1. (a)

   1. (1) To be eligible for matching funds, a regional tourist promotion agency shall first be incorporated as a nonprofit corporation under either the provisions of the Arkansas Nonprofit Corporation Act, Arkansas Code § 4-28-201 et seq., or the Arkansas Nonprofit Corporation Act of 1993, Arkansas Code § 4-33-101 et seq.
   2. (2) The corporation shall be open to all interested citizens and residents of counties comprising a natural planning region of this state.
   3. (3) The membership in the corporation shall represent counties comprising not less than fifty percent (50%) of the total population of the region.

2. (b)

   1. (1) A regional tourist promotion agency:

      1. (A) Has been established in each of the twelve (12) current regions, including all of Arkansas’s seventy-five (75) counties; and
      2. (B) Provides that any two (2) or more natural planning regions may merge to form a single regional area of the respective regions.
   2. (2) But no more than one (1) nonprofit corporation will be designated as the regional tourist promotion agency for the combined regions.
3. (c) A county in one (1) natural planning region may, upon approval of the Tourism Division of the Department of Parks, Heritage, and Tourism and the State Parks, Recreation, and Travel Commission, join an adjacent natural planning region if and when the county tourist values are more closely identified with the other region.

4. (d)

   1. (1) A copy of incorporation papers, constitution, and bylaws of the regional tourist promotion agency, along with a letter of application to be recognized as the tourist promotion agency, will be sent to the division.
   2. (2) When the division determines that the constitution and bylaws are in compliance with the rules established by the division, that applying corporation will be designated as the participating agency for matching funds in the region.

5. (e)

   1. (1) A region may change its name by a vote of a majority of its board of directors and approval from the State Parks, Recreation, and Travel Commission.
   2. (2) However, no region may change its name more than once within a five-year period.

6. (f) In order to be eligible for participation in the Regional Matching Funds Grant Program, the regional tourist associations agree to comply with all applicable rules as set forth:

   1. (1) In either the provisions of the Arkansas Nonprofit Corporation Act, Arkansas Code § 4-28-201 et seq., or the Arkansas Nonprofit Corporation Act of 1993, Arkansas Code § 4-33-101 et seq.;
   2. (2) By the State Parks, Recreation, and Travel Commission, Arkansas Code § 22-4-101 et seq.; and
   3. (3) In this part.

7. (g)

   1. (1) A regional tourist promotion agency must have at least one (1) board member from each of the counties composing a region as long as an interested party is available in all counties.
   2. (2) Each board member must either reside, own a business, or be employed in the county he or she represents.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(A.C.A. § 15-11-401 et seq.)"