Ark. Code Ann. § 14-170-201 (2020)
Legislative determination
The tourist industry is legislatively determined to be an industry within the meaning of that term as used in Arkansas Constitution, Amendment 49 [repealed], in that recreation, relaxation, travel, entertainment, cultural development, and other tourism activities of every nature are essential to the health, welfare, safety, progress, and physical and economic well-being of the people. Therefore, this subchapter, and the authorities conferred by it are in implementation of Arkansas Constitution, Amendment 49 [repealed], and necessary for the full accomplishment of the public purposes contemplated by the people in adopting that amendment.
History. Acts 1971, No. 380, § 1; A.S.A. 1947, § 13-1801.
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 Amend. 49 is repealed in whole or whether only those provisions that conflict with Ark.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 Amend. 62 are repealed by Ark.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.
Case Notes
Constitutionality.
Where a city proposed construction of a convention center-hotel complex and sought to finance its share of the cost through issuance of revenue bonds, an election to approve the bonds was not required by former Ark. Const. Amend. 49 (repealed by Ark. Const. Amend. 62, § 11), which required electoral approval of industrial development bonds, and this section, which made tourism an industry within the meaning of former Ark. Const. Amend. 49, since former Ark. Const. Amend. 49 was obviously an extension of Ark. Const., Art. 16, § 1, as amended by former Ark. Const. Amend. 13 (repealed by Ark. Const. Amend. 62, § 20). Where the bonds were to be paid out of revenues derived from the convention center, hotel, and related facilities, issuance of the bonds did not violate Ark. Const. Amend. 20, former Ark. Const. Amends. 13 and 49, or Ark. Const., Art. 16, § 1. Purvis v. Hubbell, 273 Ark. 330, 620 S.W.2d 282 (1981).
Public Purposes.
“Tourism bonds” issued by city pursuant to this subchapter in order to finance construction of a privately-owned motel on city property were not valid, where such bonds were not issued for a purely public purpose pursuant to former Ark. Const., Art. 16, § 1, as amended by former Ark. Const. Amend. 13 (repealed by Ark. Const. Amend. 62, § 11), nor was any public election held. Purvis v. City of Little Rock, 282 Ark. 102, 667 S.W.2d 936 (1984).