General Assembly: 85 (2014 Regular GA) - Chapter 1056 - Controlled substance schedules — miscellaneous changes


Published: 2014

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As Engrossed: 3/10/93

State of Arkansas 1

79th General Assembly A Bill ACT 783 OF 1993 2 Regular Session, 1993 HOUSE BILL 1815 3 By: Representatives Parkerson, Jones, Argue, and Hendrix 4

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For An Act To Be Entitled 7 "AN ACT TO ASSESS FEES TO BE USED FOR SUPPORT AND 8

OPERATION OF THE ARKANSAS STATE PLANT BOARD; AND FOR OTHER 9

PURPOSES." 10

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Subtitle 12 "AN ACT TO ASSESS FEES FOR THE STATE PLANT BOARD." 13

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 15

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SECTION 1. Arkansas Code Annotated 2-19-209 (a) is amended to read as 17

follows: 18

"(a)(1)(A) All manufacturers and manipulators or agents representing 19

them who have registered their brands in compliance with § 2-19-202 shall 20

forward to the State Plant Board each month a report which shall reach its 21

office on or before the twentieth day of the month, on the forms and in the 22

number of copies to be prescribed by the board. 23

(B) The report shall include a sworn statement of the total tonnage of 24

all commercial fertilizers and fertilizer materials shipped or caused to be 25

shipped, for sale or consumption in this state, or which have been made, 26

mixed, manufactured, or compounded in this state for sale or consumption in 27

this state. 28

(2)(A)(i) The report shall be accompanied with the sum of one dollar and 29

twenty cents ($1.20) per ton or fractional ton. 30

(ii) A fee of one dollar and twenty cents ($1.20) will accompany each 31

monthly report of tonnage which amounts to less than one (1) ton. 32

(B) The board shall issue receipt for the amount received and shall 33

deposit the sums received as follows: 34

(i) Thirty-one cents (31¢) of the one dollar and twenty cents ($1.20) 35

per ton, or fractional ton, inspected shall be deposited with the State 36

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Treasurer as special revenues and shall be credited to the State Plant Board 1

Fund to be used for the maintenance, operation, support, and improvement of 2

the board; and 3

(ii)(a) Eighty-nine cents (89¢) of the one dollar and twenty cents 4

($1.20) fee, per ton, or fractional ton, shall be remitted to the Board of 5

Trustees of the University of Arkansas and shall be credited to a fund to be 6

known as the University of Arkansas Soil Testing and Research Fund to be 7

maintained in accounts in one (1) or more financial institutions in the State 8

of Arkansas. This amount shall be expended exclusively for soil testing 9

service and soil fertility research by the Board of Trustees of the University 10

of Arkansas under appropriations made by the General Assembly. It shall be 11

expended in support of one (1) or more soil testing laboratories and soil 12

fertility research activities at the main experiment station, branch 13

experiment stations, or subbranch experiment stations, as determined and 14

designated by the Vice President of Agriculture of the University of Arkansas. 15

(b)(1) The Board of Trustees shall provide for the investment of any 16

funds in the University of Arkansas Soil Testing and Research Fund that are 17

not needed for current operations of the soil testing laboratories and soil 18

fertility service and research activities and shall credit the interest earned 19

on that investment to the credit of the University of Arkansas Soil Testing 20

and Research Fund. 21

(2) The investment shall be of the type and nature authorized for the 22

investment of average daily State Treasury balances by the State Board of 23

Finance." 24

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SECTION 2. Arkansas Code Annotated 2-19-307 (a) is amended to read as 26

follows: 27

"(a)(1)(A)(i) All manufacturers, importers, and other guarantors who 28

are registered pursuant to § 2-19-306(a) shall forward to the State Plant 29

Board each quarter a report on forms prescribed by the board, not later than 30

thirty (30) days after the end of each quarter. 31

(ii) Quarters shall end September 30, December 31, March 31, and June 32

30 of each year. 33

(B) The report shall include a sworn statement of the total tonnage of 34

all liming materials distributed in this state and shall be accompanied by the 35

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sum of thirty cents (30¢) per ton or fractional ton. 1

(2) A fee of thirty cents (30¢) will accompany each quarterly report of 2

tonnage which amounts to less than one (1) ton. 3

(3)(A) When sales or distributions of liming materials are between 4

registrants, the registrant who sells or distributes to a person or firm who 5

is not a registrant shall be responsible for payment of the inspection fee 6

unless the payment is made by the registrant initiating the transaction. 7

(B) Invoices of transactions between registrants shall be marked 8

_inspection fee paid_ or _inspection fee not paid;_ otherwise, the registrant 9

initiating the transaction shall be responsible for the inspection fee. 10

(C) The board shall issue receipts for the amounts received and shall 11

deposit the sums received as follows: 12

(i) Twenty cents (20¢) of the thirty cents (30¢) fee per ton or 13

fractional ton, inspected shall be deposited with the State Treasurer as 14

special revenues. It shall be credited to the board to be used for its 15

maintenance, operation, support, and improvement; and 16

(ii)(a) Ten cents (10¢) of the thirty cents (30¢) fee per ton, or 17

fractional ton, shall be remitted to the Board of Trustees of the University 18

of Arkansas. This amount shall be credited to a fund to be known as the 19

University of Arkansas Soil Testing and Research Fund to be maintained in 20

accounts in one (1) or more financial institutions in the State of Arkansas. 21

This amount shall be expended exclusively for soil testing service and soil 22

fertility research and extension by the Board of Trustees of the University of 23

Arkansas under appropriations made by the General Assembly. It shall be 24

expended in support of one (1) or more soil testing laboratories and soil 25

fertility research activities at the main experiment stations, branch 26

experiment stations, or subbranch experiment stations, as determined and 27

designated by the Vice-President of Agriculture of the University of Arkansas. 28

(b)(i) The Board of Trustees shall provide for the investment of any 29

funds in the University of Arkansas Soil Testing and Research Fund that are 30

not needed for current operations of the soil testing laboratories and soil 31

fertility service and research and extension activities and shall credit the 32

interest earned on the investment to the credit of the University of Arkansas 33

Soil Testing and Research Fund. 34

(ii) The investment shall be of the type and nature authorized for the 35

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investment of average daily State Treasury balances by the State Board of 1

Finance." 2

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SECTION 3. Arkansas Code Annotated 2-17-213 is amended to read as 4

follows: 5

"2-17-213. Annual license fee. 6

Subsequent to the issuance of an initial license under this subchapter, 7

every applicant shall pay an annual license fee based upon the capacity of the 8

warehouse. The fee shall be determined by the commissioner but shall not be 9

less than two hundred fifty dollars ($250) nor more than eight hundred dollars 10

($800)." 11

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SECTION 4. Arkansas Code Annotated 2-17-238 is amended to read as 13

follows: 14

"2-17-238. Disposition of revenues. 15

All revenues collected under the provisions of this subchapter by the 16

State Plant Board shall be deposited into the Plant Board Fund to be used for 17

the maintenance, operation, support, and improvement of the Board. ." 18

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SECTION 5. Arkansas Code Annotated 2-37-114 (b)(1) is amended to read 20

as follows: 21

"2-37-114. Quarterly tonnage reports and inspection fees. 22

(b)(1) Each quarterly report as required in this section shall be 23

accompanied by a payment equal to thirty cents (30¢) per ton of the total 24

tonnage as shown thereon as an inspection fee, which shall be in lieu of all 25

other inspection fees imposed in respect to it." 26

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SECTION 6. Arkansas Code Annotated 2-37-114 (g) is amended to read as 28

follows: 29

"(g) The inspection fee of thirty cents (30¢)per ton shall not apply to 30

whole seeds and grains when not mixed with other whole seeds or materials." 31

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SECTION 7. Arkansas Code 2-16-407(f) is amended to read as follows: 33

"(f) The applicant desiring to register a pesticide shall pay an annual 34

registration fee as prescribed in the regulations of the board for each 35

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pesticide registered by the applicant. The annual registration fee shall not 1

be less than sixty dollars ($60) for each product registered. All 2

registrations shall expire December 31 each year." 3

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SECTION 8. The Board is empowered to recover any identifiable expenses 6

from the owner or other person in possession or control of the property upon 7

which it enforces, maintains, and administers any quarantine that is imposed 8

due to infestations or infections of insect pests, diseases, or noxious weeds. 9

Whenever the owner or other person cannot be found or shall fail, neglect, or 10

refuse to reimburse the Board for incurred quarantine expenses, the State 11

Plant Board shall have and enforce a lien for such expenses upon the property 12

upon which it enforces, maintains, or administers any quarantine in the same 13

manner as liens are had and enforced upon property for labor and materials 14

furnished by virtue of contract with the owner. 15

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SECTION 9. The State Plant Board is hereby authorized to promulgate 17

such rules and regulations necessary to administer the fees, rates, tolls, or 18

charges for services established by this act and is directed to prescribe and 19

collect such fees, rates, tolls, or charges for the services delivered by the 20

State Plant Board in such manner as may be necessary to support the programs 21

of the Board as directed by the Governor and Legislature. 22

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SECTION 10. All provisions of this act of a general and permanent 24

nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas 25

Code Revision Commission shall incorporate the same in the Code. 26

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SECTION 11. If any provision of this act or the application thereof to 28

any person or circumstance is held invalid, such invalidity shall not affect 29

other provisions or applications of the act which can be given effect without 30

the invalid provision or application, and to this end the provisions of this 31

act are declared to be severable. 32

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SECTION 12. All laws and parts of laws in conflict with this act are 34

hereby repealed. 35

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SECTION 13. EMERGENCY. It is hereby found and determined by the 2

Seventy-Ninth General Assembly meeting in Regular Session that the provisions 3

of this act are of critical importance to the state_s ability to continue the 4

duties, responsibilities, and functions of the State Plant Board. Therefore, 5

an emergency is hereby declared to exist and this act being necessary for the 6

immediate preservation of the public peace, health and safety shall be in full 7

force and effect from and after its passage and approval. 8

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/s/Rep. Parkerson, et al 12

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APPROVED: 3/29/93 14

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