It is the intent of the General Assembly that the creation of the Development and Enhancement Fund is necessary to provide a mechanism to disburse funds for:
“(1)
Various construction and improvement projects;
“(2)
Unforeseen needs;
“(3)
Funding deficiencies; and
“(4)
The completion of projects previously funded by the General Assembly.”
Amendments.
The 2019 amendment by No. 82 added “or its successor fund or fund accounts, including the Development and Enhancement Fund” in (a), and made a stylistic change.
The 2019 amendment by No. 910 substituted “Secretary” for “Director” in (a).
Case Notes
Allocation of Funds.
In a misappropriation of “public funds” case, where taxpayer challenged the constitutionality of two appropriation bills, Acts 1997, Nos. 413 and 672, and alleged that all appropriations made under the bills constituted illegal exactions in violation of Ark. Const. Art. V, § 29, the trial court did not err in applying the defense of good faith because the Acts were presumed valid and penalties should not be imposed on state officials or citizens for doing likewise; further, in the five-year span between the filing of the lawsuit and the trial court's order, the Economic Development of Arkansas Fund Commission had been abolished and all monies appropriated through the Commission were spent, thus, neither injunctive relief nor restitution were proper remedies and the taxpayer's claims were moot. White v. Ark. Capital Corp./Diamond State Ventures, 365 Ark. 200, 226 S.W.3d 825 (2006).
Chapter 60
Real Property Transfer Tax
Effective Dates.
Acts 1971, No. 275, § 12: Mar. 15, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 239 of 1969 provided revenues for the State Parks, Recreation and Travel Commission and the Arkansas Children's Colony Board; that a decision of the Arkansas Supreme Court has delayed these agencies in utilizing said funds; that there is immediate need for these funds particularly in the construction, repair and improvements of the public parks system and the Arkansas Children's Colonies; and that only by the immediate passage of this Act may said funds be immediately available to be appropriated by the Sixty-Eighth General Assembly. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1971, No. 398, § 3: Mar. 26, 1971. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 275 of 1971, the Real Estate Transfer Tax Act, provides for the sale of documentary stamps to evidence the payment of the tax by the County Recorder rather than by the local offices of the State Revenue Department; that this additional duty placed upon the Recorder will increase the work load of the Recorder's office significantly and places a severe hardship on the various County Recorders throughout the State and should be revised immediately so as to provide for the sale of documentary stamps by the various local offices of the State Revenue Department. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1975, No. 992, § 3: Apr. 11, 1975. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the present law levying the real estate transfer tax has been interpreted to include timber deeds which convey or grant the right to sever and remove timber from lands; that the application of the real estate transfer tax to such timber deeds create an unusual and unreasonable tax burden on timber land owners in this State and that it is in the best interest of the continued growth and development of the wood products industry in the State that timber deeds conveying the right to remove timber from lands for periods of not more than eighteen (18) months be exempt from the real estate transfer tax, that this Act is designed to accomplish this purpose and should be given effect at the earliest possible date. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1981, No. 287, § 3: Mar. 3, 1981. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that the present law levying a real estate transfer tax has been the subject of conflicting interpretations as to whether the tax includes deeds, instruments or other writings by which any lands, tenements, or other realty sold or otherwise transferred from the United States, the State of Arkansas or any of the instrumentalities, agencies or political subdivisions thereof; that the confusion which has existed with respect to such conflicting interpretations is not in the public interest as it has impaired the ability of the State of Arkansas and its instrumentalities, agencies, and political subdivisions to transfer ownership of lands, tenements and other realty; and that this Act is designed to resolve such confusion and should be given effect at the earliest possible date. Therefore, an emergency is declared to exist and the Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”
Acts 1983, No. 754, § 9: July 1, 1983.
Acts 1985, No. 926, § 7: Apr. 15, 1985. Emergency clause provided: “It is hereby found and determined by the General Assembly that the Real Property Transfer law has been interpreted by many in a manner inconsistent with the intent of the General Assembly thereby unduly burdening Arkansas taxpayers and landowners both financially and in time consuming paperwork therefore an emergency is declared to exist and, this Act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its date of passage and approval.”
Acts 1993, No. 1181, § 5: Emergency clause failed to pass. Emergency clause provided: “It is hereby found and determined by the General Assembly that the provisions of this act are of critical importance to the state's ability to continue the duties, responsibilities, and functions of the Arkansas Natural and Cultural Resources Council. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”
Acts 1995, No. 270, § 19: July 1, 1995. Emergency clause provided: “It is hereby found and determined by the Eightieth General Assembly, that various laws have been enacted since the passage of the Revenue Classification Law which have changed or created various revenues collected by the State, and that this amendment to the Revenue Classification Law is necessary in order to reflect the various taxes, licenses, fees and other revenues levied and collected for the support of and use by State Government as they currently exist and from which appropriations which become effective July 1, 1995 have been made by the Eightieth General Assembly. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1995.”
Acts 1997, No. 385, § 9: Mar. 6, 1997. Emergency clause provided: “It is hereby found and determined by the General Assembly that Act 10 of the First Extraordinary Session of 1995 abolished the original ten subject matter joint interim committees of the General Assembly and in their place established House interim committees and Senate interim committees; that as a result, various sections of the Arkansas Code that refer to the joint interim committees should now refer to the House and Senate interim committees; that this act so provides; and that this act should go into effect as soon as possible in order to make those sections of the Arkansas Code compatible. Therefore an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health and safety shall become effective on the date of its approval by the Governor. If the bill is neither approved nor vetoed by the Governor, it shall become effective on the expiration of the period of time during which the Governor may veto the bill. If the bill is vetoed by the Governor and the veto is overridden, it shall become effective on the date the last house overrides the veto.”
Acts 1997, No. 788, § 36: became law without the Governor's signature. Noted Mar. 11, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the effectiveness of this act on July 1, 1997 is essential to the operation of the state court system, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental progress. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1997.”
Acts 1997, No. 1341, § 35: became law without the Governor's signature. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the effectiveness of this act on July 1, 1997 is essential to the operation of the state court system, and that in the event of an extension of the Regular Session, the delay in the effective date of this act beyond July 1, 1997 could work irreparable harm upon the proper administration and provision of essential governmental progress. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1997.”
Acts 1999, No. 361, § 8: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the authorized transfer from the real estate transfer tax to support county and circuit clerks continuing education is insufficient and when the amount of transfer is increased, the appropriation level must also be adjusted. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”
Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019.”
White v. Arkansas Capital Corp./Diamond State Ventures, 226 S.W.3d 825 (Ark. 2006). · cites it 4ד3 The complaint alleged in relevant part: • The Economic Development of Arkansas Fund Commission, established pursuant to Ark. Code Ann. § 26-59-122 and Ark. Code Ann.”
White v. Ark. Capital Corp./diamond, 226 S.W.3d 825 (Ark. 2006). · cites it 4ד[3] The complaint alleged in relevant part: The Economic Development of Arkansas Fund Commission, established pursuant to Ark.Code Ann. § 26-59-122 and Ark.Code Ann.”
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