Ark. Code Ann. § 14-164-701 (2020)

1. It is declared and confirmed that the securing and developing of industry is vital to the economic welfare of the state and its people. To this end, it is necessary that maximum flexibility be given to the Arkansas Development Finance Authority and to the counties and municipalities in the state in their efforts to retain and expand existing industrial facilities and locate new industrial facilities. This task involves the opportunity for the full utilization of the benefits of financing industrial facilities under Arkansas Constitution, Amendment 49 [repealed], and §§ 14-164-201 — 14-164-206, 14-164-208 — 14-164-224, § 14-267-101 et seq., §§ 15-5-101 — 15-5-105, 15-5-207, § 15-5-301 et seq., and the Arkansas Development Finance Authority Bond Guaranty Act of 1985, § 15-5-401 et seq., including the exemption from ad valorem taxation of all industrial facilities that were exempt under Arkansas Constitution, Article 16, § 5, as interpreted by the Supreme Court of Arkansas in Wayland v. Snapp, 232 Ark. 57, 334 S.W.2d 633 (1960).
2. While concerns using industrial bond financing should be encouraged to make payments in lieu of ad valorem taxes, and that is declared to be the general policy of the General Assembly, the final determination of whether these payments are to be made and, if made, in what amounts should be negotiated and contracted by the counties or municipalities in the state and by the industrial concerns involved under § 14-164-704.

History. Acts 1981, No. 497, § 1; A.S.A. 1947, § 13-1616; Acts 2011, No. 813, § 1.

A.C.R.C. Notes. It is questionable whether Ark. Const. Amend. 49 is repealed in whole or whether only those provisions that conflict with Ark. Const. Amend. 62 are repealed by Ark. Const. Amend. 62.

Amendments. The 2011 amendment, in (a), inserted “the Arkansas Development Finance Authority and to,” substituted “14-267-101 et seq.” for “14-267-101 — 14-267-113,” and inserted “§§ 15-5-101 — 15-5-105, § 15-5-207, § 15-5-301 et seq., and § 15-5-401 et seq.”; and added “under § 14-164-704” in (b).