reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 23 - PUBLIC UTILITIES AND REGULATED INDUSTRIES (§§ 23-1-101 — 23-119-105) › Subtitle 3 - INSURANCE (§§ 23-60-101 — 23-103-417) › Chapter 103 - TITLE INSURANCE (§§ 23-103-101 — 23-103-417) › Subchapter 4 - ARKANSAS TITLE INSURANCE ACT (§§ 23-103-401 — 23-103-417) › Section 23-103-417 - Access to public records

(a)
A title insurance agent, a title insurance agency, and a person affiliated with a title insurance agency shall:
(1)
Have free access to the instruments of record affecting real property filed in any city, county, or state office; and
(2)
Be permitted to:
(A)
Occupy reasonable space, use equipment, and make memoranda, notations, and copies of instruments of record during the business hours of the city, county, or state office; and
(B)
Compile, post, copy, and maintain books, records, and indices.
(b)
(1)
A title insurance agent, a title insurance agency, and a person affiliated with a title insurance agency has the right of access to any instrument filed of record in a city, county, or state office no later than the close of business of the first business day following the day the instrument was filed.
(2)
A fee shall not be charged for providing access to the instrument.
(c)
As used in this section, "access" means possession of an instrument sufficient to mechanically reproduce the instrument in the office where the instrument is filed.
(d)
(1)
A person entitled to access under this section that is denied access may petition immediately to a circuit court of competent jurisdiction.
(2)
Upon written complaint of a person or an interested party denied a right provided by this section, the circuit court having jurisdiction shall hear the complaint within seven (7) days of the date the complaint is filed.
(3)
(A)
In an action or appeal of an action to enforce the rights granted by this section, the court shall assess against a losing party reasonable attorney's fees and other litigation expenses reasonably incurred by a party that has substantially prevailed unless the court finds that the position of the losing party was substantially justified or that other circumstances make an award of attorney's fees and other litigation expenses unjust.
(B)
Expenses shall not be assessed against the State of Arkansas or any of its agencies or departments.
(C)
If at trial a defendant has substantially prevailed in the action, the court may assess attorney's fees and litigation expenses against a plaintiff only upon a finding that the action was initiated primarily for frivolous or dilatory purposes.
Acts 2009, No. 1190, § 13.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-110-101 — 23-110-105) › Section 23-110-101 - Title

This chapter shall be referred to and may be cited as the "Arkansas Horse Racing Law".
Acts 1957, No. 46, § 1; A.S.A. 1947, § 84-2727.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-110-101 — 23-110-105) › Section 23-110-102 - Inconsistent statutes inapplicable

Section
5-66-116
and all other acts and parts of acts inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person, partnership, group, association, trust, or corporation engaged or participating in racing, or making or contributing to the pari-mutuel or certificate method of wagering, in manner and form as provided for by this chapter, at any race meeting held or conducted by any franchise holder having a license for the holding or conducting of race meetings as provided by this chapter.
Acts 1957, No. 46, § 29; A.S.A. 1947, § 84-2755.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-110-101 — 23-110-105) › Section 23-110-103 - Construction

Nothing contained in this chapter shall in any way be construed to apply to any other method or manner of racing except the racing of horses as provided in this chapter.
Acts 1957, No. 46, § 28; A.S.A. 1947, § 84-2754.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-110-101 — 23-110-105) › Section 23-110-104 - Disposition of license fees, fines, etc

(a)
All permits or license fees, excise or privilege taxes, penalties, fines, costs, and other amounts received by the Arkansas Racing Commission under the provisions of this chapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund.
(b)
The Treasurer of State shall allocate and transfer the general revenues referred to in subsection (a) of this section to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, §
19-5-101
et seq.
(c)
(1)
However, any increase in the amount designated by the commission for licensing fees after January 1, 2017, shall be returned to and deposited into a cash fund of the Racing Division.
(2)
With the approval of the commission, funds deposited into the cash fund under subdivision (c)(1) of this section shall be used to pay for drug testing or other expenses related to the regulation of horse racing in Arkansas.
Amended by Act 2017, No. 425,§ 1, eff. 8/1/2017.
Acts 1957, No. 46, § 30; A.S.A. 1947, § 84-2756.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-110-101 — 23-110-105) › Section 23-110-105 - Racing passes

(a)
The Secretary of the Department of Finance and Administration shall set a maximum number of racing passes to be printed and issued annually, and it shall not be less than the number printed in 1990.
(b)
(1)
Racing passes provided to and accepted by members of the General Assembly and constitutional officers are to be distributed by them to:
(A)
Their constituents, in order to provide a statewide distribution of the racing passes; and
(B)
Persons residing outside the State of Arkansas, in order to promote tourism and advance the economic interests of the state.
(2)
The passes provided to the members of the General Assembly and constitutional officers are not for their personal use but are for redistribution as provided in this section and therefore do not constitute gifts or compensation to members of the General Assembly and constitutional officers for the purposes of any law of this state.
(c)
This section does not prohibit members of the General Assembly and constitutional officers from redistributing racing passes to other members of the General Assembly or other state constitutional officers.
Amended by Act 2019, No. 910,§ 3513, eff. 7/1/2019.
Acts 1991, No. 1117, § 5; 1993, No. 341, § 5; 1995, No. 7, § 6; 1997, No. 73, § 6; 2001, No. 61, § 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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-110-201 — 23-110-205) › Section 23-110-201 - Arkansas Racing Commission - Creation - Members

(a)
A commission consisting of seven (7) members, to be known as the "Arkansas Racing Commission", is created and established.
(b)
The members of the commission shall be appointed by the Governor for terms of five (5) years. The term of office shall commence on January 15 and shall end on January 14 of the fifth year following the year in which that regular term commenced.
(c)
Any vacancies arising in the membership of the commission for any reason other than the expiration of the regular terms for which the members were appointed shall be filled by appointment by the Governor, to be thereafter effective until the expiration of the regular term.
(d)
(1)
Each congressional district shall be represented on the commission.
(2)
Each member of the commission shall have been a resident of Arkansas for not less than ten (10) years next preceding the date of his or her appointment and shall be a qualified voter at the time of his or her appointment.
(3)
No person who is officially connected with, employed by, financially interested in, or related to, within the third degree of consanguinity or affinity, any officer or stockholder of an applicant for, or any officer or stockholder of a holder of, a franchise applied for or issued under or pursuant to the provisions of this chapter shall be eligible to serve as a member of the commission.
(e)
The Governor shall have the right to remove any member of the commission for cause.
(f)
Before entering upon his or her duties, each member of the commission shall take, subscribe, and file in the office of the Secretary of State an oath to support the United States Constitution and the Arkansas Constitution and to faithfully perform the duties of the office upon which he or she is about to enter.
(g)
Members of the commission shall not receive compensation for their services, but, within the limitations of appropriations made available by the General Assembly, each member may receive expense reimbursement and stipends in accordance with §
25-16-901
et seq.
Amended by Act 2015, No. 300,§ 1, eff. 3/4/2015.
Acts 1957, No. 46, §§ 2-4, 7; 1965, No. 176, § 1; 1975, No. 912, § 1; 1981, No. 776, § 5; A.S.A. 1947, §§ 84-2728 -- 84-2730, 84-2733, 84-2733.1; Acts 1997, No. 250, § 226.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-110-201 — 23-110-205) › Section 23-110-202 - Officers

(a)
The Governor shall from time to time select from the membership of the Arkansas Racing Commission a chair and a vice chair.
(b)
(1)
The Secretary of the Department of Finance and Administration shall be ex officio director of the commission unless the Governor shall designate another person from the Revenue Division of the Department of Finance and Administration to serve in that capacity, but the Director of the Arkansas Racing Commission shall not be a member of the commission nor shall he or she have a vote on matters coming before it.
(2)
The Director of the Arkansas Racing Commission shall be the commission's executive officer and shall administer the provisions of this chapter and the rules and orders established under this chapter.
(3)
By resolution duly adopted, the commission may delegate to the Director of the Arkansas Racing Commission any of the powers or duties vested in or imposed upon the commission by this chapter, and the delegated powers and duties may be exercised by the Director of the Arkansas Racing Commission in the name of the commission.
(4)
The Director of the Arkansas Racing Commission shall be custodian of all property held in the name of the commission and shall be the ex officio disbursing agent of all funds available for its use.
(5)
The Director of the Arkansas Racing Commission shall furnish bond to the state, with a corporate surety thereon, in the penal sum of twenty-five thousand dollars ($25,000), conditioned that he or she will faithfully perform his or her duties of office and properly account for all funds received and disbursed by him or her as Director of the Arkansas Racing Commission.
(6)
Within such limitations as may be provided by appropriations therefor, the Director of the Arkansas Racing Commission may employ such assistants and other personnel as are, in his or her opinion, necessary to properly administer the provisions of this chapter.
Amended by Act 2019, No. 315,§ 2814, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3514, eff. 7/1/2019.
Acts 1957, No. 46, §§ 5, 6; A.S.A. 1947, §§ 84-2731, 84-2732.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-110-201 — 23-110-205) › Section 23-110-203 - Proceedings

(a)
(1)
All meetings of the Arkansas Racing Commission shall be public, and it shall keep a complete record of its transactions, findings, and determinations.
(2)
The rules may provide for regular meetings and may provide for special meetings at the call of the Chair of the Arkansas Racing Commission or of the Vice Chair of the Arkansas Racing Commission if the vice chair becomes for any reason the acting chair, either at his or her own instance or upon the written request of at least three (3) members.
(3)
Meetings shall be held at such place as in each instance may suit the commission's convenience.
(b)
(1)
A quorum for the transaction of business shall consist of not fewer than three (3) members present at any regular or special meeting, and the affirmative vote of that number shall be necessary for the disposition of any business.
(2)
Voting by proxy is prohibited.
Acts 1957, No. 46, § 5; 1965, No. 176, § 2; A.S.A. 1947, § 84-2731.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-110-201 — 23-110-205) › Section 23-110-205 - Hearings

(a)
(1)
In the event any franchise holder or person is aggrieved by any action of the Arkansas Racing Commission, he or she shall be entitled to a hearing by the commission.
(2)
(A)
The hearing shall be held at such place in the State of Arkansas and at such time as the commission may designate.
(B)
Notice shall be served on the parties affected by mailing to those parties by registered United States mail the notice of the time and place that the hearing will be held.
(3)
In conducting the hearing, the commission shall not be bound by technical rules of evidence.
(4)
(A)
Any of the parties affected by the hearing may be represented by counsel and shall have the right to introduce evidence.
(B)
In its discretion, the commission may likewise be represented by counsel at the hearing, and the counsel shall participate in the conduct of the hearing for and on behalf of the commission.
(b)
(1)
(A)
For purposes of conducting the hearing, the commission shall have the power to administer oaths, issue subpoenas, and compel the attendance and testimony of witnesses.
(B)
Any person who has been served with a subpoena to appear and testify issued by the commission in the course of an inquiry or hearing conducted under the provisions of this chapter and who refuses or neglects to appear or testify relative to the hearing as commanded in the subpoena shall be guilty of a violation and upon conviction shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(2)
In connection with any hearing, the commission or the aggrieved may cause the deposition of witnesses within or without the state to be taken in the manner prescribed by existing statutes for the taking of depositions in this state.
(c)
All hearings shall be held before at least three (3) members of the commission, and the concurrence of at least three (3) members of the commission shall be necessary for any finding or order.
(d)
(1)
At the conclusion of the hearing, the commission shall make its findings to be the basis for the action taken by the commission.
(2)
The findings and order shall be subject to review in Pulaski County Circuit Court, from which an appeal may be taken to the Supreme Court.
Acts 1957, No. 46, § 19; 1965, No. 176, § 3; A.S.A. 1947, § 84-2745; Acts 2005, No. 1994, § 154.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 3 - FRANCHISES GENERALLY (§§ 23-110-301 — 23-110-308) › Section 23-110-301 - Horse racing permitted - Limitations

(a)
(1)
Horse racing may be conducted in all political subdivisions of the State of Arkansas, in addition to the City of Hot Springs, Garland County, Arkansas, where horse racing has been made lawful by Arkansas Constitution, Amendment 46, but only by the holder of a franchise granted by the Arkansas Racing Commission.
(2)
The commission may grant a franchise only to a corporation organized under the laws of this state.
(b)
(1)
Franchises may not be granted by the commission to individuals, partnerships, associations, trusts, or to any others except corporations as provided in this section.
(2)
However, in the event that the limitations contained in subdivision (b)(1) of this section are declared unconstitutional, then the commission may grant franchises to individuals, partnerships, associations, trusts, and corporations.
(c)
Wherever the word "corporation" shall appear in this chapter, it shall be deemed to include the enumeration in subdivision (b)(2) of this section in the event of any declaration of unconstitutionality.
(d)
The commission may not grant more than one (1) franchise for conducting horse racing meets in a single county.
(e)
No franchise or temporary franchise shall be granted whenever the cost of the plant proposed to be constructed, including lands, buildings, facilities, and equipment, shall be less than three million dollars ($3,000,000).
Acts 1957, No. 46, §§ 9, 11; A.S.A. 1947, §§ 84-2735, 84-2737.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 3 - FRANCHISES GENERALLY (§§ 23-110-301 — 23-110-308) › Section 23-110-303 - Approval of electors required

The Arkansas Racing Commission shall not be authorized to grant, nor shall it grant, a franchise to any corporation to conduct horse racing in any county in this state unless the commission has been authorized to grant the franchise as expressed by the approval of a majority of the qualified electors of the state voting on the proposition at the regular statewide biennial general election, as set forth in this chapter.
Acts 1957, No. 46, § 10; 1961, No. 57, § 1; 1965 (2nd Ex. Sess.), No. 8, § 1; A.S.A. 1947, § 84-2736.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 3 - FRANCHISES GENERALLY (§§ 23-110-301 — 23-110-308) › Section 23-110-306 - Subsequent referendum elections

(a)
After the elapse of not less than two (2) years next following the date of any election conducted pursuant to §
23-110-304
, upon petitions filed with it containing the signatures of qualified electors of the county of not less than fifteen percent (15%) of the total number voting in the election for county clerk of the county at the next preceding general election, together with a sum of money estimated by the county board of election commissioners as sufficient to pay all expenses of the election, the board shall call a special election in accordance with §
7-11-201
et seq. on the proposition of continuing horse racing in the county.
(b)
(1)
The proposition printed on the ballot shall be "FOR Horse Racing" and "AGAINST Horse Racing".
(2)
By published notice, the board shall proclaim the results of the election and shall also certify the results to the commission.
(3)
All contests in relation to the results of the election shall be commenced within twenty (20) days next following the date of publication of notice as given pursuant to this subsection.
(c)
If a majority of the qualified electors of the county voting on the question shall disapprove the continuance of horse racing, the franchise held by the corporation shall, ipso facto, be null and void as of the final date on which a contest of the results of the election may be commenced or, in the event of contest, upon the date of final determination of the issue.
Acts 1957, No. 46, § 14; A.S.A. 1947, § 84-2740; Acts 2005, No. 2145, § 60; 2007, No. 1049, § 82; 2009, No. 1480, § 100.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 3 - FRANCHISES GENERALLY (§§ 23-110-301 — 23-110-308) › Section 23-110-307 - Franchise granted prior to July 1, 1957

(a)
Any franchise granted prior to July 1, 1957, to conduct horse racing in this state is validated, and the action of the authority granting the franchise is ratified and confirmed.
(b)
Whether or not the franchise has been granted for a definite period of time, the holder of such a franchise shall, upon the payment of an additional franchise fee in the amount of ten thousand dollars ($10,000) and the surrender of the franchise now held by it, be granted by the Arkansas Racing Commission a franchise for horse racing in the county covered by the surrendered franchise. This franchise shall continue in effect so long as the holder thereof shall comply with all applicable laws of this state relating to horse racing or until the rights thereunder shall terminate by operation of law making horse racing unlawful in the area covered by the franchise or until the forfeit of the franchise by the holder thereof.
Acts 1957, No. 46, § 10; A.S.A. 1947, § 84-2736.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 3 - FRANCHISES GENERALLY (§§ 23-110-301 — 23-110-308) › Section 23-110-308 - Employees

(a)
(1)
Each franchise holder under this chapter shall require each of its employees to complete a written application for employment. Among other things, the application shall state:
(A)
Whether the applicant is a registered voter in Arkansas; and
(B)
If the applicant is a registered voter in Arkansas, the date on which the applicant became a registered voter in Arkansas.
(2)
Each application shall be signed by the applicant. If the information contained in the application is false, then the applicant shall be guilty of a misdemeanor and upon conviction shall be fined in an amount of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
(b)
(1)
At least eighty percent (80%) of the employees of each franchise holder under this chapter shall be registered voters in Arkansas, excluding employees in the franchise holder's pari-mutuel department and the following professional racing officials:
(A)
Stewards;
(B)
Judges;
(C)
Racing secretary;
(D)
Starter;
(E)
Clerk of scales;
(F)
Paddock judge;
(G)
Patrol judges; and
(H)
Identifier.
(2)
At least sixty percent (60%) of the employees in the franchise holder's pari-mutuel department shall be registered voters in Arkansas.
(c)
(1)
The Arkansas Racing Commission is authorized to examine the applications of all employees of any franchise holder, and if the franchise holder is found by the commission to have fewer than the required number of employees who are registered voters in Arkansas, then the franchise holder shall be allowed forty-eight (48) hours, when so ordered by the commission, to make the necessary adjustments in its employees so as to be in compliance with this section.
(2)
In the event the franchise holder fails or refuses to comply with a commission order, then it shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
Acts 1969, No. 280, §§ 1-3; A.S.A. 1947, §§ 84-2761 -- 84-2763; Acts 2005, No. 1994, § 155.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-401 - Accordance with license required

(a)
Any franchise holder or any person aiding or abetting in the holding or conducting of any horse racing meet at which horse racing shall be permitted for any stake, purse, or reward, except in accordance with a license duly issued as provided in this subchapter, shall be guilty of a Class A misdemeanor for each such offense.
(b)
For the purposes of this subchapter, each day of racing in violation of the provisions of this chapter shall be considered as a separate and distinct offense.
Acts 1957, No. 46, § 21; A.S.A. 1947, § 84-2747; Acts 2005, No. 1994, § 361.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-406 - Disposition of wagering money - Payment to winning bettors required - Exceptions

(a)
Excepting only the moneys retained for the use and benefit of the franchise holder, the amounts paid to the Arkansas Racing Commission for the use and benefit of the State of Arkansas, the amount paid to the commission for deposit into the Arkansas Racing Commission Purse and Awards Fund, and the amount paid to a city, town, or county as provided in this subchapter, all moneys received by the franchise holder from wagers pursuant to this subchapter shall be paid over to bettors holding winning pari-mutuel tickets in accordance with the provisions and at the times specified in the various race programs written by the franchise holder for the racing meet, as their respective interests may appear, upon presentation of those tickets.
(b)
However, all winning pari-mutuel tickets not presented to the franchise holder for redemption on or before the one hundred eightieth day next following the last racing day of each racing meet hereafter held shall be void. Of the moneys represented by void pari-mutuel tickets, the franchise holder shall forthwith distribute the proceeds as follows:
(1)
One-third (1/3) of the amount thereof shall be retained by the franchise holder for its own use and benefit;
(2)
One-third (1/3) of the amount thereof shall be paid to the commission for deposit in the State Treasury as general revenues; and
(3)
One-third (1/3) of the amount thereof shall be paid to the treasurer of the county in which the racing track is located for credit to the general fund of the county.
Acts 1957, No. 46, § 23; 1965, No. 142, § 1; 1967, No. 130, § 3; 1973, No. 780, § 1; 1983, No. 251, §§ 2, 3; 1985 (1st Ex. Sess.), No. 27, §§ 2, 3; 1985 (1st Ex. Sess.), No. 36, § 2; A.S.A. 1947, § 84-2749.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-409 - Disposition of wagering money - Arkansas Racing Commission Purse and Awards Fund

(a)
The Arkansas Racing Commission Purse and Awards Fund shall be deposited by the Arkansas Racing Commission in such banks as the commission shall determine.
(b)
(1)
In order to promote and encourage the development of thoroughbred horse breeding in Arkansas with its attendant economic benefits to the state and its citizens, moneys in the fund are classified as special revenues and shall be disbursed by the commission for purse supplements and breeders' awards in accordance with a written program prepared and presented to it by the Arkansas Thoroughbred Breeders' and Horsemen's Association.
(2)
Breeders' awards may include awards to owners of registered Arkansas-bred thoroughbred horses, owners of registered Arkansas thoroughbred broodmares, and owners of registered Arkansas thoroughbred stallions.
(3)
Registered Arkansas-bred thoroughbred horses, registered Arkansas thoroughbred broodmare, registered Arkansas thoroughbred stallion, foal registration, broodmare registration and stallion registration, eligibility to participate in the fund, and eligibility to participate in races that are restricted to registered Arkansas-bred thoroughbred horses shall be determined and made in accordance with registration rules, including reasonable time deadlines and fee schedules, adopted by the Arkansas Thoroughbred Breeders' and Horsemen's Association and approved by the commission.
(c)
The franchise holder shall be solely responsible for writing the various races for each racing meet.
Amended by Act 2019, No. 315,§ 2817, eff. 7/24/2019.
Acts 1957, No. 46, § 23; 1967, No. 130, § 3; 1983, No. 251, §§ 2, 3; A.S.A. 1947, § 84-2749; Acts 1988 (3rd Ex. Sess.), No. 14, § 1; 1989, No. 12, § 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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-410 - Disposition of wagering money - Breaks

(a)
(1)
Breaks shall be computed on the basis of ten cents (10¢) on the dollar, and the odd cents or breaks are classified as special thoroughbred horse racing fees to be deposited and used as provided in this section.
(2)
Provided, in the event of a minus pool, the Arkansas Racing Commission shall have the authority to establish the minimum payout on winning wagers.
(b)
During the first racing meet in any calendar year, the franchise holder shall withhold and pay the breaks to the following recipients for the purposes specified in this subsection:
(1)
Forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the city or town in which the racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then forty-eight and twenty-five hundredths percent (48.25%) of the breaks shall be paid to the county in which the racing meet is conducted;
(2)
Eleven and seventy-five hundredths percent (11.75%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county; and
(3)
The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit.
(c)
During the second and any subsequent racing meet in any calendar year, the franchise holder shall withhold and pay the breaks to the following recipients for the purposes specified in this subsection:
(1)
Twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the city or town in which any racing meet is conducted, or, if the racing meet is not conducted within the corporate limits of a city or town, then twenty-four and one hundred twenty-five thousandths percent (24.125%) of the breaks shall be paid to the county in which the racing meet is conducted;
(2)
Five and eight hundred seventy-five thousandths percent (5.875%) of the breaks shall be paid to the county in which the racing meet is conducted, whether or not the racing meet is conducted within the corporate limits of a city or town in the county;
(3)
Thirty percent (30%) of the breaks shall be paid to the State of Arkansas; and
(4)
The remaining forty percent (40%) of the breaks shall be withheld and retained by the franchise holder for its own use and benefit.
Acts 1957, No. 46, § 23; 1967, No. 130, § 3; 1979, No. 733, § 1; 1983, No. 251, §§ 2, 3; A.S.A. 1947, § 84-2749; Acts 1987, No. 440, § 4; 1999, No. 10, § 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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-411 - Admission tax

(a)
Each franchise holder authorized to conduct a race meet under this chapter shall pay to the Arkansas Racing Commission for the use and benefit of the State of Arkansas either ten percent (10%) of all moneys received each day from admissions paid by persons attending the races at the meeting or the sum of ten cents (10¢) on each and every paid admission, whichever sum is the greater. All payments provided in this section shall be made each day of any and every race meeting.
(b)
(1)
The issuance of all tax-free passes shall be by the franchise holder or its employees or agents. The commission shall have no authority over the issuance or distribution of such passes.
(2)
It shall be unlawful for any person, corporation, firm, partnership, or any other entity to sell or offer for sale, for any consideration, any tax-free pass issued by the commission for general admission to the racing facility of any franchise holder.
(3)
Any person, corporation, firm, partnership, or other entity that sells or offers for sale tax-free passes shall be guilty of a Class B misdemeanor upon conviction for each such offense.
Acts 1957, No. 46, § 24; A.S.A. 1947, § 84-2750; Acts 1991, No. 664, § 1; 1991, No. 1020, § 1; 1999, No. 1508, §§ 7, 10; 2005, No. 1994, § 239.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-412 - Record keeping by franchise holder - Audit

(a)
Every franchise holder conducting race meets under this chapter shall keep its books and records so as to clearly show the true number of admissions, the total amount of money contributed to each pari-mutuel pool on each race separately, and the amount of money received daily from admission fees.
(b)
Within thirty (30) days after the conclusion of every race meeting, the franchise holder shall submit to the Arkansas Racing Commission a complete audit of receipts and admissions.
(c)
Each franchise holder conducting a racing meet under the provisions of this chapter shall keep its books and records in such manner as to clearly show the total amount of moneys wagered on each race held or conducted at each meet and the disposition of those moneys.
Acts 1957, No. 46, §§ 23, 25; A.S.A. 1947, §§ 84-2749, 84-2751; Acts 1987, No. 440, § 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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-413 - Access to meets, books, records, etc

(a)
The Arkansas Racing Commission shall at all times have access to any portion of the space or enclosure where a race meet is held, including the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised at any racing meet, for the purpose of ascertaining whether or not the franchise holder is retaining only the commission provided in this chapter.
(b)
The commission shall have full and free access to the books, records, machines, and papers pertaining to pari-mutuel or certificate method of wagering, and admission tickets.
(c)
The commission may also at any time investigate and ascertain whether or not any of the provisions of this chapter or the rules of the commission are being violated at the race track or enclosure.
Amended by Act 2019, No. 315,§ 2818, eff. 7/24/2019.
Acts 1957, No. 46, § 27; A.S.A. 1947, § 84-2753.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-414 - Franchise holder required to give bond

Every franchise holder to which a license may be granted under this chapter at its own cost and expense shall, before the license is delivered, give a bond in the penal sum of fifty thousand dollars ($50,000), payable to the Arkansas Racing Commission, with a surety to be approved by the commission, conditioned to faithfully make the payments to the commission provided for in this chapter and to keep its books and records and make reports herein provided and to conduct its race meets in conformity with the provisions of this chapter.
Acts 1957, No. 46, § 26; A.S.A. 1947, § 84-2752.
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 110 - ARKANSAS HORSE RACING LAW (§§ 23-110-101 — 23-110-415) › Subchapter 4 - CONDUCT OF MEETS (§§ 23-110-401 — 23-110-415) › Section 23-110-415 - Failure to pay tax

(a)
Any franchise holder failing or refusing to pay the amount found to be due the Arkansas Racing Commission from any tax provided for or imposed by this chapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000), in addition to the amount due from the franchise holder as provided in this chapter.
(b)
All fines paid into any court of this state by a franchise holder found guilty of violating this section shall be paid over by the clerk of the court to the commission within ten (10) days after it has been paid to the clerk by the franchise holder.
Acts 1957, No. 46, § 26; A.S.A. 1947, § 84-2752; Acts 2005, No. 1994, § 156.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-111-101 — 23-111-105) › Section 23-111-101 - Title

This chapter shall be referred to and may be cited as the "Arkansas Greyhound Racing Law".
Acts 1957, No. 191, § 1; A.S.A. 1947, § 84-2816.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-111-101 — 23-111-105) › Section 23-111-102 - Applicability

Nothing contained in this chapter shall in any way be construed to apply to any other method or manner of racing except the racing of greyhounds as provided in this chapter.
Acts 1957, No. 191, § 25; A.S.A. 1947, § 84-2840.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-111-101 — 23-111-105) › Section 23-111-103 - Inconsistent statutes inapplicable

All other acts and parts of acts inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person, partnership, group, association, trust, or corporation engaged or participating in racing or making or contributing to the pari-mutuel or certificate method of wagering in manner and form as provided for by this chapter at any race meeting held or conducted by any franchise holder having a license for the holding or conducting of the race meetings as provided by this chapter.
Acts 1957, No. 191, § 26; A.S.A. 1947, § 84-2841.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-111-101 — 23-111-105) › Section 23-111-104 - Disposition of funds

(a)
All franchise or license fees, excise or privilege taxes, penalties, fines, costs, and other amounts received by the Arkansas Racing Commission under the provisions of this chapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund.
(b)
The Treasurer of State shall allocate and transfer the money to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by, and to be used for the respective purposes set forth in, the Revenue Stabilization Law, §
19-5-101
et seq.
(c)
(1)
However, any increase in the amount designated by the commission for licensing fees after January 1, 2017, shall be returned to and deposited into a cash fund of the Racing Division.
(2)
With the approval of the commission, funds deposited into the cash fund under subdivision (c)(1) of this section shall be used to pay for drug testing or other expenses related to the regulation of dog racing in Arkansas.
Amended by Act 2017, No. 425,§ 3, eff. 8/1/2017.
Acts 1957, No. 191, § 27; A.S.A. 1947, § 84-2842.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 1 - GENERAL PROVISIONS (§§ 23-111-101 — 23-111-105) › Section 23-111-105 - Racing passes

(a)
The Secretary of the Department of Finance and Administration shall set a maximum number of racing passes to be printed and issued annually, and it shall not be fewer than the number printed in 1990.
(b)
(1)
Racing passes provided to and accepted by members of the General Assembly and constitutional officers are to be distributed by them to their constituents in order to provide for a statewide distribution of the racing passes and to persons residing outside the State of Arkansas in order to promote tourism and advance the economic interests of the state.
(2)
The passes provided to the members of the General Assembly and constitutional officers are not for their personal use but are for redistribution as provided in this section and, therefore, do not constitute gifts or compensation to members of the General Assembly and constitutional officers for the purposes of any law of this state.
(3)
This section does not prohibit members of the General Assembly and constitutional officers from redistributing racing passes to other members of the General Assembly or other state constitutional officers.
Amended by Act 2019, No. 910,§ 3515, eff. 7/1/2019.
Acts 1991, No. 1117, § 5; 1993, No. 341, § 5; 1995, No. 7, § 6; 1997, No. 73, § 6; 2001, No. 408, § 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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-111-201 — 23-111-205) › Section 23-111-201 - Jurisdiction of Arkansas Racing Commission

(a)
All references to "commission" in this chapter mean the Arkansas Racing Commission or its successor having jurisdiction over thoroughbred horse racing in this state.
(b)
In addition to all other duties, powers, and responsibilities conferred upon it by other laws of this state, the commission shall exercise duties, powers, and responsibilities over greyhound racing as authorized in this chapter.
Acts 1957, No. 191, § 2; A.S.A. 1947, § 84-2817.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-111-201 — 23-111-205) › Section 23-111-202 - Membership

No person who is officially connected with, employed by, financially interested in, or related within the third degree of consanguinity or affinity to any officer or stockholder of an applicant for, or any officer or stockholder of a holder of, a franchise applied for or issued under or pursuant to the provisions of this chapter shall be eligible to serve as a member of the Arkansas Racing Commission having authority to administer this chapter.
Acts 1957, No. 191, § 3; A.S.A. 1947, § 84-2818.
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 111 - ARKANSAS GREYHOUND RACING LAW (§§ 23-111-101 — 23-111-518) › Subchapter 2 - ARKANSAS RACING COMMISSION (§§ 23-111-201 — 23-111-205) › Section 23-111-204 - Regulatory authority - Limitations

(a)
The Arkansas Racing Commission shall have full, complete, and sole power and authority to promulgate rules and orders and prescribe conditions under which greyhound racing shall be conducted by a franchise holder, but the power and authority so granted shall be exercised by the commission in a reasonable manner. The holder of any franchise, or any taxpayer, shall have redress to the Pulaski County Circuit Court for any wrong committed by the commission in the exercise of the power and authority granted pursuant to this section.
(b)
(1)
The commission shall have no right or power to determine who shall be officers or employees of any franchise holder.
(2)
However, the commission may by rule require that all officers and employees, or agents, of the franchise holder who are in charge of, or whose duties relate directly to, the running of races, and the handling of any funds which may be wagered on any race, be approved by the commission.
(3)
The commission may compel the discharge of any official, employee, or agent of the franchise holder who fails or refuses to comply with the rules or orders of the commission or who, in the opinion of the commission, is guilty of fraud or dishonesty.
Amended by Act 2019, No. 315,§ 2819, eff. 7/24/2019.
Acts 1957, No. 191, § 12; A.S.A. 1947, § 84-2827.