reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 2 - ELECTRIC COOPERATIVES GENERALLY (§§ 23-18-201 — 23-18-203) › Section 23-18-202 - Jurisdiction of commission - Exemptions

(a)
The jurisdiction of the Arkansas Public Service Commission shall not extend to loans made or guaranteed by the Rural Electrification Administration of the United States Department of Agriculture [superseded], the Federal Financing Bank, or such other agency or instrumentality as may be established by the United States Government for those purposes, nor shall it extend to loans made or guaranteed by the National Rural Utilities Cooperative Finance Corporation.
(b)
No approval shall be required from the commission for borrowings, loan contracts, notes, mortgages, or guarantees to which the Rural Electrification Administration, the Federal Financing Bank, or such other agency or instrumentality described above, or the National Rural Utilities Cooperative Finance Corporation or CoBank ACB is a party, nor shall approval be required for borrowings, loan contracts, notes, mortgages, or guarantees from other public or private sources which are secured by a mortgage held in common with or guaranteed by the Rural Electrification Administration, the Federal Financing Bank, or such other agency or instrumentality described above, or the National Rural Utilities Cooperative Finance Corporation or CoBank ACB.
Acts 1967, No. 234, § 2; 1981, No. 353, § 1; A.S.A. 1947, § 73-202.2; Acts 2009, No. 789, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 2 - ELECTRIC COOPERATIVES GENERALLY (§§ 23-18-201 — 23-18-203) › Section 23-18-203 - Commission rules shall not conflict with United States Government regulations

The Arkansas Public Service Commission shall make no rules affecting electric cooperative corporations in matters of accounting, recordkeeping, or fiscal management in conflict with regulations which have been, or shall be, promulgated by the Administrator of the Rural Electrification Administration of the United States Department of Agriculture [superseded] or such other agency or instrumentality described in §
23-18-202
.
Amended by Act 2019, No. 315,§ 2474, eff. 7/24/2019.
Acts 1967, No. 234, § 3; A.S.A. 1947, § 73-202.3.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-301 - Title

This subchapter may be cited as the "Electric Cooperative Corporation Act".
Acts 1937, No. 342, § 1; Pope's Dig., § 2315; A.S.A. 1947, § 77-1101.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-302 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Acquire" means and includes to construct or acquire by purchase, lease, devise, gift, or other mode of acquisition;
(2)
"Board" means a board of directors of a corporation organized under this subchapter;
(3)
"Corporation" means a corporation organized pursuant to the provisions of this subchapter;
(4)
"Federal agency" includes the United States and any department, administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality of the United States;
(5)
"Member" means the incorporators of a corporation and each person thereafter lawfully admitted to membership therein;
(6)
"Obligations" includes bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a corporation; and
(7)
"Person" includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision thereof, or any body politic.
Acts 1937, No. 342, § 2; Pope's Dig., § 2316; Acts 1955, No. 85, § 1; 1957, No. 103, § 1; A.S.A. 1947, § 77-1102; Acts 1999, No. 1556, § 11.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-303 - Construction

This subchapter shall be construed liberally. The enumeration of any object, purpose, power, manner, method, or thing shall not be deemed to exclude like or similar objects, purposes, powers, manners, methods, or things.
Acts 1937, No. 342, § 35; Pope's Dig., § 2349; A.S.A. 1947, § 77-1135.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-304 - Other laws inapplicable

This subchapter is complete in itself and shall be controlling. The provisions of any other law of this state, except as provided in this subchapter, shall not apply to a corporation organized under this subchapter.
Acts 1937, No. 342, § 37; Pope's Dig., § 2351; A.S.A. 1947, § 77-1136.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-305 - Extension of subchapter to other corporations

Any cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of engaging in rural electrification and existing prior to the passage of this act may amend its articles of incorporation so as to comply with this subchapter by a majority vote of the members present in person or by proxy at a meeting called for that purpose.
Acts 1937, No. 342, § 34; Pope's Dig., § 2348; A.S.A. 1947, § 77-1134.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-306 - Purposes of cooperatives

(a)
Organization.
Cooperative, nonprofit membership corporations may be organized under this subchapter for the purpose of any one (1) or more of the following:
(1)
The furnishing of electricity to persons;
(2)
Assisting in the wiring of the premises of persons in rural areas or the acquisition, supply, or installation of electrical or plumbing equipment therein; and
(3)
The furnishing of electricity, wiring facilities, or electrical or plumbing equipment or services to any other corporation organized under this subchapter or to the members thereof.
(b)
Powers.
Once properly organized pursuant to subsection (a) of this section, a corporation may engage in any other lawful business activity directly or through one (1) or more affiliates, which its board of directors determines to be beneficial to its members or nonmembers.
Acts 1937, No. 342, § 3; Pope's Dig., § 2317; A.S.A. 1947, § 77-1103; 1999, No. 1556, § 12.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-308 - Jurisdiction of commission

All corporations organized under this subchapter shall be in all respects subject to the jurisdiction, supervision, regulation, and control of the Arkansas Public Service Commission to the same extent and in the same manner as a public utility, except as otherwise specifically provided by law.
Acts 1937, No. 342, § 31; Pope's Dig., § 2345; Acts 1955, No. 85, § 2; 1957, No. 103, § 2; 1967, No. 234, § 6; A.S.A. 1947, § 77-1131.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-309 - Incorporators

Any three (3) or more natural persons of the age of twenty-one (21) or more, residents of this state, may act as incorporators of a corporation to be organized under this subchapter by executing articles of incorporation as provided in this subchapter.
Acts 1937, No. 342, § 5; Pope's Dig., § 2319; A.S.A. 1947, § 77-1105.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-310 - Cooperative names

The words "electric cooperative" shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business in this state, other than those organized pursuant to the provisions of this subchapter.
Acts 1937, No. 342, § 7; Pope's Dig., § 2321; A.S.A. 1947, § 77-1107.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-311 - Articles of incorporation

(a)
The articles of incorporation shall state:
(1)
The name of the corporation. The name shall include the words "Electric Cooperative" and the word "Corporation", "Incorporated", "Inc.", or "Company". The name of the corporation shall be such as to distinguish it from any other corporation organized and existing under the laws of this state;
(2)
The purpose for which the corporation is formed;
(3)
The names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify;
(4)
The number of directors, not fewer than three (3), to be elected at the annual meetings of members;
(5)
The address of its principal office and the name and address of its agent upon whom process may be served;
(6)
The period of duration of the corporation, which may be perpetual;
(7)
The terms and conditions upon which persons shall be admitted to membership and retain membership in the corporation, but if expressly so stated, the determination of such matters may be reserved to the directors by the bylaws; and
(8)
Any provisions, not inconsistent with law, which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation.
(b)
It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in this subchapter.
Acts 1937, No. 342, § 6; Pope's Dig., § 2320; A.S.A. 1947, § 77-1106.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-312 - Articles of incorporation - Execution - Filing and recording

(a)
The original copy of the articles of incorporation shall be signed by the incorporators and acknowledged before any officer authorized by the law of this state to acknowledge the execution of deeds and conveyances.
(b)
The original copy of the articles of incorporation shall be filed in the office of the Secretary of State.
(c)
If the Secretary of State finds that the articles of incorporation conform to law and when the fees prescribed by this subchapter have been paid, he or she shall:
(1)
Endorse on the original copy the word "FILED", and the month, day, and year of the filing thereof;
(2)
File the original in his or her office; and
(3)
Issue a certificate of incorporation to the incorporators.
(d)
The incorporators shall file for recording a certified copy of the articles of incorporation in the office of the county clerk in the county in which the principal office of the corporation in this state is located.
Acts 1937, No. 342, § 8; Pope's Dig., § 2322; A.S.A. 1947, § 77-1108.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-313 - Articles of incorporation - Amendment

(a)
(1)
A corporation may amend its articles of incorporation by a majority vote of the members who are present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose.
(2)
The power to amend shall include the power to accomplish any desired change in the provisions of its articles of incorporation and to include any purpose, power, or provision which would be authorized to be included in original articles of incorporation if executed at the time the amendment is made.
(b)
(1)
Articles of amendment signed by the president or vice president and attested by the secretary certifying to the amendment and its lawful adoption shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this subchapter.
(2)
As soon as the Secretary of State has accepted the articles of amendment for filing and recording and issued a certificate of amendment, the amendment shall be in effect.
Acts 1937, No. 342, § 26; Pope's Dig., § 2340; Acts 1953, No. 198, § 1; A.S.A. 1947, § 77-1126.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-314 - Certificate of incorporation

(a)
Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the corporation shall begin.
(b)
The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by the incorporators have been complied with and that the corporation has been incorporated under this subchapter.
Acts 1937, No. 342, § 9; Pope's Dig., § 2323; A.S.A. 1947, § 77-1109.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-315 - Correction of defects of organization

In the event any corporation has filed defective articles of incorporation or has failed to do all things necessary to perfect its corporate organization, it nevertheless may file corrected articles of incorporation or amend the original articles and do and perform all acts and things necessary in the premises for the correction of such defects. The action so taken shall be valid and binding upon all persons concerned. The capacity of the corporation to file corrected articles of incorporation or amendments to the original articles or to do and perform all acts and things necessary in the premises shall not be questioned.
Acts 1937, No. 342, § 33; Pope's Dig., § 2347; A.S.A. 1947, § 77-1133.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-316 - Organizational meeting - Notice

(a)
After the issuance of the certificate of incorporation, an organizational meeting shall be held at the call of a majority of the incorporators for the purpose of adopting bylaws and electing officers and for the transaction of such other business as properly may come before the meeting.
(b)
The incorporators calling the meeting shall give at least three (3) days' notice thereof by mail to each incorporator. This notice shall state the time and place of the meeting, but notice may be waived in writing.
Acts 1937, No. 342, § 10; Pope's Dig., § 2324; A.S.A. 1947, § 77-1110.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-317 - Bylaws

(a)
The power to make, alter, amend, or repeal the bylaws of the corporation shall be vested in the board of directors.
(b)
The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.
Acts 1937, No. 342, § 11; Pope's Dig., § 2325; A.S.A. 1947, § 77-1111.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-318 - Members

(a)
(1)
All persons proposed to be served by a corporation shall be eligible to membership in a corporation.
(2)
No person other than the incorporators shall be, become, or remain a member of a corporation unless the person shall use or agree to use electric energy or, as the case may be, the facilities, supplies, equipment, and services furnished by a corporation.
(b)
A corporation organized under this subchapter may become a member of another such corporation and may avail itself fully of the facilities and services thereof.
Acts 1937, No. 342, § 12; Pope's Dig., § 2326; A.S.A. 1947, § 77-1112; Acts 1999, No. 1556, § 16.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-319 - Certificate of membership

(a)
When a member of a corporation has paid the membership fee in full, a certificate of membership shall be issued to the member.
(b)
Memberships in the corporation and the certificates shall be nontransferable.
(c)
The certificate of membership shall be surrendered to the corporation upon the resignation, expulsion, or death of the member.
Acts 1937, No. 342, § 16; Pope's Dig., § 2330; A.S.A. 1947, § 77-1116.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-320 - Meetings of members

(a)
Meetings of members may be held at such place as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held in the principal office of the corporation in this state.
(b)
An annual meeting of the members shall be held at such time as may be provided in the bylaws. Failure to hold the annual meeting at the designated time shall not work forfeiture or dissolution of the corporation.
(c)
Special meetings of the members may be called by the president, by the board of directors, by a petition signed by not less than one-tenth (
1
/
10
) of all the members, or by such other officers or persons as may be provided in the articles of incorporation or the bylaws.
(d)
(1)
Written or printed notice stating the place, day, and hour of the meeting of members and, in the case of a special meeting, the purposes for which the meeting is called shall be delivered not fewer than (10) days nor more than thirty (30) days before the date of the meeting, either personally or by mail, by or at the direction of the president or the secretary or the officers or persons calling the meeting, to each member of record entitled to vote at the meeting. If mailed, the notice shall be deemed to be delivered when deposited into the United States mails in a sealed envelope addressed to the member at his or her address as it appears on the records of the corporation with postage thereon prepaid.
(2)
Notice of meetings of members may be waived in writing.
(e)
Each member present shall be entitled to one (1) and only one (1) vote on each matter submitted to a vote at a meeting of members, but voting by proxy or by mail may be provided for in the bylaws.
(f)
Unless otherwise provided in the articles of incorporation or bylaws, a majority of the members present in person or represented by proxy shall constitute a quorum for the transaction of business at a meeting of members, but if voting by mail is provided for in the bylaws, members so voting shall be counted as if present.
Acts 1937, No. 342, §§ 13-15, 17; Pope's Dig., §§ 2327-2329, 2331; A.S.A. 1947, §§ 77-1113 -- 77-1115, 77-1117.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-322 - Executive committee

(a)
Any corporation by its bylaws may provide for an executive committee to be elected from and by its board of directors.
(b)
The management of the current and ordinary business of the corporation and such other duties as the bylaws may prescribe may be delegated to the committee, but the designation of the committee and the delegation thereto of authority shall not operate to relieve the board of directors, or any member thereof, of any responsibility imposed upon it or him or her by this subchapter.
Acts 1937, No. 342, § 24; Pope's Dig., § 2338; A.S.A. 1947, § 77-1124.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-323 - Officers, agents, and employees

(a)
The board may elect from its number a chair, a secretary, and such vice chairpersons as it deems necessary. The powers, duties, term of office, and compensation shall be provided for in the bylaws.
(b)
(1)
The board may appoint a chief executive officer, president, or manager, a treasurer, who may be the same person elected to the office of secretary, and such vice presidents as it deems necessary. The powers, duties, term of office, and compensation of the foregoing officers shall be provided for by the board of directors.
(2)
The chief executive officer, president, or manager may be an elected member of the board or an ex officio member of the board as provided for in the bylaws. Such an officer may be a member of an executive committee, if one is created by the corporation and the officer is an elected member of the board. Otherwise, the officer may be an ex officio member of an executive committee as provided for in the bylaws.
(c)
The board shall appoint such other officers, agents, and employees as it deems necessary and fix their powers, duties, and compensation.
(d)
Any officer, agent, or employee elected or appointed by the board may be removed by it whenever in its judgment the best interests of the corporation will be served.
Acts 1937, No. 342, § 23; Pope's Dig., § 2337; Acts 1981, No. 355, § 1; A.S.A. 1947, § 77-1123.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-324 - Consolidation

(a)
(1)
Any two (2) or more corporations may enter into an agreement for the consolidation of the corporations.
(2)
The agreement shall set forth the terms and conditions of the consolidation, the name of the proposed consolidated corporation, the number of its directors, not fewer than three (3), the time of the annual meeting and election, and the names of at least three (3) persons to be directors until the first annual meeting.
(3)
If such an agreement is approved by the votes of a majority of the members of each corporation present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge as incorporators articles of consolidation conforming substantially to original articles of incorporation of a corporation organized under this subchapter.
(b)
(1)
The articles of consolidation shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this subchapter.
(2)
As soon as the Secretary of State shall have accepted the articles of consolidation for filing and recording and issued a certificate of consolidation, the proposed consolidated corporation, described in the articles under its designated name, shall be and become a body corporate, with all the powers of a corporation as originally organized under this subchapter.
Acts 1937, No. 342, § 27; Pope's Dig., § 2341; A.S.A. 1947, § 77-1127.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-325 - Dissolution

(a)
Any corporation may dissolve by majority vote of the members present in person or by proxy at any regular meeting or at any special meeting of its members called for that purpose.
(b)
A certificate of dissolution shall be signed by the president or vice president and attested by the secretary certifying to the dissolution and stating that they have been authorized to execute and file the certificate by vote cast in person or by proxy by a majority of the members of the corporation.
(c)
A certificate of dissolution shall be executed, acknowledged, filed, and recorded in the same manner as the original articles of incorporation of a corporation organized under this subchapter.
(d)
As soon as the Secretary of State has accepted the certificate of dissolution for filing and recording and issued a certificate of dissolution, the corporation shall be deemed to be dissolved.
(e)
(1)
However, the corporation shall continue for the purpose of paying, satisfying, and discharging any existing liabilities or obligations, collecting or liquidating its assets, and doing all other acts required to adjust and wind up its business and affairs. The corporation may sue and be sued in its corporate name.
(2)
Any assets remaining after all liabilities or obligations of the corporation have been satisfied or discharged shall be distributed pro rata among the members of the corporation at the time of the filing of the certificate of dissolution.
(f)
(1)
Any corporation which purports to have been incorporated or reincorporated under this subchapter but which has not complied with all of the requirements for legal corporate existence may nevertheless file a certificate of dissolution in the same manner as a validly existing corporation.
(2)
The certificate of dissolution, in such a case, may be authorized by a majority of the incorporators or directors at a meeting called by any incorporator upon ten (10) days' notice mailed to the last known post office address of each incorporator or director and held at the principal office of the corporation named in the articles of incorporation.
Acts 1937, No. 342, § 28; Pope's Dig., § 2342; A.S.A. 1947, § 77-1128.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-326 - Filing fees

The Secretary of State shall charge and collect for:
(1)
Filing articles of incorporation and issuing a certificate of incorporation - ten dollars ($10.00);
(2)
Filing of articles of amendment and issuing a certificate of amendment - ten dollars ($10.00);
(3)
Filing articles of consolidation and issuing a certificate with respect to consolidation - ten dollars ($10.00); and
(4)
Filing articles of dissolution - one dollar ($1.00).
Acts 1937, No. 342, § 29; Pope's Dig., § 2343; A.S.A. 1947, § 77-1129.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-327 - Nonprofit operation - Use of revenues

(a)
Each corporation shall be operated without profit to its members, but the rates, fees, rents, or other charges for electric energy and any other facilities, supplies, equipment, or services furnished by the corporation shall be sufficient at all times:
(1)
To pay all operating and maintenance expenses necessary or desirable for the prudent conduct of its business and the principal of and interest on the obligations issued or assumed by the corporation in the performance of the purpose for which it was organized; and
(2)
For the creation of reserves.
(b)
The revenues of the corporation shall be devoted first to the payment of operating and maintenance expenses and the principal and interest on outstanding obligations. Thereafter, the revenues shall be devoted to such reserves for improvement, new construction, depreciation, and contingencies as the board may from time to time prescribe.
(c)
Revenues not required for the purposes set forth in subsection (b) of this section shall be returned from time to time to the members on a pro rata basis according to the amount of business done with each during the period either in cash, in abatement of current charges for electric energy, or otherwise as the board determines, but return may be made by way of general rate reduction to members if the board so elects.
(d)
If a corporation organized under this subchapter declares a capital credit and any capital credit remains unclaimed after notice thereof was transmitted to the last known address of the beneficiary of the unclaimed capital credit, the unclaimed capital credit shall not be deemed unclaimed or abandoned property under §
18-28-201
et seq.
Acts 1937, No. 342, § 25; Pope's Dig., § 2339; A.S.A. 1947, § 77-1125; Acts 2003, No. 334, § 1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-328 - Taxation

Electric cooperative corporations organized and formed pursuant to this subchapter shall be subject to the provisions of the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq., and the Arkansas Compensating Tax Act of 1949, §
26-53-101
et seq.
Acts 1969, No. 119, § 2; A.S.A. 1947, § 77-1130.1.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-329 - Annual license fee

Corporations formed pursuant to this subchapter shall pay annually, on or before July 1, to the Secretary of State a fee of ten dollars ($10.00) for each one hundred (100) members or fraction thereof.
Acts 1937, No. 342, § 30; Pope's Dig., § 2344; Acts 1941, No. 414, § 1; 1969, No. 119, § 1; A.S.A. 1947, § 77-1130.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-330 - Exemptions from Arkansas Securities Act

Whenever any corporation organized under this subchapter shall have borrowed money from any federal agency, the obligations issued to secure the payment of such money shall be exempt from the provisions of the Arkansas Securities Act, §
23-42-101
et seq. The provisions of the Arkansas Securities Act, §
23-42-101
et seq., shall not apply to the issuance of membership certificates by any corporation organized under this subchapter.
Acts 1937, No. 342, § 32; Pope's Dig., § 2346; A.S.A. 1947, § 77-1132; Acts 1999, No. 1556, § 17.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 3 - ELECTRIC COOPERATIVE CORPORATION ACT (§§ 23-18-301 — 23-18-331) › Section 23-18-331 - Service in incorporated areas

(a)
(1)
The inclusion by incorporation, annexation, or otherwise of any portion of a rural area assigned to corporations within the limits of an incorporated or unincorporated city, town, or village, regardless of its population, shall not in any respect impair or affect the rights of the corporations under their certificates of convenience and necessity to continue and extend electric service in the included areas.
(2)
Notwithstanding any other provisions of law, the corporations shall be entitled to continue and extend service therein under the same terms and conditions as those contained in the franchise or indeterminate permit of any other supplier of electric service in the city, town, or village the same as though it were a party to the franchise or indeterminate permit.
(b)
(1)
A corporation which serves an area within the limits of any municipality under the terms of this subchapter shall as to that area be subject in all respects to the jurisdiction of the Arkansas Public Service Commission to the same extent and in the same manner as it is subject to such jurisdiction in areas outside the limits of municipalities.
(2)
Any such city, town, or village shall have the same authority to impose taxes, charges, or fees in respect to the business of a corporation conducted within the corporate limits of such city, town, or village as it has in respect to business conducted by other suppliers of electric service.
(c)
Nothing in this section shall in any manner restrict or impair the right of any municipality to acquire, construct, expand, maintain, or operate any electric generation, transmission, or distribution facilities within the corporate limits of the city, town, or village in Arkansas as such limits may now exist or as such limits may exist upon the extension or expansion of the city limits of the city, town, or village.
Acts 1937, No. 342, § 31; Pope's Dig., § 2345; Acts 1955, No. 85, §§ 2, 3; 1957, No. 103, § 2; 1967, No. 234, § 6; A.S.A. 1947, § 77-1131; Acts 1999, No. 1556, § 18.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-401 - Waterpower a part of public domain

All waterpower in this state suitable for the purpose of producing power for all lawful purposes is, and is declared to be, inherent in and a part of the public domain. It shall vest in and be for the use of the State of Arkansas and the people thereof for its and their use and benefit.
Acts 1927, No. 121, § 1; Pope's Dig., § 14473; A.S.A. 1947, § 73-2001.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-402 - Erection of dams to develop electric power

(a)
Any person or corporation organized under the laws of this state for the purpose of producing power for any lawful purpose, who or which has procured a charter from this state for the development and operation of electric power plants from waterpower and owns a natural, practical dam site, or has secured from the United States a license, permit, or authority to erect a dam upon land or a dam site owned by the United States, shall have the right to erect a dam across any navigable or nonnavigable river in this state at that point for the purpose of developing electric power.
(b)
When the person or company is ready to begin the construction of his or her or its dam, it shall file a survey with the Secretary of State and with the county clerk of the counties in which the lands pertaining to the waterpower are situated. This survey shall show the location of his or her or its principal power dam site, or the stream above the power dam and the lands necessary for the development of the waterpower, with an estimate and the engineer's report of the cost of his or her or its dam, spillways, power plant, and all machinery to be used in generating the power, to be verified later by report of actual cost of construction.
(c)
Any person or corporation owning or controlling any dam as provided in this subchapter may be required, in the discretion of the Arkansas Public Service Commission, to construct and keep open a chute over the dam or construction sufficient for the passage of fish either ascending or descending the river or watercourse.
Acts 1927, No. 121, §§ 2-4; Pope's Dig., §§ 14474-14476; A.S.A. 1947, §§ 73-2002 -- 73-2004.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-403 - Application for permit to use power - Compensation

(a)
When a person or corporation is ready to proceed with the construction of his or her or its dam, he or she or it shall present to the Arkansas Public Service Commission his or her or its application for a permit to use the power.
(b)
Upon a hearing of the application, the commission may grant to the person or corporation a permit to erect the dam and use the power, and the commission shall fix a minimum and maximum compensation per horsepower to be received by the corporation for the use of the power so generated.
Acts 1927, No. 121, § 4; Pope's Dig., § 14476; A.S.A. 1947, § 73-2004.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-404 - Limitation on time to begin work - Time allowed to coincide with federal licenses

(a)
All charters and permits granted under this subchapter shall be void unless construction has begun within four (4) years from the date of the permit and has been completed within four (4) years from the date of commencement of construction.
(b)
Whenever the Federal Energy Regulatory Commission grants a final license providing for the development of any waterpower or hydroelectric power project in this state, which license limits the time for commencing construction or for the completion of the project or any part thereof, the Arkansas Public Service Commission is authorized to grant licenses, franchises, and permits with the same limitations as to time for the commencing, construction, or completion of any of the waterpower or hydroelectric power projects and to amend any grants, licenses, franchises, or permits that may have been previously granted or issued to any applicant by the Arkansas Public Service Commission so as to agree in the matter of time and condition with any federal licenses covering the same waterpower or hydroelectric project.
Acts 1927, No. 121, § 17; Pope's Dig., § 14489; A.S.A. 1947, § 73-2018.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-405 - Damages for land taken - Assessment by court

In case any person or corporation building any dam shall not agree with the owners of any lands used for the purpose of the dam or flooded thereby, the court shall assess the damages for the land flooded or taken and also the consequential damages to any lands necessary to the use of the lands taken or flooded and owned by the parties whose lands are taken and flooded.
Acts 1927, No. 121, § 7; Pope's Dig., § 14479; A.S.A. 1947, § 73-2007.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-407 - Eminent domain - Railroad in connection with use or construction of dam

(a)
Where it becomes expedient or necessary to acquire a right-of-way for the purpose of constructing a railroad for use in connection with or to facilitate the construction of the dam, every company authorized to construct hydroelectric dams in the State of Arkansas shall have the power to enter upon, condemn, and appropriate the lands, rights-of-way, easements, and property of persons, firms, or corporations.
(b)
The method or manner of making its survey, laying out its right-of-way, and acquiring its right-of-way, either by contract or condemnation, shall be the same as now provided by law in case of the exercise of the right of eminent domain by telegraph, telephone, and railroad companies.
(c)
It shall be subject to the same duties and liabilities and shall have the same rights as prescribed by law with reference to railroads.
(d)
This section shall not be so construed as to authorize the condemnation of public streets or highways.
Acts 1929, No. 246, § 1; Pope's Dig., § 5060; A.S.A. 1947, § 73-2017.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-408 - Power for public use - Sale to private parties

(a)
The power shall be for public use and shall be sold to private parties desiring it in the order of their application and upon equal terms.
(b)
The power shall be furnished by the person or corporation or its principal powerhouse or central station.
(c)
The power may be applied directly by water or through the instrumentality of electricity or such other agencies as the person or corporation may elect.
Acts 1927, No. 121, § 5; Pope's Dig., § 14477; A.S.A. 1947, § 73-2005.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-409 - Terms and conditions for use of power - Rental - Exception

The Arkansas Public Service Commission shall grant to any person or corporation the right to take and use such power described in this subchapter under the condition that every person or corporation taking and using the power shall pay an annual rental into the State Treasury for the benefit and use of the General Revenue Fund Account of the State Apportionment Fund. This annual rental shall be equal to the rental charged by the Federal Energy Regulatory Commission on such horsepower under its regulations in force at the time the permit is granted by the state. However, if the waterpower is taxable by the federal government under license granted by the Federal Energy Regulatory Commission, no further rental shall be assessed by the Arkansas Public Service Commission.
Acts 1927, No. 121, § 8; Pope's Dig., § 14480; A.S.A. 1947, § 73-2008.
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 1 - PUBLIC UTILITIES AND CARRIERS (§§ 23-1-101 — 23-19-210) › Chapter 18 - LIGHT, HEAT, AND POWER UTILITIES (§§ 23-18-101 — 23-18-1209) › Subchapter 4 - WATERPOWER COMPANIES (§§ 23-18-401 — 23-18-410) › Section 23-18-410 - Tax on power used exclusively for taker's purposes

If any person or corporation taking or using the power shall elect to use the power exclusively for its own use in manufacturing or other purposes named in this subchapter, the Arkansas Public Service Commission shall assess the tax for taking and using the power on the basis of power so taken and used, with the power to be charged for as if it had been sold to private consumers.
Acts 1927, No. 121, § 6; Pope's Dig., § 14478; A.S.A. 1947, § 73-2006.