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23-4-805. Exemptions — Certain officials permitted to accept and use passes.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-805. Exemptions — Certain officials permitted to accept and use passes.
(a) Sheriffs are exempt from the provision of § 23-4-803 [repealed], and it shall not be unlawful for railroad companies to furnish free passes to them.
(b) The Commissioner of Elementary and Secondary Education and the Director of the Division of Career and Technical Education and the prosecuting attorneys and judges of the circuit courts of the several judicial districts of this state shall be permitted to accept and use a free pass on any railroad in this state without incurring any penalty prescribed under § 23-4-803 [repealed].
(c) Any county judge or any constable or deputy sheriff within the State of Arkansas is permitted to accept and use a free pass on any railroad in the State of Arkansas without incurring the penalty prescribed in § 23-4-803 [repealed].
(d) No railroad company issuing such a pass shall be liable for the penalty set out in § 23-4-802 or liable to prosecution under any of the laws of the State of Arkansas because of the issuance of the pass.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-805
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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Record provenance
Stable record: arkansas_code:legal_authorities:23-4-805
Source file: gov.ar.code.title.23.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ee4962c9eb890fee22f950118ef56e83c122d05b537d8b2fa69ddbc764d19d8c
Source location: content.xml paragraph 4651
Stored source content
23-4-805. Exemptions — Certain officials permitted to accept and use passes.
(a) Sheriffs are exempt from the provision of § 23-4-803 [repealed], and it shall not be unlawful for railroad companies to furnish free passes to them.
(b) The Commissioner of Elementary and Secondary Education and the Director of the Division of Career and Technical Education and the prosecuting attorneys and judges of the circuit courts of the several judicial districts of this state shall be permitted to accept and use a free pass on any railroad in this state without incurring any penalty prescribed under § 23-4-803 [repealed].
(c) Any county judge or any constable or deputy sheriff within the State of Arkansas is permitted to accept and use a free pass on any railroad in the State of Arkansas without incurring the penalty prescribed in § 23-4-803 [repealed].
(d) No railroad company issuing such a pass shall be liable for the penalty set out in § 23-4-802 or liable to prosecution under any of the laws of the State of Arkansas because of the issuance of the pass.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-802. Granting of free passes to certain government officials prohibited.
(a) No railroad or transportation company organized or doing business in this state under any act of incorporation or general law of this state shall grant any free pass in the cars or other modes of conveyance over the line of any such railroad or transportation company, for any length of time or for any distance, to any officer of this state, legislative, executive, or judicial, whereby any such officer may be transported for any length of time or for any distance over the line of the railroad or transportation company, either free of charge therefor or for a less compensation than that demanded or received from the general public.
(b)(1) Any railroad or transportation company that shall grant any free pass to any such officer in violation of this section shall forfeit and pay for every such offense an amount not less than two hundred dollars ($200) nor exceeding two thousand dollars ($2,000).
(2)(A) The penalty is to be recovered in an action at law brought in the name of the state by the prosecuting attorney thereof in any county of the state through or into which the railroad corporation or transportation company may run its railroad or transportation line.
(B) The prosecuting attorney shall be allowed a fee for his or her services of ten percent (10%) of the amount that may be collected in any suit, in case judgment is rendered for the plaintiff.
(C) The balance and residue of any sums recovered in the suit shall be paid into the county treasury of the county where the suit is brought, to be appropriated to general county purposes in the county.
(D) In any such suit should judgment be rendered for the defendant, the costs of the suit shall be paid by the county.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-802
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 23-4-802. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
23-4-803. [Repealed.]
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-4-803
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 23-4-803. This identifies an authority to review, not proof of applicability.