§ 23-16-105 - Statement of fees due from rail carriers -- Payment -- Delinquent penalty.
23-16-105. Statement of fees due from rail carriers -- Payment -- Delinquent penalty.
(a) After determining the amount of the fee due to be paid by each of the rail carriers, the Arkansas State Highway and Transportation Department, annually on or before August 15, shall prepare and transmit to each of the rail carriers a statement of the fees due for rail carrier costs during the preceding fiscal year.
(b) Thereafter, on or before August 31 of each year, each of the rail carriers shall pay to the department all fees shown to be due by the statements.
(c) On receipt of the fees and charges provided for in this subchapter, the department shall deposit the fees and charges with the Treasurer of State, and the amount so received by the Treasurer of State shall be classified by the Treasurer of State as special revenues and transferred, by the Treasurer of State on the last business day of the month such amounts are deposited, to the State Highway and Transportation Department Fund, there, notwithstanding the provisions of any law to the contrary, to be utilized by the department for the purposes of administering the laws of this state which the State Highway Commission and the department are responsible for administering with regard to rail carriers and for the construction, reconstruction, and maintenance of highways and bridges in the state highway system.
(d) In the event any rail carrier fails or refuses to pay the fees provided for in this subchapter on or before August 31 of each year, the department shall add to such fee a penalty of twenty-five percent (25%) thereof and certify the amount of the delinquent fee and penalty to the Attorney General for collection.