reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 89 - INTERSTATE COMPACTS (§§ 27-89-201 — 27-89-306) › Subchapter 2 - ARKANSAS-MISSISSIPPI BRIDGE COMMISSION COMPACT (§§ 27-89-201 — 27-89-204) › Section 27-89-204 - Consent of Congress - Effect

The commission shall have power to apply to the Congress of the United States for its consent and approval of the compact; in the absence of consent of Congress and until the compact shall have been secured, the compact shall be binding upon the State of Arkansas in all respects permitted by law for the two (2) states of Arkansas and Mississippi without the consent of Congress to cooperate, for the purposes enumerated in the compact and in the manner provided therein.
Acts 1951, No. 66, § 4; A.S.A. 1947, § 76-2104.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 89 - INTERSTATE COMPACTS (§§ 27-89-201 — 27-89-306) › Subchapter 3 - ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT (§§ 27-89-301 — 27-89-306) › Section 27-89-302 - State highway commissioners to serve on compact authority - Filling of vacancies

(a)
The five (5) members to represent the State of Arkansas on the Arkansas-Mississippi Great River Bridge Construction Compact shall be the five (5) members serving on the State Highway Commission established pursuant to the provisions of Arkansas Constitution, Amendment 42, and members of the commission shall serve on the compact authority during their respective terms as members of the commission.
(b)
Vacancies that occur in any member position on the authority from the State of Arkansas shall be filled by the successor member of the commission appointed to serve thereon, in the manner set forth in Arkansas Constitution, Amendment 42.
Acts 1985, No. 27, § 2; A.S.A. 1947, § 76-2106.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 89 - INTERSTATE COMPACTS (§§ 27-89-201 — 27-89-306) › Subchapter 3 - ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT (§§ 27-89-301 — 27-89-306) › Section 27-89-303 - Powers granted to members of authority - Directions for other state officers

(a)
There is granted to the members of the authority for the State of Arkansas, and to the compact administrator, all the powers provided for in the Arkansas-Mississippi Great River Bridge Construction Compact Authority.
(b)
All officers of the State of Arkansas are authorized and directed to do all things falling within their respective jurisdictions, which are necessary or incidental to carrying out the purposes of the Arkansas-Mississippi Great River Bridge Construction Compact.
Acts 1985, No. 27, § 3; A.S.A. 1947, § 76-2107.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 89 - INTERSTATE COMPACTS (§§ 27-89-201 — 27-89-306) › Subchapter 3 - ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT (§§ 27-89-301 — 27-89-306) › Section 27-89-304 - Compact operative when executed and ratified

(a)
When the Chairman of the State Highway Commission shall have executed the compact on behalf of this state and shall cause a verified copy thereof to be filed with the Secretary of State, and when the compact shall have been ratified by the State of Mississippi, then the compact shall become operative and effective as between the States of Arkansas and Mississippi.
(b)
The Chairman of the State Highway Commission is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and the State of Mississippi with respect to ratifying the compact.
Acts 1985, No. 27, § 4; A.S.A. 1947, § 76-2108.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 89 - INTERSTATE COMPACTS (§§ 27-89-201 — 27-89-306) › Subchapter 3 - ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT (§§ 27-89-301 — 27-89-306) › Section 27-89-305 - Use of state funds - Appropriation necessary for construction funds

The State Highway Commission is authorized to use moneys appropriated for the operation of the Arkansas Department of Transportation for payment of the State of Arkansas's pro rata share of the administrative costs of the compact authority, but shall have no authority to authorize, or contract for, the use of moneys in the State Highway and Transportation Department Fund for the construction of the Arkansas-Mississippi Great River Bridge, except upon specific authorization and appropriation thereof by the General Assembly.
Amended by Act 2017, No. 707,§ 432, eff. 8/1/2017.
Acts 1985, No. 27, § 5; A.S.A. 1947, § 76-2109.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 89 - INTERSTATE COMPACTS (§§ 27-89-201 — 27-89-306) › Subchapter 3 - ARKANSAS-MISSISSIPPI GREAT RIVER BRIDGE CONSTRUCTION COMPACT (§§ 27-89-301 — 27-89-306) › Section 27-89-306 - Application to Congress for consent and approval - Binding effect of compact

The authority shall have power to apply to the Congress of the United States for its consent and approval of the compact; but in the absence of such consent of Congress and until that consent shall have been secured, the compact shall be binding upon the State of Arkansas in all respects permitted by law for the two (2) States of Arkansas and Mississippi without the consent of Congress to cooperate, for the purposes enumerated in the compact, and in the manner provided therein.
Acts 1985, No. 27, § 6; A.S.A. 1947, § 76-2110.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-203 - Authority of commission to collect tolls

(a)
The State Highway Commission is authorized to fix, revise, charge, and collect tolls for the use of each turnpike project and the different parts or sections thereof and to contract with any person, partnership, association, corporation, or organization desiring the use of any part thereof, including the right-of-way adjoining the paved portion, for the placing thereon telephone, telegraph, electric light or power lines, and other facilities or improvements, or for any other purpose, and to fix the terms, conditions, rents, and rates of charges for use.
(b)
The tolls authorized by this subchapter shall not be subject to supervision or regulation by any other commission, board, bureau, or agency of the State of Arkansas.
Acts 1995, No. 1232, § 1; 2003, No. 296, § 3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-204 - Revenue - Use of revenues

(a)
Revenues derived from any turnpike project that are used to secure revenue bonds shall be deposited into a bank or banks selected by the State Highway Commission.
(b)
The turnpike project revenues are declared to be cash funds, restricted in their use, and dedicated and to be used solely as authorized in this subchapter.
(c)
(1)
The revenues shall be used for the following purposes subject to the order and priority provided in the trust indenture or the authorizing resolution:
(A)
To pay the reasonable expenses of maintenance, repair, and operation of the turnpike project or projects involved;
(B)
To pay as due the debt service on all revenue bonds to which revenues of the turnpike project or projects are pledged, including the original issue or issues, bonds issued for reconstruction and extension, and refunding bonds, as authorized in this subchapter;
(C)
For the establishing or, once established, for maintaining any reserves as provided in the authorizing resolution or the trust indenture;
(D)
For the redemption of bonds prior to maturity, if provision is made for redemption, all as shall be specified in detail in the trust indenture, and all indentures supplemental thereto, securing the bonds;
(E)
To pay as due the debt service on turnpike projects other than the turnpike project from which derived; and
(F)
For other lawful commission purposes.
(2)
Any other revenue shall be transferred to the Treasurer of State, who shall transfer such revenue to the Arkansas Department of Transportation, there to be used for the maintenance, operation, and improvement required by the department in carrying out its functions, powers, and duties.
(d)
Turnpike project revenues shall not be subject to the provisions in §
27-70-206
.
Amended by Act 2017, No. 707,§ 433, eff. 8/1/2017.
Acts 1995, No. 1232, § 1; 2003, No. 296, § 4.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-205 - Issuance to finance turnpike projects

(a)
The State Highway Commission may issue turnpike revenue bonds from time to time in principal amounts sufficient to pay the costs of a turnpike project.
(b)
For a turnpike project:
(1)
There may be more than one (1) issue of bonds;
(2)
There may be one (1) issue sold and delivered in series; and
(3)
There may be a subsequent issue or subsequent issues of bonds for all or any of the following purposes:
(A)
Completion of the construction of a turnpike project;
(B)
Reconstruction work on a turnpike project when the amount involved is such that it cannot be handled as an item of maintenance and repair out of turnpike project revenues;
(C)
The extension of a turnpike project; or
(D)
The refund of any prior issues of bonds as provided under §
27-90-212
.
(c)
The issues under subdivision (b)(3) of this section are subject in each instance to such conditions concerning available and estimated turnpike project revenues and other conditions ensuring prompt payment of the debt service on subsequent bond issues as the commission shall determine and specify in its authorizing resolution or in the trust indenture securing the bonds.
(d)
In all instances, priority between and among issues and successive issues shall be controlled by the authorizing resolution or by the trust indenture securing the bonds.
(e)
Turnpike revenue bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to the provisions of this subchapter regarding registration.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-206 - Authorizing resolution - Terms

(a)
Turnpike revenue bonds shall be authorized by resolution of the State Highway Commission, the authorizing resolution.
(b)
The bonds may be registrable as to both principal and interest without coupons and may be made exchangeable for bonds of another denomination.
(c)
The bonds may:
(1)
Be in such form and denominations;
(2)
Have such date or dates;
(3)
Mature at such time or times;
(4)
Bear interest payable at such time or times and at such rate or rates, including variable rates;
(5)
Be payable at such place or places within or without the State of Arkansas;
(6)
Be subject to such terms of redemption in advance of maturity at such prices, including such premiums; and
(7)
Contain such terms and provisions all as the commission may determine.
(d)
The authorizing resolution may contain any other terms, covenants, and conditions that are deemed desirable by the commission, including, without limitation:
(1)
Those pertaining to the custody, investment, and application of bond proceeds;
(2)
The maintenance and investment of various funds and reserves;
(3)
The nature and extent of the security; and
(4)
The rights, duties, and obligations of the commission and of the holders and registered owners of the bonds.
(e)
Interest on the bonds may be payable currently or on a compound basis.
(f)
The commission may enter into any contracts which it determines to be necessary or appropriate to achieve desirable effective interest rates on bonds and the mitigation of investment and interest rate risk by means of, but not limited to, contracts commonly known as investment and interest rate contracts, funding agreements, interest rate swap agreements, or contracts providing for payments based on levels of or changes in interest rates, or contracts.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-207 - Trust indenture

(a)
The authorizing resolution may provide for the execution by the State Highway Commission with a bank or trust company within or without the State of Arkansas of a trust indenture.
(b)
The trust indenture may control the priority between and among successive issues and series and may contain any other terms, covenants, and conditions that are deemed desirable, including without limitation:
(1)
Terms pertaining to the custody, application, and investment of the proceeds of bonds;
(2)
The collection, disposition, and investment of turnpike project revenues;
(3)
The maintenance and investment of various funds and reserves;
(4)
The nature and extent of the security and the rights, duties, and obligations of the commission and the trustee for the holders or registered owners of the bonds; and
(5)
The rights of the holders or registered owners of the bonds.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-208 - Sale

(a)
Bonds issued under this subchapter may be sold at public or private sale, as determined by the State Highway Commission.
(b)
If sold at public sale, the bonds shall be sold on electronic or sealed bids, and notice of the sale shall be published one (1) time in a newspaper published in the City of Little Rock and having a general circulation throughout the State of Arkansas at least twenty (20) days prior to the date of sale.
(c)
(1)
In either case, the bonds may be sold at a price as the commission may accept, including sale at a premium or a discount.
(2)
In no event shall any bid or price be accepted which results in an interest cost exceeding that permitted by law.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-209 - Execution

(a)
Bonds shall be executed by the manual or facsimile signatures of the chair of the State Highway Commission and the secretary of the commission or otherwise as specified in the resolution authorizing the bonds.
(b)
In case any of the officers or the secretary whose signatures appear on the bonds or coupons shall cease to be officers or the secretary before the delivery date of the bonds, their signatures nevertheless shall be valid and sufficient for all purposes.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-210 - Liability on bonds

(a)
It shall be plainly stated on the face of each bond that it has been issued under this subchapter, and the bonds issued shall be obligations only of the State Highway Commission and shall be special obligations, secured solely by pledges of turnpike project revenues or specifically designated federal grants.
(b)
No member of the commission shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purposes and intent of this subchapter, unless that member shall have acted with a corrupt intent.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-211 - Security and payment

(a)
(1)
The principal of and interest on all bonds issued under this subchapter shall be secured by a pledge of, and shall be payable from turnpike project revenues.
(2)
The pledge of revenues to the payment of the principal of and interest on the bonds shall be valid and binding from the time the pledge is made.
(3)
The turnpike project revenues so pledged shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act.
(4)
The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the State Highway Commission, irrespective of whether such parties have notice thereof.
(5)
Neither the authorizing resolution nor any trust indenture by which a pledge is created need be filed or recorded in any office or other place except in the records of the commission.
(b)
(1)
Principal and interest shall not be secured by a statutory or foreclosable mortgage lien on a turnpike project, any of the facilities of or in connection with a turnpike project, or any other facilities owned or operated by the commission.
(2)
The term "facilities" includes all real and personal property owned or operated by the commission.
(c)
(1)
Each resolution authorizing the issuance of bonds and each trust indenture executed and delivered to secure the bonds in this subchapter shall constitute a contract by and between the commission and the holders and registered owners of the bonds issued under the resolution or trust indenture.
(2)
Any contract and all covenants, agreements, and obligations therein, including without limitation an obligation on the part of the commission to operate a turnpike project as a revenue-producing undertaking so long as any bonds are outstanding, to maintain the turnpike project, and to charge and collect turnpike project revenues in required amounts, all as specified in detail in the authorizing resolution, the trust indenture, and in this subchapter shall be promptly performed in accordance with the terms and provisions of the contract.
(3)
The contract and all rights of the trustee and holders and registered owners of the bonds and the obligations of the commission may be enforced by mandamus or any other appropriate proceeding at law or in equity.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-212 - Refunding bonds

(a)
Revenue bonds may be issued for the purpose of refunding any bonds issued under this subchapter.
(b)
Refunding bonds may be combined into a single issue with revenue bonds issued for the purpose of completing, reconstructing, or extending the turnpike project.
(c)
Refunding bonds may either be sold or delivered in exchange for the bonds being refunded.
(d)
If sold, the proceeds may be either applied to the payment of the bonds being refunded or deposited in trust and there maintained in cash or investments for the retirement thereof, as shall be specified in the authorizing resolution or trust indenture securing the refunding bonds.
(e)
The authorizing resolution and the trust indenture securing the refunding bonds may provide that the refunding bonds shall have the same priority of lien on turnpike project revenues pledged for their payment as was enjoyed by the bonds refunded thereby.
(f)
Refunding bonds shall be sold and secured in accordance with the provisions of this subchapter pertaining to the sale and security of revenue bonds.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-213 - Scope of revenue bonds as securities

(a)
Revenue bonds issued under this subchapter are made securities in which all insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them.
(b)
The bonds are made securities which may properly and legally be deposited with and received by any state, county, or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is now or may be authorized by law.
(c)
Any municipality or county, or any board, commission, or other authority established by any municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly may in its discretion invest any of its funds not immediately needed for its purposes in bonds issued under this subchapter.
(d)
Bonds issued under this subchapter shall be eligible to secure the deposit of public funds.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-214 - Tax exemption

(a)
The principal of and interest on bonds issued under this subchapter shall be exempt from all state, county, and municipal taxes, and this exemption shall include income, inheritance, and estate taxes.
(b)
All turnpike projects and all the properties thereof are legislatively determined and declared to be public properties used exclusively for public purposes. The legislative intent is that turnpike projects and all properties thereof shall be exempt from ad valorem taxes under and pursuant to the provisions of Arkansas Constitution, Article 16, § 5.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 6 - BRIDGES AND FERRIES (§§ 27-85-101 — 27-90-215) › Chapter 90 - TOLL HIGHWAYS (§§ 27-90-201 — 27-90-215) › Subchapter 2 - TURNPIKE PROJECTS AND TOLLS (§§ 27-90-201 — 27-90-215) › Section 27-90-215 - Construction - Scope of authority

(a)
(1)
This subchapter shall be construed liberally.
(2)
All acts and activities authorized by this subchapter are legislatively determined and declared to be essential governmental functions.
(b)
The State Highway Commission is empowered to take such action and do or cause to be done such things as shall be necessary or desirable to accomplish and implement the purposes and intent of this subchapter according to the import of this subchapter with the action taken by the commission or the things done or caused to be done by the commission pursuant to the provisions of this subchapter being determined and declared to be ministerial rather than legislative in nature.
(c)
Nothing contained in this subchapter shall be construed to restrict the commission or the State of Arkansas in the issuance or incurrence of debt under other applicable laws.
Acts 2003, No. 296, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-101 - Policy

It is declared to be the policy of this state to promote safety for persons and property in and connected with the use, operation, and equipment of vessels and to promote uniformity of laws relating thereto.
Acts 1959, No. 453, § 1; A.S.A. 1947, § 21-221.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-102 - Applicability - Effect on ordinances, regulations, etc

(a)
The provisions of this chapter and of other applicable laws of this state shall govern the operation, equipment, numbering, and all other matters relating to the operation, equipment, and numbering whenever any vessel shall be operated on the waters of this state or when any activity regulated by this subchapter shall take place on the waters of this state.
(b)
Nothing in this subchapter shall be construed to:
(1)
Prevent the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to or are not in conflict with the provisions of this subchapter, amendments thereto, or rules issued thereunder;
(2)
Grant the use or power to the Arkansas State Game and Fish Commission or to any person to authorize the use of any vessel on any waters of this state where the use of vessels shall be prohibited; or
(3)
Permit the use of vessels on any municipally or privately owned city water supply in violation of the applicable laws, rules, or regulations that may have been or may be established for the protection of the public health in preserving the water supply for human consumption.
Amended by Act 2019, No. 315,§ 3178, eff. 7/24/2019.
Acts 1959, No. 453, § 13; A.S.A. 1947, § 21-233; Acts 2003, No. 1774, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-104 - Penalties

(a)
Any person who violates any provision of §
27-101-202(8)
, §§
27-101-203
,
27-101-301
,
27-101-303
-
27-101-306
, and
27-101-308
-
27-101-312
shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed two hundred fifty dollars ($250) for each violation.
(b)
Any person who violates any provision of §
27-101-202(2)
-(6), (9), and (12), and §
27-101-204
shall be guilty of a misdemeanor and shall be subject to a fine of not less than one hundred dollars ($100) and not to exceed five hundred dollars ($500) for each violation.
(c)
Any person who violates any provision of §
27-101-202(1), (7), and (10)
-(12) shall be guilty of a misdemeanor and shall be subject to a fine of not less than two hundred fifty dollars ($250) and not to exceed one thousand dollars ($1,000) or imprisonment not to exceed six (6) months or both fine and imprisonment for each violation.
Acts 1959, No. 453, § 20; A.S.A. 1947, § 21-240; Acts 1995, No. 517, § 2.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-105 - Enforcement - Failure to obey officer

(a)
(1)
(A)
It shall be the duty of every sheriff, deputy sheriff, state police officer, and enforcement officer of the Arkansas State Game and Fish Commission to enforce the provisions of this chapter, except that it shall be the duty of the Department of Health separately to enforce the provisions of §
27-101-401
et seq.
(B)
Certified law enforcement officers of the Department of Parks, Heritage, and Tourism and municipal police officers may enforce the provisions of this chapter.
(2)
In the exercise of their duty to enforce the provisions of this chapter, they shall have the authority to stop and board any vessel subject to this chapter and to investigate any accident or violation involving vessels subject to this chapter.
(3)
Upon investigation, they may direct the operator of any vessel in violation of this chapter to return to the dock where the voyage originated or to the nearest dock if appropriate.
(b)
Failure to follow the directive of a law enforcement officer as set forth in subsection (a) of this section shall constitute a separate offense in addition to any violations with which the operator may be charged.
(c)
Any person who violates the provisions of this section shall be guilty of a misdemeanor and subject to a fine not to exceed two hundred fifty dollars ($250) or imprisonment not to exceed three (3) months, or both.
Amended by Act 2019, No. 910,§ 5732, eff. 7/1/2019.
Acts 1959, No. 453, § 19; 1963, No. 140, § 4; A.S.A. 1947, § 21-239; Acts 1987, No. 122, § 5; 1993, No. 458, § 1; 1995, No. 517, § 3; 1999, No. 146, § 1; 2003, No. 1774, § 3.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-106 - Jurisdiction

Jurisdiction to try offenses under this subchapter shall be in the courts of the county where the person owning or operating the boat resides or in the county where the offense is committed or in any county through or by which the boat is being run or operated on the waters of this state at the time of the violation of this chapter.
Acts 1959, No. 453, § 22; A.S.A. 1947, § 21-242; Acts 2003, No. 1774, § 4.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-107 - Establishment of rules and regulations

(a)
The Arkansas State Game and Fish Commission shall cooperate with agencies of the United States Government in establishing rules and regulations with reference to the operation of vessels on any waters of this state that are maintained or controlled by federal agencies. It is the intention of this subsection to encourage the establishment of adequate regulations on federally controlled waters for the promotion of safety in the operation of vessels.
(b)
Any law enforcement office of a subdivision of this state may make, at any time, but only after public notice, formal application to the commission for special rules and regulations with reference to the operation of vessels on any waters within its territorial limits, including, but not limited to, the establishment and marking of speed limits and no-wake zones and shall set forth therein the reasons which make the special rules or regulations necessary or appropriate.
(c)
(1)
The commission shall consider the application and approve the special rules and regulations or disapprove them and state in writing the commission's reasons for disapproving them within ninety (90) days of their submission or the rules and regulations shall be considered properly adopted by ordinance or local law.
(2)
However, nothing in this subchapter shall prevent the commission from making special rules and regulations with reference to the operation of vessels on any waters within the territorial limits of any subdivision of this state where the local law enforcement office has not established a water patrol.
Acts 1959, No. 453, §§ 13, 18; A.S.A. 1947, §§ 21-233, 21-238; Acts 1987, No. 122, § 4.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-108 - Filing and publication of rules

(a)
A copy of the rules adopted pursuant to this subchapter, §
27-101-201
et seq., §
27-101-301
et seq., §
27-101-501
et seq., §
27-101-601
et seq., and the Arkansas Motorboat Registration and Titling Act, §
27-101-1001
et seq., and of any amendments of those rules shall be filed in the offices of the Arkansas State Game and Fish Commission, the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research where each copy shall be preserved as a public record.
(b)
A copy of the rules adopted under §
27-101-401
et seq. and of any amendments of those rules shall be filed in the offices of the Department of Health, the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research where each copy shall be preserved as a public record.
(c)
Rules under this section shall be published by the responsible state agency in a convenient form for public use.
Amended by Act 2019, No. 315,§ 3179, eff. 7/24/2019.
Amended by Act 2019, No. 733,§ 8, eff. 7/24/2019.
Acts 1959, No. 453, § 16; 1963, No. 140, § 3; A.S.A. 1947, § 21-236; Acts 2003, No. 1774, § 5.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-109 - Remission of fines

(a)
All fines collected for violations of this chapter shall be remitted to the issuing law enforcement office to be used by that office for the administration and enforcement of this chapter.
(b)
However, fines collected for violations of §
27-101-401
et seq. shall be remitted to the Department of Health for administration and enforcement of §
27-101-401
et seq.
Acts 1959, No. 453, § 21; 1963, No. 140, § 5; A.S.A. 1947, § 21-241; Acts 1987, No. 122, § 6; 2003, No. 1774, § 6.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-110 - Deposit of funds in State Treasury

(a)
Except as otherwise provided in this chapter, all fees collected by the Secretary of the Department of Finance and Administration under this chapter shall be deposited as special revenues into the State Treasury to the credit of the Special Revenue Fund Account of the State Apportionment Fund.
(b)
The fees collected under subsection (a) of this section shall be credited to the Boating Safety Account Fund, which is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.
Amended by Act 2019, No. 733,§ 9, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4818, eff. 7/1/2019.
Acts 1987, No. 122, § 2; 2003, No. 1774, § 7.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-111 - Distribution of funds

(a)
On or before the fifth of the month next following the month during which the funds shall have been received by him or her, the Treasurer of State shall distribute the funds in the manner provided in this section:
(1)
Three percent (3%) of the amount to the Constitutional Officers Fund and the State Central Services Fund to be used for defraying the necessary expenses of the state government; and
(2)
Ninety-seven percent (97%) of the amount as follows:
(A)
Eight percent (8%) to the Constitutional Officers Fund and the State Central Services Fund;
(B)
Thirty-four percent (34%) to the Game Protection Fund for use by the Arkansas State Game and Fish Commission as provided by law;
(C)
Thirty-four percent (34%) to the County Aid Fund, which, on or before the tenth of the month following the end of each calendar quarter, shall be remitted by state warrants to the various county treasurers in the proportions thereof as between the respective counties that the total of the fees produced from each county bears to the total of the fees produced from all counties as certified by the Secretary of the Department of Finance and Administration to the Treasurer of State; and
(D)
Twenty-four percent (24%) to the Marine Sanitation Fund for use by the Department of Health to administer a marine sanitation program.
(b)
Upon receipt of any fees, each county treasurer shall deposit them into the county treasury to the credit of the boating safety and enforcement fund, if the county sheriff of that county has established a patrol on the waterways within the county.
(c)
(1)
In the event the county sheriff has not established a patrol on the waterways within the county and if either the county or any city or town within a county, or both, has established an emergency rescue service, each county treasurer shall deposit his or her county's share of the total fees collected into the county emergency rescue fund for use exclusively by either the county or the cities within the county, or both, for operating and maintaining emergency rescue services within the county and cities within the county. After the county treasurer receives the funds, he or she shall divide the funds in the county emergency rescue fund equally among the county and the cities within the county, if any, having emergency rescue services.
(2)
Otherwise, the fees shall be deposited into the Game Protection Fund for use by the Arkansas State Game and Fish Commission.
Amended by Act 2019, No. 910,§ 4819, eff. 7/1/2019.
Acts 1987, No. 122, § 2; 2003, No. 1774, § 8.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-112 - Refund of application fees

An application fee collected by the Office of Motor Vehicle under this chapter shall be:
(1)
Refunded to the applicant if the application is refused or rejected; or
(2)
(A)
Refunded to the applicant if the fee was not required to be paid under this chapter.
(B)
A refund shall not be issued under subdivision (2)(A) of this section if the applicant fails to submit an application for refund within six (6) months from the date the applicant paid the application fee.
Added by Act 2019, No. 733,§ 10, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 1 - GENERAL PROVISIONS (§§ 27-101-101 — 27-101-113) › Section 27-101-113 - Payment by credit card

(a)
The Secretary of the Department of Finance and Administration may:
(1)
Allow payment by credit card of any fees due under this chapter;
(2)
Promulgate rules providing for payment by credit card of any fees authorized under this chapter; and
(3)
Contract with credit card companies to pay fees normally charged by those companies for allowing the use of their credit cards as authorized by this section.
(b)
(1)
The net proceeds received, or receivable, from credit card companies shall be prorated to the various funds for which they were collected and deposited into the State Treasury for transfer on the last business day of each month, in the same manner and to be used for the same purposes as all other fees collected upon the issuance or renewal of a motorboat registration with certificate of number and the issuance of a motorboat certificate of title.
(2)
Any amounts deducted from the gross proceeds of motorboat registration with a certificate of number or titling fees paid by credit card, which are deducted for the purpose of paying credit card company fees, shall be cash funds not subject to appropriation and, if withheld by the secretary, shall be remitted by the secretary to credit card companies as required under contracts authorized by this section.
Added by Act 2019, No. 733,§ 10, eff. 7/24/2019.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 2 - OPERATION (§§ 27-101-201 — 27-101-207) › Section 27-101-201 - Liability of owner, renter, operator, or lessee of vessel for injury or damage - Exception

(a)
The owner, renter, operator, or lessee of a vessel is liable for any injury or damage caused by the negligent operation of the vessel, whether negligence consists of violating the statutes of this state or neglecting to observe such ordinary care and operation as the rules of the common law require.
(b)
(1)
The owner is not liable, however, unless the vessel is being used with his or her express or implied consent.
(2)
(A)
The owner is not strictly liable to a renter, operator, or lessee for any injury or damage occasioned by the negligent operation of the vessel by the renter, operator, or lessee.
(B)
The liability of the owner for injury or damage suffered by a renter, operator, or lessee shall be determined by comparing the fault of the owner and the fault of the renter, operator, or lessee in accordance with §§
16-55-216
and
16-64-122
.
(c)
It shall be presumed that the vessel is being operated with the knowledge and consent of the owner if at the time of the injury or damage it is under the control of his or her spouse, father, mother, brother, sister, son, daughter, or other immediate member of the owner's family.
(d)
This section does not:
(1)
Relieve any other person from any liability that he or she would otherwise have; or
(2)
Authorize or permit any recovery in excess of injury or damage actually incurred.
(e)
This section does not apply to an outfitter as defined in §
27-101-902
.
Amended by Act 2013, No. 221,§ 1, eff. 8/16/2013.
Acts 1959, No. 453, § 14; A.S.A. 1947, § 21-234; Acts 2005, No. 1156, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 2 - OPERATION (§§ 27-101-201 — 27-101-207) › Section 27-101-204 - Duties of boat livery owner

(a)
The owner of a boat livery shall cause to be kept a record of:
(1)
The name and address of the person or persons hiring any vessel;
(2)
The registration number of the vessel if the vessel is designed or permitted to be operated as a motorboat;
(3)
The departure date and time;
(4)
The expected time of return; and
(5)
The number of persons to be on board the vessel.
(b)
The record shall be preserved for at least six (6) months.
(c)
Neither the owner of a boat livery nor his or her agent or employee shall permit a vessel owned or permitted by him or her to depart from his or her premises unless the boat livery has provided the vessel with the equipment required under §
27-101-203(a)
and any rules made under that section.
Acts 1959, No. 453, § 7; A.S.A. 1947, § 21-227; Acts 1995, No. 517, § 11; 2009, No. 647, § 1.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 2 - OPERATION (§§ 27-101-201 — 27-101-207) › Section 27-101-206 - Law enforcement vessels exempt from section 27-101-202

Law enforcement vessels while being used in the enforcement of this chapter shall be exempt from the provisions of §
27-101-202
; however, this exemption does not relieve the operator of the responsibility to operate his or her vessel in a reasonable and prudent manner that does not endanger life, limb, or property.
Acts 1995, No. 517, § 8.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 3 - MOTORBOAT REGISTRATION AND NUMBERING (§§ 27-101-301 — 27-101-314) › Section 27-101-301 - Identifying number required

Every motorboat on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat on the waters of this state unless:
(1)
The motorboat is numbered:
(A)
In accordance with this subchapter;
(B)
In accordance with applicable federal law; or
(C)
In accordance with a federally approved numbering system of another state;
(2)
The certificate of number awarded to the motorboat is in full force and effect; and
(3)
The identifying number set forth in the certificate of number is displayed on each side of the bow of the motorboat.
Acts 1959, No. 453, § 3; A.S.A. 1947, § 21-223.
Arkansas Code of 1987 (2023) › Title 27 - TRANSPORTATION (§§ 27-1-101 — 27-117-105) › Subtitle 7 - WATERCOURSES AND NAVIGATION (§§ 27-101-101 — 27-102-110) › Chapter 101 - WATERCRAFT (§§ 27-101-101 — 27-101-1030) › Subchapter 3 - MOTORBOAT REGISTRATION AND NUMBERING (§§ 27-101-301 — 27-101-314) › Section 27-101-302 - Exceptions - Dealer's permit

A motorboat shall not be required to be numbered under this subchapter if it is:
(1)
Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state, provided that the boat has not been within this state for more than ninety (90) consecutive days;
(2)
A motorboat from a country other than the United States temporarily using the waters of this state;
(3)
A motorboat whose owner is the United States, a state, or a subdivision of a state;
(4)
A ship's lifeboat;
(5)
(A)
A motorboat used for demonstration purposes or testing purposes only by a recognized motorboat dealer or manufacturer or agent to promote the sale or development of the motorboat.
(B)
All motorboat dealers or manufacturers wishing to obtain the benefits of this subdivision (5) shall obtain a permit from the Revenue Division of the Department of Finance and Administration to operate as a motorboat dealer or manufacturer and for each annual license period shall pay a fee of two dollars ($2.00) for the permit.
(C)
The division may issue, subject to the rules of the Arkansas State Game and Fish Commission, to a motorboat dealer or manufacturer an identifying certificate of number and require the attachment or display of the number on both sides of the bow of any motorboat used for demonstration or testing purposes while the motorboat is being operated for demonstration or testing purposes on the waters of this state;
(6)
A newly purchased motorboat that is operated for a period not to exceed twenty (20) working days from the date of purchase, provided that the owner or operator of the motorboat has aboard the vessel the bill of sale or acceptable proof of purchase indicating the date of purchase, the name and address of the owner, and description and hull identification number of the vessel; or
(7)
A boat that is powered solely by sails.
Amended by Act 2021, No. 1057,§ 1, eff. 7/28/2021.
Amended by Act 2013, No. 220,§ 1, eff. 8/16/2013.
Acts 1959, No. 453, § 6; 1963, No. 140, § 2; A.S.A. 1947, § 21-226; Acts 1995, No. 517, § 13; 2011, No. 900, § 1.