2020 Arkansas Code
Title 8 - Environmental Law
Chapter 15 - Property Assessed Clean Energy Act
§ 8-15-112. Reporting requirement — Collection of assessments

Universal Citation: AR Code § 8-15-112 (2020)
  1. (a)

    1. (1)

      1. (A) By March 1 of each year or upon the creation of a property assessed energy improvement district that uses or intends to use the county collector for collection of district assessments, a district shall file an annual report with the county clerk in any county in which a portion of the district is located.

      2. (B) The annual report required under this section shall be available for inspection and copying by assessed landowners in the district.

      3. (C) The county clerk shall not charge any costs or fees for filing the annual report required under this section.

      4. (D) The district shall deliver a filed copy of the annual report required under this section to the county collector within five (5) days of filing.

    2. (2) The annual report required under this section shall contain the following information as of December 31 of the current calendar year:

      1. (A) A list of contracts, identity of the parties to the contracts, and obligations of the district;

      2. (B) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness, including the following:

        1. (i) The stated payout or maturity date of the indebtedness, if any; and

        2. (ii) The total existing delinquent assessments and the party responsible for the collection;

      3. (C) Identification of each member of the board of directors of the district and each member's contact information;

      4. (D) The date, time, and location for any scheduled meeting of the district for the following year;

      5. (E) The contact information for the district assessor;

      6. (F) Information concerning to whom the county treasurer is to pay district assessments;

      7. (G) An explanation of the applicable statutory penalties, interest, and costs;

      8. (H) The method used to compute district assessments; and

      9. (I) A statement itemizing the income and expenditures of the district, including a statement of fund and account activity for the district.

  2. (b)

    1. (1) A district that does not comply with subsection (a) of this section commits a violation punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense.

    2. (2) A fine recovered under subdivision (b)(1) of this section shall be deposited into the county clerk's cost fund.

  3. (c)

    1. (1) On or before December 31, a district shall file its list of special assessments for the following calendar year with the county clerk.

    2. (2)

      1. (A) After filing the list of special assessments under subdivision (c)(1) of this section, the district shall deliver a copy of the filed list of special assessments to the preparer of the tax books.

      2. (B) If the county collector is not the designated preparer of the tax books, the district shall deliver a copy of the filed list of special assessments to the county collector.

    3. (3) The list of special assessments required under subdivision (c)(1) of this section shall contain:

      1. (A) A list of each parcel with an assessment levied against it within the district; and

      2. (B) The contact information for the district assessor.

    4. (4) The list of special assessments required under subdivision (c)(1) of this section shall not include assessments on parcels that otherwise would not appear on the tax books for the following year.

    5. (5) After the December 31 deadline to file the list of special assessments required under subdivision (c)(1) of this section, the county collector may reject an assessment submitted by the district for inclusion in the list of special assessments.

  4. (d)

    1. (1) After the district files the list of special assessments required under subsection (c) of this section, the county collector shall collect the assessments at the same time the county collector collects the other taxes on the property.

    2. (2) The county collector shall pay the funds collected under subdivision (d)(1) of this section to the county treasurer at the same time that the county collector pays all other taxes to the county treasurer.

    3. (3) The county treasurer shall distribute the funds received under subdivision (d)(2) of this section to the district in the same manner as he or she distributes funds to other tax entities.

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