Section 15-3-108 - Nature, powers, and duties generally(a) The Division of Science and Technology of the Arkansas Economic Development Commission shall be a body corporate and politic, having the powers and jurisdiction hereinafter enumerated and additional powers as conferred upon it by the General Assembly, the Director of the Arkansas Economic Development Commission, or the people of this state.(b) The director, with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, is authorized and designated to engage in undertakings, programs, enterprises, and activities involving agriculture, manufacturing, medical and healthcare, transportation, public utility services, research and development, and other programs involving the establishment and encouragement of science and technological research.(c) The director, the division, and its board, employees, and agents shall be immune from civil liability for performing the duties under this subchapter.(d) In the furtherance of the division's purposes, the director shall have all the powers necessary to carry out the division's purposes, which shall include, but not be limited to: (1) Make, amend, and repeal bylaws and rules for the management of the affairs of the division;(2) Adopt an official seal for the division;(3) Sue and be sued in his or her own name;(4) Make contracts and execute all instruments necessary or convenient for carrying out the business of the division;(5) Acquire, own, hold, dispose of, and encumber real or personal property of any nature, both tangible and intangible, or any interest therein;(6) Enter into agreements or other transactions with any federal, state, county, or municipal agency and with any individual, corporation, firm, association, or any other entity involving science and technology;(7) Acquire real property or an interest in real property by purchase or foreclosure when such an acquisition is necessary or appropriate to protect or secure any investment or loan in which the division has an interest;(8) Sell, transfer, and convey any such property to a buyer, and in the event the sale, transfer, or conveyance cannot be effected with reasonable promptness or at a reasonable price, lease the property to a tenant;(9) Invest any funds appropriated by the state and held in reserve in funds not required for immediate disbursement, in investments that may be lawful for fiduciaries in the State of Arkansas, and invest funds received from gifts, grants, donations, and other operations of the division in investments that would be lawful for a private corporation having purposes similar to the division;(10) Borrow money and give guaranties, provided that the indebtedness and other obligations of the division shall be payable solely out of its own resources and shall not constitute a pledge of the full faith and credit of the State of Arkansas or any of its revenues;(12) Appear on behalf of the division before boards, commissions, departments, or other agencies of municipal, county, state, or federal government;(13) Procure insurance against any losses in connection with the properties of the division in amounts from insurers that may be necessary or desirable;(14) Consent, subject to the provisions of any contract with noteholders, whenever he or she deems it necessary or desirable in the fulfillment of the purposes of this subchapter, to the modifications with respect to the rate of interest, time payment, or of any installment, of principal and interest, or any terms of any contract or agreement of any kind to which the division is a party;(15)(A) Accept any and all donations, grants, bequests, and devises, conditional or otherwise, of money, property, services, or other things of value that may be received from the United States Government or any agency thereof, any governmental agency, or any institution, person, firm, or corporation, public or private, to be held, used, or applied for any or all of the purposes specified in this subchapter in accordance with the terms and conditions of any such grant.(B) Receipt of each such donation or grant shall be detailed in the annual report of the division.(C) This report shall include the identity of the donor or lender, the nature of the transaction, and any conditions attaching thereto;(16) Trade, buy, or sell qualified securities;(17) Finance, conduct, or cooperate in the financing or conducting of scientific, technological, business, financial, or other investigations that are related or likely to lead to business and economic development involving science and technology by making and entering into contracts or other appropriate arrangements, including the provision of grants, loans, and other forms of assistance;(18) Solicit, study, and assist in the preparation of business plans and proposals of new or established science and technologically oriented businesses and advance the state of science in Arkansas for those purposes;(19) Prepare, publish, and distribute, with or without charge as the director may determine, such technological studies, reports, bulletins, and other materials as he or she deems appropriate, subject only to the maintenance and responsibility for confidentiality of the client's proprietary information;(20) Organize, conduct, sponsor, or cooperate in and assist the conduct of special institutes, conferences, demonstrations, and studies relating to the stimulation and formulation of basic science, applied science, and technologically oriented businesses and studies relating to the formulation of scientific or technologically oriented business and industry endeavors;(21) Own and possess patents, copyrights, and proprietary processes and enter into contracts and establish charges for the use of such patents, copyrights, and proprietary processes involving science or technology;(22) Provide and pay for advisory services and technical assistance that may be necessary or desirable to carry out the purposes of this subchapter;(23) Exercise any other powers necessary for the operation and functioning of the division within the purposes authorized in this subchapter;(24)(A) Provide scientific and technological data and information required by the Governor, the General Assembly, or its committees, to state agencies and cities, counties, and school districts, and to private citizens and groups, within the limitations of the resources available to the division.(B) This service shall be in addition to any services currently being provided to the General Assembly by any higher education institution, committee, or any other organization; and(25) Prepare, publish, amend, and distribute a research and development plan to guide investments in research and commercialization, strategic research, and technology-based enterprises.Amended by Act 2019, No. 315,§ 1050, eff. 7/24/2019.Amended by Act 2019, No. 910,§ 335, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 334, eff. 7/1/2019.Amended by Act 2019, No. 910,§ 333, eff. 7/1/2019.Amended by Act 2015EX1, No. 8,§ 76, eff. 7/1/2015.Amended by Act 2015EX1, No. 7,§ 76, eff. 7/1/2015.Acts 1983, No. 859, §§ 3, 4; 1985, No. 409, §§ 3-6; A.S.A. 1947, §§ 6-1603, 6-1604; Acts 2005, No. 183, § 1; 2007, No. 988, § 1.