Arkansas Code, Advance Service 3

2013·25.4 MB·English

by  State of Arkansas

F
Pamphlet Number 3
March 2013
Updates the 2011 Supplement
Prepared Staff
ofthe
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LexisNexis

Code
Arkansas
OF
1987
Annotated
Prepared by the Editorial Staffofthe Publisher
Under the Direction and Supervision ofthe
ARKANSAS CODE REVISION COMMISSION
Senator David Johnson, Chair
Senator David Burnett
Representative John Vines
Representative Darrin Williams
Honorable Bettina E. Brownstein
Honorable Don Schnipper
Honorable David R. Matthews
Honorable Stacy Leeds, Dean, University ofArkansas at
Fayetteville, School ofLaw
Honorable Paula Casey, Dean, University ofArkansas at
Little Rock, School ofLaw
Honorable Warren T. Readnour, SeniorAssistant Attorney General
Honorable Matthew Miller, Assistant Director for Legal Services of
the Bureau ofLegislative Research
LexisNexis@
©
Copyright 2013
BY
The State ofArkansas
All Rights Reserved
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PREFACE
The 2012-2013 Advance Code Service keeps the Arkansas Code of
1987 Annotated as current as possible by providing notes to cases and
law reviews, and updated table and index entries, as well as other
pertinent information, in the interim period between the publication of
Supplements to the Code. Each Advance Code Service pamphlet is
cumulative and may be recycled or discarded upon receipt ofthe next
pamphlet.
Material in the Advance Code Service follows the structure of the
Arkansas Code of 1987 Annotated and should be used in conjunction
A
with the Code and its 2011 Supplement. stylistic change has been
made to the note analyses but the content is the same.
This pamphlet contains updates to the legislation enacted by the
Arkansas GeneralAssembly at the 2011 Regular Session and the 2012
Fiscal Session.
Annotations are to the following sources:
Arkansas Supreme Court and Arkansas Court ofAppeals Opinions
through 2013 Ark. LEXIS 40 (January 31, 2013) and 2013 Ark. App.
LEXIS 69 (January 30, 2013).
Federal Supplement through November 5, 2012.
Federal Reporter 3d Series through December 6, 2012.
United States Supreme Court Reports through November 5, 2012.
Bankruptcy Reporter through December 3, 2012.
Arkansas Law Notes through the 2008 Edition.
Arkansas Law Review through Volume 61, p. 787.
University ofArkansas at Little Rock Law Review through Volume
30, p. 267.
ALR 6th through Volume 74, p. 549.
ALR Fed. 2d through Volume 64, p. 255.
Visit the LexisNexis website at www.lexisnexis.com for an on-line
bookstore, technical support, customer service and other company
information.
For further information or assistance, please call us toll free at
1-800-833-9844, fax us at 1-800-643-1280, e-mail us at
[email protected], or write: Arkansas Code Editor,
LexisNexis, 701 East Water Street, Charlottesville, Virginia, 22902.
LexisNexis
iii

,
TITLE
1
GENERAL PROVISIONS
CHAPTER
2
THE CODE AND REGULATIONS
—
Subchapter 1 General Provisions
1-2-115. Code classification and organization not to be con-
—
strued Notes, headings, etc., not part oflaw.
CASE NOTES
Separate Subchapters Not Determi- was not subjectto ad-valorem assessment
native and taxation under § 26-26-1606(b). Fal-
Fact that the Code Revision Commis- con Cable—Media LP—v. Ark. PSC, 2012
sion placed the statutes pertaining to Ark. 463, S.W.3d 2012 Ark. LEXIS
,
cable-television companies in a separate 501 (Dec. 13, 2012).
dsiudbcnhoatpmteeradnutrhiantgtthheeicnotdiafnigciabtlieonpeprrsoocneasls IncC.i,t2e0d1:2MAcrMki.l1l6a6n,v—. LiSv.eW.N3adti—on(E2n0t1m2')t.,
property of cable-television companies
—
Subchapter 3 Arkansas Code Revision Commission
1-2-303. Powers and duties.
CASE NOTES
Authority to Change the Code act," as they did prior to changes by the
Intangible personal property ofa cable Arkansas CodeRevisionCommission, and
television company, including franchise therefore included all companies subject
agreements, customer relationships, and totaxationbytheArkansasPublicService
gsoeosdsmweinllt, awnads stuabxjaetcitontouandd-evral§ore26m-2a6s-- ACrokm.miPsSsCi,on2.01F2alAcrokn.C4a6b3l,e—MeSd.iWa.3LdP—v.
1606(b). The words "this subchapter" in 2012Ark. LEXIS 501 (Dec. 13, 2012).
§ 26-26-1606shouldbereadtomean"this
1-5-107 AGRICULTURE 2
CHAPTER
5
HOLIDAYS AND OBSERVANCES
1-5-107. Confederate Flag Day.
RESEARCH REFERENCES
ALR. Propriety of Prohibition of Dis-
play or Wearing of Confederate Flag. 66
A.L.R.6th 493.
TITLE 2
AGRICULTURE
SUBTITLE LIVESTOCK
3.
CHAPTER.
35. MARKETING, SALE,AND TRANSPORTATION.
SUBTITLE LIVESTOCK
3.
CHAPTER
35
MARKETING, SALE, AND TRANSPORTATION
subchapter.
3. Arkansas Beef Council.
—
Subchapter 3 Arkansas Beef Council
section. — —
2-35-303. Creation Members Orga-
nization.
— —
2-35-303. Creation Members Organization.
(a) The Arkansas BeefCouncil is created.
(b)(1) The council shall be composed ofseven (7) members appointed
by the Governor and confirmed by the Senate as follows:
(A) Three (3) cattle producer members shall represent the Arkan-
sas Farm Bureau Federation and shall be appointed from a list of
names submitted by the board ofdirectors ofthat organization;
(B) Three (3) cattle producer members shall represent the Arkan-
sas Cattlemen's Association and shall be appointed from a list of
names submitted by the board ofdirectors ofthat organization; and
(C) One (1) member shall be an active Arkansas livestock market
operator who shall be appointed from the state at large.
(2) Each year, not less than thirty (30) days prior to the expiration of
the terms of the current council members whose terms expire in that
—
3 BEERAND WINE MANUFACTURE, SALE, ETC. 3-5-1102
year, the organizations named shall submit to the Governor two (2)
nominees for each position to be filled on the council from the respective
organizations. The Governor shall appoint a succeeding member to the
council from each organization's list ofnominees.
(3) Eachmemberselected shall serve foraterm ofthree (3)years and
until his or her successor is duly selected as provided in this section.
(4) Vacancies in any unexpired term shall be filled by the Governor
for the remainder ofthe unexpired term. The member appointed to fill
the vacancy shall represent the same organization as the person whose
term is unexpired.
(c) Members of the council shall meet and organize immediately
after their appointment and shall elect a chair, a vice chair, and a
secretary-treasurer from the membership of the council whose duties
shall be those customarily exercised by those officers or specifically
designated by the council.
(d) The council may establish rules and regulations for its own
government and for the administration ofthe affairs ofthe council.
History.Acts 1983,No. 160, § 2;A.S.A. Publisher's Notes. This section is be-
1947, § 78-1902. ing set out to reflect a correction in (b)(1).
TITLE 3
ALCOHOLIC BEVERAGES
CHAPTER. —
5. BEER AND WINE MANUFACTURE, SALE, AND TRANSPORTATION
GENERALLY.
ON-PREMISES CONSUMPTION.
9.
CHAPTER
5
—
BEER AND WINE MANUFACTURE, SALE, AND
TRANSPORTATION GENERALLY
subchapter.
—
11. Beer Wholesalersand Suppliers.
— —
Subchapter 11 Beer Wholesalers and Suppliers
section.
3-5-1102. Definitions.
3-5-1102. Definitions.
(a) The following words or phrases, or the plural thereof, whenever
they appear in this subchapter shall have, unless the context clearly
requires otherwise, the meanings ascribed to them in this section:
3-5-1102 ALCOHOLIC BEVERAGES 4
(1) "Agreement" means any agreement between a wholesaler and a
supplier, whether oral or written, whereby a wholesaler is granted the
right to purchase and sell a brand or brands ofbeer sold by a supplier;
(2) "Ancillary business" means:
(A) A business owned by the wholesaler, by a substantial stock-
holder ofa wholesaler, orby a substantial partner ofawholesalerthe
primary business of which is directly related to the transporting,
storing, or marketingofthe brand orbrands ofbeerofa supplierwith
whom the wholesaler has an agreement; or
(B) Abusiness owned by a wholesaler, a substantial stockholder of
a wholesaler, or a substantial partner ofa wholesaler which recycles
empty beverage containers ofthe supplier;
(3) "Beer" includes light wine and shall carry the same definitions as
set forth in § 3-5-202(3) and (4);
(4) "Designated member" means and includes:
(A) The spouse, child, grandchild, parent, brother, or sister of a
deceased individual who owned an interest, including a controlling
interest, in a wholesaler;
(B) Any person who inherits under the deceased individual's will
or under the laws ofintestate succession ofthis state;
(C) Any person or entity which has through a valid testamentary
device bythe deceased individual succeededthe deceasedindividual's
ownership interest in the wholesaler pursuant to a written contract
or instrument which has been previously approved by a supplier;
(D) The appointed and qualified personal representative and the
testamentary trustee ofa deceased individual owning an ownership
interest in a wholesaler; and
(E) The person appointedby a court as the guardianorconservator
ofthe property of an incapacitated individual owning an ownership
interest in a wholesaler;
(5) "Director" means the Director ofthe Alcoholic Beverage Control
Division;
(6) "Good faith" means honesty in fact and the observance ofreason-
able commercial standards offairdealinginthe trade, as definedin and
interpreted under the Uniform Commercial Code, § 4-1-201;
(7) "Reasonable qualifications" means the standard ofthe reasonable
criteria established and consistently used by the respective supplier for
similarly situated wholesalers that entered into, continued, or renewed
an agreement with the supplier during a period of twenty-four (24)
months prior to the proposed transfer ofthe wholesaler's business, or
for similarly situated wholesalers who have changed managers or
designated managers during a period oftwenty-four (24) months prior
to the proposed change in the manager or successor manager of the
wholesaler's business;
(8) "Retaliatory action" means the refusal to continue an agreement,
or a material reduction in the quality ofservice or quantity ofproducts
available to a wholesaler under an agreement, which refusal or reduc-
tion is not made in good faith;