reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3405 - Application

(a)
An entity shall not be recognized as a regional economic development partnership under this subchapter unless the board of directors of the entity submits an application and is approved under this section.
(b)
An entity applying for approval as a regional economic development partnership shall submit an application to the Arkansas Economic Development Commission that includes the following information:
(1)
At least a three-year strategic plan that is consistent with the Governor's Strategic Plan for Economic Development and includes the following:
(A)
The proposed activities of the regional economic development partnership; and
(B)
(i)
A budget for the next calendar year.
(ii)
The budget should clearly identify the proposed expenditures for which the grant funds are requested;
(2)
Proof of organization;
(3)
A copy of the entity's:
(A)
Governing documents approved by the entity's governing board;
(B)
Bylaws; or
(C)
Articles of incorporation;
(4)
A map of the economic development region and the population served by the regional economic development partnership based on the latest decennial census;
(5)
The identity of each public organization and private organization within the economic development region that is active in economic development and a description of the role each organization will undertake in the regional economic development partnership;
(6)
A list of the current members of the board of directors and the entity each member represents; and
(7)
(A)
(i)
Evidence of:
(a)
The staff dedicated to the regional economic development partnership; or
(b)
The staff dedicated to program management of the regional economic development partnership.
(ii)
The staff identified under subdivision (b)(7)(A)(i) of this section may be employed by an entity other than the regional economic development partnership.
(B)
The primary responsibility of the staff members described in subdivision (b)(7)(A) of this section is to:
(i)
Market and promote the economic development region to site selectors and business prospects; and
(ii)
Accomplish the goals and objectives of the strategic plan required under subdivision (b)(1) of this section.
(c)
The commission shall review each application submitted under this section and shall certify that:
(1)
The applicant satisfies the requirements of §
15-4-3404
; and
(2)
The application submitted under this section includes the information required under subsection (b) of this section.
(d)
The commission shall notify unsuccessful applicants in writing of the deficiencies of the applicant.
Amended by Act 2013, No. 1112,§ 5, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3406 - Termination

(a)
A board of directors of a regional economic development partnership may terminate the regional economic development partnership upon a majority vote of the board of directors.
(b)
Notice of the intent to terminate a regional economic development partnership shall be sent to the Arkansas Economic Development Commission at least thirty (30) days before a board of directors votes on the termination of a regional economic development partnership.
(c)
Upon the termination of a regional economic development partnership, the board of directors of the regional economic development partnership shall remit any unspent state funds to the commission within sixty (60) days of the notice to terminate the regional economic development partnership.
Amended by Act 2013, No. 1112,§ 6, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3407 - State funding

(a)
(1)
Each regional economic development partnership shall enter into an agreement with the Arkansas Economic Development Commission to receive state funds, if available.
(2)
The agreement under subdivision (a)(1) of this section shall:
(A)
Be for a term of not longer than one (1) year; and
(B)
Identify the eligible expenses for which the regional economic development partnership intends to use state funds under §
15-4-3409
.
(3)
(A)
The commission and the regional economic development partnership may enter into subsequent one-year agreements under this section following the commission's review of the annual report required under §
15-4-3411
.
(B)
If a regional economic development partnership was initially approved as a multiyear project, a one-year renewal may be granted by the commission without the regional economic development partnership submitting an annual application.
(b)
(1)
Each year, the commission shall allocate funds specifically appropriated by the General Assembly or the commission for regional economic development.
(2)
(A)
The funds shall be distributed equally to the qualifying regional economic development partnerships that meet the matching fund requirements under §
15-4-3408
.
(B)
Funds that are not disbursed under this section during a fiscal year may be distributed in a subsequent fiscal year.
Amended by Act 2013, No. 1112,§ 7, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3408 - Matching funds

(a)
A regional economic development partnership shall match the state funds allocated to the regional economic development partnership on the basis of at least one dollar ($1.00) of local matching funds for every one dollar ($1.00) of state funds.
(b)
If a regional economic development partnership does not provide proof of sufficient matching funds before the release of state funds, the Arkansas Economic Development Commission shall reduce the award of state funds in the amount necessary to adhere to the required one-to-one ratio of local matching dollars to state dollars.
(c)
Local matching funds may be:
(1)
Provided by public sources, private sources, or a combination of public sources and private sources; and
(2)
(A)
Received in the form of cash, in-kind contributions, or a combination of cash and in-kind contributions.
(B)
In-kind contributions shall not be more than forty percent (40%) of the regional economic development partnership's total matching funds.
Amended by Act 2013, No. 1112,§ 8, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3409 - Eligible uses of state funds

State funds under this subchapter shall be used only for marketing, advertising, promoting, and other activities related to implementing the Governor's Strategic Plan for Economic Development required under §
15-4-3405
.
Amended by Act 2013, No. 1112,§ 9, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3410 - Ineligible uses of state funds

(a)
State funds under this subchapter shall not be used for administrative costs.
(b)
Ineligible uses of state funds include without limitation payment for the following expenses:
(1)
Administrative salaries, benefits, general administrative costs, and salaries and benefits related to economic development;
(2)
Overhead expenses, including without limitation postage, shipping, rent, subscriptions, equipment, furniture, fixtures, telephone, and utilities;
(3)
Travel and conference expenses within the state;
(4)
Local promotions or sponsorships;
(5)
Stationery, paper, pens, and general office supplies;
(6)
Construction and infrastructure costs;
(7)
Membership dues;
(8)
Alcoholic beverages; and
(9)
Gratuity on meals, including meals related to activities described in §
15-4-3409
.
Amended by Act 2013, No. 1112,§ 10, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3411 - Annual reports

(a)
A regional economic development partnership that receives state funding under this subchapter shall submit an annual report to the Arkansas Economic Development Commission.
(b)
The annual report required under subsection (a) of this section shall include the following:
(1)
A description of the economic development activities and organizational activities of the regional economic development partnership in the preceding twelve (12) months;
(2)
A detailed financial report;
(3)
A detailed budget for the next twelve (12) months; and
(4)
A description of the prioritized activities of the regional economic development partnership for the next twelve (12) months for which state funding under this subchapter is being requested.
Amended by Act 2013, No. 1112,§ 11, eff. 8/16/2013.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 34 - REGIONAL ECONOMIC DEVELOPMENT PARTNERSHIP ACT (§§ 15-4-3401 — 15-4-3412) › Section 15-4-3412 - Administration - Rules

The Arkansas Economic Development Commission shall administer this subchapter and may adopt any rules necessary to implement this subchapter.
Acts 2011, No. 895, § 1.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3601 - Title

This subchapter shall be known and may be cited as the "New Markets Jobs Act of 2013".
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3603 - New market tax credit

(a)
A corporation, limited liability company, association, partnership, or other business entity that makes a qualified equity investment earns a vested right to a tax credit against state premium tax liability.
(b)
The tax credit established under subsection (a) of this section may be utilized as follows:
(1)
On each credit allowance date of the qualified equity investment, the corporation, limited liability company, association, partnership, or other business entity or the subsequent holder of the qualified equity investment may utilize a portion of the tax credit during the taxable year that includes the credit allowance date;
(2)
The tax credit amount shall be equal to the applicable percentage for the credit allowance date multiplied by the purchase price paid to the issuer of the qualified equity investment;
(3)
The amount of the tax credit claimed by a corporation, limited liability company, association, partnership, or other business entity shall not exceed the state premium tax liability owed by the taxpayer that files the premium tax report for the tax year for which the tax credit is claimed; and
(4)
The tax credit is payable only from the general revenues derived from the nonallocated portion of the state premium tax liability funds as described in §
26-57-611
.
(c)
Any unused portion of a tax credit established under this section may be carried forward for nine (9) consecutive tax years.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3604 - Transferability

(a)
A tax credit claimed under this subchapter shall not be refundable or saleable on the open market.
(b)
(1)
A tax credit earned by a corporation, limited liability company, association, partnership, or other business entity may be allocated to the partners, members, or shareholders of the corporation, limited liability company, association, partnership, or other business entity for their direct use in accordance with any agreement among the partners, members, or shareholders.
(2)
An allocation under subdivision (b)(1) of this section:
(A)
May occur after the issuance of a qualified equity investment; and
(B)
Is not a sale for purposes of this subchapter.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3606 - Letter rulings

(a)
Subject to the requirements and limitations of this section, the Arkansas Economic Development Commission shall issue letter rulings regarding the tax credit program authorized under this subchapter.
(b)
(1)
The commission shall respond to a request for a letter ruling within sixty (60) days of receiving the request.
(2)
(A)
However, the commission may deny a request for a letter ruling for good cause.
(B)
If the commission denies a request for a letter ruling for good cause, it shall list the specific reasons for refusing to issue the letter ruling.
(C)
Good cause for denying a request for a letter ruling under this subsection includes without limitation the following:
(i)
The applicant requests the commission to determine whether a statute is constitutional or a rule is lawful;
(ii)
The request involves a hypothetical situation or alternative plans;
(iii)
The facts or issues presented in the request are unclear, overbroad, insufficient, or otherwise inappropriate as a basis upon which to issue a letter ruling; and
(iv)
The issue is currently being considered in a rulemaking procedure, contested case, or other agency or judicial proceeding that may resolve the issue.
(3)
In rendering letter rulings under this subchapter, the commission shall look for guidance to
26 U.S.C. § 45D
and
26 C.F.R. § 1.45D-1
, as they existed on January 1, 2013, and to the extent they are applicable.
(c)
An applicant may:
(1)
Provide a draft letter ruling for the commission's consideration; and
(2)
Withdraw a request for a letter ruling, in writing, before the issuance of the letter ruling.
(d)
Letter rulings bind all state agencies, including the commission and the commission's agents and successors until the qualified community development entity or its shareholders, members, or partners claim all of the applicable tax credits under this subchapter on a Arkansas tax return or report.
(e)
(1)
A letter ruling issued under this section applies only to the applicant that requested the letter ruling.
(2)
However, a taxpayer identified in a letter ruling may rely on the letter ruling to the extent the letter ruling applies to the taxpayer.
Amended by Act 2019, No. 315,§ 1076, eff. 7/24/2019.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3608 - Cure period - Notice of noncompliance

(a)
Enforcement of each of the recapture provisions under §
15-4-3607
is subject to a six-month cure period.
(b)
Recapture shall not occur until the Arkansas Economic Development Commission has given the qualified community development entity written notice of its noncompliance and has afforded the qualified community development entity six (6) months from the date of the notice to cure the noncompliance.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3609 - Refundable performance fee

(a)
A qualified community development entity that seeks to have an equity investment or long-term debt security designated as a qualified equity investment eligible for a tax credit under this subchapter shall pay a fee in the amount one-half of one percent (0.5%) of the amount of the equity investment or long-term debt security requested to be designated as a qualified equity investment to the Arkansas Economic Development Commission for deposit into the New Markets Performance Guarantee Fund, §
19-5-1254
.
(b)
The qualified community development entity shall forfeit the fee required under this section if:
(1)
The qualified community development entity and its subsidiary qualified community development entities fail to:
(A)
Issue the total amount of qualified equity investments certified by the commission; and
(B)
Receive cash in the total amount certified under and within the time period stated in §
15-4-3605
; or
(2)
(A)
The qualified community development entity or any subsidiary qualified community development entity that issues a qualified equity investment certified under this subchapter fails to meet the investment requirement under §
15-4-3607(3)
by the second credit allowance date of the qualified equity investment.
(B)
Forfeiture of the fee under subdivision (b)(2)(A) of this section shall be subject to the six-month cure period established under §
15-4-3608
.
(c)
(1)
The fee required under subsection (a) of this section shall be held in the fund until compliance with the requirements of this section is established.
(2)
(A)
A qualified community development entity may request a refund of the fee from the commission no sooner than thirty (30) days after having met all the requirements of this section.
(B)
The Treasurer of State shall comply with a request under subdivision (c)(2)(A) of this section or give notice of noncompliance within thirty (30) days of receiving the request.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3610 - Retaliatory tax

(a)
An entity claiming a tax credit under this subchapter is not required to pay any additional retaliatory tax levied under §
23-63-102
as a result of claiming the tax credit.
(b)
In addition to the exclusion in subsection (a) of this section, it is the intent of this subchapter that an entity claiming a tax credit under this subchapter is not required to pay any additional tax that may arise as a result of claiming the tax credit.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3611 - Decertification

(a)
(1)
If a qualified equity investment is certified under §
15-4-3605
, the qualified equity investment shall not be decertified unless the requirements of subsection (b) of this section are met.
(2)
Until all qualified equity investments issued by a qualified community development entity are decertified under this section, the qualified community development entity shall not distribute to its equity holders or make cash payments on long-term debt securities that have been designated as qualified equity investments in an amount that exceeds the sum of:
(A)
The cumulative operating income, as determined under
26 C.F.R. § 1.45D-1
, as it existed on January 1, 2013, earned by the qualified community development entity since issuance of the qualified equity investment, before giving effect to any expense from interest on long-term debt securities designated as qualified equity investments; and
(B)
Fifty percent (50%) of the purchase price of the qualified equity investments issued by the qualified community development entity.
(b)
To be decertified, a qualified equity investment shall:
(1)
Be beyond its seventh credit allowance date;
(2)
(A)
Have been in compliance with §
15-4-3607
up through its seventh credit allowance date, including any cures under §
15-4-3608
.
(B)
The requirement under subdivision (b)(2)(A) of this section is satisfied if no recapture action has been commenced by the Arkansas Economic Development Commission as of the seventh credit allowance date; and
(3)
Have invested its proceeds in qualified active low-income community investments such that the total qualified active low-income community investments made, cumulatively including reinvestments, exceeds one hundred fifty percent (150%) of all qualified equity investments issued by the issuer.
(c)
(1)
A qualified community development entity that seeks to have a qualified equity investment decertified under this section shall send notice to the commission of its request for decertification along with evidence supporting the request.
(2)
(A)
A request under subdivision (c)(1) of this section shall not be unreasonably denied and shall be responded to within thirty (30) days of receiving the request.
(B)
If the request is denied for any reason, the burden of proof shall be on the commission in any administrative or legal proceeding that follows to establish that the request was not unreasonably denied.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3612 - Reports

(a)
(1)
A qualified community development entity that issues a qualified equity investment under this subchapter shall submit a report to the Arkansas Economic Development Commission within five (5) business days after the first anniversary of the initial credit allowance date.
(2)
The report required under subdivision (a)(1) of this section shall provide evidence:
(A)
That at least eighty-five percent (85%) of the cash purchase price for each qualified equity investment was used to make qualified low-income community investments in qualified active low-income community businesses located in Arkansas;
(B)
Of each qualified low-income community investment by providing a bank statement for the qualified community development entity that includes the qualified low-income community investment; and
(C)
That each business was a qualified low-income community business at the time the qualified low-income community investment was made and shall state the name, location, and industry code of each qualified low-income community business receiving a qualified low-income community investment.
(b)
(1)
After submitting the report required under subsection (a) of this section, a qualified community development entity shall submit an annual report to the commission within five (5) business days after each anniversary of the credit allowance date.
(2)
The report required under subdivision (b)(1) of this section shall:
(A)
Be submitted to the commission in electronic form and as a hard copy; and
(B)
Include without limitation the following:
(i)
The number of employment positions created and retained as the result of each qualified low-income community investment;
(ii)
The average annual salary of the positions described in subdivision (b)(2)(B)(i) of this section;
(iii)
Any other information required by the commission; and
(iv)
Any other information submitted by the qualified community development entity to demonstrate the effectiveness of the qualified low-income community investment.
(c)
A qualified community development entity shall not include in a report required under this section a qualified low-income community investment that has been redeemed or repaid.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3613 - Revenue impact assessment

(a)
(1)
Before making a qualified low-income community investment, a qualified community development entity shall submit to the Arkansas Economic Development Commission for review a revenue impact assessment prepared by a nationally recognized third-party independent economic forecasting firm utilizing the Regional Economics Model, Inc., or MIG, Inc., model that demonstrates that the qualified low-income community investment will have a revenue positive impact on the state over ten (10) years against the aggregate tax credit utilization over the same ten-year period.
(2)
The aggregate tax credit utilization under subdivision (a)(1) of this section is equal to the amount of the qualified low-income community investment multiplied by fifty-eight percent (58%).
(b)
(1)
The commission shall complete its review and notify the qualified community development entity within ten (10) business days from the receipt of a revenue impact assessment.
(2)
A proposed qualified low-income community investment shall be deemed revenue positive if the commission does not notify a qualified community development entity of its review with ten (10) business days of receipt of a revenue impact assessment.
(c)
If the commission determines that the revenue impact assessment does not reflect a revenue positive qualified low-income community investment, the commission may waive the requirement under this section if the commission determines that the proposed qualified low-income community investment will further economic development.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 36 - NEW MARKETS JOBS ACT OF 2013 (§§ 15-4-3601 — 15-4-3614) › Section 15-4-3614 - Rules

The Arkansas Economic Development Commission shall promulgate rules to implement this subchapter.
Added by Act 2013, No. 1474,§ 1, eff. 4/22/2013.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3701 - Title

This subchapter shall be known and may be cited as the "Arkansas Workforce Innovation and Opportunity Act".
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3702 - Purpose

The purpose of this subchapter is to outline a workforce development plan for Arkansas and to comply with the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128, by increasing access for Arkansans, particularly those individuals with barriers to employment, to opportunities for employment, education, training, and the support services they need to succeed in the labor market through alignment of workforce development, education, and economic development systems in support of a comprehensive, accessible, and high-quality workforce development system in the state to better address the employment and skill needs of workers, jobseekers, and employers, and, as a result, ensure family-sustaining wages for individuals and economic growth for communities, regions, and the global competitiveness of the state.
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3705 - Arkansas Workforce Development Board committees

(a)
(1)
To comply with the requirements and responsibilities assigned under this subchapter, the Arkansas Workforce Development Board shall select from its membership an executive committee to be composed of at least nine (9) members but no more than eleven (11) members.
(2)
The Chair of the Arkansas Workforce Development Board and the Vice Chair of the Arkansas Workforce Development Board shall serve as chair and vice chair of the executive committee, respectively.
(3)
The membership of the executive committee shall include:
(A)
At least five (5) members representing businesses;
(B)
At least one (1) chief elected official; and
(C)
At least two (2) representatives from among members appointed under §
15-4-3704(b)(2)(B)
.
(b)
(1)
The board shall have a standing committee to provide oversight of the Temporary Assistance for Needy Families Program and ensure that all program participants are receiving the assistance, the information, and the services needed to help these low-income parents prepare for and connect with employment that will lead to a self-sufficient wage.
(2)
The membership of the standing committee shall include:
(A)
At least five (5) members representing businesses;
(B)
At least one (1) chief elected official;
(C)
At least one (1) member from among those members appointed under §
15-4-3704(b)(2)(B)
;
(D)
The Director of the Division of Workforce Services; and
(E)
The Director of the Division of County Operations, as a standing committee voting member who is also not a member of the board.
(c)
The board may form other committees as needed.
(d)
Membership on any committee shall not extend beyond the member's term of service on the board.
Amended by Act 2019, No. 910,§ 432, eff. 7/1/2019.
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3708 - Designation of local workforce development areas

(a)
No later than July 1, 2015, the Governor shall designate local workforce development areas within the state:
(1)
Through consultation with the Arkansas Workforce Development Board; and
(2)
After consultation with chief elected officials and local workforce development boards and after consideration of comments received through the public comment process.
(b)
In making the designation of local workforce development areas, the Governor shall take into consideration that local workforce development areas:
(1)
Are consistent with labor market areas in the state;
(2)
Are consistent with regional economic development areas in the state; and
(3)
Have available the federal and nonfederal resources necessary to effectively administer activities under Subtitle B of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128,
29 U.S.C. §§ 3151-3153
,
3161-3164
,
3171-3174
, and
3181
, including whether the local workforce development areas have the appropriate education and training providers, such as institutions of higher education and area career and technical education schools.
(c)
During the first two (2) full program years, the Governor shall approve a request for initial designation as a local workforce development area from any area that was designated as a local workforce development area for purposes of the Workforce Investment Act of 1998,
20 U.S.C. § 9201
et seq., for the two-year period preceding July 1, 2015, performed successfully, and sustained fiscal integrity.
(d)
After the period for which a local workforce development area is initially designated under this section, the Governor shall approve a request for subsequent designation as a local workforce development area from the local workforce development area, if the local workforce development area:
(1)
Performed successfully;
(2)
Sustained fiscal integrity; and
(3)
In the case of a local workforce development area in a planning region described in §
15-4-3714
, met the requirements of §
15-4-3714
.
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3710 - Local workforce development certification

(a)
One (1) time every two (2) years, the Governor shall certify one (1) local workforce development board for each local workforce development area in the state.
(b)
The certification under this section shall be based on criteria established under §
15-4-3709
, and for a second or subsequent certification, the extent to which the local workforce development board has ensured that workforce investment activities carried out in the local workforce development area have enabled the local workforce development area to meet the corresponding performance accountability measures and achieve sustained fiscal integrity.
(c)
Failure of a local workforce development board to achieve certification shall result in the appointment and certification of a new local workforce development board.
(d)
After providing notice and an opportunity for comment, the Governor may decertify a local workforce development board at any time for:
(1)
Fraud or abuse;
(2)
Failure to carry out the functions specified for the local workforce development board; or
(3)
Failure to meet the local performance accountability measures under this subchapter for two (2) consecutive program years.
(e)
If the Governor decertifies a local workforce development board, the Governor may require that a new local workforce development board be appointed and certified for the local workforce development area pursuant to a reorganization plan developed by the Governor in consultation with the chief elected official in the local workforce development area.
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3712 - Local workforce development board committees

(a)
(1)
The local workforce development board shall designate and direct the activities of standing committees to provide information and to assist the local workforce development board in carrying out activities under this subchapter.
(2)
A standing committee shall be:
(A)
Chaired by a member of the local workforce development board;
(B)
May include other members of the local workforce development board; and
(C)
Shall include other individuals appointed by the local workforce development board who are not members of the local workforce development board and who the local workforce development board determines have appropriate experience and expertise.
(b)
At a minimum, the local workforce development board shall designate each of the following:
(1)
(A)
A standing committee to provide information and assist with operational and other issues relating to the one-stop delivery system.
(B)
A standing committee designated under subdivision (b)(1)(A) of this section may include as members representatives of the one-stop partners;
(2)
(A)
A standing committee to provide information and to assist with planning, operational, and other issues relating to the provision of services to youth.
(B)
A standing committee designated under subdivision (b)(2)(A) of this section shall include community-based organizations with a demonstrated record of success in serving eligible youth; and
(3)
A standing committee to provide information and to assist with operational and other issues relating to the provision of services to individuals with disabilities, including without limitation issues relating to compliance with § 188 of the Workforce Innovation and Opportunity Act, Pub. L. No. 113-128,
29 U.S.C. § 3248
, if applicable, and applicable provisions of the Americans with Disabilities Act of 1990,
42 U.S.C. § 12101
et seq., regarding providing programmatic and physical access to the services, programs, and activities of the one-stop delivery system, as well as appropriate training for staff on finding employment opportunities for individuals with disabilities, including providing the appropriate supports and accommodations to employment for individuals with disabilities.
(c)
A local workforce development board may designate standing committees in addition to the standing committees specified in subsection (b) of this section.
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 37 - ARKANSAS WORKFORCE INNOVATION AND OPPORTUNITY ACT (§§ 15-4-3701 — 15-4-3714) › Section 15-4-3714 - Regional planning

(a)
No later than June 30, 2016, the Arkansas Workforce Development Board shall identify regions in the state after consultation with the local workforce development boards and chief elected officials in the local workforce development areas.
(b)
The Arkansas Workforce Development Board shall identify:
(1)
Which regions comprise one (1) local workforce development area that is aligned with the region;
(2)
Which regions comprise two (2) or more local workforce development areas that are collectively aligned with the planning regions; and
(3)
Which of the regions described in subdivisions (b)(1) and (2) of this section are interstate areas contained within two (2) or more states, and consist of labor market areas, economic development areas, or other appropriate contiguous subareas of those states.
Added by Act 2015, No. 907,§ 3, eff. 7/1/2015.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 38 - LOCAL FOOD, FARMS, AND JOBS ACT (§§ 15-4-3801 — 15-4-3808) › Section 15-4-3801 - Title

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.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 38 - LOCAL FOOD, FARMS, AND JOBS ACT (§§ 15-4-3801 — 15-4-3808) › Section 15-4-3802 - Legislative intent

The General Assembly intends for this subchapter to:
(1)
Create, strengthen, and expand local farm and food economies throughout the state;
(2)
Support and encourage the procurement of local farm or food products as a significant portion of all food products purchased by the state; and
(3)
Secure data on the procurement of local farm or food products prepared and consumed within agencies.
Amended by Act 2019, No. 796,§ 1, eff. 7/24/2019.
Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 38 - LOCAL FOOD, FARMS, AND JOBS ACT (§§ 15-4-3801 — 15-4-3808) › Section 15-4-3803 - Definitions

As used in this subchapter:
(1)
(A)
"Agency" means an entity that receives at least twenty-five thousand dollars ($25,000) a year from the state and offers a food service program.
(B)
"Agency" includes without limitation:
(i)
An institution of higher education;
(ii)
A child care facility;
(iii)
A state park;
(iv)
An after-school program;
(v)
A state agency or other entity of the state;
(vi)
A designee under contract to provide a food service program for an agency; and
(vii)
A designee under contract to provide wholesale local farm or food products for an agency;
(2)
(A)
"Distributor" means a person or entity involved in marketing and distributing local farm or food products to another entity, including without limitation to:
(i)
A restaurant;
(ii)
A healthcare facility;
(iii)
An educational institution;
(iv)
A hospitality business, including without limitation a hotel or inn;
(v)
A government entity; or
(vi)
An agency.
(B)
"Distributor" includes a person or entity that provides food products at wholesale to another company that provides or manages a food service program;
(3)
"Food product" means a substance, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that is sold for ingestion or chewing by humans and is consumed for its taste or nutritional value;
(4)
(A)
"Food service program" means the preparation and consumption of food products at an on-site cafeteria.
(B)
"Food service program" does not include catered events, franchises, or privately owned third-party vendors that do not serve as the primary provider for the delivery of food products on behalf of an agency; and
(5)
"Local farm or food products" means food products that are grown in Arkansas or packaged and processed in Arkansas, or both.
Amended by Act 2019, No. 796,§ 2, eff. 7/24/2019.
Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.
Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 38 - LOCAL FOOD, FARMS, AND JOBS ACT (§§ 15-4-3801 — 15-4-3808) › Section 15-4-3804 - Procurement goal - Distributor requirements

(a)
For each fiscal year, each agency shall make it a goal to ensure that at least twenty percent (20%) of the agency's purchases of food products is spent on local farm or food products.
(b)
Each agency shall:
(1)
Identify the percentage of funds spent on local farm or food products purchased for fiscal year 2017 to establish a baseline; and
(2)
Develop a system for tracking and reporting purchases of local farm or food products each fiscal year.
(c)
This section does not require an agency to use any specific procurement method for obtaining food products.
Amended by Act 2019, No. 796,§ 3, eff. 7/24/2019.
Amended by Act 2019, No. 384,§ 2, eff. 7/24/2019.
Added by Act 2017, No. 617,§ 1, eff. 8/1/2017.