reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 6 - USED MOTOR VEHICLE BUYERS PROTECTION (§§ 23-112-601 — 23-112-617) › Section 23-112-617 - Used motor vehicle dealer service and handling fee

(a)
A used motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of used motor vehicles if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents.
(b)
(1)
A used motor vehicle dealer may charge a service and handling fee in connection with the sale or lease of a used motor vehicle for:
(A)
The handling, processing, and storage of documents; and
(B)
Other administrative and clerical services.
(2)
(A)
The service and handling fee may be charged to allow cost recovery for used motor vehicle dealers.
(B)
A portion of the service and handling fee may result in profit to the used motor vehicle dealer.
(c)
(1)
The Department of Arkansas State Police shall determine by rule the amount of the service and handling fee that may be charged by a used motor vehicle dealer. The service and handling fee shall be no less than zero dollars ($0.00) and no more than one hundred twenty-nine dollars ($129).
(2)
If a service and handling fee is charged under this section, the service and handling fee shall be:
(A)
Charged to all retail customers; and
(B)
Disclosed on the retail buyer's order form as a separate itemized charge.
(d)
A preliminary work sheet on which a sale price is computed and that is shown to the purchaser, a retail buyer's order form from the purchaser, or a retail installment contract shall include in reasonable proximity to the place on the document where the service and handling fee authorized by this section is disclosed:
(1)
The amount of the service and handling fee; and
(2)
The following notice in type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material:
"A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW."
(e)
The Department of Arkansas State Police may promulgate rules to implement, enforce, and administer this section.
Acts 2007, No. 366, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-701 - When delivery accomplished

"Delivery" of a motor vehicle to a dealer by a manufacturer or distributor for the purposes of this section shall be accomplished by the:
(1)
Tender of the motor vehicle and any documents necessary to enable the dealer to obtain title and possession of the motor vehicle at the dealer's place of business or designated place of delivery; and
(2)
Giving of notice of the tender of the motor vehicle and documents to the dealer.
Acts 1991, No. 952, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-702 - Damage prior to delivery to dealer - Notice

(a)
Whenever a motor vehicle is damaged while in transit when the carrier or the means of transportation is designated by the manufacturer or distributor, or whenever a motor vehicle is otherwise damaged prior to delivery to the dealer, the dealer must:
(1)
Notify the manufacturer or distributor of such damage within three (3) working days of the occurrence of the delivery of the motor vehicle; and
(2)
Request from the manufacturer or distributor authorization to repair the damages sustained or to replace the parts or accessories damaged.
(b)
The notification of damage by the dealer must be by certified mail, with a notice of delivery requested to be returned to the dealer, and shall be presumed to have occurred upon deposit of the notice with the United States Postal Service.
Acts 1991, No. 952, § 2.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-703 - Failure to repair

In the event the manufacturer or distributor refuses or fails to authorize repair or replacement of any such damage within three (3) working days of notification of damage by the dealer, ownership of the motor vehicle shall revert to the manufacturer or distributor, and the dealer shall incur no obligations, financial or otherwise, for the damage to the motor vehicle. In determining when the notification of the damage by the dealer to the manufacturer or distributor occurs, the date the notice is received by the manufacturer or distributor by the United States Postal Service indicated on the notice of delivery returned to the dealer shall be controlling.
Acts 1991, No. 952, § 3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-704 - Computing time

In computing the lapse of three (3) working days under this subchapter, the day of the occurrence of delivery of the motor vehicle to the dealer by the manufacturer or distributor or the day of notification of the damage to the manufacturer or distributor by the dealer, as described in §
23-112-703
, is not to be included, but the last working day of the period so computed is to be included.
Acts 1991, No. 952, § 4.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-705 - Disclosure of damage to consumer - Certification

(a)
Prior to the sale of any motor vehicle damaged prior to delivery to the dealer as described in §
23-112-702
, excluding damage to glass, tires, and bumpers when replaced by identical manufacturer's original equipment, and any damage not exceeding six percent (6%) of the sticker price of the vehicle, the occurrence and extent of such damage must be disclosed by the dealer to the consumer, and, upon repair of the damage sustained, or replacement of the parts or accessories damaged, the manufacturer or dealer must certify to the consumer that the motor vehicle has been repaired or remanufactured to the manufacturer's standards.
(b)
(1)
If the dealer makes the certification, the dealer shall be indemnified by the manufacturer.
(2)
Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the manufacturer.
Acts 1991, No. 952, § 5.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-706 - Damage after delivery to dealer - Disclosure to consumer - Certification

(a)
Whenever a motor vehicle is damaged after delivery to the dealer by the manufacturer or distributor but before sale by the dealer to the consumer, and the occurrence and extent of such damage is in excess of six percent (6%) of the sticker price of the vehicle, it must be disclosed by the dealer to the consumer prior to the sale, and upon repair of the damage sustained, or replacement of parts or accessories damaged, the dealer must certify to the consumer that this motor vehicle has been repaired or remanufactured according to the manufacturer's standards.
(b)
Upon such certification, liability for any concealed damages then remaining with the motor vehicle shall lie with the dealer.
Acts 1991, No. 952, § 6.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 7 - DAMAGE TO MOTOR VEHICLES WHILE IN TRANSIT (§§ 23-112-701 — 23-112-707) › Section 23-112-707 - Manufacturer required to indemnify franchised dealers

Notwithstanding the terms of any franchise agreement, it shall be a violation of this subchapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed to in writing by the manufacturer for damages, including, but not limited to, court costs and reasonable attorney's fees of the new motor vehicle dealer, arising out of complaints, claims, or lawsuits, including, but not limited to, strict liability, negligence, misrepresentation, or warranty to the extent that the judgment or settlement agreed to in writing by the manufacturer relates to the alleged defective or negligent manufacture, assembly, or design of new motor vehicles, parts, or accessories, or other functions by the manufacturer, beyond the control of the dealer.
Acts 1991, No. 952, § 7.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 8 - SPECIAL EVENTS (§§ 23-112-801 — 23-112-806) › Section 23-112-801 - Findings

The General Assembly finds that:
(1)
A special event sponsored by a city, county, nonprofit entity, or special event owners' organization draws people from all over the state, other states, and even other countries;
(2)
A special event can provide a valuable increase in tourism for the state; and
(3)
The laws and rules related to the display and sale of special event vehicles at a special event should be modified to lessen the restrictions that are hampering economic growth.
Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.
Acts 2007, No. 235, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 8 - SPECIAL EVENTS (§§ 23-112-801 — 23-112-806) › Section 23-112-802 - Definitions

As used in this subchapter:
(1)
"Nonprofit entity" means an entity that has received tax-exempt status from the Internal Revenue Service pursuant to section 501(c)(3) or section (501)(c)(4) of the Internal Revenue Code of 1986,
26 U.S.C. § 501(c)(3)
or
26 U.S.C. § 501(c)(4)
, as they existed on January 1, 2023;
(2)
"Public venue" means a location that:
(A)
Is open to the general public; and
(B)
Is not the address designated as the primary business address of a new motor vehicle dealer licensed by the Arkansas Motor Vehicle Commission or a used motor vehicle dealer licensed by the Division of Arkansas State Police;
(3)
"Significant positive economic impact" means an economic benefit of at least three million dollars ($3,000,000) to the state or a region of the state;
(4)
"Special event" means an event held at a public venue with or without an admission fee that:
(A)
Is sponsored by a city, a county, a nonprofit entity, or a special event vehicle owners' organization;
(B)
Occurs not more than one (1) time each year for no more than seven (7) consecutive days; and
(C)
Includes any of the following that are invited to attend:
(i)
New motor vehicle dealers to display and sell special event vehicles; or
(ii)
New motor vehicle manufacturers or distributors to display special event vehicles;
(5)
"Special event vehicle" means:
(A)
A motorcycle;
(B)
An all-terrain vehicle;
(C)
A utility task vehicle;
(D)
A scooter;
(E)
A go-kart; and
(F)
A low-speed vehicle; and
(6)
"Special event vehicle owners' organization" means an entity that is organized as a nonprofit entity or for-profit entity and in good standing with the Secretary of State.
Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.
Acts 2007, No. 235, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 8 - SPECIAL EVENTS (§§ 23-112-801 — 23-112-806) › Section 23-112-803 - Statements of estimated positive economic impact

A statement of the estimated positive economic impact of a proposed special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source, including without limitation a university, chamber of commerce, or other entity that regularly engages in the estimation of the economic benefit of an occurrence for businesses and industries.
Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.
Acts 2007, No. 235, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 8 - SPECIAL EVENTS (§§ 23-112-801 — 23-112-806) › Section 23-112-804 - Significant positive economic impact determinations

(a)
If the statement of estimated positive economic impact that is submitted to the Arkansas Motor Vehicle Commission establishes that a special event has a significant positive economic impact, the special event is exempt from regulation by the commission as provided under §
23-112-805
.
(b)
If the statement of estimated positive economic impact that is presented to the commission establishes that a special event will not have a significant positive economic impact, then the commission shall determine whether the special event is exempt from this chapter and any rules promulgated by the commission.
Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.
Acts 2007, No. 235, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 8 - SPECIAL EVENTS (§§ 23-112-801 — 23-112-806) › Section 23-112-805 - Authority to waive relevant market area and rules

(a)
The Arkansas Motor Vehicle Commission shall waive the following for a special event that has a significant positive economic impact or is determined by the commission to otherwise qualify for an exemption under §
23-112-804(b)
if no franchised motor vehicle dealer of a licensed manufacturer is participating in the host county of the special event or the counties contiguous to the host county:
(1)
This chapter regarding relevant market area; and
(2)
The rules regarding motor vehicle dealers in contiguous counties.
(b)
(1)
The commission may promulgate rules for the issuance of a temporary permit to in-state and out-of-state new motor vehicle dealers and new motor vehicle manufacturers or distributors to participate in a special event under this subchapter.
(2)
The commission shall not promulgate a rule that puts a greater burden on out-of-state new motor vehicle dealers and new motor vehicle manufacturers or distributors to obtain a temporary permit than the requirements necessary for a new motor vehicle dealer or new motor vehicle manufacturer or distributor to obtain a license from the commission.
(3)
If the commission establishes fees for a temporary permit under this subsection, the fees shall not exceed:
(A)
For an out-of-state new motor vehicle dealer, one hundred dollars ($100);
(B)
For a new motor vehicle manufacturer or distributor, two hundred fifty dollars ($250);
(C)
For an out-of-state salesperson, fifteen dollars ($15.00); and
(D)
For a factory representative or distributor representative, fifty dollars ($50.00).
Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.
Acts 2007, No. 235, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 8 - SPECIAL EVENTS (§§ 23-112-801 — 23-112-806) › Section 23-112-806 - Established and ongoing special events

(a)
A special event that has been ongoing for five (5) years or more before July 31, 2007, and has had a significant positive economic impact in the past shall be:
(1)
Considered an established and ongoing special event; and
(2)
Eligible to a presumption of a significant positive economic impact by the Arkansas Motor Vehicle Commission.
(b)
Notwithstanding any provision of law to the contrary, new motor vehicle dealers and new motor vehicle manufacturers or distributors that have participated in an established and ongoing special event under this section for the previous three (3) years may continue to be invited to the special event.
Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.
Acts 2007, No. 235, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 9 - RECREATIONAL VEHICLE SPECIAL EVENTS (§§ 23-112-901 — 23-112-905) › Section 23-112-901 - Findings

The General Assembly finds that:
(1)
A recreational vehicle special event sponsored by a city, county, nonprofit entity, or recreational vehicle owners' organization draws people from all over the state and other states;
(2)
A recreational vehicle special event can provide a valuable increase in tourism for the state; and
(3)
The laws and rules related to the display and sale of recreational vehicles at a recreational vehicle special event must be modified to lessen the restrictions that are hampering economic growth.
Acts 2011, No. 263, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 9 - RECREATIONAL VEHICLE SPECIAL EVENTS (§§ 23-112-901 — 23-112-905) › Section 23-112-902 - Definitions

As used in this subchapter:
(1)
"Nonprofit entity" means an entity that has received tax exempt status from the Internal Revenue Service under section 501(c)(3) or section (501)(c)(4) of the Internal Revenue Code of 1986,
26 U.S.C. § 501(c)(3)
or
26 U.S.C. § 501(c)(4)
, as they existed on January 1, 2011;
(2)
"Public venue" means a location that:
(A)
Is open to the general public; and
(B)
Is not the address designated as the primary business address of a new motor vehicle dealer licensed by the Arkansas Motor Vehicle Commission or a used motor vehicle dealer licensed by the Department of Arkansas State Police;
(3)
"Recreational vehicle owners' organization" means an entity that is organized as a nonprofit entity or for-profit entity and in good standing with the Secretary of State;
(4)
"Recreational vehicle special event" means an event held at a public venue with or without an admission fee that:
(A)
Is sponsored by a city, a county, a nonprofit entity, or a recreational vehicle owners' organization;
(B)
Occurs for no more than seven (7) consecutive days; and
(C)
Includes any of the following that are invited to attend:
(i)
New recreational vehicle dealers to display and sell recreational vehicles; or
(ii)
New recreational vehicle manufacturers or distributors to display recreational vehicles; and
(5)
"Significant positive economic impact" means an economic benefit of at least two million dollars ($2,000,000) to the state or a region of the state.
Acts 2011, No. 263, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 9 - RECREATIONAL VEHICLE SPECIAL EVENTS (§§ 23-112-901 — 23-112-905) › Section 23-112-903 - Statements of estimated positive economic impact

A statement of the estimated positive economic impact of a proposed recreational vehicle special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source such as a university, chamber of commerce, or other entity that regularly engages in the estimation of the economic benefit of an occurrence for businesses and industries.
Acts 2011, No. 263, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 9 - RECREATIONAL VEHICLE SPECIAL EVENTS (§§ 23-112-901 — 23-112-905) › Section 23-112-904 - Significant positive economic impact determinations

(a)
If the statement of estimated positive economic impact that is submitted to the Arkansas Motor Vehicle Commission establishes that a recreational vehicle special event has a significant positive economic impact, the recreational vehicle special event is exempt from regulation by the commission as provided under §
23-112-905
.
(b)
If the statement of estimated positive economic impact that is presented to the commission establishes that a recreational vehicle special event will not have a significant positive economic impact, then the commission shall determine whether the recreational vehicle special event is exempt from this chapter and any rules promulgated by the commission.
Acts 2011, No. 263, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 9 - RECREATIONAL VEHICLE SPECIAL EVENTS (§§ 23-112-901 — 23-112-905) › Section 23-112-905 - Authority to waive relevant market area and rules

(a)
The Arkansas Motor Vehicle Commission shall waive the following for a recreational vehicle special event that has a significant positive economic impact or is determined by the commission to otherwise qualify for an exemption under §
23-112-904(b)
if no franchised motor vehicle dealer of a licensed manufacturer is represented in the host county of the recreational vehicle special event or the counties contiguous to the host county:
(1)
The provisions of this chapter regarding relevant market area; and
(2)
The rules regarding motor vehicle dealers in contiguous counties.
(b)
(1)
The commission may promulgate rules for the issuance of a temporary permit to out-of-state motor vehicle dealers and manufacturers to participate in a recreational vehicle special event under this subchapter.
(2)
The commission shall not promulgate a rule that puts a greater burden on out-of-state motor vehicle dealers and manufacturers to obtain a temporary permit than the requirements necessary for a motor vehicle dealer or manufacturer to obtain a license from the commission.
(3)
If the commission establishes fees for a temporary permit under this subsection, the fees shall not exceed:
(A)
For an out-of-state motor vehicle dealer, one hundred dollars ($100);
(B)
For a manufacturer or distributor, two hundred fifty dollars ($250);
(C)
For an out-of-state salesperson, fifteen dollars ($15.00); and
(D)
For a factory representative or distributor representative, fifty dollars ($50.00).
Acts 2011, No. 263, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1001 - Title

This subchapter shall be known and may be cited as the "Recreational Vehicle Franchise Act".
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1002 - Legislative findings

The General Assembly finds that:
(1)
The distribution and sale of recreational vehicles vitally affects the general economy, the public interest, and the public welfare; and
(2)
It is necessary, in the exercise of the General Assembly's police power, to regulate and to license recreational vehicle manufacturers, factory branches and divisions, distributors, distributor branches and divisions, distributor representatives, and dealers doing business in Arkansas to:
(A)
Prevent fraud, unfair practices, discrimination, impositions, and other abuses upon the citizens of Arkansas;
(B)
Foster and keep alive vigorous and healthy competition;
(C)
Prevent the creation or perpetuation of monopolies;
(D)
Prevent the practice of requiring the buying of special features, accessories, special models, appliances, and equipment not desired by a recreational vehicle dealer or the ultimate purchaser;
(E)
Prevent false and misleading advertising;
(F)
Promote and keep alive a sound system of distribution of recreational vehicles to the public; and
(G)
Promote the public safety and welfare.
Amended by Act 2021, No. 504,§ 12, eff. 7/28/2021.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1006 - Issuance of license - Change of location - Change of business or corporate name, structure, or DBA name - Dealers, manufacturers, and distributors

(a)
The license issued to each recreational vehicle dealer, manufacturer, or distributor shall specify the location of the factory, office, branch, or division of the recreational vehicle dealer, manufacturer, or distributor.
(b)
In case the location is changed, the Arkansas Motor Vehicle Commission shall endorse the change of location on the license without charge if it is within the same county in this state for a dealership or if it is within this state for a manufacturer or distributor.
(c)
The change of a dealership location to another county in this state or of a manufacturer or distributor to another state requires a new license.
(d)
(1)
A licensee shall notify the commission in writing of any change in the business or corporate name or structure and of any alternate name or names in which the company will do business, otherwise known as "DBA names", and shall provide the original issue license with the notification of name change or addition of a DBA name or names.
(2)
The commission shall endorse the change on the license without charge.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1007 - Display of license - Change of employer - Factory representative and distributor representative

(a)
A recreational vehicle factory representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request.
(b)
(1)
The name of the employer of the factory representative shall be stated on the license.
(2)
In case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement on the license of the change of employer.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1008 - [Repealed]

Repealed by Act 2021, No. 504,§ 17, eff. 7/28/2021.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1009 - Expiration of license

Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:
(1)
Recreational vehicle manufacturers, distributors, and their representatives expire June 30 following the date of issue; and
(2)
Recreational vehicle dealers expire December 31 following the date of issue.
Amended by Act 2021, No. 504,§ 18, eff. 7/28/2021.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1010 - Area of sales responsibility

(a)
The following conditions shall apply to the area of sales responsibility of a dealer included in a dealer agreement:
(1)
The manufacturer shall designate in the dealer agreement the area of sales responsibility exclusively assigned to the dealer;
(2)
The manufacturer shall not change the area of sales responsibility of a dealer or establish another dealer for the same line-make in that area during the term of the dealer agreement; and
(3)
The area of sales responsibility shall not be reviewed or changed without the consent of both parties until one (1) year after the execution of the dealer agreement.
(b)
A dealer shall not conduct sales activity or display for sale recreational vehicles outside of its designated area of sales responsibility except as provided under §
23-112-901
et seq. and the Rules of the Arkansas Motor Vehicle Commission.
(c)
A dealer may sell off-premise or display recreational vehicles within the area of sales responsibility as provided by commission rule.
(d)
The dealer shall notify the commission of any change in ownership in accordance with §
23-112-1019
.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1011 - Renewal of dealer agreement

In a renewal of a dealer agreement, the manufacturer shall not impose on the dealer stocking requirements or retail sales targets that are inconsistent with market growth or contraction in the area of sales responsibility of the dealer.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1013 - Repurchase of inventory

If the dealer agreement is terminated, canceled, or not renewed by the manufacturer or distributor without good cause under §
23-112-1011
or by the dealer for good cause as defined in §
23-112-1011
and the manufacturer fails to cure the claimed deficiencies under §
23-112-1011
, the manufacturer, at the election of the dealer and within forty-five (45) days after termination, cancellation, or nonrenewal, shall repurchase:
(1)
(A)
All new, untitled recreational vehicles that were acquired from the manufacturer or distributor within twelve (12) months before the effective date of the notice of termination, cancellation, or nonrenewal that have not been used, except for demonstration purposes, and that have not been altered or damaged, at one hundred percent (100%) of the net invoice cost, including transportation, less applicable rebates and discounts to the dealer.
(B)
If any of the vehicles repurchased under this subchapter are damaged but do not trigger a consumer disclosure requirement, the amount due the dealer shall be reduced by the cost to repair the vehicle.
(C)
Damage to a recreational vehicle before delivery to a dealer that is disclosed at the time of delivery shall not disqualify its repurchase under this subdivision (1);
(2)
All undamaged accessories and proprietary parts sold to the dealer for resale within the twelve (12) months before termination, cancellation, or nonrenewal, if accompanied by the original invoice, at one hundred five percent (105%) of the original net price paid to the manufacturer or distributor to compensate the dealer for handling, packing, and shipping the parts; and
(3)
Any properly functioning diagnostic equipment, special tools, current signage, and other equipment and machinery at one hundred percent (100%) of the dealer's net cost plus freight, destination, delivery, and distribution charges and sales taxes, if any, if:
(A)
The diagnostic equipment, special tools, current signage, and other equipment and machinery were purchased by the dealer within five (5) years before termination, cancellation, or nonrenewal upon the manufacturer's or distributor's request; and
(B)
The dealer meets the burden of establishing that the diagnostic equipment, special tools, current signage, and other equipment and machinery can no longer be used in the normal course of the dealer's ongoing business.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1014 - Sale of remaining inventory after termination

(a)
A dealer is not prohibited from selling the remaining in-stock inventory of a particular line-make after a dealer agreement has been terminated or not renewed under §
23-112-1012
.
(b)
If recreational vehicles of a line-make are not returned or required to be returned to the manufacturer or distributor, the dealer may continue to sell all line-makes that were subject to the dealer agreement and are currently in stock until those line-makes are no longer in the dealer's inventory.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1017 - Damage to recreational vehicles before arrival at dealership

(a)
All the following apply if a new recreational vehicle is damaged before transit to the dealer or is damaged in transit to the dealer when the carrier or means of transportation has been selected by the manufacturer or distributor:
(1)
The dealer shall notify the manufacturer or distributor of the damage within the time frame specified in the dealer agreement and:
(A)
Request authorization from the manufacturer or distributor to replace the components, parts, and accessories damaged or otherwise correct the damage; or
(B)
Reject the vehicle within the time frame specified in the dealer agreement;
(2)
If the manufacturer or distributor refuses or fails to authorize repair of the damage within ten (10) days after receipt of notification or if the dealer rejects the recreational vehicle because of damage, ownership of the new recreational vehicle reverts to the manufacturer or distributor; and
(3)
The dealer shall exercise due care in custody of the damaged recreational vehicle, but the dealer has no other obligations, financial or otherwise, with respect to that recreational vehicle.
(b)
(1)
A dealer agreement shall include a time frame for inspection and rejection by the dealer.
(2)
The time frame shall not be less than three (3) business days after the physical delivery of the recreational vehicle.
(c)
As used in this section, "damaged before transit" and "damaged in transit" do not include inspection or warranty repairs or service.
(d)
(1)
A recreational vehicle that has at the time of delivery to the dealer an unreasonable number of miles on its odometer, as determined by the dealer, may be subject to rejection by the dealer and reversion of the vehicle to the manufacturer or distributor.
(2)
However, if the number of miles on the odometer of the recreational vehicle is less than the sum of the distance in miles between the dealer and the factory of the manufacturer or point of distribution plus one hundred (100) miles, the dealer shall not consider the number of miles on the odometer unreasonable.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1018 - Prohibited activity of manufacturer or distributor - Coercion

(a)
A manufacturer or distributor shall not coerce or attempt to coerce a dealer to:
(1)
Purchase a product that the dealer did not order;
(2)
Enter into an agreement with the manufacturer or distributor; or
(3)
Enter into an agreement that requires the dealer to submit its disputes to binding arbitration or otherwise waive rights or responsibilities provided under this subchapter.
(b)
As used in this subchapter, "coerce" includes without limitation:
(1)
Threatening to terminate, cancel, or not renew a dealer agreement without good cause;
(2)
Threatening to withhold product lines the dealer is entitled to purchase under the dealer agreement; or
(3)
Delaying delivery of recreational vehicles as an inducement to amend the dealer agreement.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1021 - Enforcement

(a)
The Arkansas Motor Vehicle Commission may enter orders that direct compliance with this subchapter and rules under this subchapter if any of the following conditions have been met:
(1)
The commission has conducted a hearing within sixty (60) days on the matter;
(2)
The commission has made written findings that the public interest and welfare require the person or entity against whom the commission is acting to take the specified action; or
(3)
The commission finds that the current civil or administrative penalties are insufficient.
(b)
The commission may enforce its findings and conclusions upon entry of an order under subsection (a) of this section.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1022 - Civil action and mediation

(a)
(1)
A dealer, manufacturer, distributor, or warrantor injured by another party's violation of this subchapter may bring a civil action in circuit court to recover actual damages.
(2)
The court shall award attorney's fees and costs to the prevailing party in such an action.
(b)
(1)
Venue for a civil action under this section is in the county in which the dealer's business is located.
(2)
In an action involving more than one (1) dealer, venue may be in any county in which any dealer that is party to the action is located.
(c)
(1)
Before bringing suit under this section, the party bringing suit for an alleged violation shall serve a written demand for mediation upon the offending party.
(2)
The demand for mediation shall:
(A)
Be served upon the other party via certified mail at the address stated within the dealer agreement between the parties; and
(B)
Contain a brief statement of the dispute and the relief sought by the party filing the demand.
(3)
(A)
Within twenty (20) days after the date on which a demand for mediation is served, the parties shall:
(i)
Mutually select an independent certified mediator; and
(ii)
Meet with the mediator to attempt to resolve the dispute.
(B)
The meeting place shall be in this state in a location selected by the mediator.
(C)
The mediator may extend the date of the meeting for good cause shown by either party or upon stipulation of both parties.
(4)
(A)
The service of a demand for mediation under this section tolls the time for the filing of a complaint, petition, protest, or other action under this subchapter until representatives of both parties have met with a mutually selected mediator to attempt to resolve the dispute.
(B)
If a complaint, petition, protest, or other action is filed before that meeting, the court:
(i)
Shall enter an order suspending the proceeding or action until the mediation meeting has occurred; and
(ii)
Upon written stipulation of all parties to the proceeding or action that they wish to continue to mediate under this section, may enter an order suspending the proceeding or action for as long as the court considers appropriate.
(5)
The parties to the mediation shall:
(A)
Bear their own costs for attorney's fees; and
(B)
Divide equally the cost of the mediator.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 112 - ARKANSAS MOTOR VEHICLE COMMISSION ACT (§§ 23-112-101 — 23-112-1023) › Subchapter 10 - RECREATIONAL VEHICLE FRANCHISE ACT (§§ 23-112-1001 — 23-112-1023) › Section 23-112-1023 - Injunction

(a)
In addition to any remedy provided in this subchapter or otherwise available by law, a manufacturer, distributor, warrantor, or a dealer may apply to a court of competent jurisdiction for the issuance, upon a hearing and for cause shown, of a temporary or permanent injunction or other equitable relief restraining a person from doing any of the following:
(1)
Acting as a dealer without being properly licensed;
(2)
Committing a single act or multiple acts in violation of this subchapter; or
(3)
Failing or refusing to comply with any requirement of this subchapter.
(b)
The Arkansas Motor Vehicle Commission may seek an injunction upon affidavit in the circuit court for the county in which the commission's office is located to prevent a person, firm, partnership, association, corporation, or legal entity from violating a provision of this subchapter or a rule promulgated by the commission.
(c)
The commission shall not be required to:
(1)
Execute or give bond for costs, indemnity, or stay; or
(2)
Give security as a condition to the issuance of a restraining order or injunction, either temporary or permanent.
Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 4 - MISCELLANEOUS REGULATED INDUSTRIES (§§ 23-110-101 — 23-119-105) › Chapter 113 - LOCAL OPTION HORSE RACING AND GREYHOUND RACING ELECTRONIC GAMES OF SKILL ACT (§§ 23-113-101 — 23-113-604) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-113-101 — 23-113-103) › Section 23-113-102 - Title

This chapter shall be known and may be cited as the "Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act".
Acts 2005, No. 1151, § 1.