Arkansas 2025 Regular Session

Arkansas Senate Bill SB415 Compare Versions

Only one version of the bill is available at this time.

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1	1	Stricken language would be deleted from and underlined language would be added to present law.
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3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 SENATE BILL 415 3
6	6	4
7	7	By: Senator Crowell 5
8	8	By: Representative Childress 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO AMEND THE LAW CONCERNING BUSINESS 9
12	12	PRACTICES; TO AUTHORIZE THE DIVISION OF ENVIRONMENTAL 10
13	13	QUALITY TO MAINTAIN A DELINQUENT LIST OF BUSINESSES 11
14	14	FAILING TO PAY A WHOLESALER OF PETROLEUM PRODUCTS FOR 12
15	15	THE PETROLEUM PRODUCTS; AND FOR OTHER PURPOSES. 13
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18	18	Subtitle 16
19	19	TO AUTHORIZE THE DIVISION OF 17
20	20	ENVIRONMENTAL QUALITY TO MAINTAIN A 18
21	21	DELINQUENT LIST OF BUSINESSES FAILING TO 19
22	22	PAY A WHOLESALER OF PETROLEUM PRODUCTS 20
23	23	FOR THE PETROLEUM PRODUCTS. 21
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25	25	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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27	27	SECTION 1. Arkansas Code Title 4, Chapter 75, Subchapter 1, is amended 25
28	28	to add an additional section to read as follows: 26
29	29	4-75-104. Delinquencies on sales of petroleum products by wholesalers. 27
30	30	(a)(1) A wholesaler of petroleum products may report a delinquent 28
31	31	payment due to the wholesaler by a business for the sale of petroleum 29
32	32	products to the Division of Environmental Quality in writing, including 30
33	33	without limitation by email or fax, within two (2) business days after a 31
34	34	delinquent payment is due. 32
35	35	(2) The report by a wholesaler under subdivision (a)(1) of this 33
36	36	section shall set forth the: 34
37	37	(A) Name of the delinquent business; 35
38	38	(B) Business address of the delinquent business; 36 SB415
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41	41	(C) Date of the sale and delivery of the petroleum product 1
42	42	with the past due payment; 2
43	43	(D) Amount due for the petroleum product or other 3
44	44	delinquent amounts owed to the wholesaler by the delinquent business; and 4
45	45	(E) Name and business address of the wholesaler. 5
46	46	(b)(1) After receiving a report of a delinquencies under subsection 6
47	47	(a) of this section, the division shall "red -tag" the delinquent business 7
48	48	until a notice of removal from the delinquent list has been given by the 8
49	49	division. 9
50	50	(2) The division shall maintain a list of all delinquencies 10
51	51	reported to the division. 11
52	52	(3) Petroleum products shall not be delivered to a delinquent 12
53	53	business on the list under subdivision (b)(2) of this section until the "red 13
54	54	tag" has been removed by the division. 14
55	55	(c)(1) A delinquent business that is on the list under subdivision 15
56	56	(b)(2) of this section shall pay the delinquent fees to the wholesaler by 16
57	57	cash, electronic transfer of funds, United States postal money order, postal 17
58	58	note, express money order, cashier's check, certified check, or bank 18
59	59	exchange. 19
60	60	(2)(A) A wholesaler that receives a full payment under 20
61	61	subdivision (c)(1) of this section shall report receipt of the full payment 21
62	62	to the division no later than the next business day following receipt of the 22
63	63	payment. 23
64	64	(B) The division shall remove the "red tag" on the 24
65	65	delinquent business upon receipt of notification of the full payment under 25
66	66	subdivision (c)(2)(A) of this section. 26
67	67	(d)(1)(A) If a delinquent business contends that the delinquent 27
68	68	business was placed on the delinquent list because of a dispute involving the 28
69	69	quality or quantity of the petroleum product or another factor involved in 29
70	70	the sale of or purchase of the petroleum product, the delinquent business may 30
71	71	file a statement in writing to the division setting forth in detail the 31
72	72	reason why a delinquency should not exist. 32
73	73	(B) If a delinquent business files a written statement 33
74	74	under subdivision (d)(1)(A) of this section, the delinquent business shall 34
75	75	provide a copy of the written statement to the wholesaler. 35
76	76	(2)(A) A wholesaler also may file a statement in writing to the 36 SB415
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79	79	division regarding the delinquency in subdivision (d)(1) of this section. 1
80	80	(B) If a wholesaler files a statement under subdivision 2
81	81	(d)(2)(A) of this section, the statement shall be filed within three (3) 3
82	82	business days of the wholesaler receiving the written statement of the 4
83	83	delinquent business under subdivision (d)(1)(B) of this section. 5
84	84	(3) The division shall review the written statements filed with 6
85	85	the division under subdivisions (d)(1) and (2) of this section and determine 7
86	86	whether the "red-tag" on the delinquent business should be removed. 8
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