As used in this part:

1. (1)

   1. (A) "Economically distressed area" means a county-wide area in Arkansas in which the percentage of families that earn income below poverty level exceeds twenty-three percent (23%), based on year 2000 income levels as compiled by the United States Bureau of the Census demographic profiles.

   2. (B) The following Arkansas counties qualify as economically distressed areas:

      1. (i) Chicot;
      2. (ii) Desha;
      3. (iii) Lee;
      4. (iv) Phillips; and
      5. (v) St. Francis;

2. (2) "Geotourism" means tourism that sustains or enhances the geographical character of an area including without limitation:

   1. (A) Its environment;
   2. (B) Its heritage;
   3. (C) Its aesthetics;
   4. (D) Its culture;
   5. (E) Its natural resources; and
   6. (F) The well-being of its residents;

3. (3) "Geotourism attraction" means an environmental, aesthetic, cultural, or natural point of interest in an area of natural phenomena or scenic beauty that attracts tourists to experience and appreciate the environmental, aesthetic, cultural, or natural point of interest including without limitation a:

   1. (A) Geological monument;
   2. (B) Lake;
   3. (C) Mountain;
   4. (D) Park;
   5. (E) River;
   6. (F) Species of animal abundant or unique to a particular area;
   7. (G) Species of bird abundant or unique to a particular area;
   8. (H) Species of insect abundant or unique to a particular area;
   9. (I) Wetland or aquatic resources area; and
   10. (J) Historic site;

4. (4)

   1. (A) "Geotourism-supporting business" means a business necessary to support a geotourism attraction by constructing, expanding, or remodeling a retail facility including without limitation:

      1. (i) Cultural or education centers;
      2. (ii) Indoor or outdoor plays or music shows;
      3. (iii) Recreational or entertainment facilities;
      4. (iv) Sporting goods retail and rental establishments;
      5. (v) Guide services;
      6. (vi) Transient lodging facilities including RV parks;
      7. (vii) Arts and antique shops;
      8. (viii) Campgrounds;
      9. (ix) Bed and breakfasts;
      10. (x) Dining establishments; and

      11. (xi) Agritourism facilities including but not limited to:

          1. (a) (a) Pumpkin patches;
          2. (b) (b) Crop mazes; or
      12. (c) (c) Other agricultural attractions.

   2. (B) "Geotourism-supporting business" does not include:

      1. (i) Facilities that are not open to the general public; or
      2. (ii) Facilities owned by the State of Arkansas or a political subdivision of the state;

5. (5) "Geotourism tax credit" means a tax credit against the:

   1. (A) Income tax imposed by the Income Tax Act of 1929, Arkansas Code § 26-51-101 et seq.; or
   2. (B) Premium taxes under Arkansas Code §§ 26-57-603 – 26-57-605;

6. (6) "Geotourist" means a person who travels to an area to enjoy the area's:

   1. (A) Natural habitats;
   2. (B) Heritage sites;
   3. (C) Scenic appeals; and
   4. (D) Local culture;

7. (7) "Holder" means a qualified recipient of a geotourism tax credit that is:

   1. (A) A person or entity subject to the income tax imposed by the Income Tax Act of 1929, Arkansas Code § 26-51-101 et seq.; or
   2. (B) An insurance company paying an annual premium tax on its gross premium receipts under Arkansas Code §§ 26-57-603 – 26-57-605;
8. (8) "Invest" means capital expenditure in real or personal property used predominantly for geotourism;
9. (9) "Lower Mississippi River Delta" means a county in Arkansas or portion of a county in Arkansas whose land area includes an alluvial plain created by the Mississippi River;

10. (10) "Person or entity" means:

    1. (A) A sole proprietorship;
    2. (B) A partnership;
    3. (C) An LLC; or
    4. (D) A corporation;
11. (11) "RV parks" means retail businesses engaged in the service of furnishing temporary parking spaces for mobile, motorized recreational vehicles or travel trailers to transient guests;
12. (12) "Tourism attraction" means the same as defined under Arkansas Code § 15-11-503;
13. (13) "Tourism attraction project" means the same as defined under Arkansas Code § 15-11-503;

14. (14) "Tourism-supporting business" means a business that is open to the general public and provides goods or services necessary to support a tourism attraction and includes without limitation:

    1. (A) Restaurants;
    2. (B) Retail establishments; and
    3. (C) Lodging facilities;
15. (15) "Transient lodging facilities" means retail businesses engaged in the business of furnishing rooms, suites, condominiums, townhouses, rental houses, or other accommodations to transient guests; and
16. (16) "Transient guests" means those who rent accommodations other than their regular place of abode on less than a month-to-month basis.

Codification Notes: “LLC” means limited liability company. "RV" means recreational vehicle.