter 4 / Subchapter 2 / Section 15-4-218
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1185,§ 1, eff. 8/16/2013. Acts 1995, No. 418, § 3; 1997, No. 540, § 23.

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

Acts 1995, No. 418, § 3; 1997, No. 540, § 23.
Ark. Code Ann. § 15-58-505 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-505
Filing objections to permits
Status: in_force

Any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-207 and 15-58-208 and the rules promulgated by the Arkansas Pollution Control and Ecology Commission, file written objections to a proposed initial or revised permit for surface coal mining and reclamation operations, or renewal thereof. Amended by Act 2019, No. 315,§ 1214, eff. 7/24/2019. Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.

Any person having an interest which is or may be adversely affected, or the officer or head of any federal, state, or local affected governmental agency may, in accordance with §§ 15-58-207 and 15-58-208 and the rules promulgated by the Arkansas Pollution Control and Ecology Commission, file written objections to a proposed initial or revised permit for surface coal mining and reclamation operations, or renewal thereof.

Amended by Act 2019, No. 315,§ 1214, eff. 7/24/2019.

Acts 1979, No. 134, § 13; 1979, No. 647, § 2; A.S.A. 1947, § 52-947.
Ark. Code Ann. § 15-4-1212 — AR Code / Title 15 / Chapter 4 / Subchapter 12 / Section 15-4-1212
Amendment to articles of incorporation or articles of organization
Status: in_force

(a) A company organized under the provisions of this subchapter may amend its articles of incorporation or its articles of organization by a majority vote of the common stock in the case of a corporation or by a majority vote of the units of interest of a limited liability company represented in person or by proxy at any regular meeting or at any special meeting of the holders of the common stock or members of the limited liability company called for that purpose. (b) The power to amend shall include the power to accomplish any desired change in the provisions of the articles of incorporation or articles of organization and to include any purpose, power, or provision authorized to be included in the original articles of incorporation or articles of organization or by later amendment to this subchapter. (c) (1) Articles of amendment signed by the chief executive officer and attested by the secretary, an assistant secretary, or another manager certifying to such an amendment and its lawful adoption shall be executed, acknowledged, and filed with the Bank Commissioner and, when approved by the State Banking Board, recorded with the certificate of the commissioner approving the articles of amendment in the same manner as the original articles of incorporation or articles of organization. (2) As soon as the commissioner shall issue his or her certificate of amendment, the amendment or amendments shall be in effect. Acts 1991, No. 1029, § 10; 1999, No. 37, § 11.

(a) A company organized under the provisions of this subchapter may amend its articles of incorporation or its articles of organization by a majority vote of the common stock in the case of a corporation or by a majority vote of the units of interest of a limited liability company represented in person or by proxy at any regular meeting or at any special meeting of the holders of the common stock or members of the limited liability company called for that purpose.

(b) The power to amend shall include the power to accomplish any desired change in the provisions of the articles of incorporation or articles of organization and to include any purpose, power, or provision authorized to be included in the original articles of incorporation or articles of organization or by later amendment to this subchapter.

(c) (1) Articles of amendment signed by the chief executive officer and attested by the secretary, an assistant secretary, or another manager certifying to such an amendment and its lawful adoption shall be executed, acknowledged, and filed with the Bank Commissioner and, when approved by the State Banking Board, recorded with the certificate of the commissioner approving the articles of amendment in the same manner as the original articles of incorporation or articles of organization. (2) As soon as the commissioner shall issue his or her certificate of amendment, the amendment or amendments shall be in effect.

(1) Articles of amendment signed by the chief executive officer and attested by the secretary, an assistant secretary, or another manager certifying to such an amendment and its lawful adoption shall be executed, acknowledged, and filed with the Bank Commissioner and, when approved by the State Banking Board, recorded with the certificate of the commissioner approving the articles of amendment in the same manner as the original articles of incorporation or articles of organization.

(2) As soon as the commissioner shall issue his or her certificate of amendment, the amendment or amendments shall be in effect.

Acts 1991, No. 1029, § 10; 1999, No. 37, § 11.
Ark. Code Ann. § 15-4-1003 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1003
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 4, eff. 8/1/2017. Acts 1985, No. 410, § 29; A.S.A. 1947, § 67-1655.

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

Acts 1985, No. 410, § 29; A.S.A. 1947, § 67-1655.
Ark. Code Ann. § 15-5-1504 — AR Code / Title 15 / Chapter 5 / Subchapter 15 / Section 15-5-1504
Brownfield Revolving Loan Fund - Sources - Deposits
Status: in_force

(a) The following moneys shall be deposited directly into the Brownfield Revolving Loan Fund: (1) Grants from the federal government or federal agencies allotted to the state for capitalization of the Brownfield Revolving Loan Fund; (2) State matching grants; (3) Proceeds of bonds issued by the Arkansas Development Finance Authority under this subchapter; (4) Loan payments of principal, interest, and premiums under this subchapter; (5) Any money received from the Hazardous Substance Remedial Action Trust Fund; (6) Any money received by the state as a gift or donation to the Brownfield Revolving Loan Fund; (7) Any interest earned upon money deposited into the Brownfield Revolving Loan Fund; and (8) Any other money legally designated for the Brownfield Revolving Loan Fund. (b) (1) All moneys received after July 1, 2003, from whatever source for direct deposit into the Brownfield Revolving Loan Fund or paid to the authority for deposit into the Brownfield Revolving Loan Fund are cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions, but shall be held by the authority and used solely for the purposes stated under this subchapter. (2) All moneys received by the authority under this subchapter shall be deposited into the Brownfield Revolving Loan Fund when received unless otherwise provided by state law. (3) (A) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness, or the making of loans with moneys in the Brownfield Revolving Loan Fund shall be cash funds to be used solely as authorized under this subchapter. (B) Interest earnings that are transferred directly to the authority shall be cash funds to be used solely as authorized under this subchapter. (c) The authority may accept grants for deposit into the Brownfield Revolving Loan Fund from any state or federal agency, municipality, corporation, foundation, individual, or authority and may accept any appropriation from the State Treasury that the authority received before, as of, or after July 1, 2003. Acts 2003, No. 1194, § 1.

(a) The following moneys shall be deposited directly into the Brownfield Revolving Loan Fund: (1) Grants from the federal government or federal agencies allotted to the state for capitalization of the Brownfield Revolving Loan Fund; (2) State matching grants; (3) Proceeds of bonds issued by the Arkansas Development Finance Authority under this subchapter; (4) Loan payments of principal, interest, and premiums under this subchapter; (5) Any money received from the Hazardous Substance Remedial Action Trust Fund; (6) Any money received by the state as a gift or donation to the Brownfield Revolving Loan Fund; (7) Any interest earned upon money deposited into the Brownfield Revolving Loan Fund; and (8) Any other money legally designated for the Brownfield Revolving Loan Fund.

(1) Grants from the federal government or federal agencies allotted to the state for capitalization of the Brownfield Revolving Loan Fund;

(2) State matching grants;

(3) Proceeds of bonds issued by the Arkansas Development Finance Authority under this subchapter;

(4) Loan payments of principal, interest, and premiums under this subchapter;

(5) Any money received from the Hazardous Substance Remedial Action Trust Fund;

(6) Any money received by the state as a gift or donation to the Brownfield Revolving Loan Fund;

(7) Any interest earned upon money deposited into the Brownfield Revolving Loan Fund; and

(8) Any other money legally designated for the Brownfield Revolving Loan Fund.

(b) (1) All moneys received after July 1, 2003, from whatever source for direct deposit into the Brownfield Revolving Loan Fund or paid to the authority for deposit into the Brownfield Revolving Loan Fund are cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions, but shall be held by the authority and used solely for the purposes stated under this subchapter. (2) All moneys received by the authority under this subchapter shall be deposited into the Brownfield Revolving Loan Fund when received unless otherwise provided by state law. (3) (A) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness, or the making of loans with moneys in the Brownfield Revolving Loan Fund shall be cash funds to be used solely as authorized under this subchapter. (B) Interest earnings that are transferred directly to the authority shall be cash funds to be used solely as authorized under this subchapter.

(1) All moneys received after July 1, 2003, from whatever source for direct deposit into the Brownfield Revolving Loan Fund or paid to the authority for deposit into the Brownfield Revolving Loan Fund are cash funds restricted in their use and shall not be deposited into the State Treasury or deemed to be a part of the State Treasury for the purposes of Arkansas Constitution, Article 5, § 29; Arkansas Constitution, Article 16, § 12; Arkansas Constitution, Amendment 20; or any other constitutional or statutory provisions, but shall be held by the authority and used solely for the purposes stated under this subchapter.

(2) All moneys received by the authority under this subchapter shall be deposited into the Brownfield Revolving Loan Fund when received unless otherwise provided by state law.

(3) (A) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness, or the making of loans with moneys in the Brownfield Revolving Loan Fund shall be cash funds to be used solely as authorized under this subchapter. (B) Interest earnings that are transferred directly to the authority shall be cash funds to be used solely as authorized under this subchapter.

(A) Interest and other moneys received from the investment of moneys, the purchase of bonds, notes, or other evidences of indebtedness, or the making of loans with moneys in the Brownfield Revolving Loan Fund shall be cash funds to be used solely as authorized under this subchapter.

(B) Interest earnings that are transferred directly to the authority shall be cash funds to be used solely as authorized under this subchapter.

(c) The authority may accept grants for deposit into the Brownfield Revolving Loan Fund from any state or federal agency, municipality, corporation, foundation, individual, or authority and may accept any appropriation from the State Treasury that the authority received before, as of, or after July 1, 2003.

Acts 2003, No. 1194, § 1.
Ark. Code Ann. § 15-10-102 — AR Code / Title 15 / Chapter 10 / Subchapter 1 / Section 15-10-102
Bioenergy and carbon capture technology - Definitions
Status: in_force

(a) As used in this section: (1) "Bioenergy with carbon capture and storage" means the process of capturing and permanently storing carbon dioxide from biomass energy generation; and (2) "Biomass" means bioenergy feedstocks from forest products manufacturing, including without limitation: (A) Forest products manufacturing residuals, including without limitation: (i) Pulping liquors; (ii) Pulping byproducts; (iii) Woody manufacturing residuals; (iv) Paper recycling residuals; (v) Wastewater and process water treatment plant residuals; and (vi) Anaerobic digester biogas; (B) Harvest residues, including without limitation trees or portions of harvested trees; (C) Downed wood from extreme weather events or natural disasters; (D) Nonhazardous landscape or right-of-way trimmings and municipal trimmings; (E) Plant material removed for purposes of invasive or noxious plant species control; (F) Biowaste, including without limitation landfill gas; (G) Forest biomass derived from residues created as a byproduct of timber harvesting; (H) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health; (I) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 C.F.R. § 241.1 et seq., as it existed on January 1, 2023; and (J) Other used wood products, including without limitation crates or pallets. (b) (1) Bioenergy produced from biomass is considered renewable and carbon neutral. (2) When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative. (c) (1) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral. (2) When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative. Added by Act 2023, No. 693,§ 1, eff. 8/1/2023.

(a) As used in this section: (1) "Bioenergy with carbon capture and storage" means the process of capturing and permanently storing carbon dioxide from biomass energy generation; and (2) "Biomass" means bioenergy feedstocks from forest products manufacturing, including without limitation: (A) Forest products manufacturing residuals, including without limitation: (i) Pulping liquors; (ii) Pulping byproducts; (iii) Woody manufacturing residuals; (iv) Paper recycling residuals; (v) Wastewater and process water treatment plant residuals; and (vi) Anaerobic digester biogas; (B) Harvest residues, including without limitation trees or portions of harvested trees; (C) Downed wood from extreme weather events or natural disasters; (D) Nonhazardous landscape or right-of-way trimmings and municipal trimmings; (E) Plant material removed for purposes of invasive or noxious plant species control; (F) Biowaste, including without limitation landfill gas; (G) Forest biomass derived from residues created as a byproduct of timber harvesting; (H) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health; (I) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 C.F.R. § 241.1 et seq., as it existed on January 1, 2023; and (J) Other used wood products, including without limitation crates or pallets.

(1) "Bioenergy with carbon capture and storage" means the process of capturing and permanently storing carbon dioxide from biomass energy generation; and

(2) "Biomass" means bioenergy feedstocks from forest products manufacturing, including without limitation: (A) Forest products manufacturing residuals, including without limitation: (i) Pulping liquors; (ii) Pulping byproducts; (iii) Woody manufacturing residuals; (iv) Paper recycling residuals; (v) Wastewater and process water treatment plant residuals; and (vi) Anaerobic digester biogas; (B) Harvest residues, including without limitation trees or portions of harvested trees; (C) Downed wood from extreme weather events or natural disasters; (D) Nonhazardous landscape or right-of-way trimmings and municipal trimmings; (E) Plant material removed for purposes of invasive or noxious plant species control; (F) Biowaste, including without limitation landfill gas; (G) Forest biomass derived from residues created as a byproduct of timber harvesting; (H) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health; (I) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 C.F.R. § 241.1 et seq., as it existed on January 1, 2023; and (J) Other used wood products, including without limitation crates or pallets.

(A) Forest products manufacturing residuals, including without limitation: (i) Pulping liquors; (ii) Pulping byproducts; (iii) Woody manufacturing residuals; (iv) Paper recycling residuals; (v) Wastewater and process water treatment plant residuals; and (vi) Anaerobic digester biogas;

(i) Pulping liquors;

(ii) Pulping byproducts;

(iii) Woody manufacturing residuals;

(iv) Paper recycling residuals;

(v) Wastewater and process water treatment plant residuals; and

(vi) Anaerobic digester biogas;

(B) Harvest residues, including without limitation trees or portions of harvested trees;

(C) Downed wood from extreme weather events or natural disasters;

(D) Nonhazardous landscape or right-of-way trimmings and municipal trimmings;

(E) Plant material removed for purposes of invasive or noxious plant species control;

(F) Biowaste, including without limitation landfill gas;

(G) Forest biomass derived from residues created as a byproduct of timber harvesting;

(H) Forest management activities conducted for timber stand improvement or to increase yield, ecological restoration, or to maintain or enhance forest health;

(I) Biomass materials described by the United States Environmental Protection Agency as fuels under 40 C.F.R. § 241.1 et seq., as it existed on January 1, 2023; and

(J) Other used wood products, including without limitation crates or pallets.

(b) (1) Bioenergy produced from biomass is considered renewable and carbon neutral. (2) When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

(1) Bioenergy produced from biomass is considered renewable and carbon neutral.

(2) When the bioenergy produced from biomass is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

(c) (1) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral. (2) When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

(1) Bioenergy produced from agricultural harvesting is considered renewable and carbon neutral.

(2) When the bioenergy produced from agricultural harvesting is paired with bioenergy with carbon capture and storage, the bioenergy is carbon negative.

Added by Act 2023, No. 693,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 15-4-1803 — AR Code / Title 15 / Chapter 4 / Subchapter 18 / Section 15-4-1803
Application for assistance generally
Status: in_force

Any state agency or political subdivision that has acquired or constructed or which desires to acquire or construct or which has financed or which desires to finance through the issuance of its bonds an eligible facility may apply to the State Board of Finance for state assistance in paying the debt service requirements, including principal, interest, and trustee's and paying agent's fees and charges, on bonds issued or to be issued by the state agency or political subdivision to finance all or a portion of the eligible facility and capital improvements related thereto and any amounts theretofore expended by the state agency or political subdivision from its revenues to acquire or construct the eligible facility and capital improvements related thereto, increased by an annual rate of interest equal to the average rate of interest to be paid on the bonds issued to finance the eligible facility. Acts 1993, No. 1165, § 3.

Any state agency or political subdivision that has acquired or constructed or which desires to acquire or construct or which has financed or which desires to finance through the issuance of its bonds an eligible facility may apply to the State Board of Finance for state assistance in paying the debt service requirements, including principal, interest, and trustee's and paying agent's fees and charges, on bonds issued or to be issued by the state agency or political subdivision to finance all or a portion of the eligible facility and capital improvements related thereto and any amounts theretofore expended by the state agency or political subdivision from its revenues to acquire or construct the eligible facility and capital improvements related thereto, increased by an annual rate of interest equal to the average rate of interest to be paid on the bonds issued to finance the eligible facility.

Acts 1993, No. 1165, § 3.
Ark. Code Ann. § 15-4-1030 — AR Code / Title 15 / Chapter 4 / Subchapter 10 / Section 15-4-1030
[Repealed]
Status: repealed

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

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

Acts 2003, No. 860, § 9.
Ark. Code Ann. § 15-20-1108 — AR Code / Title 15 / Chapter 20 / Subchapter 11 / Section 15-20-1108
Poultry litter management plan
Status: in_force

(a) (1) Poultry litter management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the poultry litter management plan applies is located. (2) The person requesting a poultry litter management plan may appeal the poultry litter management plan's disapproval or any of the poultry litter management plan's provisions to the Arkansas Natural Resources Commission. (b) (1) Poultry feeding operations within a surplus nutrient area shall develop and implement a poultry litter management plan acceptable to the commission. (2) The person that develops the poultry litter management plan shall have obtained certification from the commission in planning. (3) If the commission determines it to be beneficial, the poultry litter management plan may be a part of a nutrient management plan. (c) At a minimum, the poultry litter management plan shall contain a: (1) Periodic poultry litter nutrient content analysis component; (2) Poultry litter utilization component providing for the proper utilization of the litter produced, including provisions ensuring that: (A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate; (B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and (C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and (3) Records component that requires the owner of the poultry feeding operation to maintain sufficient records at the site of the poultry feeding operation to determine poultry litter utilization and compliance with the other portions of the poultry litter management plan. (d) The commission may accept a plan or permit prepared to comply with federal law as a poultry litter management plan if the plan or permit substantially meets the requirements of this section. (e) An approved poultry litter management plan shall constitute a permit to apply nutrients consistent with the poultry litter management plan. Amended by Act 2019, No. 910,§ 71, eff. 7/1/2019. Acts 2003, No. 1061, § 1; 2005, No. 1871, § 4.

(a) (1) Poultry litter management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the poultry litter management plan applies is located. (2) The person requesting a poultry litter management plan may appeal the poultry litter management plan's disapproval or any of the poultry litter management plan's provisions to the Arkansas Natural Resources Commission.

(1) Poultry litter management plans shall be approved by the board of directors of the conservation district where a majority of the land to which the poultry litter management plan applies is located.

(2) The person requesting a poultry litter management plan may appeal the poultry litter management plan's disapproval or any of the poultry litter management plan's provisions to the Arkansas Natural Resources Commission.

(b) (1) Poultry feeding operations within a surplus nutrient area shall develop and implement a poultry litter management plan acceptable to the commission. (2) The person that develops the poultry litter management plan shall have obtained certification from the commission in planning. (3) If the commission determines it to be beneficial, the poultry litter management plan may be a part of a nutrient management plan.

(1) Poultry feeding operations within a surplus nutrient area shall develop and implement a poultry litter management plan acceptable to the commission.

(2) The person that develops the poultry litter management plan shall have obtained certification from the commission in planning.

(3) If the commission determines it to be beneficial, the poultry litter management plan may be a part of a nutrient management plan.

(c) At a minimum, the poultry litter management plan shall contain a: (1) Periodic poultry litter nutrient content analysis component; (2) Poultry litter utilization component providing for the proper utilization of the litter produced, including provisions ensuring that: (A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate; (B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and (C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and (3) Records component that requires the owner of the poultry feeding operation to maintain sufficient records at the site of the poultry feeding operation to determine poultry litter utilization and compliance with the other portions of the poultry litter management plan.

(1) Periodic poultry litter nutrient content analysis component;

(2) Poultry litter utilization component providing for the proper utilization of the litter produced, including provisions ensuring that: (A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate; (B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and (C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and

(A) Land application within a nutrient surplus area is in accordance with a nutrient management plan or at a rate not to exceed the protective rate;

(B) Land application outside a nutrient surplus area is in a method and at a rate acceptable to the commission; and

(C) Litter not land-applied is converted to a nonnutrient use or other use acceptable to the commission; and

(3) Records component that requires the owner of the poultry feeding operation to maintain sufficient records at the site of the poultry feeding operation to determine poultry litter utilization and compliance with the other portions of the poultry litter management plan.

(d) The commission may accept a plan or permit prepared to comply with federal law as a poultry litter management plan if the plan or permit substantially meets the requirements of this section.

(e) An approved poultry litter management plan shall constitute a permit to apply nutrients consistent with the poultry litter management plan.

Amended by Act 2019, No. 910,§ 71, eff. 7/1/2019.

Acts 2003, No. 1061, § 1; 2005, No. 1871, § 4.
Ark. Code Ann. § 15-73-408 — AR Code / Title 15 / Chapter 73 / Subchapter 4 / Section 15-73-408
Necessary parties - Effect of sale or lease
Status: in_force

All spouses of the various owners of interests in oil and gas rights shall be necessary parties to the suit in partition, and the sale of the property by the commissioner under the decree, or the leasing of the property by the receiver as provided in this subchapter, shall effectively cut off all right of dower, curtesy, and homestead of spouses in and to the property rights and interests therein conveyed, leased, or let. Acts 1935, No. 15, § 8; Pope's Dig., § 10556; Acts 1981, No. 714, § 9; A.S.A. 1947, § 53-408.

All spouses of the various owners of interests in oil and gas rights shall be necessary parties to the suit in partition, and the sale of the property by the commissioner under the decree, or the leasing of the property by the receiver as provided in this subchapter, shall effectively cut off all right of dower, curtesy, and homestead of spouses in and to the property rights and interests therein conveyed, leased, or let.

Acts 1935, No. 15, § 8; Pope's Dig., § 10556; Acts 1981, No. 714, § 9; A.S.A. 1947, § 53-408.
Ark. Code Ann. § 15-58-211 — AR Code / Title 15 / Chapter 58 / Subchapter 2 / Section 15-58-211
Adjudicatory hearing - Procedures generally
Status: in_force

(a) In any adjudicatory public hearing, if a person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, the Arkansas Pollution Control and Ecology Commission, its authorized representative, or the presiding officer of the hearing may apply to any court of general jurisdiction in the county where the proceedings were held or are being held for an order directing that person to take the requisite action. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt. (b) Opportunity shall be afforded all parties at a public hearing to respond and present evidence and argument on all issues involved. (c) Nothing in this chapter shall prohibit disposition of the matter through an informal conference before the Director of the Division of Environmental Quality if all parties agree, or disposition by stipulation, settlement, consent order, or default. (d) The record of a public hearing required by this section shall include: (1) All pleadings, motions, and intermediate rulings; (2) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (3) A statement of matters officially noticed; (4) Offers of proof, objections, and rulings thereon; (5) Proposed findings and exceptions thereto; and (6) All staff and presiding officer memoranda or data submitted to the presiding officer in connection with his or her consideration of the case. (e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed. (f) Any person compelled to appear at a public hearing shall have the right to be accompanied and advised by counsel. Parties shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts. (g) Except as otherwise provided by law, the person contesting a notice, order, or decision in an adjudicatory public hearing shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form. (h) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the commission's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show to the contrary. (i) A final decision or order of the commission shall be issued within thirty (30) days after the adjudicatory public hearing held and shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be served either personally or by mail with a copy of any decision or order. (j) The final order of assessment of a civil penalty whether by order of the commission after hearing, or by order of the director if the operator fails to petition for review of the assessment within the time provided herein shall constitute, upon filing the order with the circuit clerk of the appropriate county, a judgment against the operator which may be recovered in any manner provided by law for collection of a judgment. (k) Any party adversely affected by the final order or decision of the commission may obtain judicial review of that decision in accordance with § 15-58-212 . Amended by Act 2019, No. 910,§ 3147, eff. 7/1/2019. Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.

(a) In any adjudicatory public hearing, if a person refuses to respond to a subpoena, refuses to take the oath or affirmation as a witness, or thereafter refuses to be examined, the Arkansas Pollution Control and Ecology Commission, its authorized representative, or the presiding officer of the hearing may apply to any court of general jurisdiction in the county where the proceedings were held or are being held for an order directing that person to take the requisite action. The court shall issue the order in its discretion. Should any person willfully fail to comply with an order so issued, the court shall punish him or her as for contempt.

(b) Opportunity shall be afforded all parties at a public hearing to respond and present evidence and argument on all issues involved.

(c) Nothing in this chapter shall prohibit disposition of the matter through an informal conference before the Director of the Division of Environmental Quality if all parties agree, or disposition by stipulation, settlement, consent order, or default.

(d) The record of a public hearing required by this section shall include: (1) All pleadings, motions, and intermediate rulings; (2) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof; (3) A statement of matters officially noticed; (4) Offers of proof, objections, and rulings thereon; (5) Proposed findings and exceptions thereto; and (6) All staff and presiding officer memoranda or data submitted to the presiding officer in connection with his or her consideration of the case.

(1) All pleadings, motions, and intermediate rulings;

(2) Evidence received or considered, including, on request of any party, a transcript of oral proceedings or any part thereof;

(3) A statement of matters officially noticed;

(4) Offers of proof, objections, and rulings thereon;

(5) Proposed findings and exceptions thereto; and

(6) All staff and presiding officer memoranda or data submitted to the presiding officer in connection with his or her consideration of the case.

(e) Findings of fact shall be based exclusively on the evidence and on matters officially noticed.

(f) Any person compelled to appear at a public hearing shall have the right to be accompanied and advised by counsel. Parties shall have the right to conduct such cross-examination as may be required for a full and true disclosure of the facts.

(g) Except as otherwise provided by law, the person contesting a notice, order, or decision in an adjudicatory public hearing shall have the burden of proof. Irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Any other oral or documentary evidence, not privileged, may be received if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Objections to evidentiary offers may be made and shall be noted of record. When a hearing will be expedited and the interests of the parties will not be substantially prejudiced, any part of the evidence may be received in written form.

(h) Official notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the commission's specialized knowledge. Parties shall be notified of material so noticed, including any staff memoranda or data, and shall be afforded a reasonable opportunity to show to the contrary.

(i) A final decision or order of the commission shall be issued within thirty (30) days after the adjudicatory public hearing held and shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be served either personally or by mail with a copy of any decision or order.

(j) The final order of assessment of a civil penalty whether by order of the commission after hearing, or by order of the director if the operator fails to petition for review of the assessment within the time provided herein shall constitute, upon filing the order with the circuit clerk of the appropriate county, a judgment against the operator which may be recovered in any manner provided by law for collection of a judgment.

(k) Any party adversely affected by the final order or decision of the commission may obtain judicial review of that decision in accordance with § 15-58-212 .

Amended by Act 2019, No. 910,§ 3147, eff. 7/1/2019.

Acts 1979, No. 134, § 29; 1979, No. 647, § 10; A.S.A. 1947, § 52-963.
Ark. Code Ann. § 15-75-206 — AR Code / Title 15 / Chapter 75 / Subchapter 2 / Section 15-75-206
Personnel - Counsel
Status: in_force

(a) (1) The Liquefied Petroleum Gas Board shall appoint a Director of the Liquefied Petroleum Gas Board to serve with the approval and at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Energy and Environment. (b) The director shall have the authority, in consultation with the secretary, to: (1) Employ assistants, inspectors, and other personnel; and (2) Retain counsel as may be necessary to aid it properly in the administration of this subchapter, with the approval of the board. (c) (1) (A) The director shall have the power and duty to receive applications and to review and approve applications for all classes of permits after applications and supporting papers have been on file for at least thirty (30) days. (B) The director may issue class one permits once all conditions or prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (C) The director may issue all class two through class ten permits after all conditions and prerequisites have been met as set out in §§ 15-75-308 - 15-75-317 . (2) The director may refuse to approve applications for permits for safety reasons. (d) The director's decisions on the approval of the applications for class one permits shall be reviewed by the board at its next regularly scheduled meeting. Amended by Act 2019, No. 910,§ 3181, eff. 7/1/2019. Acts 1965, No. 31, § 11; 1983, No. 691, § 9; A.S.A. 1947, §§ 53-701.1, 53-710; Acts 1999, No. 1577, § 3; 2001, No. 440, § 2; 2007, No. 733, § 3.

(a) (1) The Liquefied Petroleum Gas Board shall appoint a Director of the Liquefied Petroleum Gas Board to serve with the approval and at the pleasure of the Governor. (2) The director shall report to the Secretary of the Department of Energy and Environment.

(1) The Liquefied Petroleum Gas Board shall appoint a Director of the Liquefied Petroleum Gas Board to serve with the approval and at the pleasure of the Governor.

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

(b) The director shall have the authority, in consultation with the secretary, to: (1) Employ assistants, inspectors, and other personnel; and (2) Retain counsel as may be necessary to aid it properly in the administration of this subchapter, with the approval of the board.

(1) Employ assistants, inspectors, and other personnel; and

(2) Retain counsel as may be necessary to aid it properly in the administration of this subchapter, with the approval of the board.

(c) (1) (A) The director shall have the power and duty to receive applications and to review and approve applications for all classes of permits after applications and supporting papers have been on file for at least thirty (30) days. (B) The director may issue class one permits once all conditions or prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (C) The director may issue all class two through class ten permits after all conditions and prerequisites have been met as set out in §§ 15-75-308 - 15-75-317 . (2) The director may refuse to approve applications for permits for safety reasons.

(1) (A) The director shall have the power and duty to receive applications and to review and approve applications for all classes of permits after applications and supporting papers have been on file for at least thirty (30) days. (B) The director may issue class one permits once all conditions or prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board. (C) The director may issue all class two through class ten permits after all conditions and prerequisites have been met as set out in §§ 15-75-308 - 15-75-317 .

(A) The director shall have the power and duty to receive applications and to review and approve applications for all classes of permits after applications and supporting papers have been on file for at least thirty (30) days.

(B) The director may issue class one permits once all conditions or prerequisites have been met as set out in § 15-75-307 and the application has been approved by the board.

(C) The director may issue all class two through class ten permits after all conditions and prerequisites have been met as set out in §§ 15-75-308 - 15-75-317 .

(2) The director may refuse to approve applications for permits for safety reasons.

(d) The director's decisions on the approval of the applications for class one permits shall be reviewed by the board at its next regularly scheduled meeting.

Amended by Act 2019, No. 910,§ 3181, eff. 7/1/2019.

Acts 1965, No. 31, § 11; 1983, No. 691, § 9; A.S.A. 1947, §§ 53-701.1, 53-710; Acts 1999, No. 1577, § 3; 2001, No. 440, § 2; 2007, No. 733, § 3.
Ark. Code Ann. § 15-74-705 — AR Code / Title 15 / Chapter 74 / Subchapter 7 / Section 15-74-705
Purchaser's price for royalty gas
Status: in_force

It shall be the duty of both the lessee, or his or her assignee, and any pipeline company, corporation, or individual contracting for the purchase of oil or gas under any oil, gas, or mineral lease to protect the royalty of the lessor's interest by paying to the lessor or his or her assignees the same price, including premiums, steaming charges, and bonuses of whatsoever name for royalty oil or gas that is paid the operator or lessee under the lease for the working interest thereunder. Acts 1929, No. 222, § 3; Pope's Dig., § 10500; A.S.A. 1947, § 53-511.

It shall be the duty of both the lessee, or his or her assignee, and any pipeline company, corporation, or individual contracting for the purchase of oil or gas under any oil, gas, or mineral lease to protect the royalty of the lessor's interest by paying to the lessor or his or her assignees the same price, including premiums, steaming charges, and bonuses of whatsoever name for royalty oil or gas that is paid the operator or lessee under the lease for the working interest thereunder.

Acts 1929, No. 222, § 3; Pope's Dig., § 10500; A.S.A. 1947, § 53-511.
Ark. Code Ann. § 15-57-409 — AR Code / Title 15 / Chapter 57 / Subchapter 4 / Section 15-57-409
Reclamation of land at exhausted quarry site
Status: in_force

(a) When the quarry is exhausted, the planned reclamation of all affected lands at the quarry site will be completed by the operator, his or her subcontractor, or by the Division of Environmental Quality once the bond has been forfeited. (b) (1) The minimum reclaimed condition of the exhausted quarry will be as a lake, pasture, timberland, or wetlands, or a combination thereof. Where preaffected lands consist of natural rock outcrops, floors, walls, and ledges, where no topsoil or minimal spoil exists, post-reclaimed land of approximately the same area may be left for self-revegetation within the total affected land to be reclaimed. Acreage of the preaffected lands will be calculated to the nearest acre. Exhausted highwalls and safety benches may be left for self-reclamation. (2) All equipment, tools, man-made structures, and debris will be removed from affected lands or disposed of on property in a safe manner by mutual agreement between the operator and the landowner. The agreement will be on file at the operator's offices and sent to the division with notification of exhausted quarry. (3) If uncovered spoil, earth, or rock formations cause acidic drainage, all acid-forming materials will be covered with at least three feet (3') of spoil and available topsoil, with topsoil in the top one foot (1'), and seeded as required by this subchapter. (4) Available topsoil and spoil removed during quarrying will be stockpiled for use during reclamation. If either material is not available in quantities necessary for reclamation, then priority will be given to areas with acid-forming materials in subdivision (b)(3) of this section. If contemporaneous reclamation is ongoing, then the operator may reclaim in areas of his or her own discretion. Thickness of spoil may be varied, but in no case will the combined thickness be less than six inches (6"). Spoil and topsoil which are surplus to full reclamation may be disposed of at the discretion of the operator. No topsoil or dirt is required to be hauled from another location to the quarry site. (5) Lime, fertilizer, and seeding will be completed as necessary to sustain growth over seventy-five percent (75%) of the affected area or a complete reseeding of bald spots will be required. (6) If revegetation during reclamation is to be accomplished by planting of trees, the planting guideline of the Arkansas Forestry Commission shall be complied with. A fifty-percent coverage is required after two (2) years. Otherwise, bald spots will be replanted. (7) All erosion control will be covered under the operator's stormwater pollution prevention plan. (8) Site process water quality, storage, handling, and discharge will be covered under the operator's National Pollutant Discharge Elimination System permit. (9) Quarry site reclamation must be completed through the first seeding within one (1) year for quarry sites of less than fifty (50) acres, within two (2) years for quarry sites of more than fifty (50) acres and less than one hundred (100) acres, and within three (3) years for quarry sites of more than one hundred (100) acres and less than two hundred (200) acres. This time requirement for sites larger than two hundred (200) acres may be modified, at the discretion of the division, upon agreement with the operator. (10) If an operator fails to begin reclamation during the first six (6) months after a quarry is exhausted, the division will notify the operator by citation of the above violation. If an operator then fails to begin reclamation within sixty (60) days after receiving the notification, the division may then issue a second citation. The second citation will be accompanied by a fine of not more than fifty dollars ($50.00) per day until reclamation begins. If an operator's reclamation effort does not begin within sixty (60) days of the second citation and the fine is in force for that period, then the division will notify the operator that the operation is in default. The division will then use the proceeds of the operator's forfeited bond to have the quarry site reclaimed as per the reclamation plan. Amended by Act 2019, No. 910,§ 3128, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3127, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3126, eff. 7/1/2019. Acts 1997, No. 1166, § 9.

(a) When the quarry is exhausted, the planned reclamation of all affected lands at the quarry site will be completed by the operator, his or her subcontractor, or by the Division of Environmental Quality once the bond has been forfeited.

(b) (1) The minimum reclaimed condition of the exhausted quarry will be as a lake, pasture, timberland, or wetlands, or a combination thereof. Where preaffected lands consist of natural rock outcrops, floors, walls, and ledges, where no topsoil or minimal spoil exists, post-reclaimed land of approximately the same area may be left for self-revegetation within the total affected land to be reclaimed. Acreage of the preaffected lands will be calculated to the nearest acre. Exhausted highwalls and safety benches may be left for self-reclamation. (2) All equipment, tools, man-made structures, and debris will be removed from affected lands or disposed of on property in a safe manner by mutual agreement between the operator and the landowner. The agreement will be on file at the operator's offices and sent to the division with notification of exhausted quarry. (3) If uncovered spoil, earth, or rock formations cause acidic drainage, all acid-forming materials will be covered with at least three feet (3') of spoil and available topsoil, with topsoil in the top one foot (1'), and seeded as required by this subchapter. (4) Available topsoil and spoil removed during quarrying will be stockpiled for use during reclamation. If either material is not available in quantities necessary for reclamation, then priority will be given to areas with acid-forming materials in subdivision (b)(3) of this section. If contemporaneous reclamation is ongoing, then the operator may reclaim in areas of his or her own discretion. Thickness of spoil may be varied, but in no case will the combined thickness be less than six inches (6"). Spoil and topsoil which are surplus to full reclamation may be disposed of at the discretion of the operator. No topsoil or dirt is required to be hauled from another location to the quarry site. (5) Lime, fertilizer, and seeding will be completed as necessary to sustain growth over seventy-five percent (75%) of the affected area or a complete reseeding of bald spots will be required. (6) If revegetation during reclamation is to be accomplished by planting of trees, the planting guideline of the Arkansas Forestry Commission shall be complied with. A fifty-percent coverage is required after two (2) years. Otherwise, bald spots will be replanted. (7) All erosion control will be covered under the operator's stormwater pollution prevention plan. (8) Site process water quality, storage, handling, and discharge will be covered under the operator's National Pollutant Discharge Elimination System permit. (9) Quarry site reclamation must be completed through the first seeding within one (1) year for quarry sites of less than fifty (50) acres, within two (2) years for quarry sites of more than fifty (50) acres and less than one hundred (100) acres, and within three (3) years for quarry sites of more than one hundred (100) acres and less than two hundred (200) acres. This time requirement for sites larger than two hundred (200) acres may be modified, at the discretion of the division, upon agreement with the operator. (10) If an operator fails to begin reclamation during the first six (6) months after a quarry is exhausted, the division will notify the operator by citation of the above violation. If an operator then fails to begin reclamation within sixty (60) days after receiving the notification, the division may then issue a second citation. The second citation will be accompanied by a fine of not more than fifty dollars ($50.00) per day until reclamation begins. If an operator's reclamation effort does not begin within sixty (60) days of the second citation and the fine is in force for that period, then the division will notify the operator that the operation is in default. The division will then use the proceeds of the operator's forfeited bond to have the quarry site reclaimed as per the reclamation plan.

(1) The minimum reclaimed condition of the exhausted quarry will be as a lake, pasture, timberland, or wetlands, or a combination thereof. Where preaffected lands consist of natural rock outcrops, floors, walls, and ledges, where no topsoil or minimal spoil exists, post-reclaimed land of approximately the same area may be left for self-revegetation within the total affected land to be reclaimed. Acreage of the preaffected lands will be calculated to the nearest acre. Exhausted highwalls and safety benches may be left for self-reclamation.

(2) All equipment, tools, man-made structures, and debris will be removed from affected lands or disposed of on property in a safe manner by mutual agreement between the operator and the landowner. The agreement will be on file at the operator's offices and sent to the division with notification of exhausted quarry.

(3) If uncovered spoil, earth, or rock formations cause acidic drainage, all acid-forming materials will be covered with at least three feet (3') of spoil and available topsoil, with topsoil in the top one foot (1'), and seeded as required by this subchapter.

(4) Available topsoil and spoil removed during quarrying will be stockpiled for use during reclamation. If either material is not available in quantities necessary for reclamation, then priority will be given to areas with acid-forming materials in subdivision (b)(3) of this section. If contemporaneous reclamation is ongoing, then the operator may reclaim in areas of his or her own discretion. Thickness of spoil may be varied, but in no case will the combined thickness be less than six inches (6"). Spoil and topsoil which are surplus to full reclamation may be disposed of at the discretion of the operator. No topsoil or dirt is required to be hauled from another location to the quarry site.

(5) Lime, fertilizer, and seeding will be completed as necessary to sustain growth over seventy-five percent (75%) of the affected area or a complete reseeding of bald spots will be required.

(6) If revegetation during reclamation is to be accomplished by planting of trees, the planting guideline of the Arkansas Forestry Commission shall be complied with. A fifty-percent coverage is required after two (2) years. Otherwise, bald spots will be replanted.

(7) All erosion control will be covered under the operator's stormwater pollution prevention plan.

(8) Site process water quality, storage, handling, and discharge will be covered under the operator's National Pollutant Discharge Elimination System permit.

(9) Quarry site reclamation must be completed through the first seeding within one (1) year for quarry sites of less than fifty (50) acres, within two (2) years for quarry sites of more than fifty (50) acres and less than one hundred (100) acres, and within three (3) years for quarry sites of more than one hundred (100) acres and less than two hundred (200) acres. This time requirement for sites larger than two hundred (200) acres may be modified, at the discretion of the division, upon agreement with the operator.

(10) If an operator fails to begin reclamation during the first six (6) months after a quarry is exhausted, the division will notify the operator by citation of the above violation. If an operator then fails to begin reclamation within sixty (60) days after receiving the notification, the division may then issue a second citation. The second citation will be accompanied by a fine of not more than fifty dollars ($50.00) per day until reclamation begins. If an operator's reclamation effort does not begin within sixty (60) days of the second citation and the fine is in force for that period, then the division will notify the operator that the operation is in default. The division will then use the proceeds of the operator's forfeited bond to have the quarry site reclaimed as per the reclamation plan.

Amended by Act 2019, No. 910,§ 3128, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3127, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3126, eff. 7/1/2019.

Acts 1997, No. 1166, § 9.
Ark. Code Ann. § 15-11-601 — AR Code / Title 15 / Chapter 11 / Subchapter 6 / Section 15-11-601
Creation - Membership
Status: in_force

(a) (1) There is created the "Keep Arkansas Beautiful Commission", to be composed of nine (9) members appointed by the Governor subject to confirmation by the Senate. (2) Two (2) members shall be appointed from each Arkansas congressional district and the remaining member shall be appointed from the state at large. (b) (1) The term of office of the initial members of the commission shall be determined by lot as follows: (A) The term of office of two (2) of the initial members shall expire on January 14, 2003; (B) The term of office of two (2) of the initial members shall expire on January 14, 2002; (C) The term of office of two (2) of the initial members of the commission shall expire on January 14, 2001; (D) The term of office of one (1) of the initial members of the commission shall expire on January 14, 2000; (E) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1999; and (F) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1998. (2) All successor members, other than those appointed to fill unexpired terms, shall serve six-year terms to expire on January 14 of the sixth year. (c) All vacancies shall be filled by appointment by the Governor and each appointment shall be subject to confirmation by the Senate. (d) (1) The Governor shall designate the member to chair the organizational meeting of the commission, at which meeting the commission shall select from its membership a chair, a vice chair, and such other officers as it determines appropriate. (2) The officers shall serve as such for such period of time as determined by the commission. (e) Before entering upon his or her duties as a member of the commission, each member shall take and subscribe and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to perform faithfully the duties of the office upon which he or she is about to enter. (f) Members of the commission shall serve without compensation for their service but may receive expense reimbursement and a stipend of eighty-five dollars ($85.00) per day in accordance with § 25-16-901 et seq. (g) The Director of the Administrative Office of the Keep Arkansas Beautiful Commission shall serve as ex officio Secretary of the Keep Arkansas Beautiful Commission and shall have no vote on matters coming before the commission. Acts 1997, No. 1278, § 1; 2001, No. 1650, § 7.

(a) (1) There is created the "Keep Arkansas Beautiful Commission", to be composed of nine (9) members appointed by the Governor subject to confirmation by the Senate. (2) Two (2) members shall be appointed from each Arkansas congressional district and the remaining member shall be appointed from the state at large.

(1) There is created the "Keep Arkansas Beautiful Commission", to be composed of nine (9) members appointed by the Governor subject to confirmation by the Senate.

(2) Two (2) members shall be appointed from each Arkansas congressional district and the remaining member shall be appointed from the state at large.

(b) (1) The term of office of the initial members of the commission shall be determined by lot as follows: (A) The term of office of two (2) of the initial members shall expire on January 14, 2003; (B) The term of office of two (2) of the initial members shall expire on January 14, 2002; (C) The term of office of two (2) of the initial members of the commission shall expire on January 14, 2001; (D) The term of office of one (1) of the initial members of the commission shall expire on January 14, 2000; (E) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1999; and (F) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1998. (2) All successor members, other than those appointed to fill unexpired terms, shall serve six-year terms to expire on January 14 of the sixth year.

(1) The term of office of the initial members of the commission shall be determined by lot as follows: (A) The term of office of two (2) of the initial members shall expire on January 14, 2003; (B) The term of office of two (2) of the initial members shall expire on January 14, 2002; (C) The term of office of two (2) of the initial members of the commission shall expire on January 14, 2001; (D) The term of office of one (1) of the initial members of the commission shall expire on January 14, 2000; (E) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1999; and (F) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1998.

(A) The term of office of two (2) of the initial members shall expire on January 14, 2003;

(B) The term of office of two (2) of the initial members shall expire on January 14, 2002;

(C) The term of office of two (2) of the initial members of the commission shall expire on January 14, 2001;

(D) The term of office of one (1) of the initial members of the commission shall expire on January 14, 2000;

(E) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1999; and

(F) The term of office of one (1) of the initial members of the commission shall expire on January 14, 1998.

(2) All successor members, other than those appointed to fill unexpired terms, shall serve six-year terms to expire on January 14 of the sixth year.

(c) All vacancies shall be filled by appointment by the Governor and each appointment shall be subject to confirmation by the Senate.

(d) (1) The Governor shall designate the member to chair the organizational meeting of the commission, at which meeting the commission shall select from its membership a chair, a vice chair, and such other officers as it determines appropriate. (2) The officers shall serve as such for such period of time as determined by the commission.

(1) The Governor shall designate the member to chair the organizational meeting of the commission, at which meeting the commission shall select from its membership a chair, a vice chair, and such other officers as it determines appropriate.

(2) The officers shall serve as such for such period of time as determined by the commission.

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

(f) Members of the commission shall serve without compensation for their service but may receive expense reimbursement and a stipend of eighty-five dollars ($85.00) per day in accordance with § 25-16-901 et seq.

(g) The Director of the Administrative Office of the Keep Arkansas Beautiful Commission shall serve as ex officio Secretary of the Keep Arkansas Beautiful Commission and shall have no vote on matters coming before the commission.

Acts 1997, No. 1278, § 1; 2001, No. 1650, § 7.
Ark. Code Ann. § 15-5-1302 — AR Code / Title 15 / Chapter 5 / Subchapter 13 / Section 15-5-1302
Definitions
Status: in_force

As used in this subchapter: (1) "Affordable housing assistance activities" means money, real, or personal property expended or devoted to the construction or rehabilitation of affordable housing units developed by or in conjunction with any governmental unit or not-for-profit corporation, such costs to include related site and infrastructure costs and community and supportive services; (2) "Affordable housing unit" means: (A) For purposes of rental units, a housing unit or units which have restricted rents that do not exceed thirty percent (30%) of median income for the metropolitan area or county in which the project is located for: (i) At least forty percent (40%) of its units, which must be occupied by persons or families having incomes of sixty percent (60%) or less of the median income for the metropolitan area or county in which the project is located; or (ii) For at least twenty percent (20%) of its units, which must be occupied by persons or families having incomes of fifty percent (50%) or less of the median income for the metropolitan area or county in which the project is located; (B) In the case of owner-occupied units, a housing unit which is sold to a purchaser: (i) Whose family income does not exceed one hundred fifteen percent (115%) of the median income, adjusted for family size, of the county of standard metropolitan statistical area at the time of the initial purchase contract; (ii) Who has not owned a home for three (3) years prior to initial occupancy; and (iii) Who will occupy the housing unit as the family's principal residence; (C) In the case of rental units, the cost to the occupant shall be considered the amount of the gross rent; and (D) For purposes of owner-occupied units, the Arkansas Development Finance Authority shall establish the requirements for an affordable housing unit to be consistent with guidelines established under the federal HOME Investment Partnerships Program; (3) "Authority" means the Arkansas Development Finance Authority or its successor agency; (4) "Business firm" means: (A) A person; (B) A general or limited partnership; (C) A partner in such partnership; (D) A corporation; (E) A limited liability company or a member thereof; (F) A shareholder in an S corporation subject to the state income tax imposed by the provisions of §§ 26-51-101 - 26-51-1510 ; (G) An insurance company paying an annual tax on its gross premium receipts in this state; or (H) A financial institution paying income taxes to the State of Arkansas; (5) [Repealed.] (6) "Governmental unit" means: (A) The State of Arkansas; (B) Any county, municipality, or other political subdivision of the State of Arkansas; and (C) Any agency, board, commission, or instrumentality of any of the foregoing; (7) "Neighborhood organization" means any organization performing community services or economic development activities in the State of Arkansas and: (A) Holding a ruling from the Internal Revenue Service that the organization is exempt from income taxation under the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq.; (B) Incorporated in the State of Arkansas as a not-for-profit corporation; or (C) Designated as a community development corporation by the United States Government under the provisions of Title VII of the Economic Opportunity Act of 1964, 42 U.S.C. § 2701 et seq. [repealed]; and (8) "S corporation" means a corporation described in 26 U.S.C. § 1361(a)(1) . Amended by Act 2019, No. 910,§ 3402, eff. 7/1/2019. Acts 1997, No. 1331, § 2.

As used in this subchapter:

(1) "Affordable housing assistance activities" means money, real, or personal property expended or devoted to the construction or rehabilitation of affordable housing units developed by or in conjunction with any governmental unit or not-for-profit corporation, such costs to include related site and infrastructure costs and community and supportive services;

(2) "Affordable housing unit" means: (A) For purposes of rental units, a housing unit or units which have restricted rents that do not exceed thirty percent (30%) of median income for the metropolitan area or county in which the project is located for: (i) At least forty percent (40%) of its units, which must be occupied by persons or families having incomes of sixty percent (60%) or less of the median income for the metropolitan area or county in which the project is located; or (ii) For at least twenty percent (20%) of its units, which must be occupied by persons or families having incomes of fifty percent (50%) or less of the median income for the metropolitan area or county in which the project is located; (B) In the case of owner-occupied units, a housing unit which is sold to a purchaser: (i) Whose family income does not exceed one hundred fifteen percent (115%) of the median income, adjusted for family size, of the county of standard metropolitan statistical area at the time of the initial purchase contract; (ii) Who has not owned a home for three (3) years prior to initial occupancy; and (iii) Who will occupy the housing unit as the family's principal residence; (C) In the case of rental units, the cost to the occupant shall be considered the amount of the gross rent; and (D) For purposes of owner-occupied units, the Arkansas Development Finance Authority shall establish the requirements for an affordable housing unit to be consistent with guidelines established under the federal HOME Investment Partnerships Program;

(A) For purposes of rental units, a housing unit or units which have restricted rents that do not exceed thirty percent (30%) of median income for the metropolitan area or county in which the project is located for: (i) At least forty percent (40%) of its units, which must be occupied by persons or families having incomes of sixty percent (60%) or less of the median income for the metropolitan area or county in which the project is located; or (ii) For at least twenty percent (20%) of its units, which must be occupied by persons or families having incomes of fifty percent (50%) or less of the median income for the metropolitan area or county in which the project is located;

(i) At least forty percent (40%) of its units, which must be occupied by persons or families having incomes of sixty percent (60%) or less of the median income for the metropolitan area or county in which the project is located; or

(ii) For at least twenty percent (20%) of its units, which must be occupied by persons or families having incomes of fifty percent (50%) or less of the median income for the metropolitan area or county in which the project is located;

(B) In the case of owner-occupied units, a housing unit which is sold to a purchaser: (i) Whose family income does not exceed one hundred fifteen percent (115%) of the median income, adjusted for family size, of the county of standard metropolitan statistical area at the time of the initial purchase contract; (ii) Who has not owned a home for three (3) years prior to initial occupancy; and (iii) Who will occupy the housing unit as the family's principal residence;

(i) Whose family income does not exceed one hundred fifteen percent (115%) of the median income, adjusted for family size, of the county of standard metropolitan statistical area at the time of the initial purchase contract;

(ii) Who has not owned a home for three (3) years prior to initial occupancy; and

(iii) Who will occupy the housing unit as the family's principal residence;

(C) In the case of rental units, the cost to the occupant shall be considered the amount of the gross rent; and

(D) For purposes of owner-occupied units, the Arkansas Development Finance Authority shall establish the requirements for an affordable housing unit to be consistent with guidelines established under the federal HOME Investment Partnerships Program;

(3) "Authority" means the Arkansas Development Finance Authority or its successor agency;

(4) "Business firm" means: (A) A person; (B) A general or limited partnership; (C) A partner in such partnership; (D) A corporation; (E) A limited liability company or a member thereof; (F) A shareholder in an S corporation subject to the state income tax imposed by the provisions of §§ 26-51-101 - 26-51-1510 ; (G) An insurance company paying an annual tax on its gross premium receipts in this state; or (H) A financial institution paying income taxes to the State of Arkansas;

(A) A person;

(B) A general or limited partnership;

(C) A partner in such partnership;

(D) A corporation;

(E) A limited liability company or a member thereof;

(F) A shareholder in an S corporation subject to the state income tax imposed by the provisions of §§ 26-51-101 - 26-51-1510 ;

(G) An insurance company paying an annual tax on its gross premium receipts in this state; or

(H) A financial institution paying income taxes to the State of Arkansas;

(5) [Repealed.]

(6) "Governmental unit" means: (A) The State of Arkansas; (B) Any county, municipality, or other political subdivision of the State of Arkansas; and (C) Any agency, board, commission, or instrumentality of any of the foregoing;

(A) The State of Arkansas;

(B) Any county, municipality, or other political subdivision of the State of Arkansas; and

(C) Any agency, board, commission, or instrumentality of any of the foregoing;

(7) "Neighborhood organization" means any organization performing community services or economic development activities in the State of Arkansas and: (A) Holding a ruling from the Internal Revenue Service that the organization is exempt from income taxation under the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq.; (B) Incorporated in the State of Arkansas as a not-for-profit corporation; or (C) Designated as a community development corporation by the United States Government under the provisions of Title VII of the Economic Opportunity Act of 1964, 42 U.S.C. § 2701 et seq. [repealed]; and

(A) Holding a ruling from the Internal Revenue Service that the organization is exempt from income taxation under the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq.;

(B) Incorporated in the State of Arkansas as a not-for-profit corporation; or

(C) Designated as a community development corporation by the United States Government under the provisions of Title VII of the Economic Opportunity Act of 1964, 42 U.S.C. § 2701 et seq. [repealed]; and

(8) "S corporation" means a corporation described in 26 U.S.C. § 1361(a)(1) .

Amended by Act 2019, No. 910,§ 3402, eff. 7/1/2019.

Acts 1997, No. 1331, § 2.
Ark. Code Ann. § 15-23-801 — AR Code / Title 15 / Chapter 23 / Subchapter 8 / Section 15-23-801
Legislative intent
Status: in_force

It is the intent of this subchapter to create the Ouachita River Commission. The commission's purpose is to promote the recreational benefits of the Ouachita River. Specifically, this subchapter reaffirms the integrity of the river with respect to the existing configuration of the channel and sand bars. No studies shall be undertaken that would, as a premise, allow any modification of the channel bends or sand bars of the Ouachita River. It is the stated purpose of this subchapter to accomplish an increase in Ouachita River use without any bend cuts or bend widenings. Acts 1999, No. 1532, § 1.

It is the intent of this subchapter to create the Ouachita River Commission. The commission's purpose is to promote the recreational benefits of the Ouachita River. Specifically, this subchapter reaffirms the integrity of the river with respect to the existing configuration of the channel and sand bars. No studies shall be undertaken that would, as a premise, allow any modification of the channel bends or sand bars of the Ouachita River. It is the stated purpose of this subchapter to accomplish an increase in Ouachita River use without any bend cuts or bend widenings.

Acts 1999, No. 1532, § 1.
Ark. Code Ann. § 15-11-504 — AR Code / Title 15 / Chapter 11 / Subchapter 5 / Section 15-11-504
Evaluation standards - Tourism attraction project applications
Status: in_force

(a) The Director of the Arkansas Economic Development Commission shall establish standards for the making of applications for inducements to eligible companies and their tourism attraction projects by the promulgation of administrative rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (b) With respect to each eligible company making an application to the director for inducements and with respect to the tourism attraction project described in the application, the director shall make inquiries and request materials of the applicant that shall include, but shall not be limited to: (1) Marketing plans for the tourism attraction project that target individuals who are not residents of the state; (2) A description and location of the tourism attraction project; (3) Capital and other anticipated expenditures for the tourism attraction project that indicate that the total cost of the tourism attraction project shall exceed the amounts specified in § 15-11-503(4) ; (4) The anticipated employment and wages to be paid at the tourism attraction project; (5) Business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues and expenses generated by the tourism attraction project. (c) The Arkansas Economic Development Commission shall analyze the data made available by the eligible company and collect and analyze additional information as is necessary to determine that the tourism attraction project will: (1) Develop a marketing plan that targets at least twenty-five percent (25%) of its visitors from among persons who are not residents of the state; (2) Have costs in excess of the amounts specified in § 15-11-503(4) ; (3) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in the state and the amount by which increased tax revenues from the tourism attraction project will exceed the sales tax credit allowed pursuant to § 15-11-507 ; (4) Produce sufficient revenues and public demand to be operating and open to the public on a regular and persistent basis; and (5) Not adversely affect existing employment in the state. Amended by Act 2023, No. 652,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 652,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 1105, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 453, eff. 7/1/2019. Acts 1997, No. 291, § 4; 1999, No. 1135, § 2; 2005, No. 2308, § 2.

(a) The Director of the Arkansas Economic Development Commission shall establish standards for the making of applications for inducements to eligible companies and their tourism attraction projects by the promulgation of administrative rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(b) With respect to each eligible company making an application to the director for inducements and with respect to the tourism attraction project described in the application, the director shall make inquiries and request materials of the applicant that shall include, but shall not be limited to: (1) Marketing plans for the tourism attraction project that target individuals who are not residents of the state; (2) A description and location of the tourism attraction project; (3) Capital and other anticipated expenditures for the tourism attraction project that indicate that the total cost of the tourism attraction project shall exceed the amounts specified in § 15-11-503(4) ; (4) The anticipated employment and wages to be paid at the tourism attraction project; (5) Business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and (6) The anticipated revenues and expenses generated by the tourism attraction project.

(1) Marketing plans for the tourism attraction project that target individuals who are not residents of the state;

(2) A description and location of the tourism attraction project;

(3) Capital and other anticipated expenditures for the tourism attraction project that indicate that the total cost of the tourism attraction project shall exceed the amounts specified in § 15-11-503(4) ;

(4) The anticipated employment and wages to be paid at the tourism attraction project;

(5) Business plans which indicate the average number of days in a year in which the tourism attraction project will be in operation and open to the public; and

(6) The anticipated revenues and expenses generated by the tourism attraction project.

(c) The Arkansas Economic Development Commission shall analyze the data made available by the eligible company and collect and analyze additional information as is necessary to determine that the tourism attraction project will: (1) Develop a marketing plan that targets at least twenty-five percent (25%) of its visitors from among persons who are not residents of the state; (2) Have costs in excess of the amounts specified in § 15-11-503(4) ; (3) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in the state and the amount by which increased tax revenues from the tourism attraction project will exceed the sales tax credit allowed pursuant to § 15-11-507 ; (4) Produce sufficient revenues and public demand to be operating and open to the public on a regular and persistent basis; and (5) Not adversely affect existing employment in the state.

(1) Develop a marketing plan that targets at least twenty-five percent (25%) of its visitors from among persons who are not residents of the state;

(2) Have costs in excess of the amounts specified in § 15-11-503(4) ;

(3) Have a significant and positive economic impact on the state considering, among other factors, the extent to which the tourism attraction project will compete directly with existing tourism attractions in the state and the amount by which increased tax revenues from the tourism attraction project will exceed the sales tax credit allowed pursuant to § 15-11-507 ;

(4) Produce sufficient revenues and public demand to be operating and open to the public on a regular and persistent basis; and

(5) Not adversely affect existing employment in the state.

Amended by Act 2023, No. 652,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 652,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 1105, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 453, eff. 7/1/2019.

Acts 1997, No. 291, § 4; 1999, No. 1135, § 2; 2005, No. 2308, § 2.
Ark. Code Ann. § 15-5-702 — AR Code / Title 15 / Chapter 5 / Subchapter 7 / Section 15-5-702
Legislative findings and declaration of public necessity
Status: in_force

(a) The General Assembly finds: (1) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. This instability has caused serious economic distress among the citizens of the state and is manifest in the increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment. The continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; (2) That the economic well-being of the citizens of the State of Arkansas will be enhanced by providing affordable financing to small business enterprises in Arkansas; (3) That there exists a need to leverage private capital, to import capital into Arkansas, and to expand the permanent presence of investment talent in Arkansas; (4) That the state needs to forge strong coinvestment relationships with regional and national investors that best address market inefficiencies in Arkansas; and (5) There exists a need to attract venture capital pools, companies, or partnerships and to expand the range and variety of capital products available through these entities to Arkansas small businesses. (b) For these reasons, the General Assembly finds that there exists in the state an immediate and urgent need to provide the means and methods for providing financing and enhancing and supporting the credit of that financing to: (1) Promote and develop the expansion of existing and the establishment of new small business enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment; (2) Promote and target the resources of the state by leveraging available loan funds through participation with local financial institutions in Arkansas and with agencies of the United States Government; (3) Promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; and (4) Target resources of the state toward the development and expansion, especially in rural areas, of technology-oriented small business enterprises, minority-owned small business enterprises, and agriculture-related small business enterprises. (c) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of agricultural business and industrial enterprises. (d) The General Assembly finds that the public policies and responsibilities of the state as set forth in this section cannot be fully attained without the use of public financing and that the public financing can best be provided by the creation of a Small Business Revolving Loan Fund. (e) It is the purpose of this subchapter to establish programs under which the State of Arkansas, through the Arkansas Development Finance Authority, will provide fiscal resources to assist small business capital development and to assist Arkansas financial institutions to overcome obstacles and constraints in meeting the full range of economically sound financing needs of Arkansas small businesses. Acts 1989, No. 623, § 2; 1991, No. 775, § 1; 1991, No. 874, § 1; 1995, No. 1329, §§ 1, 2.

(a) The General Assembly finds: (1) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. This instability has caused serious economic distress among the citizens of the state and is manifest in the increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment. The continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state; (2) That the economic well-being of the citizens of the State of Arkansas will be enhanced by providing affordable financing to small business enterprises in Arkansas; (3) That there exists a need to leverage private capital, to import capital into Arkansas, and to expand the permanent presence of investment talent in Arkansas; (4) That the state needs to forge strong coinvestment relationships with regional and national investors that best address market inefficiencies in Arkansas; and (5) There exists a need to attract venture capital pools, companies, or partnerships and to expand the range and variety of capital products available through these entities to Arkansas small businesses.

(1) That there exists severe economic instability in traditional national and international markets for goods and services produced by the citizens of the State of Arkansas. This instability has caused serious economic distress among the citizens of the state and is manifest in the increasing number of business failures and bankruptcies, both personal and corporate, and the extraordinarily high levels of unemployment. The continued existence of these conditions is inimical to the public health, welfare, safety, morals, and economic security of the citizens and inhabitants of the state;

(2) That the economic well-being of the citizens of the State of Arkansas will be enhanced by providing affordable financing to small business enterprises in Arkansas;

(3) That there exists a need to leverage private capital, to import capital into Arkansas, and to expand the permanent presence of investment talent in Arkansas;

(4) That the state needs to forge strong coinvestment relationships with regional and national investors that best address market inefficiencies in Arkansas; and

(5) There exists a need to attract venture capital pools, companies, or partnerships and to expand the range and variety of capital products available through these entities to Arkansas small businesses.

(b) For these reasons, the General Assembly finds that there exists in the state an immediate and urgent need to provide the means and methods for providing financing and enhancing and supporting the credit of that financing to: (1) Promote and develop the expansion of existing and the establishment of new small business enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment; (2) Promote and target the resources of the state by leveraging available loan funds through participation with local financial institutions in Arkansas and with agencies of the United States Government; (3) Promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; and (4) Target resources of the state toward the development and expansion, especially in rural areas, of technology-oriented small business enterprises, minority-owned small business enterprises, and agriculture-related small business enterprises.

(1) Promote and develop the expansion of existing and the establishment of new small business enterprises for the purpose of further alleviating unemployment within the state and for providing additional employment;

(2) Promote and target the resources of the state by leveraging available loan funds through participation with local financial institutions in Arkansas and with agencies of the United States Government;

(3) Promote and target resources of the state to further the development of export trade of Arkansas products for the purpose of the economic development of the state and for providing additional employment therefrom; and

(4) Target resources of the state toward the development and expansion, especially in rural areas, of technology-oriented small business enterprises, minority-owned small business enterprises, and agriculture-related small business enterprises.

(c) It is declared to be the public policy and responsibility of this state to promote the health, welfare, safety, morals, and economic security of its inhabitants through the retention of existing employment and alleviation of unemployment in all phases of agricultural business and industrial enterprises.

(d) The General Assembly finds that the public policies and responsibilities of the state as set forth in this section cannot be fully attained without the use of public financing and that the public financing can best be provided by the creation of a Small Business Revolving Loan Fund.

(e) It is the purpose of this subchapter to establish programs under which the State of Arkansas, through the Arkansas Development Finance Authority, will provide fiscal resources to assist small business capital development and to assist Arkansas financial institutions to overcome obstacles and constraints in meeting the full range of economically sound financing needs of Arkansas small businesses.

Acts 1989, No. 623, § 2; 1991, No. 775, § 1; 1991, No. 874, § 1; 1995, No. 1329, §§ 1, 2.
Ark. Code Ann. § 15-58-510 — AR Code / Title 15 / Chapter 58 / Subchapter 5 / Section 15-58-510
Environmental protection performance standards
Status: in_force

(a) Any permit issued pursuant to this chapter to conduct surface coal mining operations and any authorization to conduct coal exploration operations shall require that operations will meet all applicable performance standards of this chapter and the rules issued pursuant to this chapter. (b) The Arkansas Pollution Control and Ecology Commission shall issue rules which are consistent with and in accordance with, but no more restrictive than, all the applicable environmental protection performance standards found in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87. (c) The commission shall issue rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations. (d) All departures, variances, and exceptions from the performance standards which are provided in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that chapter and other departures, variances, and exceptions which may be granted through a state program shall be provided for in the rules issued by the commission pursuant to this chapter. The departures, variances, and exceptions provided for in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that law shall be granted or allowed upon a showing of the same circumstances and conditions required in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 or in the regulations issued pursuant to that law. Amended by Act 2019, No. 315,§ 1220, eff. 7/24/2019. Acts 1979, No. 134, § 15; A.S.A. 1947, § 52-949.

(a) Any permit issued pursuant to this chapter to conduct surface coal mining operations and any authorization to conduct coal exploration operations shall require that operations will meet all applicable performance standards of this chapter and the rules issued pursuant to this chapter.

(b) The Arkansas Pollution Control and Ecology Commission shall issue rules which are consistent with and in accordance with, but no more restrictive than, all the applicable environmental protection performance standards found in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87.

(c) The commission shall issue rules requiring the training, examination, and certification of persons engaging in or directly responsible for blasting or use of explosives in surface coal mining operations.

(d) All departures, variances, and exceptions from the performance standards which are provided in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that chapter and other departures, variances, and exceptions which may be granted through a state program shall be provided for in the rules issued by the commission pursuant to this chapter. The departures, variances, and exceptions provided for in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 and in the regulations issued pursuant to that law shall be granted or allowed upon a showing of the same circumstances and conditions required in the Surface Mining Control and Reclamation Act of 1977, Pub. L. No. 95-87 or in the regulations issued pursuant to that law.

Amended by Act 2019, No. 315,§ 1220, eff. 7/24/2019.

Acts 1979, No. 134, § 15; A.S.A. 1947, § 52-949.
Ark. Code Ann. § 15-4-525 — AR Code / Title 15 / Chapter 4 / Subchapter 5 / Section 15-4-525
Dissolution
Status: in_force

(a) Any corporation organized under this act, after the payment in full and cancellation of its bonds and other obligations issued under the provisions of this act or the deposit in trust with the trustee provided in the deed of trust given to secure the payment of all such obligations of a sum of money sufficient for the purpose, may dissolve by a majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose. (b) A certificate of dissolution shall be signed by the president or vice president and attested to by the secretary certifying to the dissolution and stating that they have been authorized to execute and file the certificate by vote cast in person or by proxy by a majority of the members of the corporation. (c) A certificate of dissolution shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this act. (d) As soon as the Secretary of State shall have accepted the certificate of dissolution for filing and issued a certificate of dissolution, the corporation shall be deemed to be dissolved. (e) However, the corporation shall continue for the purpose of paying, satisfying, and discharging any other existing liabilities or obligations, collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name. (f) Any assets remaining after all liabilities or other obligations of the corporation have been satisfied or discharged shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution. (g) Any corporation which purports to have been incorporated under this act but which has not complied with all of the requirements for legal corporate existence and which does not have outstanding and unpaid any bonds or other obligations authorized to be issued under the provisions of this act, nevertheless may file a certificate of dissolution in the same manner as a validly existing corporation. (h) The certificate of dissolution, in such case, may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten (10) days' notice mailed to the last known post office address of each incorporator or director and held at the principal office of the corporation named in the articles of incorporation. Acts 1955, No. 404, § 24; 1957, No. 47, § 3; A.S.A. 1947, § 9-527.

(a) Any corporation organized under this act, after the payment in full and cancellation of its bonds and other obligations issued under the provisions of this act or the deposit in trust with the trustee provided in the deed of trust given to secure the payment of all such obligations of a sum of money sufficient for the purpose, may dissolve by a majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose.

(b) A certificate of dissolution shall be signed by the president or vice president and attested to by the secretary certifying to the dissolution and stating that they have been authorized to execute and file the certificate by vote cast in person or by proxy by a majority of the members of the corporation.

(c) A certificate of dissolution shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this act.

(d) As soon as the Secretary of State shall have accepted the certificate of dissolution for filing and issued a certificate of dissolution, the corporation shall be deemed to be dissolved.

(e) However, the corporation shall continue for the purpose of paying, satisfying, and discharging any other existing liabilities or obligations, collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs, and may sue and be sued in its corporate name.

(f) Any assets remaining after all liabilities or other obligations of the corporation have been satisfied or discharged shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution.

(g) Any corporation which purports to have been incorporated under this act but which has not complied with all of the requirements for legal corporate existence and which does not have outstanding and unpaid any bonds or other obligations authorized to be issued under the provisions of this act, nevertheless may file a certificate of dissolution in the same manner as a validly existing corporation.

(h) The certificate of dissolution, in such case, may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten (10) days' notice mailed to the last known post office address of each incorporator or director and held at the principal office of the corporation named in the articles of incorporation.

Acts 1955, No. 404, § 24; 1957, No. 47, § 3; A.S.A. 1947, § 9-527.
Ark. Code Ann. § 15-76-320 — AR Code / Title 15 / Chapter 76 / Subchapter 3 / Section 15-76-320
Antitrust
Status: in_force

The formation of a brine production unit or brine expansion unit as provided in this subchapter and the operation of the unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade. Amended by Act 2015, No. 89,§ 13, eff. 2/13/2015. Acts 1979, No. 937, § 13; A.S.A. 1947, § 53-1313.

The formation of a brine production unit or brine expansion unit as provided in this subchapter and the operation of the unit under order of the Oil and Gas Commission shall not be a violation of any statute of this state relating to trusts, monopolies, contracts, or combinations in restraint of trade.

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

Acts 1979, No. 937, § 13; A.S.A. 1947, § 53-1313.
Ark. Code Ann. § 15-60-112 — AR Code / Title 15 / Chapter 60 / Section 15-60-112
Records to be kept by purchasers of refined mercury for resale
Status: in_force

It shall be the duty of every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of purchasing for resale distilled or refined quicksilver or mercury to keep a record containing the following information: (1) The full name and address of the person from whom distilled or refined quicksilver or mercury was purchased; (2) The name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust on whose behalf distilled or refined quicksilver or mercury was delivered; (3) The weight, amount, date of delivery, date of purchase, purchase price, description of the container, and a short description of the metal, of the distilled or refined quicksilver or mercury purchased; (4) The name and location of the mine or claim from which each purchased lot of distilled or refined quicksilver or mercury was mined or procured; (5) The name and location of the mill, plant, retort, or other reduction apparatus from which distilled or refined quicksilver or mercury so purchased had been produced; and (6) The name and address of the purchaser on resale, date of delivery or shipment, the weight, the amount, the sale price received, and a short description of the distilled or refined quicksilver or mercury. Acts 1943, No. 86, § 11; A.S.A. 1947, § 52-811.

It shall be the duty of every person, group of persons, association, partnership, copartnership, firm, joint-stock company, corporation, or trust engaged in the business of purchasing for resale distilled or refined quicksilver or mercury to keep a record containing the following information:

(1) The full name and address of the person from whom distilled or refined quicksilver or mercury was purchased;

(2) The name of the person, association, partnership, copartnership, firm, joint-stock company, corporation, or trust on whose behalf distilled or refined quicksilver or mercury was delivered;

(3) The weight, amount, date of delivery, date of purchase, purchase price, description of the container, and a short description of the metal, of the distilled or refined quicksilver or mercury purchased;

(4) The name and location of the mine or claim from which each purchased lot of distilled or refined quicksilver or mercury was mined or procured;

(5) The name and location of the mill, plant, retort, or other reduction apparatus from which distilled or refined quicksilver or mercury so purchased had been produced; and

(6) The name and address of the purchaser on resale, date of delivery or shipment, the weight, the amount, the sale price received, and a short description of the distilled or refined quicksilver or mercury.

Acts 1943, No. 86, § 11; A.S.A. 1947, § 52-811.
Ark. Code Ann. § 15-4-3801 — AR Code / Title 15 / Chapter 4 / Subchapter 38 / Section 15-4-3801
Title
Status: in_force

This subchapter shall be known and may be cited as the "Local Food, Farms, and Jobs Act". Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.

This subchapter shall be known and may be cited as the "Local Food, Farms, and Jobs Act".

Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.