Title 23, Public Utilities and Regulated Industries

(a) The Department of Arkansas State Police may promulgate rules that are necessary to implement, enforce, and administer this subchapter. (b) The department may cancel a dealer's license if the dealer:(1) Fails to keep and maintain the requirements of § 23-112-607(a) and (c); or…

(1) It shall be a violation of this subchapter to knowingly or intentionally:(1) (A) Sell a vehicle without a dealer's license.(B) The sale of each vehicle shall constitute a separate offense;(2) Commit a fraudulent act in selling, purchasing, or otherwise dealing in motor vehicl…

It shall be unlawful for any person to engage in business as a used motor vehicle dealer or to sell a vehicle not his or her own without obtaining a used motor vehicle dealer's license, except that a person defined as a salesperson in § 23-112-602 may act on behalf of the dealer …

(a) (1) Persons wishing to obtain a used motor vehicle dealer's license shall submit a fully executed application on such used motor vehicle dealer application forms as may be prescribed by the Department of Arkansas State Police.(2) The application shall be verified by the oath …

(a) (1) The fee for a license certificate shall be two hundred fifty dollars ($250) per year for each used motor vehicle dealer licensed.(2) (A) The fee shall be for the licensing period beginning on January 1 of each year and ending on December 31 of each year and shall be renew…

Upon satisfactory submission and verification of a fully executed application as required by § 23-112-607(a) and (b), payment of the fee provided for by § 23-112-608, and receipt of the corporate surety bond as required by § 23-112-607(c), the Department of Arkansas State Police …

(a) Each dealer licensed under this subchapter shall maintain for display, in a conspicuous place at the dealer's business location, the license certificate issued by the Department of Arkansas State Police. (b) (1) Each dealer shall also have his or her used motor vehicle dealer…

(a) Every person required to have a license shall maintain, for three (3) years from the date of purchase, records of each vehicle transaction to which the person was a party. (b) Dealers shall maintain copies of all documents executed in conjunction with any transaction, which m…

(a) As used in this section:(1) (A) “Contract for sale” means the final agreement between a used motor vehicle dealer and a consumer that:(i) Includes all material terms of the sale of a motor vehicle; and(ii) Is binding upon the seller, the buyer, and any necessary third-party f…

(a) A five-dollar ($5.00) fee shall be charged to the buyer of each item at an auto auction that is sold on a certificate of title that is labeled “salvage” or “parts-only”. (b) The fee is special revenue and shall be deposited into the State Treasury. (c) The Treasurer of State …

(a) A used motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of used motor vehicles if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents. (b) (1) A use…

(1) “Delivery” of a motor vehicle to a dealer by a manufacturer or distributor for the purposes of this section shall be accomplished by the:(1) Tender of the motor vehicle and any documents necessary to enable the dealer to obtain title and possession of the motor vehicle at the…

(a) Whenever a motor vehicle is damaged while in transit when the carrier or the means of transportation is designated by the manufacturer or distributor, or whenever a motor vehicle is otherwise damaged prior to delivery to the dealer, the dealer must:(1) Notify the manufacturer…

In the event the manufacturer or distributor refuses or fails to authorize repair or replacement of any such damage within three (3) working days of notification of damage by the dealer, ownership of the motor vehicle shall revert to the manufacturer or distributor, and the deale…

In computing the lapse of three (3) working days under this subchapter, the day of the occurrence of delivery of the motor vehicle to the dealer by the manufacturer or distributor or the day of notification of the damage to the manufacturer or distributor by the dealer, as descri…

(a) Prior to the sale of any motor vehicle damaged prior to delivery to the dealer as described in § 23-112-702, excluding damage to glass, tires, and bumpers when replaced by identical manufacturer's original equipment, and any damage not exceeding six percent (6%) of the sticke…

(a) Whenever a motor vehicle is damaged after delivery to the dealer by the manufacturer or distributor but before sale by the dealer to the consumer, and the occurrence and extent of such damage is in excess of six percent (6%) of the sticker price of the vehicle, it must be dis…

Notwithstanding the terms of any franchise agreement, it shall be a violation of this subchapter for any new motor vehicle manufacturer to fail to indemnify and hold harmless its franchised dealers against any judgment or settlement agreed to in writing by the manufacturer for da…

(1) The General Assembly finds that:(1) A special event sponsored by a city, county, nonprofit entity, or special event owners' organization draws people from all over the state, other states, and even other countries;(2) A special event can provide a valuable increase in tourism…

(1) As used in this subchapter:(1) “Nonprofit entity” means an entity that has received tax-exempt status from the Internal Revenue Service pursuant to section 501(c)(3) or section (501)(c)(4) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) or 26 U.S.C. § 501(c)(4), a…

A statement of the estimated positive economic impact of a proposed special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source, including without limitation a university, chamber of commerce, or other entity that regularly engages in the …

(a) If the statement of estimated positive economic impact that is submitted to the Arkansas Motor Vehicle Commission establishes that a special event has a significant positive economic impact, the special event is exempt from regulation by the commission as provided under § 23-…

(a) The Arkansas Motor Vehicle Commission shall waive the following for a special event that has a significant positive economic impact or is determined by the commission to otherwise qualify for an exemption under § 23-112-804(b) if no franchised motor vehicle dealer of a licens…

(a) A special event that has been ongoing for five (5) years or more before July 31, 2007, and has had a significant positive economic impact in the past shall be:(1) Considered an established and ongoing special event; and(2) Eligible to a presumption of a significant positive e…

(1) The General Assembly finds that:(1) A recreational vehicle special event sponsored by a city, county, nonprofit entity, or recreational vehicle owners' organization draws people from all over the state and other states;(2) A recreational vehicle special event can provide a va…

(1) As used in this subchapter:(1) “Nonprofit entity” means an entity that has received tax exempt status from the Internal Revenue Service under section 501(c)(3) or section (501)(c)(4) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3) or 26 U.S.C. § 501(c)(4), as they…

A statement of the estimated positive economic impact of a proposed recreational vehicle special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source such as a university, chamber of commerce, or other entity that regularly engages in the e…

(a) If the statement of estimated positive economic impact that is submitted to the Arkansas Motor Vehicle Commission establishes that a recreational vehicle special event has a significant positive economic impact, the recreational vehicle special event is exempt from regulation…

(a) The Arkansas Motor Vehicle Commission shall waive the following for a recreational vehicle special event that has a significant positive economic impact or is determined by the commission to otherwise qualify for an exemption under § 23-112-904(b) if no franchised motor vehic…

(a) It is found and determined by the General Assembly that:(1) Horse racing and greyhound racing parks in the State of Arkansas promote economic and agribusiness activity in the state and especially in the local communities where the horse racing and greyhound racing parks are l…

This chapter shall be known and may be cited as the “Local Option Horse Racing and Greyhound Racing Electronic Games of Skill Act”.

(1) As used in this chapter:(1) “Arkansas Greyhound Racing Law” means the Arkansas Greyhound Racing Law, § 23-111-101 et seq.;(2) “Arkansas Horse Racing Law” means the Arkansas Horse Racing Law, § 23-110-101 et seq.;(3) “Commission” means the Arkansas Racing Commission or its suc…

(a) (1) In addition to pari-mutuel wagering on horse racing and greyhound racing authorized by the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., respectively, any franchise holder may conduct wagering on electronic g…

Subject to the limitations and conditions in this chapter or other applicable law, the Arkansas Racing Commission shall have full administrative regulatory jurisdiction over the business of electronic games of skill and wagering thereon conducted by franchise holders under this c…

(a) In addition to all other duties, powers, and responsibilities conferred upon it by other laws of this state, the Arkansas Racing Commission shall exercise the duties, powers, and responsibilities over electronic games of skill and wagering on the electronic games of skill as …

(a) The Arkansas Racing Commission may require persons employed by the franchise holder in the conduct of wagering on electronic games of skill to obtain a license from the commission under procedures generally consistent with the licensing procedures otherwise applicable to othe…

(a) (1) If any franchise holder or other person is aggrieved by any action of the Arkansas Racing Commission, the franchise holder or other person shall be entitled to a hearing by the commission.(2) The hearings shall be conducted in accordance with the rules and procedures gove…

(a) An amount equal to fourteen percent (14%) of the net wagering revenues from electronic games of skill shall be set aside by the franchise holder in a separate account and used only for purses for live horse racing or live greyhound racing conducted by the franchise holder, as…

(a) Franchise holders conducting wagering on electronic games of skill under this chapter shall pay the following fees for the privilege of conducting the wagering:(1) An amount equal to eighteen percent (18%) of the net wagering revenues from electronic games of skill shall be p…

A franchise holder operating electronic games of skill and conducting wagering thereon under this chapter shall keep a complete set of books and records as necessary to show fully the activities and transactions of the franchise holder with respect to the operations and wagering …

(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in operating electronic games of skill or wagering thereo…

(a) Pari-mutuel wagering on horse racing and greyhound racing, whether on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means, shall continue to be governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Grey…

(a) All privilege fees received by the Secretary of the Department of Finance and Administration under this chapter for the benefit of the state shall be deposited into the State Treasury as general revenues. (b) All permit or license fees, penalties, and fines received by the Ar…

This chapter shall be known and may be cited as the “Charitable Bingo and Raffles Enabling Act”.

(1) As used in this chapter:(1) (A) “Authorized organization” means an organization eligible for a license to conduct games of bingo and raffles that is a nonprofit tax-exempt religious, educational, veterans, fraternal, service, civic, medical, volunteer rescue service, voluntee…

(a) The game of bingo or a raffle conducted by a licensed authorized organization shall not be a lottery prohibited by Arkansas Constitution, Article 19, § 14, if all net receipts over and above the actual cost of conducting the game of bingo or raffle are used only for charitabl…