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14-164-303. Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-164-303. Definitions.
As used in this subchapter:
(1) “Bonds” means bonds issued pursuant to this subchapter or under Arkansas Constitution, Amendment 62, if issued prior to the enactment hereof;
(2) “Capital improvements of a public nature” or “capital improvements” for the purposes of Arkansas Constitution, Amendment 62, and this subchapter means whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means:
(A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto;
(B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and
(C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing definition, the following:
(i) City or town halls, courthouses, and administrative, executive, or other public offices;
(ii) Court facilities;
(iii) Jails;
(iv) Police and sheriff stations, apparatus, and facilities;
(v) Firefighting facilities and apparatus;
(vi) Public health facilities and apparatus;
(vii) Hospitals, nursing homes, and other healthcare facilities;
(viii) Facilities for nonprofit organizations engaged primarily in public health, health systems support, safety, disaster relief, and related activities;
(ix) Residential housing for low and moderate income, elderly, or individuals with disabilities and families;
(x) Parking facilities and garages;
(xi) Animal control facilities and apparatus;
(xii) Economic development facilities;
(xiii) Education and training facilities;
(xiv) Auditoriums;
(xv) Stadiums and arenas;
(xvi) Convention,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-164-303
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-164-303
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 0d78b578fbcd76a8a145fafa7cb69a7543cba3fafaf2620cbd708f2e30052a04
Source location: content.xml paragraph 37167
Stored source content
14-164-303. Definitions.
As used in this subchapter:
(1) “Bonds” means bonds issued pursuant to this subchapter or under Arkansas Constitution, Amendment 62, if issued prior to the enactment hereof;
(2) “Capital improvements of a public nature” or “capital improvements” for the purposes of Arkansas Constitution, Amendment 62, and this subchapter means whether obtained by purchase, lease, construction, reconstruction, restoration, improvement, alteration, repair, or other means:
(A) Any physical public betterment or improvement or any preliminary plans, studies, or surveys relative thereto;
(B) Land or rights in land, including, without limitation, leases, air rights, easements, rights-of-way, or licenses; and
(C) Any furnishings, machinery, vehicles, apparatus, or equipment for any public betterment or improvement, which shall include, without limiting the generality of the foregoing definition, the following:
(i) City or town halls, courthouses, and administrative, executive, or other public offices;
(ii) Court facilities;
(iii) Jails;
(iv) Police and sheriff stations, apparatus, and facilities;
(v) Firefighting facilities and apparatus;
(vi) Public health facilities and apparatus;
(vii) Hospitals, nursing homes, and other healthcare facilities;
(viii) Facilities for nonprofit organizations engaged primarily in public health, health systems support, safety, disaster relief, and related activities;
(ix) Residential housing for low and moderate income, elderly, or individuals with disabilities and families;
(x) Parking facilities and garages;
(xi) Animal control facilities and apparatus;
(xii) Economic development facilities;
(xiii) Education and training facilities;
(xiv) Auditoriums;
(xv) Stadiums and arenas;
(xvi) Convention, meeting, or entertainment facilities;
(xvii) Ambulance and other emergency medical service facilities;
(xviii) Civil defense or early warning facilities and apparatus;
(xix) Air and water pollution control facilities;
(xx) Drainage and flood control facilities;
(xxi) Storm sewers;
(xxii) Arts and crafts centers;
(xxiii) Museums and related audiovisual facilities;
(xxiv) Libraries;
(xxv) Public parks, playgrounds, or other public open space;
(xxvi) Marinas;
(xxvii) Swimming pools, tennis courts, golf courses, camping facilities, gymnasiums, and other recreational facilities;
(xxviii) Tourist information and assistance centers;
(xxix) Historical, cultural, natural, or folklore sites;
(xxx) Fair and exhibition facilities;
(xxxi) Streets and street lighting, alleys, sidewalks, roads, bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, pedestrian walkways, and traffic control devices and improvements;
(xxxii) Airports, passenger or freight terminals, hangars, and related facilities;
(xxxiii) Barge terminals, ports, harbors, ferries, wharves, docks, and similar marine services;
(xxxiv) Slack water harbors, water resource facilities, waterfront development facilities, and navigational facilities;
(xxxv) Public transportation facilities;
(xxxvi) Public water systems and related transmission and distribution facilities, storage facilities, wells, impounding reservoirs, treatment plants, lakes, dams, watercourses, and water rights;
(xxxvii) Sewage collection systems and treatment plants;
(xxxviii) Maintenance and storage buildings and facilities;
(xxxix) Incinerators;
(xl) Garbage and solid waste collection disposal, compacting, and recycling facilities of every kind;
(xli) Facilities for the generation, transmission, and distribution of television communications;
(xlii) Gas and electric generation, transmission, and distribution systems, including, without limiting the generality of the foregoing, hydroelectric generating facilities, dams, powerhouses, and related facilities;
(xliii) Social and rehabilitative service facilities;
(xliv) Communications facilities and apparatus;
(xlv) Facilities and apparatus for voice, data, broadband, video, or wireless telecommunications services; and
(xlvi) Energy efficiency facilities and apparatus;
(3) “Chief executive” means the mayor of a municipality or the county judge of a county;
(4) “Clerk” means the clerk or recorder of a municipality or county clerk of a county;
(5) “County” means any county in the State of Arkansas;
(6) [Repealed.]
(7) “Economic development projects” means the land, buildings, furnishings, equipment, facilities, infrastructure, and improvements that are required or suitable for the development, retention, or expansion of:
(A) Manufacturing, production, and industrial facilities;
(B) Research, technology, and development facilities;
(C) Recycling facilities;
(D) Distribution centers;
(E) Call centers;
(F) Warehouse facilities;
(G) Job training facilities;
(H) Regional or national corporate headquarters facilities; and
(I) Sports complexes designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments;
(8) “Infrastructure” means:
(A) Land acquisition;
(B) Site preparation;
(C) Road and highway improvements;
(D) Rail spur, railroad, and railport construction;
(E) Water service;
(F) Wastewater treatment;
(G) Employee training, which may include equipment for such purpose; and
(H) Environmental mitigation or reclamation;
(9) “Issuer” means a municipality or a county;
(10) “Legislative body” means the quorum court of a county or the board of directors, board of commissioners, or similar elected governing body of a city or town;
(11) “Local sales and use tax”, as used in §§ 14-164-327 — 14-164-339, means a tax on the receipts from sales at retail within a municipality or county of all items and services which are subject to taxation under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and a tax on the receipts for storing, using, or consuming tangible personal property or taxable services under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.;
(12) “Municipality” means any city or incorporated town in the State of Arkansas;
(13) “Ordinance” means an ordinance, resolution, or other appropriate legislative enactment of a legislative body; and
(14) “Surface transportation project” means a project that involves the acquisition, construction, reconstruction, widening, extension, or maintenance of streets, alleys, or roadways, including without limitation bridges, viaducts, tunnels, overpasses, underpasses, interchanges, access roads, sidewalks, lighting, pedestrian walkways, curbs, gutters, other drainage structures and improvements, street lighting, traffic control devices and improvements, land and right-of-way acquisitions, and any project related thereto.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-164-327. Capital improvement bonds — Local sales and use tax — Levy.
(a)(1) In lieu of or in addition to the levying of an ad valorem tax to retire bonds for capital improvements or for financing economic development projects, the legislative body of a municipality or county may adopt an ordinance levying a local sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), one percent (1%), or any combination of these amounts to retire the bonds in accordance with the terms of this section and §§ 14-164-328 — 14-164-335.
(2)(A) The ordinance may levy multiple taxes.
(B) However, there shall not be in effect at any one (1) time taxes levied under this subchapter at an aggregate rate greater than one percent (1%).
(b) A certified copy of the ordinance or ordinances authorizing the levy of a local sales and use tax or taxes and the issuance of bonds secured by the taxes shall be provided to the Secretary of the Department of Finance and Administration and to the Treasurer of State as soon as practicable after the adoption of the taxes.
(c) Section 26-74-414(b) does not apply to a local sales and use tax levied by a county under this subchapter for the sole purpose of retiring bonds for capital improvements or economic development projects if all collections derived from the local sales and use tax are pledged by the county to pay the principal and interest of the bonds for capital improvements or economic development projects.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-164-327
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-164-327. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-164-339. Simultaneous pledge of local sales and use tax.
(a)(1) A municipality levying a local sales and use tax under § 26-73-113, § 26-75-201 et seq., or § 26-75-301 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects.
(2) The ballot form in a municipal election to levy a local sales and use tax pursuant to the provisions of § 26-75-208, § 26-75-308, or § 26-73-113 and to simultaneously pledge all or a specified portion of such tax to retire bonds as provided in this subchapter shall be headed with the question of approval or disapproval of such tax and shall be followed by the question or questions of the issuance of the bonds.
(3)(A) The question or questions of the issuance of bonds shall also contain a statement describing the extent to which the tax, if approved, may be pledged to retire the bonds which are approved by the voters of the municipality.
(B) The local sales and use tax or taxes authorized in § 14-164-327 may also be pledged to bonds approved pursuant to this section, and in such case, the question or questions of the issuance of the bonds shall contain a statement to that effect.
(4) The election shall be conducted as provided in § 14-164-309, and the bonds shall be authorized, issued, and secured as provided in this subchapter.
(b)(1) A county levying a local sales and use tax under § 26-73-113, § 26-74-201 et seq., § 26-74-301 et seq., or § 26-74-401 et seq. may pledge, simultaneously with the levy, all or a specified portion of the tax to retire bonds for capital improvements or economic development projects.
(2) The ballot form in a county election to levy a local sales and use tax pursuant to the provisions of § 26-74-
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-164-339
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-164-339. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-52-101. Title.
This chapter shall be known and cited as the “Arkansas Gross Receipts Act of 1941”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-52-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 26-52-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-53-101. Title.
The title of this subchapter shall be cited as the “Arkansas Compensating Tax Act of 1949”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-53-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 26-53-101. This identifies an authority to review, not proof of applicability.