Read the full stored bill text
*JLL436* 04/08/2026 3:59:45 PM JLL436
State of Arkansas 1
95th General Assembly 2
Fiscal Session, 2026 SR 20 3
4
By: Senator Dees 5
6
7
SENATE RESOLUTION 8
TO AUTHORIZE THE INTRODUCTION OF A NONAPPROPRIATION 9
BILL CONCERNING THE INDUSTRIAL DEVELOPMENT 10
AUTHORITIES EXPANSION ACT. 11
12
13
Subtitle 14
TO AUTHORIZE THE INTRODUCTION OF A 15
NONAPPROPRIATION BILL CONCERNING THE 16
INDUSTRIAL DEVELOPMENT AUTHORITIES 17
EXPANSION ACT. 18
19
BE IT RESOLVED BY THE SENATE OF THE NINETY-FIFTH GENERAL ASSEMBLY OF THE 20
STATE OF ARKANSAS: 21
22
THAT Senator Dees is authorized to introduce a bill which as introduced 23
will read substantially as follows: 24
25
"Title 26
AN ACT TO AMEND THE INDUSTRIAL DEVELOPMENT AUTHORITIES EXPANSION ACT; TO 27
AMEND THE MEMBERSHIP REQUIREMENTS FOR A BOARD OF AN INDUSTRIAL DEVELOPMENT 28
AUTHORITY; TO PROVIDE FOR THE REMOVAL OF A MEMBER OF A BOARD OF AN INDUSTRIAL 29
DEVELOPMENT AUTHORITY FOR GOOD CAUSE; TO REPEAL PROVISIONS CONCERNING THE 30
EXERCISE OF THE RIGHT OF EMINENT DOMAIN BY AN INDUSTRIAL DEVELOPMENT 31
AUTHORITY; TO CLARIFY THAT AN INDUSTRIAL DEVELOPMENT AUTHORITY IS SUBJECT TO 32
LOCAL ZONING AND PLANNING REGULATIONS AND PROCESSES; TO DECLARE AN EMERGENCY; 33
AND FOR OTHER PURPOSES 34
35
Subtitle 36
SR20
2 04/08/2026 3:59:45 PM JLL436
TO AMEND THE INDUSTRIAL DEVELOPMENT AUTHORITIES EXPANSION ACT; AND TO DECLARE 1
AN EMERGENCY. 2
3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 4
5
SECTION 1. Arkansas Code § 14-189-105(f), concerning the members of 6
the board of directors of an industrial development authority under the 7
Industrial Development Authorities Expansion Act, is amended to read as 8
follows: 9
(f)(1) To be eligible for membership on the board of directors of the 10
industrial development authority, a person, at the time of his or her 11
appointment and qualification by filing the required oath, must be a 12
qualified elector of the municipality or of the county, as the case may be, 13
that he or she represents on the board of directors of the industrial 14
development authority. 15
(2) A member of the board of directors of an industrial 16
development authority who moves outside of the municipality or county that he 17
or she represents on the board of directors of the industrial development 18
authority shall resign his or her membership on the board of directors of the 19
industrial development authority. 20
21
SECTION 2. Arkansas Code § 14-189-105, concerning the members of the 22
board of directors of an industrial development authority under the 23
Industrial Development Authorities Expansion Act, is amended to add an 24
additional subsection to read as follows: 25
(h)(1) A member of the board of directors of an industrial development 26
authority may be removed for good cause by a vote of two-thirds (2/3) of the 27
governing body of each petitioning local government. 28
(2) As used in this subsection, "good cause" means the same as 29
defined in § 25-16-804. 30
31
SECTION 3. Arkansas Code § 14-189-108 is amended to read as follows: 32
14-189-108. Powers and duties of industrial development authority 33
generally. 34
(a) In order to enable an industrial development authority to carry 35
out the purposes of this chapter, the industrial development authority shall: 36
SR20
3 04/08/2026 3:59:45 PM JLL436
(1) Have the powers of a body corporate including the power to 1
sue and be sued, to make contracts, and to adopt and use a seal; 2
(2) Have the power to rent, acquire, improve, develop, operate, 3
maintain, lease, buy, own, mortgage, otherwise encumber, sell, dispose of, 4
and otherwise deal with such real, personal, or mixed property as an 5
industrial development authority may deem proper, necessary, or desirable to 6
carry out the purposes of this chapter; 7
(3) Have the power to acquire, purchase, install, lease, rent, 8
own, hold, use, control, develop, sell, improve, construct, maintain, equip 9
and operate, and otherwise deal with and dispose of any: 10
(A) Commerce and industrial parks; 11
(B) Research, technology, and development proving grounds 12
and facilities; 13
(C) Job training facilities, air cargo operations, depots 14
for military use, rail lines, rail transload operations, and short-line 15
railroads; and 16
(D) All other qualifying economic development projects 17
under § 14-174-105; 18
(4) Have the power consistent with this chapter to acquire, own, 19
construct, reconstruct, extend, equip, improve, operate, maintain, sell, 20
lease, lease with or without options to purchase, lease with or without 21
options to extend or renew, contract concerning, or otherwise deal in, with, 22
or dispose of any lands, buildings, improvements, machinery, equipment, or 23
facilities of any and every nature for the securing and developing of 24
industry and commerce and parks for industrial and commercial operations; 25
(5) Have the power to appoint and employ and dismiss at pleasure 26
such agents and employees as may be selected by an industrial development 27
authority and to fix and pay their compensation; 28
(6) Have the power to establish an office for the transaction of 29
business at such place as, in the opinion of an industrial development 30
authority, shall be advisable or necessary in carrying out the purposes of 31
this chapter; 32
(7) Have the power to create and operate such agencies, 33
departments, and instrumentalities as an industrial development authority may 34
deem necessary, desirable, or useful for the accomplishment and furtherance 35
of any of the purposes of this chapter; 36
SR20
4 04/08/2026 3:59:45 PM JLL436
(8) Have the power to pay and expend funds for all necessary 1
costs and expenses involved in and incident to the formation and organization 2
of an industrial development authority and the carrying out of the powers and 3
purposes of this chapter; 4
(9) Have the power to adopt, alter, or repeal from time to time 5
its own bylaws, rules, and regulations consistent with this chapter governing 6
the manner in which the business of an industrial development authority may 7
be transacted and in which the purposes and powers may be transacted and in 8
which the purposes and powers of an industrial development authority may be 9
accomplished and carried out; 10
(10) Have the power to fix and change, from time to time, rates 11
and charges for the use of the facilities and services of an industrial 12
development authority; 13
(11) Have the power to promulgate and to alter or repeal, from 14
time to time, rules and regulations consistent with this chapter and to 15
enforce the same governing and pertaining to the use of the facilities and 16
services of an industrial development authority; 17
(12) Have the power to sell, contract concerning, or lease any 18
of its warehouses, industrial or commercial plants and facilities, and other 19
improvements and facilities of whatever nature and to permit the use of any 20
such facilities by any person engaging in any industrial or commercial 21
activity; 22
(13) Have the power to do any and all other acts and things of 23
whatever nature consistent with this chapter necessary or incidental to the 24
carrying out of the powers specified in this section and the accomplishment 25
of the purposes of this chapter, whether or not specifically enumerated; and 26
(14) Be authorized to carry out the powers of an industrial 27
development authority and to accomplish the purposes of this chapter. 28
(b) An industrial development authority is subject to local planning 29
and zoning regulations and shall participate in local planning and zoning 30
processes of the governing body of each local government in which the 31
industrial development authority operates. 32
33
SECTION 4. Arkansas Code § 14-189-110 is amended to read as follows: 34
14-189-110. Acquisition of property, including rights-of-way. 35
(a) For the acquiring of property, including rights-of-way, necessary 36
SR20
5 04/08/2026 3:59:45 PM JLL436
or desirable for the carrying out of the powers of an industrial development 1
authority and for the accomplishment of the purposes of this chapter, an 2
industrial development authority may acquire property by gift, by purchase, 3
or by negotiation, or by condemnation. 4
(b) If an industrial development authority determines to exercise the 5
right of eminent domain, the right of eminent domain may be exercised in the 6
manner provided for taking private property for railroads as provided by §§ 7
18-15-1202 — 18-15-1207, in the manner provided by §§ 18-15-301 — 18-15-307, 8
or in the manner provided by any other statutes enacted for the exercise of 9
the power of eminent domain by the state, or by any officers, departments, 10
agencies, or political subdivisions of the state. 11
(c) An industrial development authority may exchange any property 12
acquired under this chapter for other property necessary or desirable in 13
carrying out of the powers of an industrial development authority. 14
15
SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 16
General Assembly of the State of Arkansas that local governments are 17
currently in the process of forming industrial development authorities; that 18
the amendments to the law provided in this act are essential to the effective 19
operation of industrial development authorities in the state; and that this 20
act is immediately necessary to ensure that the industrial development 21
authorities currently being formed are operated in the most efficient manner 22
from the time they are established. Therefore, an emergency is declared to 23
exist, and this act being immediately necessary for the preservation of the 24
public peace, health, and safety shall become effective on: 25
(1) The date of its approval by the Governor; 26
(2) If the bill is neither approved nor vetoed by the Governor, 27
the expiration of the period of time during which the Governor may veto the 28
bill; or 29
(3) If the bill is vetoed by the Governor and the veto is 30
overridden, the date the last house overrides the veto." 31
32
33
34
35
36