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2017 Arkansas Code
Title 15 - Natural Resources and Economic Development
Subtitle 1 - Development of Economic and Natural Resources Generally
Chapter 4 - Development of Business and Industry Generally
Subchapter 32 - Arkansas Amendment 82 Implementation Act
§ 15-4-3206. Compliance time period -- Audit requirements
Universal Citation: AR Code § 15-4-3206 (2017)
- (a)
- (1) The Amendment 82 agreement shall specify a time period in which the sponsor must comply with the terms and conditions specified in the Amendment 82 agreement.
- (2) Except as provided in subsection (b) of this section, the time period shall not exceed four (4) years from the date of enactment of related legislation under § 15-4-3203(j).
- (3) If the sponsor does not comply with the applicable time period, then the penalty provisions set forth in the Amendment 82 agreement and under § 15-4-3203(j) shall apply.
- (b) (1) (A) The sponsor may request a one-year extension of the time period specified in the Amendment 82 agreement by submitting to the Executive Director of the Arkansas Economic Development Commission a written request with an explanation as to why the extension is necessary.
- (B) The request shall be submitted at least ninety (90) days before the expiration of the time period specified in the Amendment 82 agreement.
- (2)
- (A) Upon receipt of a request to extend the applicable time period, the executive director shall immediately notify the President of the Arkansas Development Finance Authority, the Chief Fiscal Officer of the State, and the Governor.
- (B) The executive director, the president, and the Chief Fiscal Officer of the State may approve a request for a one-year extension upon a determination that there is a valid economic reason for granting the extension.
- (3) The sponsor shall be granted not more than three (3) one-year extensions of the applicable time period.
- (2)
- (B) The request shall be submitted at least ninety (90) days before the expiration of the time period specified in the Amendment 82 agreement.
- (c)
- (1) The sponsor shall maintain and make available records pertaining to items contained in the terms and agreements of the Amendment 82 agreement for annual audit by the Chief Fiscal Officer of the State and upon request no more often than annually by the Office of Economic and Tax Policy of the Bureau of Legislative Research or a person or entity retained by the office.
- (2) The Arkansas Tax Procedure Act, § 26-18-101 et seq., shall apply to records maintained under this subsection and any audits conducted of the records, including any audit conducted through the office.
- (3) (A) Records obtained or reviewed by the office under this section:
- (i) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under § 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and
- (ii) Are specifically exempt from the requirements of § 25-19-105(a).
- (B) However, a report of the audit shall be presented to the Legislative Council with respect to the status of the applicable qualified Amendment 82 project that details the sponsor's compliance with the provisions of the Amendment 82 agreement.
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