Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 415 3
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By: Senator Crowell 5
By: Representative Childress 6
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING BUSINESS 9
PRACTICES; TO AUTHORIZE THE DIVISION OF ENVIRONMENTAL 10
QUALITY TO MAINTAIN A DELINQUENT LIST OF BUSINESSES 11
FAILING TO PAY A WHOLESALER OF PETROLEUM PRODUCTS FOR 12
THE PETROLEUM PRODUCTS; AND FOR OTHER PURPOSES. 13
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Subtitle 16
TO AUTHORIZE THE DIVISION OF 17
ENVIRONMENTAL QUALITY TO MAINTAIN A 18
DELINQUENT LIST OF BUSINESSES FAILING TO 19
PAY A WHOLESALER OF PETROLEUM PRODUCTS 20
FOR THE PETROLEUM PRODUCTS. 21
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code Title 4, Chapter 75, Subchapter 1, is amended 25
to add an additional section to read as follows: 26
4-75-104. Delinquencies on sales of petroleum products by wholesalers. 27
(a)(1) A wholesaler of petroleum products may report a delinquent 28
payment due to the wholesaler by a business for the sale of petroleum 29
products to the Division of Environmental Quality in writing, including 30
without limitation by email or fax, within two (2) business days after a 31
delinquent payment is due. 32
(2) The report by a wholesaler under subdivision (a)(1) of this 33
section shall set forth the: 34
(A) Name of the delinquent business; 35
(B) Business address of the delinquent business; 36 SB415
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(C) Date of the sale and delivery of the petroleum product 1
with the past due payment; 2
(D) Amount due for the petroleum product or other 3
delinquent amounts owed to the wholesaler by the delinquent business; and 4
(E) Name and business address of the wholesaler. 5
(b)(1) After receiving a report of a delinquencies under subsection 6
(a) of this section, the division shall "red -tag" the delinquent business 7
until a notice of removal from the delinquent list has been given by the 8
division. 9
(2) The division shall maintain a list of all delinquencies 10
reported to the division. 11
(3) Petroleum products shall not be delivered to a delinquent 12
business on the list under subdivision (b)(2) of this section until the "red 13
tag" has been removed by the division. 14
(c)(1) A delinquent business that is on the list under subdivision 15
(b)(2) of this section shall pay the delinquent fees to the wholesaler by 16
cash, electronic transfer of funds, United States postal money order, postal 17
note, express money order, cashier's check, certified check, or bank 18
exchange. 19
(2)(A) A wholesaler that receives a full payment under 20
subdivision (c)(1) of this section shall report receipt of the full payment 21
to the division no later than the next business day following receipt of the 22
payment. 23
(B) The division shall remove the "red tag" on the 24
delinquent business upon receipt of notification of the full payment under 25
subdivision (c)(2)(A) of this section. 26
(d)(1)(A) If a delinquent business contends that the delinquent 27
business was placed on the delinquent list because of a dispute involving the 28
quality or quantity of the petroleum product or another factor involved in 29
the sale of or purchase of the petroleum product, the delinquent business may 30
file a statement in writing to the division setting forth in detail the 31
reason why a delinquency should not exist. 32
(B) If a delinquent business files a written statement 33
under subdivision (d)(1)(A) of this section, the delinquent business shall 34
provide a copy of the written statement to the wholesaler. 35
(2)(A) A wholesaler also may file a statement in writing to the 36 SB415
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division regarding the delinquency in subdivision (d)(1) of this section. 1
(B) If a wholesaler files a statement under subdivision 2
(d)(2)(A) of this section, the statement shall be filed within three (3) 3
business days of the wholesaler receiving the written statement of the 4
delinquent business under subdivision (d)(1)(B) of this section. 5
(3) The division shall review the written statements filed with 6
the division under subdivisions (d)(1) and (2) of this section and determine 7
whether the "red-tag" on the delinquent business should be removed. 8
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