Arkansas targeted business in-house research credit

Todd Feathers filed this request with the Arkansas Economic Development Commission of Arkansas.
Due May 24, 2017
Est. Completion None
Status
Awaiting Response

Communications

From: Todd Feathers

To Whom It May Concern:

Pursuant to the Arkansas Freedom of Information Act (“FOIA”), Ark. Code Ann. § § 25-19-101 to 25-19-109, I hereby request the following records:

1) All documentation of the sales of In-house Research by Targeted Business Income Tax Credits since Jan. 1, 2012. According to the Consolidated Incentive Act final rules: "Upon application and approval by the Commission, the business may sell earned income tax credits. The credits may only be sold one time. The Commission may assist the targeted business in finding
a buyer for the tax credits. Any sale of tax credits through this incentive will be fully documented by the Commission..." (Pg. 43).

I ask that all fees be waived as I am a journalist employed by the Lowell Sun and I intend to use the requested records to publish articles in the public interest and not for any commercial purposes.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Todd Feathers

From: Scott Hardin

Mr. Feathers,

Hello. Thank you for your request. I received it today and will be in touch tomorrow with more information. My contact info. is below. Let me know how I can help. Thank you.
Scott Hardin
Director of Communications
Arkansas Economic Development Commission
900 W. Capitol, Suite 400
Little Rock, AR 72201
501-682-7306 (office)
501-944-2859 (cell)
shardin@arkansasedc.com<mailto:shardin@arkansasedc.com>

Pursuant to the Arkansas Freedom of Information Act ("FOIA"), Ark. Code Ann. § § 25-19-101 to 25-19-109, I hereby request the following records:

1) All documentation of the sales of In-house Research by Targeted Business Income Tax Credits since Jan. 1, 2012. According to the Consolidated Incentive Act final rules: "Upon application and approval by the Commission, the business may sell earned income tax credits. The credits may only be sold one time. The Commission may assist the targeted business in finding
a buyer for the tax credits. Any sale of tax credits through this incentive will be fully documented by the Commission..." (Pg. 43).

I ask that all fees be waived as I am a journalist employed by the Lowell Sun and I intend to use the requested records to publish articles in the public interest and not for any commercial purposes.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Todd Feathers

requests@muckrock.com<mailto:requests@muckrock.com>

From: Todd Feathers

Hey Scott,

Thank you for the acknowledgement.

Did you try to give me a call today? I was away from the office and my cell phone wasn't getting any reception, so just want to make sure I didn't miss anything.

Best,
Todd

From: Scott Hardin

Todd,
Hello. I apologize for the delay as we had a couple of employees out who manage the targeted business incentive and I wanted to be sure I was not missing any files. I now have everything and will send it shortly. Let me know how I can help. Thanks.
Scott

From: Scott Hardin

Todd,
Attached please find the first of several emails I am sending. Attached is the actual application that companies (that have already qualified to receive the targeted business incentive) must provide AEDC if they plan on selling their credit. I am going to be sending you every one of these applications we’ve processed since Jan. 1, 2012. Thanks.
Scott

From: Scott Hardin

Todd,
Attached please find the first of several PDFs I will be sending today. As I mentioned in a previous email I will be sending all applications that AEDC has processed (for the sale of tax credits generated via the targeted business incentive) since January 1, 2012. Large PDFs tend to get held up in our system. Do you mind confirming each email you receive? You will notice some information on the applications has been redacted. AEDC is provided an exemption (listed below) to Arkansas’ Freedom of Information Act on certain files and information. I am free to discuss at your convenience if you have questions. Let me know how I can help.

Scott Hardin
AEDC

The Arkansas Economic Development Commission’s (AEDC) exception to the state Freedom of Information Act (FOIA) says the following are not deemed open under FOIA:

….records maintained by the AEDC related to any business entity’s planning, site location, expansion, operations, or product development and marketing, unless approval for release of such records is granted by the business entity. A.C.A 25-19-105(b)(9)(A). NOTE: More information can be found via the Arkansas Freedom of Information Act Handbook at http://c.ymcdn.com/sites/www.arkansaspress.org/resource/resmgr/Publications-2015/foi-17ed.pdf<https://urldefense.proofpoint.com/v2/url?u=http-3A__c.ymcdn.com_sites_www.arkansaspress.org_resource_resmgr_Publications-2D2015_foi-2D17ed.pdf&d=DwMFAg&c=2qwu4RrWzdlNOcmb_drAcw&r=kxUmadgvioWCkkBRV8tj5NQHo7SIKiLMXi7eU60x5W8&m=1Rmi-cDpNVTkVccpgLW3iy1k-r_kA_bRP448z_TeJiY&s=jPJ11xJdyPAZzClBmrtfgUc_JKF3S10znhGypHX4LYE&e=>. The Arkansas Economic Development Commission exemption can be found on page 8.

From: Scott Hardin

Todd,
Attached please find two additional PDFs containing applications. More to follow… Thanks.
Scott

From: Todd Feathers

Thank you, Scott. I received your first two emails.

Best,
Todd

From: Todd Feathers

Thank you, Scott. I received your first two emails.

Best,
Todd

From: Todd Feathers

Scott,

Hopefully I've caught you before you've gone through the rest of the documents and redacted them. If you have some time on Monday, could we discuss some of the information that's been withheld. I'll freely admit I'm not intimately familiar with Arkansas's public records law and I want to make sure I understand the redactions before I appeal.

I'll be at 978-970-4650.

Thank you again for all the help,
Todd

From: Scott Hardin

I apologize for the delay. If you are free tomorrow morning I will give you a call to discuss. Thanks.
Scott

From: Scott Hardin

Hello. Just following up to see if you would like me to go ahead and send the remainder of the applications. If you’d like to discuss I can call you at a time that works for you. I appreciate it.
Scott

From: Todd Feathers

Hey Scott,

Just wanted to check in and see if you'd heard back from the lawyers?

Thanks again for everything,
Todd
978-970-4650

From: Scott Hardin

Hello.
I apologize for the delay in providing an answer. It was confirmed to me that we are unable to provide the information that was initially redacted on the forms. If you need our (Arkansas Economic Development Commission) specific exemption I am happy to send as it explains the information that can be considered confidential/exempt. Let me know how I can help.

Scott

From: Todd Feathers

Scott,

If you don't mind sending it along, I'd greatly appreciate it.

Thanks,
Todd

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