§ 15-4-3206 - Compliance time period -- Audit requirements. - Arkansas Statutes

15-4-3206. Compliance time period -- Audit requirements.

(a) The Amendment 82 agreement shall specify a time period in which the sponsor must comply with the investment and job creation thresholds specified in the Amendment 82 agreement. Except as provided in subsection (b) of this section, the time period shall not exceed four (4) years from the date of enactment of related legislation under 15-4-3203(j). In the event that the sponsor does not comply with the applicable time period, then the penalty provisions set forth in the Amendment 82 agreement and enacted in related legislation under 15-4-3203(j) shall apply.

(b) (1) The sponsor may request a one-year extension of the time period specified in the Amendment 82 agreement by submitting to the Director of the Arkansas Economic Development Commission a written request with an explanation as to why the extension is necessary. The request shall be submitted at least ninety (90) days prior to the expiration of the time period specified in the Amendment 82 agreement.

(2) Upon receipt of a request to extend the applicable time period, the director shall immediately notify the President of the Arkansas Development Finance Authority, the Chief Fiscal Officer of the State, and the Governor. The director, the president, and the Chief Fiscal Officer of the State may approve a request for a one-year extension upon a determination that there is a valid economic reason for granting the extension.

(3) The sponsor shall not be granted more than three (3) one-year extensions of the applicable time period.

(c) (1) The sponsor shall maintain and make available records pertaining to investment and job creation requirements for annual audit by the Chief Fiscal Officer of the State and upon request no more often than annually by the Office of Economic and Tax Policy of the Bureau of Legislative Research or a person or entity retained by the office.

(2) The Arkansas Tax Procedure Act, 26-18-101 et seq., shall apply to records maintained under this subsection and any audits conducted of the records, including any audit conducted through the office.

(3) (A) Records obtained or reviewed by the office under this section:

(i) Shall be considered working papers of the President Pro Tempore of the Senate and the Speaker of the House of Representatives under 25-19-105(b)(7) and shall not be open to inspection and copying by any citizen of the State of Arkansas; and

(ii) Are specifically exempt from the requirements of 25-19-105(a).

(B) However, a report of the audit shall be presented to the Legislative Council with respect to the status of the applicable qualified Amendment 82 project which details the sponsor's compliance with the provisions of the Amendment 82 agreement.