Ark. Code Ann. § 23-99-415 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-415
Enforcement and penalties
Status: in_force

The Insurance Commissioner shall have all the powers to enforce this subchapter as are granted to the commissioner elsewhere in the Arkansas Insurance Code. Acts 1997, No. 1196, § 15.

The Insurance Commissioner shall have all the powers to enforce this subchapter as are granted to the commissioner elsewhere in the Arkansas Insurance Code.

Acts 1997, No. 1196, § 15.
Ark. Code Ann. § 23-63-529 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-529
Acquisitions involving insurers not otherwise covered - Orders and penalties
Status: in_force

(a) (1) If an acquisition violates the standards of §§ 23-63-525 - 23-63-528 , the Insurance Commissioner may enter an order: (A) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (B) Denying the application of an acquired or acquiring insurer for a license to do business in this state. (2) Such an order shall not be entered unless there is a hearing, and notice of the hearing is issued prior to the end of the waiting period and not less than ten (10) days prior to the hearing, and the hearing is concluded and the order is issued no later than sixty (60) days after the end of the waiting period. Every order shall be accompanied by a written decision of the commissioner setting forth his or her findings of fact and conclusions of law. (3) An order entered under this subsection shall not become final earlier than thirty (30) days after it is issued during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such a plan or other information, the commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of §§ 23-63-525 - 23-63-528 would be remedied and the order vacated and modified. (4) An order pursuant to this subsection shall not apply if the acquisition is not consummated. (b) Any person who violates a cease and desist order of the commissioner under subsection (a) of this section and while such an order is in effect may after notice and hearing and upon order of the commissioner be subject at the discretion of the commissioner to any one (1) or more of the following: (1) A monetary penalty of not more than ten thousand dollars ($10,000) for every day of violation; and (2) Suspension or revocation of the person's license. (c) Any insurer or other person who fails to make any filing required by §§ 23-63-525 - 23-63-528 and who fails to demonstrate a good faith effort to comply with any such filing requirement shall be subject to a fine of not more than fifty thousand dollars ($50,000). Acts 1991, No. 723, § 29.

(a) (1) If an acquisition violates the standards of §§ 23-63-525 - 23-63-528 , the Insurance Commissioner may enter an order: (A) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (B) Denying the application of an acquired or acquiring insurer for a license to do business in this state. (2) Such an order shall not be entered unless there is a hearing, and notice of the hearing is issued prior to the end of the waiting period and not less than ten (10) days prior to the hearing, and the hearing is concluded and the order is issued no later than sixty (60) days after the end of the waiting period. Every order shall be accompanied by a written decision of the commissioner setting forth his or her findings of fact and conclusions of law. (3) An order entered under this subsection shall not become final earlier than thirty (30) days after it is issued during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such a plan or other information, the commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of §§ 23-63-525 - 23-63-528 would be remedied and the order vacated and modified. (4) An order pursuant to this subsection shall not apply if the acquisition is not consummated.

(1) If an acquisition violates the standards of §§ 23-63-525 - 23-63-528 , the Insurance Commissioner may enter an order: (A) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or (B) Denying the application of an acquired or acquiring insurer for a license to do business in this state.

(A) Requiring an involved insurer to cease and desist from doing business in this state with respect to the line or lines of insurance involved in the violation; or

(B) Denying the application of an acquired or acquiring insurer for a license to do business in this state.

(2) Such an order shall not be entered unless there is a hearing, and notice of the hearing is issued prior to the end of the waiting period and not less than ten (10) days prior to the hearing, and the hearing is concluded and the order is issued no later than sixty (60) days after the end of the waiting period. Every order shall be accompanied by a written decision of the commissioner setting forth his or her findings of fact and conclusions of law.

(3) An order entered under this subsection shall not become final earlier than thirty (30) days after it is issued during which time the involved insurer may submit a plan to remedy the anticompetitive impact of the acquisition within a reasonable time. Based upon such a plan or other information, the commissioner shall specify the conditions, if any, under the time period during which the aspects of the acquisition causing a violation of the standards of §§ 23-63-525 - 23-63-528 would be remedied and the order vacated and modified.

(4) An order pursuant to this subsection shall not apply if the acquisition is not consummated.

(b) Any person who violates a cease and desist order of the commissioner under subsection (a) of this section and while such an order is in effect may after notice and hearing and upon order of the commissioner be subject at the discretion of the commissioner to any one (1) or more of the following: (1) A monetary penalty of not more than ten thousand dollars ($10,000) for every day of violation; and (2) Suspension or revocation of the person's license.

(1) A monetary penalty of not more than ten thousand dollars ($10,000) for every day of violation; and

(2) Suspension or revocation of the person's license.

(c) Any insurer or other person who fails to make any filing required by §§ 23-63-525 - 23-63-528 and who fails to demonstrate a good faith effort to comply with any such filing requirement shall be subject to a fine of not more than fifty thousand dollars ($50,000).

Acts 1991, No. 723, § 29.
Ark. Code Ann. § 23-69-136 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-136
Situs of personal property for taxation
Status: in_force

For the purpose of state, county, and municipal taxation, the situs of all personal property belonging to a domestic insurer and located in this state shall be at the home office of the insurer. Acts 1959, No. 148, § 491; A.S.A. 1947, § 66-4239.

For the purpose of state, county, and municipal taxation, the situs of all personal property belonging to a domestic insurer and located in this state shall be at the home office of the insurer.

Acts 1959, No. 148, § 491; A.S.A. 1947, § 66-4239.
Ark. Code Ann. § 23-35-607 — AR Code / Title 23 / Chapter 35 / Subchapter 6 / Section 23-35-607
Dividends - Definition
Status: in_force

(a) At such intervals as the board of directors of the credit union may authorize and after provision for required reserves, the board may declare, pursuant to such rules as may be issued by the State Credit Union Supervisor, a dividend to be paid at different rates on different types of shares and at different rates and maturity dates in the case of share certificates. (b) (1) Dividend credit may be accrued on various types of shares and share certificates as authorized by the board. (2) Dividend credit for a month may be accrued on shares which are or become fully paid up during the first fifteen (15) days of that month. (3) No dividends shall be paid on shares which are withdrawn during the dividend period. (c) (1) No dividend shall be declared or paid at a time when the credit union is insolvent or when the payments thereof would render the credit union insolvent. (2) Insolvency shall be determined by the supervisor to have occurred when: (A) A credit union cannot meet its obligations as they come due in the normal course of business; or (B) Considering the credit union's assets and liabilities, the net recoverable assets, if made immediately available, would not be sufficient to discharge the credit union's obligations to its creditors and members. (3) As used in this subsection, "net recoverable assets" means all assets of the credit union as reflected in a balance sheet which has been prepared using generally accepted accounting principles less the following: (A) Any uncollectible or unrecoverable asset; (B) Ten percent (10%) of the unpaid balances of all loans delinquent more than two (2) months but less than six (6) months, twenty-five percent (25%) of the unpaid balances of all loans delinquent from six (6) months to less than twelve (12) months, eighty percent (80%) of the unpaid balances of loans delinquent twelve (12) months but less than sixteen (16) months, and one hundred percent (100%) of the unpaid balances of all loans delinquent sixteen (16) months or more. (d) Each individual who has met the requirements for membership shall be entitled to, and paid, a dividend on his or her fully paid shares as declared by the board. Amended by Act 2019, No. 315,§ 2490, eff. 7/24/2019. Acts 1971, No. 132, § 27; 1975, No. 530, § 17; 1979, No. 206, § 8; 1985, No. 936, §§ 16-18; A.S.A. 1947, § 67-927.

(a) At such intervals as the board of directors of the credit union may authorize and after provision for required reserves, the board may declare, pursuant to such rules as may be issued by the State Credit Union Supervisor, a dividend to be paid at different rates on different types of shares and at different rates and maturity dates in the case of share certificates.

(b) (1) Dividend credit may be accrued on various types of shares and share certificates as authorized by the board. (2) Dividend credit for a month may be accrued on shares which are or become fully paid up during the first fifteen (15) days of that month. (3) No dividends shall be paid on shares which are withdrawn during the dividend period.

(1) Dividend credit may be accrued on various types of shares and share certificates as authorized by the board.

(2) Dividend credit for a month may be accrued on shares which are or become fully paid up during the first fifteen (15) days of that month.

(3) No dividends shall be paid on shares which are withdrawn during the dividend period.

(c) (1) No dividend shall be declared or paid at a time when the credit union is insolvent or when the payments thereof would render the credit union insolvent. (2) Insolvency shall be determined by the supervisor to have occurred when: (A) A credit union cannot meet its obligations as they come due in the normal course of business; or (B) Considering the credit union's assets and liabilities, the net recoverable assets, if made immediately available, would not be sufficient to discharge the credit union's obligations to its creditors and members. (3) As used in this subsection, "net recoverable assets" means all assets of the credit union as reflected in a balance sheet which has been prepared using generally accepted accounting principles less the following: (A) Any uncollectible or unrecoverable asset; (B) Ten percent (10%) of the unpaid balances of all loans delinquent more than two (2) months but less than six (6) months, twenty-five percent (25%) of the unpaid balances of all loans delinquent from six (6) months to less than twelve (12) months, eighty percent (80%) of the unpaid balances of loans delinquent twelve (12) months but less than sixteen (16) months, and one hundred percent (100%) of the unpaid balances of all loans delinquent sixteen (16) months or more.

(1) No dividend shall be declared or paid at a time when the credit union is insolvent or when the payments thereof would render the credit union insolvent.

(2) Insolvency shall be determined by the supervisor to have occurred when: (A) A credit union cannot meet its obligations as they come due in the normal course of business; or (B) Considering the credit union's assets and liabilities, the net recoverable assets, if made immediately available, would not be sufficient to discharge the credit union's obligations to its creditors and members.

(A) A credit union cannot meet its obligations as they come due in the normal course of business; or

(B) Considering the credit union's assets and liabilities, the net recoverable assets, if made immediately available, would not be sufficient to discharge the credit union's obligations to its creditors and members.

(3) As used in this subsection, "net recoverable assets" means all assets of the credit union as reflected in a balance sheet which has been prepared using generally accepted accounting principles less the following: (A) Any uncollectible or unrecoverable asset; (B) Ten percent (10%) of the unpaid balances of all loans delinquent more than two (2) months but less than six (6) months, twenty-five percent (25%) of the unpaid balances of all loans delinquent from six (6) months to less than twelve (12) months, eighty percent (80%) of the unpaid balances of loans delinquent twelve (12) months but less than sixteen (16) months, and one hundred percent (100%) of the unpaid balances of all loans delinquent sixteen (16) months or more.

(A) Any uncollectible or unrecoverable asset;

(B) Ten percent (10%) of the unpaid balances of all loans delinquent more than two (2) months but less than six (6) months, twenty-five percent (25%) of the unpaid balances of all loans delinquent from six (6) months to less than twelve (12) months, eighty percent (80%) of the unpaid balances of loans delinquent twelve (12) months but less than sixteen (16) months, and one hundred percent (100%) of the unpaid balances of all loans delinquent sixteen (16) months or more.

(d) Each individual who has met the requirements for membership shall be entitled to, and paid, a dividend on his or her fully paid shares as declared by the board.

Amended by Act 2019, No. 315,§ 2490, eff. 7/24/2019.

Acts 1971, No. 132, § 27; 1975, No. 530, § 17; 1979, No. 206, § 8; 1985, No. 936, §§ 16-18; A.S.A. 1947, § 67-927.
Ark. Code Ann. § 23-13-239 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-239
Common carriers - Rates, fares, rules, etc. - Determination by department
Status: in_force

(a) (1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas Department of Transportation shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carriers by railroad, express, or water for transportation, or that any classification, rule, or practice whatsoever of the carriers affecting the rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, or unduly preferential, or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, or practice thereafter to be made effective. (2) Whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint, the department shall establish through routes and joint rates, fares, charges, rules, or practices applicable to the transportation of passengers by common carriers by motor vehicle or establish the maximum or minimum rates, fares, or charges to be charged and the terms and conditions under which the through routes shall be operated. (b) Nothing in this subchapter shall empower the department to prescribe or in any manner regulate the rate, fare, or charge for interstate transportation or for any service connected therewith. Amended by Act 2019, No. 315,§ 2436, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 210, eff. 8/1/2017. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.

(a) (1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas Department of Transportation shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carriers by railroad, express, or water for transportation, or that any classification, rule, or practice whatsoever of the carriers affecting the rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, or unduly preferential, or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, or practice thereafter to be made effective. (2) Whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint, the department shall establish through routes and joint rates, fares, charges, rules, or practices applicable to the transportation of passengers by common carriers by motor vehicle or establish the maximum or minimum rates, fares, or charges to be charged and the terms and conditions under which the through routes shall be operated.

(1) Whenever, after hearing, upon complaint, or in an investigation on its own initiative, the Arkansas Department of Transportation shall be of the opinion that any individual or joint rate, fare, or charge, demanded, charged, or collected by any common carriers by railroad, express, or water for transportation, or that any classification, rule, or practice whatsoever of the carriers affecting the rate, fare, or charge or the value of the service thereunder, is or will be unjust or unreasonable, unjustly discriminatory, or unduly preferential, or unduly prejudicial, it shall determine and prescribe the lawful rate, fare, or charge or the maximum or minimum rate, fare, or charge thereafter to be observed, or the lawful classification, rule, or practice thereafter to be made effective.

(2) Whenever deemed by it to be necessary or desirable in the public interest, after hearing, upon complaint, the department shall establish through routes and joint rates, fares, charges, rules, or practices applicable to the transportation of passengers by common carriers by motor vehicle or establish the maximum or minimum rates, fares, or charges to be charged and the terms and conditions under which the through routes shall be operated.

(b) Nothing in this subchapter shall empower the department to prescribe or in any manner regulate the rate, fare, or charge for interstate transportation or for any service connected therewith.

Amended by Act 2019, No. 315,§ 2436, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 210, eff. 8/1/2017.

Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Ark. Code Ann. § 23-1-107 — AR Code / Title 23 / Chapter 1 / Section 23-1-107
Acts of agent, employee, or officer are acts of corporation
Status: in_force

In construing and enforcing the provisions of this act relating to penalties, the act, omission, or failure of any officer, agent, or employee of any corporation shall in every case be deemed to be also the act, omission, or failure of the corporation or person. Acts 1935, No. 324, § 65; Pope's Dig., § 2125; A.S.A. 1947, § 73-261.

In construing and enforcing the provisions of this act relating to penalties, the act, omission, or failure of any officer, agent, or employee of any corporation shall in every case be deemed to be also the act, omission, or failure of the corporation or person.

Acts 1935, No. 324, § 65; Pope's Dig., § 2125; A.S.A. 1947, § 73-261.
Ark. Code Ann. § 23-17-110 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-110
Telegraph companies - Schedule of rates
Status: in_force

In order to ascertain what the regular charges of such companies are, all telegraph companies doing business in this state are required to keep in all their offices in this state a schedule of the regular rates charged by them, which shall be open to the inspection of any person interested therein. Acts 1897, No. 53, § 3, p. 72; C. & M. Dig., §§ 873, 10250a; Pope's Dig., §§ 1077, 14260; A.S.A. 1947, § 73-1404.

In order to ascertain what the regular charges of such companies are, all telegraph companies doing business in this state are required to keep in all their offices in this state a schedule of the regular rates charged by them, which shall be open to the inspection of any person interested therein.

Acts 1897, No. 53, § 3, p. 72; C. & M. Dig., §§ 873, 10250a; Pope's Dig., §§ 1077, 14260; A.S.A. 1947, § 73-1404.
Ark. Code Ann. § 23-4-201 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-201
Electric, gas, telephone, or sewer utilities - Rate-making authority - Definition
Status: in_force

(a) (1) The Arkansas Public Service Commission is vested with the sole and exclusive jurisdiction and authority to determine the rates to be charged for each kind of product or service to be furnished or rendered by electric, gas, telephone, or sewer public utilities in Arkansas. (2) Cities and towns in this state shall have no authority acting either through their governing bodies or by the initiative of their citizens to assume or exercise any jurisdiction or authority to fix and determine rates charged in Arkansas by electric, gas, or telephone public utilities. (b) As used in this section, "electric, gas, telephone, or sewer public utilities" includes persons and corporations or their lessees, trustees, and receivers who own or operate, in this state, equipment or facilities for producing, generating, transmitting, delivering, furnishing, or collecting electricity, sewage, or gas for the production of light, heat, or power, or for the collection of sewage or other waste; who convey or transmit messages or communications by telephone or telegraph to, or for, the public for compensation who produce, generate, transmit, deliver, or furnish electricity or gas to any other person or corporation for resale or distribution to, or for, the public for compensation or for operating or maintaining sewer facilities. This term shall not include those utilities owned or operated by municipalities or leased by them to a nonprofit corporation. (c) The General Assembly determines that the existing procedures whereby rates described in this section may be determined and fixed by the cities and towns of the State of Arkansas acting through their governing bodies or by the initiative of their citizens have resulted in a multiplicity of rate determination proceedings and forums which are costly and inefficient, have created conflicts between the rates charged in different cities and towns for the same services thus establishing unreasonable preferences to certain citizens, and have discriminated unfairly against the citizens of certain cities and towns to the detriment and at the expense of those citizens and the citizens of the entire State of Arkansas. (d) Nothing in this section shall be construed to change or alter the rates being charged for electric, gas, telephone, or sewer public utility services until changed by order of the commission in the manner provided by law. Acts 1977, No. 164, §§ 1-3, 5; A.S.A. 1947, §§ 73-202a, 73-202a note, 73-202b, 73-202b note.

(a) (1) The Arkansas Public Service Commission is vested with the sole and exclusive jurisdiction and authority to determine the rates to be charged for each kind of product or service to be furnished or rendered by electric, gas, telephone, or sewer public utilities in Arkansas. (2) Cities and towns in this state shall have no authority acting either through their governing bodies or by the initiative of their citizens to assume or exercise any jurisdiction or authority to fix and determine rates charged in Arkansas by electric, gas, or telephone public utilities.

(1) The Arkansas Public Service Commission is vested with the sole and exclusive jurisdiction and authority to determine the rates to be charged for each kind of product or service to be furnished or rendered by electric, gas, telephone, or sewer public utilities in Arkansas.

(2) Cities and towns in this state shall have no authority acting either through their governing bodies or by the initiative of their citizens to assume or exercise any jurisdiction or authority to fix and determine rates charged in Arkansas by electric, gas, or telephone public utilities.

(b) As used in this section, "electric, gas, telephone, or sewer public utilities" includes persons and corporations or their lessees, trustees, and receivers who own or operate, in this state, equipment or facilities for producing, generating, transmitting, delivering, furnishing, or collecting electricity, sewage, or gas for the production of light, heat, or power, or for the collection of sewage or other waste; who convey or transmit messages or communications by telephone or telegraph to, or for, the public for compensation who produce, generate, transmit, deliver, or furnish electricity or gas to any other person or corporation for resale or distribution to, or for, the public for compensation or for operating or maintaining sewer facilities. This term shall not include those utilities owned or operated by municipalities or leased by them to a nonprofit corporation.

(c) The General Assembly determines that the existing procedures whereby rates described in this section may be determined and fixed by the cities and towns of the State of Arkansas acting through their governing bodies or by the initiative of their citizens have resulted in a multiplicity of rate determination proceedings and forums which are costly and inefficient, have created conflicts between the rates charged in different cities and towns for the same services thus establishing unreasonable preferences to certain citizens, and have discriminated unfairly against the citizens of certain cities and towns to the detriment and at the expense of those citizens and the citizens of the entire State of Arkansas.

(d) Nothing in this section shall be construed to change or alter the rates being charged for electric, gas, telephone, or sewer public utility services until changed by order of the commission in the manner provided by law.

Acts 1977, No. 164, §§ 1-3, 5; A.S.A. 1947, §§ 73-202a, 73-202a note, 73-202b, 73-202b note.
Ark. Code Ann. § 23-99-207 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-207
Civil penalties
Status: in_force

To the extent permitted by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq., any provider adversely affected by a violation of this subchapter may sue in circuit court only for injunctive relief against the healthcare insurer, but not for damages. The prevailing party shall be allowed a reasonable attorney's fee and costs. Acts 1995, No. 505, § 6; 2005, No. 960, § 1.

To the extent permitted by the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001 et seq., any provider adversely affected by a violation of this subchapter may sue in circuit court only for injunctive relief against the healthcare insurer, but not for damages. The prevailing party shall be allowed a reasonable attorney's fee and costs.

Acts 1995, No. 505, § 6; 2005, No. 960, § 1.
Ark. Code Ann. § 23-18-510 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-510
Certificate of environmental compatibility and public need - Requirement - Exceptions
Status: in_force

(a) (1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508 , a person shall not begin construction of a major utility facility in the state without first obtaining a certificate of environmental compatibility and public need for the major utility facility from the Arkansas Public Service Commission. (2) The replacement or expansion of an existing transmission facility with a similar facility in substantially the same location or the rebuilding, upgrading, modernizing, or reconstruction for the purposes of increasing capacity shall not constitute construction of a major utility facility if no increase in width of right-of-way is required. (b) An entity, including without limitation a person, public utility, utility, regional transmission organization, municipality, merchant transmission provider, merchant generator, or other entity, whether regulated or not by the commission, shall not begin construction of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , within a national interest electric transmission corridor without first obtaining a certificate of environmental compatibility and public need for the facility from the commission. (c) This subchapter does not require a certificate of environmental compatibility and public need or an amendment of such a certificate for: (1) Reconstruction, alteration, or relocation of a major utility facility that must be reconstructed, altered, or relocated because of the requirements of a federal, state, or county governmental body or agency for purposes of highway transportation, public safety, or air and water quality; or (2) An electric transmission line and associated facilities including substations of a design voltage of one hundred kilovolts (100 kV) or more to be constructed or operated by a municipal electric utility system that is located within the territorial limits of the municipal electric utility system. (d) An entity granted a certificate of environmental compatibility and public need pursuant to subsection (b) of this section shall have the right of eminent domain as provided by Arkansas law for the limited purpose of constructing the certificated electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , to the extent that the facility is located within a national interest electric transmission corridor. Amended by Act 2013, No. 1133,§ 4, eff. 8/16/2013. Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3; Acts 2007, No. 658, § 2.

(a) (1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508 , a person shall not begin construction of a major utility facility in the state without first obtaining a certificate of environmental compatibility and public need for the major utility facility from the Arkansas Public Service Commission. (2) The replacement or expansion of an existing transmission facility with a similar facility in substantially the same location or the rebuilding, upgrading, modernizing, or reconstruction for the purposes of increasing capacity shall not constitute construction of a major utility facility if no increase in width of right-of-way is required.

(1) Except for persons exempted as provided in subsection (c) of this section and § 23-18-504(a) and § 23-18-508 , a person shall not begin construction of a major utility facility in the state without first obtaining a certificate of environmental compatibility and public need for the major utility facility from the Arkansas Public Service Commission.

(2) The replacement or expansion of an existing transmission facility with a similar facility in substantially the same location or the rebuilding, upgrading, modernizing, or reconstruction for the purposes of increasing capacity shall not constitute construction of a major utility facility if no increase in width of right-of-way is required.

(b) An entity, including without limitation a person, public utility, utility, regional transmission organization, municipality, merchant transmission provider, merchant generator, or other entity, whether regulated or not by the commission, shall not begin construction of an electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , within a national interest electric transmission corridor without first obtaining a certificate of environmental compatibility and public need for the facility from the commission.

(c) This subchapter does not require a certificate of environmental compatibility and public need or an amendment of such a certificate for: (1) Reconstruction, alteration, or relocation of a major utility facility that must be reconstructed, altered, or relocated because of the requirements of a federal, state, or county governmental body or agency for purposes of highway transportation, public safety, or air and water quality; or (2) An electric transmission line and associated facilities including substations of a design voltage of one hundred kilovolts (100 kV) or more to be constructed or operated by a municipal electric utility system that is located within the territorial limits of the municipal electric utility system.

(1) Reconstruction, alteration, or relocation of a major utility facility that must be reconstructed, altered, or relocated because of the requirements of a federal, state, or county governmental body or agency for purposes of highway transportation, public safety, or air and water quality; or

(2) An electric transmission line and associated facilities including substations of a design voltage of one hundred kilovolts (100 kV) or more to be constructed or operated by a municipal electric utility system that is located within the territorial limits of the municipal electric utility system.

(d) An entity granted a certificate of environmental compatibility and public need pursuant to subsection (b) of this section shall have the right of eminent domain as provided by Arkansas law for the limited purpose of constructing the certificated electric transmission line and associated facilities, as described in § 23-18-503(6)(B) , to the extent that the facility is located within a national interest electric transmission corridor.

Amended by Act 2013, No. 1133,§ 4, eff. 8/16/2013.

Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3; Acts 2007, No. 658, § 2.
Ark. Code Ann. § 23-15-213 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-213
Tort liability
Status: in_force

Nothing in this subchapter shall affect the common law or statutory tort liability of any person. Acts 1971, No. 285, § 5; A.S.A. 1947, § 73-1912.

Nothing in this subchapter shall affect the common law or statutory tort liability of any person.

Acts 1971, No. 285, § 5; A.S.A. 1947, § 73-1912.
Ark. Code Ann. § 23-67-414 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-414
Rules
Status: in_force

The Insurance Commissioner may make reasonable rules necessary for or as an aid to the effectuation of any provision of this subchapter. Amended by Act 2019, No. 315,§ 2681, eff. 7/24/2019. Acts 2003, No. 1452, § 2.

The Insurance Commissioner may make reasonable rules necessary for or as an aid to the effectuation of any provision of this subchapter.

Amended by Act 2019, No. 315,§ 2681, eff. 7/24/2019.

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-55-104 — AR Code / Title 23 / Chapter 55 / Section 23-55-104
Administration and rules
Status: in_force

(a) The Securities Commissioner shall administer this chapter. (b) The commissioner may: (1) Make, amend, and rescind any rules, forms, and orders that the commissioner deems necessary or appropriate to carry out this chapter, including without limitation rules and forms governing applications and reports; and (2) Define any terms, whether or not used in this chapter, if consistent with this chapter. (c) A rule, form, or order shall not be made, amended, or rescinded unless the commissioner finds that the action is: (1) Necessary or appropriate in the public interest or for the protection of consumers; and (2) Consistent with the purposes fairly intended by the policy and provisions of this chapter. (d) All rules and forms of the commissioner shall be published. Acts 2009, No. 486, § 4.

(a) The Securities Commissioner shall administer this chapter.

(b) The commissioner may: (1) Make, amend, and rescind any rules, forms, and orders that the commissioner deems necessary or appropriate to carry out this chapter, including without limitation rules and forms governing applications and reports; and (2) Define any terms, whether or not used in this chapter, if consistent with this chapter.

(1) Make, amend, and rescind any rules, forms, and orders that the commissioner deems necessary or appropriate to carry out this chapter, including without limitation rules and forms governing applications and reports; and

(2) Define any terms, whether or not used in this chapter, if consistent with this chapter.

(c) A rule, form, or order shall not be made, amended, or rescinded unless the commissioner finds that the action is: (1) Necessary or appropriate in the public interest or for the protection of consumers; and (2) Consistent with the purposes fairly intended by the policy and provisions of this chapter.

(1) Necessary or appropriate in the public interest or for the protection of consumers; and

(2) Consistent with the purposes fairly intended by the policy and provisions of this chapter.

(d) All rules and forms of the commissioner shall be published.

Acts 2009, No. 486, § 4.
Ark. Code Ann. § 23-66-302 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-302
False representations
Status: in_force

Any person who makes any material false statement, representation, or pretense for the purpose of obtaining insurance business shall upon conviction be subject to the penalties provided in § 23-60-108 . Acts 1959, No. 148, § 222; A.S.A. 1947, § 66-3015.

Any person who makes any material false statement, representation, or pretense for the purpose of obtaining insurance business shall upon conviction be subject to the penalties provided in § 23-60-108 .

Acts 1959, No. 148, § 222; A.S.A. 1947, § 66-3015.
Ark. Code Ann. § 23-69-148 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-148
Nonconsenting stockholders
Status: in_force

(a) If any stockholder entitled to vote in any domestic insurer on a proposal to merge or consolidate, or on a proposal to adopt a plan of exchange as provided in §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , votes against the same and, at or prior to the taking of the vote, shall object thereto in writing or if any stockholder of record in the corporation, not entitled to vote thereon, at or prior to the taking of the vote, shall object thereto in writing, and if, in either case, the stockholder, within twenty (20) days after the taking of the vote, shall demand in writing that the surviving, consolidated, or acquired corporation make payment of the fair cash value of his or her stock, the surviving, consolidated, or acquired corporation, within thirty (30) days after the agreement of merger or consolidation or plan of exchange becomes effective as provided in § 23-69-144 , shall pay to the objecting stockholder the fair cash value of his or her stock as of the day before the vote was taken. (b) (1) In case of disagreement as to the fair cash value, any stockholder, or the surviving or consolidated or acquired corporation, within sixty (60) days after the agreement or plan has become effective as described in this section and upon notice to the opposite party, may petition the circuit court of the county in which the principal office of the surviving, consolidated, or acquired corporation is established to appoint, and the court shall appoint, three (3) appraisers to appraise the value of the stock. (2) The award of the appraisers, or a majority of them, if no written objection thereto is filed by either party within ten (10) days after the award has been filed in court, shall be final and conclusive. (3) If an objection is filed, it shall be tried summarily by the court and judgment rendered thereon. (c) If the amount determined by the court as provided for in subsection (b) of this section is in excess of the amount as the surviving, consolidated, or acquired corporation shall have offered to pay as the fair cash value of the stock, the court shall assess against the surviving, consolidated, or acquired corporation the costs of the proceeding, including a reasonable attorney's fee to the stockholder and a reasonable fee to the appraisers, as it deems equitable. Otherwise, the costs and fees to the appraisers shall be assessed one-half (1/2) against the corporation and one-half (1/2) against the stockholder. (d) Any party shall have the right to appeal from any judgment of the court according to then-existing laws. (e) Unless the merger, consolidation, or plan of exchange is abandoned, any stockholder, on the making of the demand in writing as described in this section, shall cease to be a stockholder in the constituent corporation and shall have no rights with respect to the stock except the right to receive payment therefor as described in this section. Upon payment of the agreed fair cash value of the stock or of the value of the stock under final judgment, the stockholder shall transfer his or her stock to the surviving, consolidated, or acquired corporation. In the event the surviving, consolidated, or acquired corporation fails to pay the amount of the judgment within twenty (20) days after the judgment has become final, the judgment may be collected and enforced in the manner prescribed by law for the enforcement of judgments. (f) Each stockholder in any of the constituent corporations at the time the merger or consolidation or plan of exchange becomes effective who is entitled to vote and who does not vote against the merger or consolidation or plan of exchange and object thereto in writing as described in this section, and each stockholder in each of the constituent corporations at the time the merger or consolidation or plan of exchange becomes effective who is not entitled to vote and who does not object thereto in writing as described in this section, shall cease to be a stockholder in the constituent corporation and shall be deemed to have assented to the merger or consolidation or plan of exchange and together with the stockholders voting in favor of the merger or consolidation or plan of exchange shall be entitled to receive certificates of stock in the surviving or consolidated corporations or other distribution, in the manner and on the terms specified in the agreement of merger or consolidation or plan of exchange. (g) With regard to proposed affiliations between a depository institution, or any affiliate thereof, and a domestic stock insurer, the procedures for nonconsenting stockholders described in this section shall be concluded within the period required by federal law. Acts 1971, No. 301, § 7; A.S.A. 1947, § 66-4249; Acts 2001, No. 1604, § 65.

(a) If any stockholder entitled to vote in any domestic insurer on a proposal to merge or consolidate, or on a proposal to adopt a plan of exchange as provided in §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , votes against the same and, at or prior to the taking of the vote, shall object thereto in writing or if any stockholder of record in the corporation, not entitled to vote thereon, at or prior to the taking of the vote, shall object thereto in writing, and if, in either case, the stockholder, within twenty (20) days after the taking of the vote, shall demand in writing that the surviving, consolidated, or acquired corporation make payment of the fair cash value of his or her stock, the surviving, consolidated, or acquired corporation, within thirty (30) days after the agreement of merger or consolidation or plan of exchange becomes effective as provided in § 23-69-144 , shall pay to the objecting stockholder the fair cash value of his or her stock as of the day before the vote was taken.

(b) (1) In case of disagreement as to the fair cash value, any stockholder, or the surviving or consolidated or acquired corporation, within sixty (60) days after the agreement or plan has become effective as described in this section and upon notice to the opposite party, may petition the circuit court of the county in which the principal office of the surviving, consolidated, or acquired corporation is established to appoint, and the court shall appoint, three (3) appraisers to appraise the value of the stock. (2) The award of the appraisers, or a majority of them, if no written objection thereto is filed by either party within ten (10) days after the award has been filed in court, shall be final and conclusive. (3) If an objection is filed, it shall be tried summarily by the court and judgment rendered thereon.

(1) In case of disagreement as to the fair cash value, any stockholder, or the surviving or consolidated or acquired corporation, within sixty (60) days after the agreement or plan has become effective as described in this section and upon notice to the opposite party, may petition the circuit court of the county in which the principal office of the surviving, consolidated, or acquired corporation is established to appoint, and the court shall appoint, three (3) appraisers to appraise the value of the stock.

(2) The award of the appraisers, or a majority of them, if no written objection thereto is filed by either party within ten (10) days after the award has been filed in court, shall be final and conclusive.

(3) If an objection is filed, it shall be tried summarily by the court and judgment rendered thereon.

(c) If the amount determined by the court as provided for in subsection (b) of this section is in excess of the amount as the surviving, consolidated, or acquired corporation shall have offered to pay as the fair cash value of the stock, the court shall assess against the surviving, consolidated, or acquired corporation the costs of the proceeding, including a reasonable attorney's fee to the stockholder and a reasonable fee to the appraisers, as it deems equitable. Otherwise, the costs and fees to the appraisers shall be assessed one-half (1/2) against the corporation and one-half (1/2) against the stockholder.

(d) Any party shall have the right to appeal from any judgment of the court according to then-existing laws.

(e) Unless the merger, consolidation, or plan of exchange is abandoned, any stockholder, on the making of the demand in writing as described in this section, shall cease to be a stockholder in the constituent corporation and shall have no rights with respect to the stock except the right to receive payment therefor as described in this section. Upon payment of the agreed fair cash value of the stock or of the value of the stock under final judgment, the stockholder shall transfer his or her stock to the surviving, consolidated, or acquired corporation. In the event the surviving, consolidated, or acquired corporation fails to pay the amount of the judgment within twenty (20) days after the judgment has become final, the judgment may be collected and enforced in the manner prescribed by law for the enforcement of judgments.

(f) Each stockholder in any of the constituent corporations at the time the merger or consolidation or plan of exchange becomes effective who is entitled to vote and who does not vote against the merger or consolidation or plan of exchange and object thereto in writing as described in this section, and each stockholder in each of the constituent corporations at the time the merger or consolidation or plan of exchange becomes effective who is not entitled to vote and who does not object thereto in writing as described in this section, shall cease to be a stockholder in the constituent corporation and shall be deemed to have assented to the merger or consolidation or plan of exchange and together with the stockholders voting in favor of the merger or consolidation or plan of exchange shall be entitled to receive certificates of stock in the surviving or consolidated corporations or other distribution, in the manner and on the terms specified in the agreement of merger or consolidation or plan of exchange.

(g) With regard to proposed affiliations between a depository institution, or any affiliate thereof, and a domestic stock insurer, the procedures for nonconsenting stockholders described in this section shall be concluded within the period required by federal law.

Acts 1971, No. 301, § 7; A.S.A. 1947, § 66-4249; Acts 2001, No. 1604, § 65.
Ark. Code Ann. § 23-35-801 — AR Code / Title 23 / Chapter 35 / Subchapter 8 / Section 23-35-801
Misleading conduct or use of words "credit union"
Status: in_force

(a) It is unlawful for any person, corporation, copartnership, or association except a credit union subject to the provisions of this chapter or the Federal Credit Union Act to: (1) Use a name or title containing the words "credit union" or any derivation thereof; (2) Represent themselves in their advertising as a credit union; or (3) Otherwise conduct business as a credit union. (b) Any person who willfully violates this section shall be guilty of a Class D felony and may be permanently enjoined from such conduct. (c) The State Credit Union Supervisor may institute and prosecute actions in his or her own name in the circuit court of any county having jurisdiction, to seek any judicial remedy necessary to enforce the provisions of this section. Acts 1971, No. 132, § 4; A.S.A. 1947, § 67-904; Acts 2005, No. 1994, § 433.

(a) It is unlawful for any person, corporation, copartnership, or association except a credit union subject to the provisions of this chapter or the Federal Credit Union Act to: (1) Use a name or title containing the words "credit union" or any derivation thereof; (2) Represent themselves in their advertising as a credit union; or (3) Otherwise conduct business as a credit union.

(1) Use a name or title containing the words "credit union" or any derivation thereof;

(2) Represent themselves in their advertising as a credit union; or

(3) Otherwise conduct business as a credit union.

(b) Any person who willfully violates this section shall be guilty of a Class D felony and may be permanently enjoined from such conduct.

(c) The State Credit Union Supervisor may institute and prosecute actions in his or her own name in the circuit court of any county having jurisdiction, to seek any judicial remedy necessary to enforce the provisions of this section.

Acts 1971, No. 132, § 4; A.S.A. 1947, § 67-904; Acts 2005, No. 1994, § 433.
Ark. Code Ann. § 23-42-304 — AR Code / Title 23 / Chapter 42 / Subchapter 3 / Section 23-42-304
Filing fees - Rules
Status: in_force

(a) Every applicant for initial or renewal registration, every person making a notice filing as required by § 23-42-301 , every exempt reporting adviser, and every investment adviser to a private fund shall pay a filing fee of: (1) Three hundred dollars ($300) in the case of a broker-dealer; (2) Seventy-five dollars ($75.00) in the case of an agent, of which twenty-five dollars ($25.00) shall be designated as special revenues and shall be deposited into the Securities Department Fund; (3) Three hundred dollars ($300) in the case of an investment adviser; (4) Seventy-five dollars ($75.00) in the case of a representative, of which twenty-five dollars ($25.00) shall be designated as special revenues and shall be deposited into the Securities Department Fund; (5) Fifty dollars ($50.00) in the case of a branch office, of which the entire amount shall be designated as special revenues and deposited into the Securities Department Fund; and (6) Three hundred dollars ($300) in the case of an exempt reporting adviser or investment adviser to a private fund that complies with exemption requirements. (b) A filing fee is nonrefundable. (c) The State Securities Department is hereby authorized to promulgate such rules necessary to administer the fees, rates, tolls, or charges for services established by this section and § 23-42-404 and is directed to prescribe and collect such fees, rates, tolls, or charges for the services by the department in such manner as may be necessary to support the programs of the department as directed by the Governor and the General Assembly. Amended by Act 2021, No. 533,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2514, eff. 7/24/2019. Amended by Act 2017, No. 668,§ 18, eff. 8/1/2017. Acts 1959, No. 254, § 4; 1961, No. 248, § 2; 1975, No. 844, § 2; 1985, No. 939, § 2; A.S.A. 1947, § 67-1238; Acts 1987, No. 449, § 1; 1993, No. 659, §§ 2, 5; 1993, No. 850, § 2, 5; 1995, No. 845, § 14; 1997, No. 173, § 14; 2009, No. 534, § 6.

(a) Every applicant for initial or renewal registration, every person making a notice filing as required by § 23-42-301 , every exempt reporting adviser, and every investment adviser to a private fund shall pay a filing fee of: (1) Three hundred dollars ($300) in the case of a broker-dealer; (2) Seventy-five dollars ($75.00) in the case of an agent, of which twenty-five dollars ($25.00) shall be designated as special revenues and shall be deposited into the Securities Department Fund; (3) Three hundred dollars ($300) in the case of an investment adviser; (4) Seventy-five dollars ($75.00) in the case of a representative, of which twenty-five dollars ($25.00) shall be designated as special revenues and shall be deposited into the Securities Department Fund; (5) Fifty dollars ($50.00) in the case of a branch office, of which the entire amount shall be designated as special revenues and deposited into the Securities Department Fund; and (6) Three hundred dollars ($300) in the case of an exempt reporting adviser or investment adviser to a private fund that complies with exemption requirements.

(1) Three hundred dollars ($300) in the case of a broker-dealer;

(2) Seventy-five dollars ($75.00) in the case of an agent, of which twenty-five dollars ($25.00) shall be designated as special revenues and shall be deposited into the Securities Department Fund;

(3) Three hundred dollars ($300) in the case of an investment adviser;

(4) Seventy-five dollars ($75.00) in the case of a representative, of which twenty-five dollars ($25.00) shall be designated as special revenues and shall be deposited into the Securities Department Fund;

(5) Fifty dollars ($50.00) in the case of a branch office, of which the entire amount shall be designated as special revenues and deposited into the Securities Department Fund; and

(6) Three hundred dollars ($300) in the case of an exempt reporting adviser or investment adviser to a private fund that complies with exemption requirements.

(b) A filing fee is nonrefundable.

(c) The State Securities Department is hereby authorized to promulgate such rules necessary to administer the fees, rates, tolls, or charges for services established by this section and § 23-42-404 and is directed to prescribe and collect such fees, rates, tolls, or charges for the services by the department in such manner as may be necessary to support the programs of the department as directed by the Governor and the General Assembly.

Amended by Act 2021, No. 533,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2514, eff. 7/24/2019.

Amended by Act 2017, No. 668,§ 18, eff. 8/1/2017.

Acts 1959, No. 254, § 4; 1961, No. 248, § 2; 1975, No. 844, § 2; 1985, No. 939, § 2; A.S.A. 1947, § 67-1238; Acts 1987, No. 449, § 1; 1993, No. 659, §§ 2, 5; 1993, No. 850, § 2, 5; 1995, No. 845, § 14; 1997, No. 173, § 14; 2009, No. 534, § 6.
Ark. Code Ann. § 23-48-511 — AR Code / Title 23 / Chapter 48 / Subchapter 5 / Section 23-48-511
Commissioner's granting of new charter or branch facility in connection with failed institutions
Status: in_force

(a) Upon application of either individual incorporators or a bank holding company, the Bank Commissioner is authorized to grant a state bank charter to the applicant immediately and without the approval of the State Banking Board if the commissioner finds that the immediate formation of a new state bank will protect the depositors of a failed depository institution when the receiver of the failed depository institution has solicited bids for the sale of its deposits. (b) The commissioner is further authorized to grant more than one (1) state bank charter pursuant to solicitation of bids by the receiver of a failed depository institution should the receiver determine to solicit bids for deposits at separate offices or branches of a failed depository institution. (c) Any state bank charter granted by the commissioner pursuant to this section shall not be considered a de novo charter as that term is defined in § 23-45-102 . (d) (1) The commissioner may grant a branch bank application for a state bank to acquire the deposits and operate a branch of a failed depository institution regardless of state law limiting branch locations should the application be submitted pursuant to the solicitation of bids by the receiver of a failed depository institution and should the commissioner find the action would protect depositors of the failed depository institution. (2) The commissioner may grant an application for a state bank to acquire deposit liabilities without continued operation of a bank facility if the applicant has submitted an application therefor pursuant to this section. Acts 1997, No. 89, § 1.

(a) Upon application of either individual incorporators or a bank holding company, the Bank Commissioner is authorized to grant a state bank charter to the applicant immediately and without the approval of the State Banking Board if the commissioner finds that the immediate formation of a new state bank will protect the depositors of a failed depository institution when the receiver of the failed depository institution has solicited bids for the sale of its deposits.

(b) The commissioner is further authorized to grant more than one (1) state bank charter pursuant to solicitation of bids by the receiver of a failed depository institution should the receiver determine to solicit bids for deposits at separate offices or branches of a failed depository institution.

(c) Any state bank charter granted by the commissioner pursuant to this section shall not be considered a de novo charter as that term is defined in § 23-45-102 .

(d) (1) The commissioner may grant a branch bank application for a state bank to acquire the deposits and operate a branch of a failed depository institution regardless of state law limiting branch locations should the application be submitted pursuant to the solicitation of bids by the receiver of a failed depository institution and should the commissioner find the action would protect depositors of the failed depository institution. (2) The commissioner may grant an application for a state bank to acquire deposit liabilities without continued operation of a bank facility if the applicant has submitted an application therefor pursuant to this section.

(1) The commissioner may grant a branch bank application for a state bank to acquire the deposits and operate a branch of a failed depository institution regardless of state law limiting branch locations should the application be submitted pursuant to the solicitation of bids by the receiver of a failed depository institution and should the commissioner find the action would protect depositors of the failed depository institution.

(2) The commissioner may grant an application for a state bank to acquire deposit liabilities without continued operation of a bank facility if the applicant has submitted an application therefor pursuant to this section.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-61-604 — AR Code / Title 23 / Chapter 61 / Subchapter 6 / Section 23-61-604
Risk Management Division - Creation
Status: in_force

There is created a Risk Management Division within the State Insurance Department. Acts 1981, No. 272, § 4; A.S.A. 1947, § 66-5704.

There is created a Risk Management Division within the State Insurance Department.

Acts 1981, No. 272, § 4; A.S.A. 1947, § 66-5704.
Ark. Code Ann. § 23-92-501 — AR Code / Title 23 / Chapter 92 / Subchapter 5 / Section 23-92-501
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Pharmacy Benefits Manager Licensure Act". Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018. Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.

This subchapter shall be known and may be cited as the "Arkansas Pharmacy Benefits Manager Licensure Act".

Added by Act 2018EX2, No. 1,§ 1, eff. 3/15/2018.

Added by Act 2018EX2, No. 3,§ 1, eff. 3/19/2018.
Ark. Code Ann. § 23-79-701 — AR Code / Title 23 / Chapter 79 / Subchapter 7 / Section 23-79-701
Definitions
Status: in_force

As used in this subchapter: (1) "Healthcare services" means any services included in the furnishing to any individual of medical or hospitalization or services incident to the furnishing of care or hospitalization, as well as the furnishing to any person of any and all other services or goods for the purpose of preventing, alleviating, curing, or healing human illness or injury; (2) "Health plan" means any group, blanket, or individual accident and health insurance policy, contract, or plan issued in this state by an insurance company, hospital medical service corporation, or health maintenance organization, provided that nothing in this subchapter shall apply to accident only, specified disease, hospital indemnity, medicare supplement, long-term care, disability income, or other limited benefit health insurance policies; (3) "Inherited metabolic disease" means a disease caused by an inherited abnormality of body chemistry; (4) "Low protein modified food product" means a food product that is specifically formulated to have less than one gram (1 g) of protein per serving and intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease; (5) "Medical food" means a food that is intended for the dietary treatment of a disease or condition for which nutritional requirements are established by recognized scientific principles and formulated to be consumed or administered enterally under the direction of a physician; and (6) "Provider" means any person who is licensed in this state to furnish healthcare services as a health professional. Acts 1999, No. 1113, § 1; 2001, No. 95, § 1; 2001, No. 1603, § 37.

As used in this subchapter:

(1) "Healthcare services" means any services included in the furnishing to any individual of medical or hospitalization or services incident to the furnishing of care or hospitalization, as well as the furnishing to any person of any and all other services or goods for the purpose of preventing, alleviating, curing, or healing human illness or injury;

(2) "Health plan" means any group, blanket, or individual accident and health insurance policy, contract, or plan issued in this state by an insurance company, hospital medical service corporation, or health maintenance organization, provided that nothing in this subchapter shall apply to accident only, specified disease, hospital indemnity, medicare supplement, long-term care, disability income, or other limited benefit health insurance policies;

(3) "Inherited metabolic disease" means a disease caused by an inherited abnormality of body chemistry;

(4) "Low protein modified food product" means a food product that is specifically formulated to have less than one gram (1 g) of protein per serving and intended to be used under the direction of a physician for the dietary treatment of an inherited metabolic disease;

(5) "Medical food" means a food that is intended for the dietary treatment of a disease or condition for which nutritional requirements are established by recognized scientific principles and formulated to be consumed or administered enterally under the direction of a physician; and

(6) "Provider" means any person who is licensed in this state to furnish healthcare services as a health professional.

Acts 1999, No. 1113, § 1; 2001, No. 95, § 1; 2001, No. 1603, § 37.
Ark. Code Ann. § 23-99-1108 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1108
Subscribers with terminal illness - Denial of prior authorization for covered prescription pain medication prohibited
Status: in_force

If a subscriber's covered prescription pain medication requires a prior authorization, then the prior authorization shall not be denied if the subscriber has a terminal illness. Amended by Act 2017, No. 815,§ 5, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

If a subscriber's covered prescription pain medication requires a prior authorization, then the prior authorization shall not be denied if the subscriber has a terminal illness.

Amended by Act 2017, No. 815,§ 5, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-62-102 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-102
Life insurance
Status: in_force

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, "life insurance" is insurance on human lives. (b) The transaction of life insurance includes also the granting of endowment benefits, benefits for expenses incurred in connection with death, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, and optional modes of settlement of proceeds of life insurance. (c) Transaction of life insurance does not include workers' compensation, as defined in § 23-62-105(a)(3) . Acts 1959, No. 148, § 73; A.S.A. 1947, § 66-2402.

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, "life insurance" is insurance on human lives.

(b) The transaction of life insurance includes also the granting of endowment benefits, benefits for expenses incurred in connection with death, additional benefits in event of death or dismemberment by accident or accidental means, additional benefits in event of the insured's disability, and optional modes of settlement of proceeds of life insurance.

(c) Transaction of life insurance does not include workers' compensation, as defined in § 23-62-105(a)(3) .

Acts 1959, No. 148, § 73; A.S.A. 1947, § 66-2402.
Ark. Code Ann. § 23-47-707 — AR Code / Title 23 / Chapter 47 / Subchapter 7 / Section 23-47-707
Loans of trust funds to officers and employees prohibited - Penalties
Status: in_force

(a) It shall be unlawful for any state bank to lend to any officer, director, or employee any funds held in trust under the powers conferred by this subchapter, or to sell assets held in trust to any such persons, without the prior written approval of the Bank Commissioner. (b) In the absence of the prior written approval of the commissioner, any officer, director, or employee making the loan or sale, or to whom the loan or sale is made is guilty of a Class D felony. Acts 1997, No. 89, § 1.

(a) It shall be unlawful for any state bank to lend to any officer, director, or employee any funds held in trust under the powers conferred by this subchapter, or to sell assets held in trust to any such persons, without the prior written approval of the Bank Commissioner.

(b) In the absence of the prior written approval of the commissioner, any officer, director, or employee making the loan or sale, or to whom the loan or sale is made is guilty of a Class D felony.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-81-123 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-123
Annuity and pure endowment contracts - Incontestability provision
Status: in_force

If any statements, other than those relating to age, sex, and identity, are required as a condition to issuing an annuity or pure endowment contract, other than reversionary, survivorship, or group annuity, and subject to § 23-81-125 , there shall be a provision that, except for fraud in the procurement, the contract shall be incontestable after it has been in force during the lifetime of the person or of each of the persons as to whom the statements are required, for a period of two (2) years from its date of issue except for nonpayment of stipulated payments to the insurer. At the option of the insurer, the contract may also except any provisions relative to benefits in the event of disability and any provisions that grant insurance specifically against death by accident or accidental means. Furthermore, at its option, the insurer may omit from the provision the phrase "except for fraud in the procurement". Acts 1959, No. 148, § 326; A.S.A. 1947, § 66-3317; Acts 2001, No. 1382, § 3.

If any statements, other than those relating to age, sex, and identity, are required as a condition to issuing an annuity or pure endowment contract, other than reversionary, survivorship, or group annuity, and subject to § 23-81-125 , there shall be a provision that, except for fraud in the procurement, the contract shall be incontestable after it has been in force during the lifetime of the person or of each of the persons as to whom the statements are required, for a period of two (2) years from its date of issue except for nonpayment of stipulated payments to the insurer. At the option of the insurer, the contract may also except any provisions relative to benefits in the event of disability and any provisions that grant insurance specifically against death by accident or accidental means. Furthermore, at its option, the insurer may omit from the provision the phrase "except for fraud in the procurement".

Acts 1959, No. 148, § 326; A.S.A. 1947, § 66-3317; Acts 2001, No. 1382, § 3.
Ark. Code Ann. § 23-79-112 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-112
Contents
Status: in_force

(a) The written instrument in which a contract of insurance is set forth is the policy. (b) Every policy shall specify: (1) The names of the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance thereunder takes effect and the period during which the insurance is to continue; (5) The premium or premium deposit; (6) The policy fee, if any; (7) The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and (8) The conditions pertaining to the insurance. (c) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included. (d) Subsections (b) and (c) of this section shall not apply as to surety contracts or to group insurance policies. (e) All life and accident and health policies and annuity contracts issued by domestic insurers, and the forms thereof filed with the Insurance Commissioner, shall have printed thereon an appropriate designating letter or figure, or combination of letters or figures, or terms identifying the respective forms of policies or contracts, together with the year of adoption of the form. Whenever any change is made in the form, the designating letters, figures, or terms and year of adoption thereon shall be correspondingly changed. (f) (1) All individual life, annuity, and accident and health policy or contract filings, excluding medicare supplement policies and variable life policies and variable annuities, shall have a notice prominently printed on the first page of the policy or contract stating in substance that the policyholder shall have the right to return the policy or contract within ten (10) days of its delivery, unless the policy or contract provides for a greater period, and to have the premium refunded if after examination of the policy or contract the policyholder is not satisfied for any reason. (2) If the policyholder returns the policy or contract to the insurance company or to the agent through whom it was purchased within ten (10) days of the policy delivery, it shall be void from its inception, and the parties shall be in the same position as if no policy or contract had been issued. (g) A policy may contain additional provisions not inconsistent with this code and that are: (1) Required to be inserted by the laws of the insurer's domicile; (2) Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; or (3) Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein. (h) On and after January 1, 1990, every property and casualty policy shall contain a provision stating the method to be utilized in computing premium refunds in the event of cancellation of the policy by the insured or the insurer. (i) The provisions of this section shall not apply to policies issued for large commercial risks. Acts 1959, No. 148, §§ 279, 280; 1981, No. 809, § 14; 1985, No. 804, § 4; A.S.A. 1947, §§ 66-3212, 66-3213; Acts 1989, No. 772, § 17; 1992 (1st Ex. Sess.), No. 72, § 2; 1999, No. 458, § 6; 2001, No. 1604, §§ 90, 91.

(a) The written instrument in which a contract of insurance is set forth is the policy.

(b) Every policy shall specify: (1) The names of the parties to the contract; (2) The subject of the insurance; (3) The risks insured against; (4) The time when the insurance thereunder takes effect and the period during which the insurance is to continue; (5) The premium or premium deposit; (6) The policy fee, if any; (7) The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and (8) The conditions pertaining to the insurance.

(1) The names of the parties to the contract;

(2) The subject of the insurance;

(3) The risks insured against;

(4) The time when the insurance thereunder takes effect and the period during which the insurance is to continue;

(5) The premium or premium deposit;

(6) The policy fee, if any;

(7) The minimum premium to be retained, if any, by a property or casualty insurer in the event of cancellation of the policy by the insured; and

(8) The conditions pertaining to the insurance.

(c) If under the policy the exact amount of premium is determinable only at stated intervals or termination of the contract, a statement of the basis and rates upon which the premium is to be determined and paid shall be included.

(d) Subsections (b) and (c) of this section shall not apply as to surety contracts or to group insurance policies.

(e) All life and accident and health policies and annuity contracts issued by domestic insurers, and the forms thereof filed with the Insurance Commissioner, shall have printed thereon an appropriate designating letter or figure, or combination of letters or figures, or terms identifying the respective forms of policies or contracts, together with the year of adoption of the form. Whenever any change is made in the form, the designating letters, figures, or terms and year of adoption thereon shall be correspondingly changed.

(f) (1) All individual life, annuity, and accident and health policy or contract filings, excluding medicare supplement policies and variable life policies and variable annuities, shall have a notice prominently printed on the first page of the policy or contract stating in substance that the policyholder shall have the right to return the policy or contract within ten (10) days of its delivery, unless the policy or contract provides for a greater period, and to have the premium refunded if after examination of the policy or contract the policyholder is not satisfied for any reason. (2) If the policyholder returns the policy or contract to the insurance company or to the agent through whom it was purchased within ten (10) days of the policy delivery, it shall be void from its inception, and the parties shall be in the same position as if no policy or contract had been issued.

(1) All individual life, annuity, and accident and health policy or contract filings, excluding medicare supplement policies and variable life policies and variable annuities, shall have a notice prominently printed on the first page of the policy or contract stating in substance that the policyholder shall have the right to return the policy or contract within ten (10) days of its delivery, unless the policy or contract provides for a greater period, and to have the premium refunded if after examination of the policy or contract the policyholder is not satisfied for any reason.

(2) If the policyholder returns the policy or contract to the insurance company or to the agent through whom it was purchased within ten (10) days of the policy delivery, it shall be void from its inception, and the parties shall be in the same position as if no policy or contract had been issued.

(g) A policy may contain additional provisions not inconsistent with this code and that are: (1) Required to be inserted by the laws of the insurer's domicile; (2) Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; or (3) Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein.

(1) Required to be inserted by the laws of the insurer's domicile;

(2) Necessary, on account of the manner in which the insurer is constituted or operated, in order to state the rights and obligations of the parties to the contract; or

(3) Desired by the insurer and neither prohibited by law nor in conflict with any provisions required to be included therein.

(h) On and after January 1, 1990, every property and casualty policy shall contain a provision stating the method to be utilized in computing premium refunds in the event of cancellation of the policy by the insured or the insurer.

(i) The provisions of this section shall not apply to policies issued for large commercial risks.

Acts 1959, No. 148, §§ 279, 280; 1981, No. 809, § 14; 1985, No. 804, § 4; A.S.A. 1947, §§ 66-3212, 66-3213; Acts 1989, No. 772, § 17; 1992 (1st Ex. Sess.), No. 72, § 2; 1999, No. 458, § 6; 2001, No. 1604, §§ 90, 91.
Ark. Code Ann. § 23-13-308 — AR Code / Title 23 / Chapter 13 / Subchapter 3 / Section 23-13-308
Appeal to Pulaski County Circuit Court
Status: in_force

Any person aggrieved by any findings and order of the Arkansas Department of Transportation may appeal to the Pulaski County Circuit Court in the way and manner provided for appeals from the department. Amended by Act 2017, No. 707,§ 227, eff. 8/1/2017. Acts 1939, No. 315, § 14; A.S.A. 1947, § 73-1743.

Any person aggrieved by any findings and order of the Arkansas Department of Transportation may appeal to the Pulaski County Circuit Court in the way and manner provided for appeals from the department.

Amended by Act 2017, No. 707,§ 227, eff. 8/1/2017.

Acts 1939, No. 315, § 14; A.S.A. 1947, § 73-1743.
Ark. Code Ann. § 23-10-301 — AR Code / Title 23 / Chapter 10 / Subchapter 3 / Section 23-10-301
Express and freight rules prescribed by department
Status: in_force

The Arkansas Department of Transportation shall make rules to be observed by all persons or corporations operating any railroad or engaged in transporting property as express or freight in this state, in respect to the receiving, hauling, transporting, storing, and delivering of freight and express as, in its judgment, the public convenience may require. Amended by Act 2019, No. 315,§ 2398, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 144, eff. 8/1/2017. Acts 1907, No. 422, § 3, p. 1137; C. & M. Dig., § 1649; Pope's Dig., § 1970; A.S.A. 1947, § 73-1304.

The Arkansas Department of Transportation shall make rules to be observed by all persons or corporations operating any railroad or engaged in transporting property as express or freight in this state, in respect to the receiving, hauling, transporting, storing, and delivering of freight and express as, in its judgment, the public convenience may require.

Amended by Act 2019, No. 315,§ 2398, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 144, eff. 8/1/2017.

Acts 1907, No. 422, § 3, p. 1137; C. & M. Dig., § 1649; Pope's Dig., § 1970; A.S.A. 1947, § 73-1304.
Ark. Code Ann. § 23-81-310 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-310
Inclusion of lapse-of-time considerations
Status: in_force

Any paid-up annuity, cash surrender, or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in which cessation of payment of considerations under the contract occurs. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.

Any paid-up annuity, cash surrender, or death benefits available at any time, other than on the contract anniversary under any contract with fixed scheduled considerations, shall be calculated with allowance for the lapse of time and the payment of any scheduled considerations beyond the beginning of the contract year in which cessation of payment of considerations under the contract occurs.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.
Ark. Code Ann. § 23-55-610 — AR Code / Title 23 / Chapter 55 / Section 23-55-610
Timely transmission
Status: in_force

(a) Every licensee shall forward all money received for transmission according to the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur. (b) If a licensee fails to forward money received for transmission under this section, then the licensee shall respond to inquiries by the sender with the reason for the failure unless providing a response would violate a state or federal law, rule, or regulation. Added by Act 2023, No. 442,§ 9, eff. 8/1/2023.

(a) Every licensee shall forward all money received for transmission according to the terms of the agreement between the licensee and the sender unless the licensee has a reasonable belief or a reasonable basis to believe that the sender may be a victim of fraud or that a crime or violation of law, rule, or regulation has occurred, is occurring, or may occur.

(b) If a licensee fails to forward money received for transmission under this section, then the licensee shall respond to inquiries by the sender with the reason for the failure unless providing a response would violate a state or federal law, rule, or regulation.

Added by Act 2023, No. 442,§ 9, eff. 8/1/2023.
Ark. Code Ann. § 23-72-110 — AR Code / Title 23 / Chapter 72 / Section 23-72-110
Filing and amendment of bylaws
Status: in_force

(a) The insurer shall promptly file a copy of its bylaws, duly certified by its president and secretary, with the Insurance Commissioner. (b) No amendment of bylaws shall be valid and binding upon the insurer's members until a certified copy of the amendment has been on file with the commissioner for a period of at least ten (10) days. (c) No amendment of an insurer's bylaws affecting rates shall be effective unless and until approved by the commissioner as being reasonable or necessary. Acts 1959, No. 148, § 565; A.S.A. 1947, § 66-4510.

(a) The insurer shall promptly file a copy of its bylaws, duly certified by its president and secretary, with the Insurance Commissioner.

(b) No amendment of bylaws shall be valid and binding upon the insurer's members until a certified copy of the amendment has been on file with the commissioner for a period of at least ten (10) days.

(c) No amendment of an insurer's bylaws affecting rates shall be effective unless and until approved by the commissioner as being reasonable or necessary.

Acts 1959, No. 148, § 565; A.S.A. 1947, § 66-4510.
Ark. Code Ann. § 23-3-508 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-508
Order granting rights - Effect
Status: in_force

(a) When a river crossing proprietor owning or operating one (1) or more navigable water crossings in this state files with the Arkansas Public Service Commission a petition conforming to the requirements of § 23-3-504 , the commission shall enter an order granting such rights to the navigable waterway and the bed thereof as will enable the river crossing proprietor to continue to own, operate, and maintain each navigable water crossing mentioned in the petition. (b) The grant shall constitute approval and recognition of the legality of the navigable water crossing. However, the approval of a navigable water crossing by the commission shall not relieve the river crossing proprietor of its duty in the subsequent operation of the navigable water crossing to observe such reasonable safety precautions as may prevent conditions jeopardizing the public safety. Acts 1961, No. 188, § 4; A.S.A. 1947, § 73-2204.

(a) When a river crossing proprietor owning or operating one (1) or more navigable water crossings in this state files with the Arkansas Public Service Commission a petition conforming to the requirements of § 23-3-504 , the commission shall enter an order granting such rights to the navigable waterway and the bed thereof as will enable the river crossing proprietor to continue to own, operate, and maintain each navigable water crossing mentioned in the petition.

(b) The grant shall constitute approval and recognition of the legality of the navigable water crossing. However, the approval of a navigable water crossing by the commission shall not relieve the river crossing proprietor of its duty in the subsequent operation of the navigable water crossing to observe such reasonable safety precautions as may prevent conditions jeopardizing the public safety.

Acts 1961, No. 188, § 4; A.S.A. 1947, § 73-2204.
Ark. Code Ann. § 23-63-1621 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1621
Participants
Status: in_force

(a) An association, corporation, limited liability company, partnership, trust, or other business entity may be a participant in a sponsored captive insurance company formed or licensed under this subchapter. (b) A sponsor may be a participant in a sponsored captive insurance company. (c) A participant need not be a shareholder of the sponsored captive insurance company or an affiliate of the company. (d) A participant shall not insure any risks other than its own, its affiliated entities, or of controlled unaffiliated entities. Amended by Act 2019, No. 521,§ 15, eff. 7/24/2019. Acts 2001, No. 1391, § 21.

(a) An association, corporation, limited liability company, partnership, trust, or other business entity may be a participant in a sponsored captive insurance company formed or licensed under this subchapter.

(b) A sponsor may be a participant in a sponsored captive insurance company.

(c) A participant need not be a shareholder of the sponsored captive insurance company or an affiliate of the company.

(d) A participant shall not insure any risks other than its own, its affiliated entities, or of controlled unaffiliated entities.

Amended by Act 2019, No. 521,§ 15, eff. 7/24/2019.

Acts 2001, No. 1391, § 21.
Ark. Code Ann. § 23-4-717 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-717
Railroads required to furnish copies of traffic agreements and other information to department
Status: in_force

Upon notice to do so, every person or corporation operating a railroad or express company having an agent or office in the state shall furnish the Arkansas Department of Transportation with all the information required to enable the department to perform its duties relative to the management of their respective lines and connecting lines and, particularly, with copies of all leases, contracts, and agreements with other lines, express companies, or sleeping car companies and shall furnish all such information as to the number of persons employed in the different departments of their service and the wages paid these employees, as the department may require. Amended by Act 2017, No. 707,§ 141, eff. 8/1/2017. Acts 1899, No. 53, § 16, p. 82; C. & M. Dig., § 1628; Pope's Dig., § 1950; A.S.A. 1947, § 73-1519.

Upon notice to do so, every person or corporation operating a railroad or express company having an agent or office in the state shall furnish the Arkansas Department of Transportation with all the information required to enable the department to perform its duties relative to the management of their respective lines and connecting lines and, particularly, with copies of all leases, contracts, and agreements with other lines, express companies, or sleeping car companies and shall furnish all such information as to the number of persons employed in the different departments of their service and the wages paid these employees, as the department may require.

Amended by Act 2017, No. 707,§ 141, eff. 8/1/2017.

Acts 1899, No. 53, § 16, p. 82; C. & M. Dig., § 1628; Pope's Dig., § 1950; A.S.A. 1947, § 73-1519.
Ark. Code Ann. § 23-2-104 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-104
Quorum
Status: in_force

The concurrence of two (2) members of the Arkansas Public Service Commission shall be necessary for commission action. Acts 1945, No. 40, § 1; A.S.A. 1947, § 73-104.

The concurrence of two (2) members of the Arkansas Public Service Commission shall be necessary for commission action.

Acts 1945, No. 40, § 1; A.S.A. 1947, § 73-104.
Ark. Code Ann. § 23-66-408 — AR Code / Title 23 / Chapter 66 / Subchapter 4 / Section 23-66-408
Violations
Status: in_force

(a) The Insurance Commissioner shall conduct all hearings held pursuant to allegations of violations of this subchapter pursuant to §§ 23-61-303 - 23-61-307 . (b) The commissioner may suspend for up to twelve (12) months, or may revoke or refuse to continue, any license issued by him or her which is the subject of an administrative hearing held pursuant to a violation of this subchapter. (c) The commissioner may additionally impose upon the licensee an administrative penalty in the amount of not more than one thousand dollars ($1,000) for each and every act or violation, but not to exceed an aggregate penalty of ten thousand dollars ($10,000), unless the person knew or reasonably should have known the person was in violation of this subchapter, in which case, the penalty shall be not more than five thousand dollars ($5,000) for each and every act or violation, but in an amount not to exceed an aggregate penalty of fifty thousand dollars ($50,000) in any six-month period. Acts 1993, No. 932, § 8.

(a) The Insurance Commissioner shall conduct all hearings held pursuant to allegations of violations of this subchapter pursuant to §§ 23-61-303 - 23-61-307 .

(b) The commissioner may suspend for up to twelve (12) months, or may revoke or refuse to continue, any license issued by him or her which is the subject of an administrative hearing held pursuant to a violation of this subchapter.

(c) The commissioner may additionally impose upon the licensee an administrative penalty in the amount of not more than one thousand dollars ($1,000) for each and every act or violation, but not to exceed an aggregate penalty of ten thousand dollars ($10,000), unless the person knew or reasonably should have known the person was in violation of this subchapter, in which case, the penalty shall be not more than five thousand dollars ($5,000) for each and every act or violation, but in an amount not to exceed an aggregate penalty of fifty thousand dollars ($50,000) in any six-month period.

Acts 1993, No. 932, § 8.
Ark. Code Ann. § 23-66-314 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-314
Common ownership, management, and directors of insurance companies
Status: in_force

(a) Any insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurers, or have a common management with any other insurers, unless the retention, investment, acquisition, or common management is inconsistent with any other provision of the Arkansas Insurance Code, or unless by reason thereof the business of the insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein. (b) Any person otherwise qualified may be a director of two (2) or more insurers which are competitors unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly. Acts 1959, No. 148, § 227; A.S.A. 1947, § 66-3020.

(a) Any insurer may retain, invest in, or acquire the whole or any part of the capital stock of any other insurers, or have a common management with any other insurers, unless the retention, investment, acquisition, or common management is inconsistent with any other provision of the Arkansas Insurance Code, or unless by reason thereof the business of the insurers with the public is conducted in a manner which substantially lessens competition generally in the insurance business or tends to create a monopoly therein.

(b) Any person otherwise qualified may be a director of two (2) or more insurers which are competitors unless the effect thereof is to lessen substantially competition between insurers generally or tends materially to create a monopoly.

Acts 1959, No. 148, § 227; A.S.A. 1947, § 66-3020.
Ark. Code Ann. § 23-72-109 — AR Code / Title 23 / Chapter 72 / Section 23-72-109
Bylaws generally
Status: in_force

(a) The insurer shall have bylaws which are not in conflict with the law of this state, to regulate and govern its affairs. Bylaws of both foreign and domestic insurers shall be subject to the applicable requirements of § 23-69-119 . (b) The bylaws shall provide for periodic meetings of the members and how special meetings may be called. At all meetings each member shall be entitled to one (1) vote only on each question coming to a vote. The member may vote in person or by written proxy, and the proxy may be given in the application for membership. No proxy shall be irrevocable. (c) The bylaws may provide for issuance of graded membership certificates and for the grading of rates and assessments according to the ages of members. (d) If disability benefits are promised in membership certificates, adequate provisions shall be made in the bylaws for assessments to pay disability claims and expenses incident thereto, and the assessments shall not be used for the payment of claims other than disability. (e) Every member of the insurer is bound by the insurer's bylaws as in existence at the time of joining or as thereafter amended. Acts 1959, No. 148, § 564; A.S.A. 1947, § 66-4509.

(a) The insurer shall have bylaws which are not in conflict with the law of this state, to regulate and govern its affairs. Bylaws of both foreign and domestic insurers shall be subject to the applicable requirements of § 23-69-119 .

(b) The bylaws shall provide for periodic meetings of the members and how special meetings may be called. At all meetings each member shall be entitled to one (1) vote only on each question coming to a vote. The member may vote in person or by written proxy, and the proxy may be given in the application for membership. No proxy shall be irrevocable.

(c) The bylaws may provide for issuance of graded membership certificates and for the grading of rates and assessments according to the ages of members.

(d) If disability benefits are promised in membership certificates, adequate provisions shall be made in the bylaws for assessments to pay disability claims and expenses incident thereto, and the assessments shall not be used for the payment of claims other than disability.

(e) Every member of the insurer is bound by the insurer's bylaws as in existence at the time of joining or as thereafter amended.

Acts 1959, No. 148, § 564; A.S.A. 1947, § 66-4509.
Ark. Code Ann. § 23-91-217 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-217
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 10; A.S.A. 1947, § 66-5410.

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023.

Acts 1977, No. 368, § 10; A.S.A. 1947, § 66-5410.
Ark. Code Ann. § 23-15-210 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-210
Confidentiality of information obtained by commission - Exception
Status: in_force

(a) All information reported to or otherwise obtained by the Arkansas Public Service Commission or its representative pursuant to the provisions hereof, which information contains or relates to a trade secret referred to in 18 U.S.C. § 1905 , shall be considered confidential for the purpose of that section, except that the information may be disclosed to other officers or employees concerned with carrying out this subchapter or when relevant in any proceeding under this subchapter. (b) Nothing in this section shall authorize the withholding of information by the commission, or any officer, employee, or agent under its control, from the duly authorized committees of the General Assembly. Acts 1971, No. 285, § 3; A.S.A. 1947, § 73-1910.

(a) All information reported to or otherwise obtained by the Arkansas Public Service Commission or its representative pursuant to the provisions hereof, which information contains or relates to a trade secret referred to in 18 U.S.C. § 1905 , shall be considered confidential for the purpose of that section, except that the information may be disclosed to other officers or employees concerned with carrying out this subchapter or when relevant in any proceeding under this subchapter.

(b) Nothing in this section shall authorize the withholding of information by the commission, or any officer, employee, or agent under its control, from the duly authorized committees of the General Assembly.

Acts 1971, No. 285, § 3; A.S.A. 1947, § 73-1910.
Ark. Code Ann. § 23-12-903 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-903
Parties to actions for personal injuries
Status: in_force

When any adult person is wounded by railroad trains running in this state, he or she may sue in his or her own name. When the person wounded is a minor, the father, if living, or if the father is not living, then the mother, or if neither parent is living, then the guardian may sue for and recover such damages as the court or jury trying the case may assess. Acts 1961 (1st Ex. Sess.), No. 61, § 4; A.S.A. 1947, § 73-1003.

When any adult person is wounded by railroad trains running in this state, he or she may sue in his or her own name. When the person wounded is a minor, the father, if living, or if the father is not living, then the mother, or if neither parent is living, then the guardian may sue for and recover such damages as the court or jury trying the case may assess.

Acts 1961 (1st Ex. Sess.), No. 61, § 4; A.S.A. 1947, § 73-1003.
Ark. Code Ann. § 23-99-605 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-605
Rules
Status: in_force

Within one hundred twenty (120) days of July 30, 1999, the Insurance Commissioner shall promulgate necessary rules for carrying out this subchapter, giving maximum possible effect to the General Assembly's intent to promote quality medical care through increased choice. Amended by Act 2019, No. 315,§ 2804, eff. 7/24/2019. Acts 1999, No. 1232, § 5.

Within one hundred twenty (120) days of July 30, 1999, the Insurance Commissioner shall promulgate necessary rules for carrying out this subchapter, giving maximum possible effect to the General Assembly's intent to promote quality medical care through increased choice.

Amended by Act 2019, No. 315,§ 2804, eff. 7/24/2019.

Acts 1999, No. 1232, § 5.
Ark. Code Ann. § 23-63-829 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-829
Time limit for disposal of real estate
Status: in_force

(a) Except as stated in subsection (c) of this section, the insurer shall dispose of real estate acquired under § 23-63-828(1) within five (5) years after it has ceased to be necessary for the convenient accommodation of the insurer in the transaction of its business. (b) Except as stated in subsection (c) of this section, the insurer shall dispose of real estate acquired under § 23-63-828(2) -(4) within five (5) years after the date of acquisition. (c) Upon proof satisfactory to the Insurance Commissioner that the interests of the insurer will suffer materially by the forced sale thereof, the commissioner may by order grant a reasonable extension of the period as specified in the order. Within that specified period of time, the insurer shall dispose of any particular parcel of real estate, unless the insurer elects to hold the real estate as an investment for income purposes under § 23-63-828(6) , in which event, the real estate shall be deemed to have been acquired at a cost equal to its book value at the time of the election and to be held under, and subject to, the provisions of § 23-63-828(6) after that time. Acts 1959, No. 148, § 125; A.S.A. 1947, § 66-2629.

(a) Except as stated in subsection (c) of this section, the insurer shall dispose of real estate acquired under § 23-63-828(1) within five (5) years after it has ceased to be necessary for the convenient accommodation of the insurer in the transaction of its business.

(b) Except as stated in subsection (c) of this section, the insurer shall dispose of real estate acquired under § 23-63-828(2) -(4) within five (5) years after the date of acquisition.

(c) Upon proof satisfactory to the Insurance Commissioner that the interests of the insurer will suffer materially by the forced sale thereof, the commissioner may by order grant a reasonable extension of the period as specified in the order. Within that specified period of time, the insurer shall dispose of any particular parcel of real estate, unless the insurer elects to hold the real estate as an investment for income purposes under § 23-63-828(6) , in which event, the real estate shall be deemed to have been acquired at a cost equal to its book value at the time of the election and to be held under, and subject to, the provisions of § 23-63-828(6) after that time.

Acts 1959, No. 148, § 125; A.S.A. 1947, § 66-2629.
Ark. Code Ann. § 23-85-125 — AR Code / Title 23 / Chapter 85 / Section 23-85-125
Optional illegal occupation provision
Status: in_force

There may be a provision as follows: "Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupation." Acts 1959, No. 148, § 410; A.S.A. 1947, § 66-3625.

There may be a provision as follows:

"Illegal Occupation: The insurer shall not be liable for any loss to which a contributing cause was the insured's commission of or attempt to commit a felony or to which a contributing cause was the insured's being engaged in an illegal occupation."

Acts 1959, No. 148, § 410; A.S.A. 1947, § 66-3625.
Ark. Code Ann. § 23-114-306 — AR Code / Title 23 / Chapter 114 / Subchapter 3 / Section 23-114-306
Display of license
Status: in_force

A licensed authorized organization shall conspicuously display a license issued under this chapter at the premises at which a raffle or a game of bingo is conducted at all times during the conduct of the raffle or the game of bingo. Acts 2007, No. 388, § 1.

A licensed authorized organization shall conspicuously display a license issued under this chapter at the premises at which a raffle or a game of bingo is conducted at all times during the conduct of the raffle or the game of bingo.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-65-301 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Surplus Lines Insurance Law". Acts 1959, No. 148, § 188; A.S.A. 1947, § 66-2908; Acts 2011, No. 1055, § 2.

This subchapter shall be known and may be cited as the "Surplus Lines Insurance Law".

Acts 1959, No. 148, § 188; A.S.A. 1947, § 66-2908; Acts 2011, No. 1055, § 2.
Ark. Code Ann. § 23-80-401 — AR Code / Title 23 / Chapter 80 / Subchapter 4 / Section 23-80-401
Purpose
Status: in_force

It is the intent of the General Assembly to improve care to patients by minimizing confusion, eliminating unnecessary paperwork, decreasing administrative burdens, and streamlining dispensing of prescription products paid for by third-party payors. This subchapter shall be construed liberally to effectuate this purpose. Acts 2001, No. 1409, § 1.

It is the intent of the General Assembly to improve care to patients by minimizing confusion, eliminating unnecessary paperwork, decreasing administrative burdens, and streamlining dispensing of prescription products paid for by third-party payors. This subchapter shall be construed liberally to effectuate this purpose.

Acts 2001, No. 1409, § 1.
Ark. Code Ann. § 23-51-129 — AR Code / Title 23 / Chapter 51 / Section 23-51-129
Lease financing transactions
Status: in_force

(a) Subject to rules adopted under this chapter, a state trust company may become the owner and lessor of tangible personal property for lease financing transactions on a net lease basis on the specific request and for the use of a client. Without the written approval of the Bank Commissioner to continue holding property acquired for leasing purposes under this subsection, the state trust company may not hold the property more than six (6) months after the date of expiration of the original or any extended or renewed lease period agreed to by the client for whom the property was acquired or by a subsequent lessee. (b) Rental payments received by the trust company in a lease financing transaction under this section are considered to be rent and not interest or compensation for the use, forbearance, or detention of money. However, a lease financing transaction is considered to be a loan or extension of credit for purposes of § 23-51-128 . Amended by Act 2019, No. 315,§ 2586, eff. 7/24/2019. Acts 1997, No. 940, § 29.

(a) Subject to rules adopted under this chapter, a state trust company may become the owner and lessor of tangible personal property for lease financing transactions on a net lease basis on the specific request and for the use of a client. Without the written approval of the Bank Commissioner to continue holding property acquired for leasing purposes under this subsection, the state trust company may not hold the property more than six (6) months after the date of expiration of the original or any extended or renewed lease period agreed to by the client for whom the property was acquired or by a subsequent lessee.

(b) Rental payments received by the trust company in a lease financing transaction under this section are considered to be rent and not interest or compensation for the use, forbearance, or detention of money. However, a lease financing transaction is considered to be a loan or extension of credit for purposes of § 23-51-128 .

Amended by Act 2019, No. 315,§ 2586, eff. 7/24/2019.

Acts 1997, No. 940, § 29.
Ark. Code Ann. § 23-40-124 — AR Code / Title 23 / Chapter 40 / Section 23-40-124
Compliance
Status: in_force

Compliance with this act shall be required for all licensees on and after March 16, 1997. Acts 1997, No. 372, § 11.

Compliance with this act shall be required for all licensees on and after March 16, 1997.

Acts 1997, No. 372, § 11.
Ark. Code Ann. § 23-35-504 — AR Code / Title 23 / Chapter 35 / Subchapter 5 / Section 23-35-504
Joint tenancy in shares and accounts
Status: in_force

A member may designate any person to hold shares and thrift club accounts with him or her in joint tenancy with the right of survivorship, but no joint tenant, unless a member in his or her own right, shall be permitted to vote, obtain loans, or hold office. Payment of part or all of the joint accounts to any of the joint tenants shall, to the extent of the payment, discharge the liability to all. Acts 1971, No. 132, § 21; A.S.A. 1947, § 67-921.

A member may designate any person to hold shares and thrift club accounts with him or her in joint tenancy with the right of survivorship, but no joint tenant, unless a member in his or her own right, shall be permitted to vote, obtain loans, or hold office. Payment of part or all of the joint accounts to any of the joint tenants shall, to the extent of the payment, discharge the liability to all.

Acts 1971, No. 132, § 21; A.S.A. 1947, § 67-921.
Ark. Code Ann. § 23-16-202 — AR Code / Title 23 / Chapter 16 / Subchapter 2 / Section 23-16-202
Bonds, contracts, etc., in violation of subchapter void
Status: in_force

Any bond, contract, or undertaking made in violation of the provisions of the subchapter shall be void. Acts 1911, No. 166, § 4; C. & M. Dig., § 7124; Pope's Dig., § 9110; A.S.A. 1947, § 73-2104.

Any bond, contract, or undertaking made in violation of the provisions of the subchapter shall be void.

Acts 1911, No. 166, § 4; C. & M. Dig., § 7124; Pope's Dig., § 9110; A.S.A. 1947, § 73-2104.
Ark. Code Ann. § 23-89-201 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-201
Broader-than-minimum benefits not prohibited
Status: in_force

Nothing contained in this subchapter shall be construed to prevent an insurer from providing broader benefits than the minimum benefits enumerated in § 23-89-202 . Acts 1973, No. 138, § 7; A.S.A. 1947, § 66-4020.

Nothing contained in this subchapter shall be construed to prevent an insurer from providing broader benefits than the minimum benefits enumerated in § 23-89-202 .

Acts 1973, No. 138, § 7; A.S.A. 1947, § 66-4020.
Ark. Code Ann. § 23-45-101 — AR Code / Title 23 / Chapter 45 / Section 23-45-101
Short title
Status: in_force

Chapters 45-50 of this title may be referred to as the "Arkansas Banking Code of 1997". Acts 1997, No. 89, § 1.

Chapters 45-50 of this title may be referred to as the "Arkansas Banking Code of 1997".

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-69-410 — AR Code / Title 23 / Chapter 69 / Subchapter 4 / Section 23-69-410
Sanctions
Status: in_force

(a) An insurer failing without just cause to timely file the own risk and solvency assessment summary report under this subchapter shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day's delay, to be recovered by the Insurance Commissioner, and the penalty so recovered shall be paid into the General Revenue Fund Account of the State Apportionment Fund. (b) The maximum penalty under this section is ten thousand dollars ($10,000). (c) The commissioner may reduce the penalty under this section if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer. Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.

(a) An insurer failing without just cause to timely file the own risk and solvency assessment summary report under this subchapter shall be required, after notice and hearing, to pay a penalty of one hundred dollars ($100) for each day's delay, to be recovered by the Insurance Commissioner, and the penalty so recovered shall be paid into the General Revenue Fund Account of the State Apportionment Fund.

(b) The maximum penalty under this section is ten thousand dollars ($10,000).

(c) The commissioner may reduce the penalty under this section if the insurer demonstrates to the commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.

Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.
Ark. Code Ann. § 23-81-117 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-117
Life insurance - Indebtedness deducted from proceeds
Status: in_force

In determining the amount due under any life insurance policy issued, deduction may be made of: (1) Any unpaid premiums or installments thereof for the current policy year due under the terms of the policy; and (2) The amount of principal and accrued interest of any policy loan or other indebtedness against the policy then remaining unpaid. Acts 1959, No. 148, § 335; A.S.A. 1947, § 66-3326.

In determining the amount due under any life insurance policy issued, deduction may be made of:

(1) Any unpaid premiums or installments thereof for the current policy year due under the terms of the policy; and

(2) The amount of principal and accrued interest of any policy loan or other indebtedness against the policy then remaining unpaid.

Acts 1959, No. 148, § 335; A.S.A. 1947, § 66-3326.
Ark. Code Ann. § 23-92-205 — AR Code / Title 23 / Chapter 92 / Subchapter 2 / Section 23-92-205
Payments to administrator - Presumptions
Status: in_force

(a) When a self-insured plan or a trust utilizes the services of an administrator, the payment of premiums or charges to the administrator by the covered individual are presumed to have been received by the self-insured plan or trust. (b) The payment of claims or the return of premiums to the administrator are not presumed to have been paid to the covered individual or claimant until the payment is received by the covered individual or claimant. Acts 1985, No. 796, § 3; A.S.A. 1947, § 66-6005.

(a) When a self-insured plan or a trust utilizes the services of an administrator, the payment of premiums or charges to the administrator by the covered individual are presumed to have been received by the self-insured plan or trust.

(b) The payment of claims or the return of premiums to the administrator are not presumed to have been paid to the covered individual or claimant until the payment is received by the covered individual or claimant.

Acts 1985, No. 796, § 3; A.S.A. 1947, § 66-6005.
Ark. Code Ann. § 23-37-106 — AR Code / Title 23 / Chapter 37 / Subchapter 1 / Section 23-37-106
Federal savings and loan associations
Status: in_force

Unless federal laws or regulations provide otherwise, federal associations and the members thereof, incorporated pursuant to the Home Owners' Loan Act of 1933, shall possess all of the rights, powers, privileges, benefits, immunities, and exemptions that are provided for associations under this act. The making of any sections of this act specifically applicable to federal associations shall not be construed as making other sections of the act inapplicable to federal associations. Acts 1963, No. 227, § 61; A.S.A. 1947, § 67-1861.

Unless federal laws or regulations provide otherwise, federal associations and the members thereof, incorporated pursuant to the Home Owners' Loan Act of 1933, shall possess all of the rights, powers, privileges, benefits, immunities, and exemptions that are provided for associations under this act. The making of any sections of this act specifically applicable to federal associations shall not be construed as making other sections of the act inapplicable to federal associations.

Acts 1963, No. 227, § 61; A.S.A. 1947, § 67-1861.
Ark. Code Ann. § 23-16-403 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-403
[Repealed]
Status: repealed

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1100,§ 55, eff. 7/22/2015. Acts 2005, No. 2289, § 1.

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 1100,§ 55, eff. 7/22/2015.

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-4-601 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-601
Construction of sections 23-4-602, 23-4-608 - 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101
Status: in_force

Nothing in §§ 23-4-602 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 shall be so construed as to amend or repeal any act prior to May 28, 1907, in force, nor to curtail or limit the powers and duties of the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 110, eff. 8/1/2017. Acts 1907, No. 422, § 8, p. 1137; C. & M. Dig., § 1617; Pope's Dig., § 1942; A.S.A. 1947, § 73-1415.

Nothing in §§ 23-4-602 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 shall be so construed as to amend or repeal any act prior to May 28, 1907, in force, nor to curtail or limit the powers and duties of the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 110, eff. 8/1/2017.

Acts 1907, No. 422, § 8, p. 1137; C. & M. Dig., § 1617; Pope's Dig., § 1942; A.S.A. 1947, § 73-1415.
Ark. Code Ann. § 23-64-603 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-603
[See Note] Navigator license required
Status: in_force

(a) (1) A person shall not act as a navigator in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity. (2) A health insurer or an affiliate of a health insurer is not an eligible entity. (b) A grant awarded under a navigator contract is contingent on a person's: (1) Being licensed under this subchapter; (2) Becoming licensed under this subchapter by September 30, 2013, or within ninety (90) days after the receipt of funding; or (3) Employing a licensee that meets the requirements in subdivision (b)(1) or subdivision (b)(2) of this section. (c) A navigator shall: (1) Conduct public education activities to raise awareness of the availability of qualified health plans; (2) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under section 36B of the Internal Revenue Code of 1986 as existing on the effective date of this act and cost-sharing reductions under section 1402 of the federal act; (3) Facilitate enrollment in qualified health plans; (4) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency or agencies for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan, coverage, or a determination under that plan or coverage; and (5) Provide enrollment information in a culturally and linguistically appropriate manner that meets the needs of the population being served by a health insurance marketplace in this state, including those individuals with limited English proficiency or who are protected under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12165 , as they existed on January 1, 2013. (d) A navigator shall not advise a person to select a particular plan. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

(a) (1) A person shall not act as a navigator in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity. (2) A health insurer or an affiliate of a health insurer is not an eligible entity.

(1) A person shall not act as a navigator in this state through a health insurance marketplace unless licensed under this subchapter as an eligible entity.

(2) A health insurer or an affiliate of a health insurer is not an eligible entity.

(b) A grant awarded under a navigator contract is contingent on a person's: (1) Being licensed under this subchapter; (2) Becoming licensed under this subchapter by September 30, 2013, or within ninety (90) days after the receipt of funding; or (3) Employing a licensee that meets the requirements in subdivision (b)(1) or subdivision (b)(2) of this section.

(1) Being licensed under this subchapter;

(2) Becoming licensed under this subchapter by September 30, 2013, or within ninety (90) days after the receipt of funding; or

(3) Employing a licensee that meets the requirements in subdivision (b)(1) or subdivision (b)(2) of this section.

(c) A navigator shall: (1) Conduct public education activities to raise awareness of the availability of qualified health plans; (2) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under section 36B of the Internal Revenue Code of 1986 as existing on the effective date of this act and cost-sharing reductions under section 1402 of the federal act; (3) Facilitate enrollment in qualified health plans; (4) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency or agencies for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan, coverage, or a determination under that plan or coverage; and (5) Provide enrollment information in a culturally and linguistically appropriate manner that meets the needs of the population being served by a health insurance marketplace in this state, including those individuals with limited English proficiency or who are protected under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12165 , as they existed on January 1, 2013.

(1) Conduct public education activities to raise awareness of the availability of qualified health plans;

(2) Distribute fair and impartial information concerning enrollment in qualified health plans and the availability of premium tax credits under section 36B of the Internal Revenue Code of 1986 as existing on the effective date of this act and cost-sharing reductions under section 1402 of the federal act;

(3) Facilitate enrollment in qualified health plans;

(4) Provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman or to any other appropriate state agency or agencies for any enrollee with a grievance, complaint, or question regarding his or her health benefit plan, coverage, or a determination under that plan or coverage; and

(5) Provide enrollment information in a culturally and linguistically appropriate manner that meets the needs of the population being served by a health insurance marketplace in this state, including those individuals with limited English proficiency or who are protected under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 and Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12131-12165 , as they existed on January 1, 2013.

(d) A navigator shall not advise a person to select a particular plan.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-61-1106 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1106
Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services - Funeral directing - Embalming, cremating, or transporting human remains
Status: in_force

(a) (1) The Insurance Commissioner may request that the Department of Commerce employ an agent or agents as Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) A person is not eligible for appointment as inspector under subdivision (a)(1) of this section unless he or she has not fewer than five (5) consecutive years of active experience as an embalmer and funeral director licensed in this state. (b) The inspector shall hold office at the pleasure of the commissioner, who shall determine his or her duties. (c) (1) The inspector, with proper identification, may enter any office, premises, establishment, or place of business in this state where the practice of embalming, funeral directing, cremation, or transportation of human remains is carried on, or where the practice is advertised as being carried on, to: (A) Inspect the office, premises, crematory, or establishment; (B) Inspect the license and registration of a licensee; (C) Inspect the manner and scope of training given to an apprentice; and (D) Ensure compliance with all state laws and rules pertaining to funeral service. (2) By accepting a license under § 17-29-301 et seq., the licensee grants permission for the inspector or other State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services designee to enter the licensee's business premises without prior notice. (d) The inspector may serve and execute any process issued by a court under this subchapter, serve and execute any papers or process issued by the board under the authority of this subchapter and § 17-29-301 et seq., and perform such other duties as prescribed or ordered by the board. (e) The inspector shall not accept any employment, salary, fees, or other remuneration from a funeral establishment or wholesale firm dealing in funeral supplies and equipment. (f) The inspector shall receive such compensation as the board may determine within the maximum authorized by law. Amended by Act 2019, No. 910,§ 606, eff. 7/1/2019. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) (1) The Insurance Commissioner may request that the Department of Commerce employ an agent or agents as Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services. (2) A person is not eligible for appointment as inspector under subdivision (a)(1) of this section unless he or she has not fewer than five (5) consecutive years of active experience as an embalmer and funeral director licensed in this state.

(1) The Insurance Commissioner may request that the Department of Commerce employ an agent or agents as Inspector of the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services.

(2) A person is not eligible for appointment as inspector under subdivision (a)(1) of this section unless he or she has not fewer than five (5) consecutive years of active experience as an embalmer and funeral director licensed in this state.

(b) The inspector shall hold office at the pleasure of the commissioner, who shall determine his or her duties.

(c) (1) The inspector, with proper identification, may enter any office, premises, establishment, or place of business in this state where the practice of embalming, funeral directing, cremation, or transportation of human remains is carried on, or where the practice is advertised as being carried on, to: (A) Inspect the office, premises, crematory, or establishment; (B) Inspect the license and registration of a licensee; (C) Inspect the manner and scope of training given to an apprentice; and (D) Ensure compliance with all state laws and rules pertaining to funeral service. (2) By accepting a license under § 17-29-301 et seq., the licensee grants permission for the inspector or other State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services designee to enter the licensee's business premises without prior notice.

(1) The inspector, with proper identification, may enter any office, premises, establishment, or place of business in this state where the practice of embalming, funeral directing, cremation, or transportation of human remains is carried on, or where the practice is advertised as being carried on, to: (A) Inspect the office, premises, crematory, or establishment; (B) Inspect the license and registration of a licensee; (C) Inspect the manner and scope of training given to an apprentice; and (D) Ensure compliance with all state laws and rules pertaining to funeral service.

(A) Inspect the office, premises, crematory, or establishment;

(B) Inspect the license and registration of a licensee;

(C) Inspect the manner and scope of training given to an apprentice; and

(D) Ensure compliance with all state laws and rules pertaining to funeral service.

(2) By accepting a license under § 17-29-301 et seq., the licensee grants permission for the inspector or other State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services designee to enter the licensee's business premises without prior notice.

(d) The inspector may serve and execute any process issued by a court under this subchapter, serve and execute any papers or process issued by the board under the authority of this subchapter and § 17-29-301 et seq., and perform such other duties as prescribed or ordered by the board.

(e) The inspector shall not accept any employment, salary, fees, or other remuneration from a funeral establishment or wholesale firm dealing in funeral supplies and equipment.

(f) The inspector shall receive such compensation as the board may determine within the maximum authorized by law.

Amended by Act 2019, No. 910,§ 606, eff. 7/1/2019.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-111-516 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-516
Health insurance
Status: in_force

From the amount withheld and retained by the dog racing franchise holder pursuant to § 23-111-509 , the franchise holder shall set aside for the use and benefit of his or her employees for the purpose of maintaining health insurance benefits, one-half of one percent (0.5%) of all moneys wagered on live racing and on racing performances simultaneously televised by the franchise holder but conducted at another race track facility. This set-aside shall be in addition to any other credits or payments made by the dog racing franchise holder in accordance to law. Any surplus funds shall be carried forward the next calendar year and shall not be used for any other purposes. However, the amount set aside shall be applied only to the first one hundred twenty-five million dollars ($125,000,000) of the amount of moneys wagered per calendar year. Acts 1999, No. 1585, § 1.

From the amount withheld and retained by the dog racing franchise holder pursuant to § 23-111-509 , the franchise holder shall set aside for the use and benefit of his or her employees for the purpose of maintaining health insurance benefits, one-half of one percent (0.5%) of all moneys wagered on live racing and on racing performances simultaneously televised by the franchise holder but conducted at another race track facility. This set-aside shall be in addition to any other credits or payments made by the dog racing franchise holder in accordance to law. Any surplus funds shall be carried forward the next calendar year and shall not be used for any other purposes. However, the amount set aside shall be applied only to the first one hundred twenty-five million dollars ($125,000,000) of the amount of moneys wagered per calendar year.

Acts 1999, No. 1585, § 1.
Ark. Code Ann. § 23-47-504 — AR Code / Title 23 / Chapter 47 / Subchapter 5 / Section 23-47-504
Loans to affiliates and insiders
Status: in_force

The provisions of subsections (g) and (h) of section 22 of the Federal Reserve Act, 12 U.S.C. §§ 375a and 375b , and the regulations promulgated thereunder, shall apply to any state bank. Acts 1997, No. 89, § 1.

The provisions of subsections (g) and (h) of section 22 of the Federal Reserve Act, 12 U.S.C. §§ 375a and 375b , and the regulations promulgated thereunder, shall apply to any state bank.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-32-303 — AR Code / Title 23 / Chapter 32 / Subchapter 3 / Section 23-32-303
Applicability of other laws
Status: in_force

The law defining savings and loan associations' formation, structure, and operation shall apply to this subchapter except as provided in this subchapter. Acts 1997, No. 84, § 3.

The law defining savings and loan associations' formation, structure, and operation shall apply to this subchapter except as provided in this subchapter.

Acts 1997, No. 84, § 3.
Ark. Code Ann. § 23-64-601 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-601
[See Note] Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act". Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

This subchapter shall be known and may be cited as the "Arkansas Health Insurance Marketplace Navigator, Guide, and Certified Application Counselors Act".

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-79-129 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-129
Coverage of newborn infants
Status: in_force

(a) (1) Every accident and health insurance policy, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, other than coverage limited to expenses from accidents or specified diseases, whether an individual or group policy, contract, certificate, or plan that covers the insured and members of the insured's family, shall include coverage for newborn infant children by the insured from the moment of birth. (2) The coverage of newborn children shall be the same as is provided for other members of the insured's family and shall include: (A) Coverage for illness, injury, congenital defects, and premature birth; (B) Coverage for tests for hypothyroidism, phenylketonuria, galactosemia, sickle-cell anemia, and all other genetic disorders for which screening is performed by or for the State of Arkansas, as well as any testing of newborn infants hereafter mandated by law; and (C) Subject to minimum benefits required by § 23-99-404 , coverage to pay for routine nursery care and pediatric charges for a well newborn child for up to five (5) full days in a hospital nursery or until the mother is discharged from the hospital following the birth of the child, whichever is the lesser period of time. (b) The insurer may require that the insured give notice to his or her insurer of any newborn children within ninety (90) days of the birth or before the next premium due date, whichever is later. (c) The Insurance Commissioner shall not approve any policy or contract to be sold, issued, or offered for sale in this state unless it shall specifically include the coverage required in this section for newborn infants. Amended by Act 2013, No. 428,§ 2, eff. 8/16/2013. Acts 1975, No. 298, §§ 1-3; 1981, No. 481, § 3; 1983, No. 357, § 1; 1983, No. 522, § 27; A.S.A. 1947, §§ 66-3248 -- 66-3250; Acts 1987, No. 456, § 15; 1987, No. 573, § 3; 1987 (1st Ex. Sess.) No. 12, § 1; 1987 (1st Ex. Sess.) No. 60, § 1; 1995, No. 113, § 2; 2001, No. 1604, § 99; 2003, No. 1293, § 3.

(a) (1) Every accident and health insurance policy, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, other than coverage limited to expenses from accidents or specified diseases, whether an individual or group policy, contract, certificate, or plan that covers the insured and members of the insured's family, shall include coverage for newborn infant children by the insured from the moment of birth. (2) The coverage of newborn children shall be the same as is provided for other members of the insured's family and shall include: (A) Coverage for illness, injury, congenital defects, and premature birth; (B) Coverage for tests for hypothyroidism, phenylketonuria, galactosemia, sickle-cell anemia, and all other genetic disorders for which screening is performed by or for the State of Arkansas, as well as any testing of newborn infants hereafter mandated by law; and (C) Subject to minimum benefits required by § 23-99-404 , coverage to pay for routine nursery care and pediatric charges for a well newborn child for up to five (5) full days in a hospital nursery or until the mother is discharged from the hospital following the birth of the child, whichever is the lesser period of time.

(1) Every accident and health insurance policy, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, other than coverage limited to expenses from accidents or specified diseases, whether an individual or group policy, contract, certificate, or plan that covers the insured and members of the insured's family, shall include coverage for newborn infant children by the insured from the moment of birth.

(2) The coverage of newborn children shall be the same as is provided for other members of the insured's family and shall include: (A) Coverage for illness, injury, congenital defects, and premature birth; (B) Coverage for tests for hypothyroidism, phenylketonuria, galactosemia, sickle-cell anemia, and all other genetic disorders for which screening is performed by or for the State of Arkansas, as well as any testing of newborn infants hereafter mandated by law; and (C) Subject to minimum benefits required by § 23-99-404 , coverage to pay for routine nursery care and pediatric charges for a well newborn child for up to five (5) full days in a hospital nursery or until the mother is discharged from the hospital following the birth of the child, whichever is the lesser period of time.

(A) Coverage for illness, injury, congenital defects, and premature birth;

(B) Coverage for tests for hypothyroidism, phenylketonuria, galactosemia, sickle-cell anemia, and all other genetic disorders for which screening is performed by or for the State of Arkansas, as well as any testing of newborn infants hereafter mandated by law; and

(C) Subject to minimum benefits required by § 23-99-404 , coverage to pay for routine nursery care and pediatric charges for a well newborn child for up to five (5) full days in a hospital nursery or until the mother is discharged from the hospital following the birth of the child, whichever is the lesser period of time.

(b) The insurer may require that the insured give notice to his or her insurer of any newborn children within ninety (90) days of the birth or before the next premium due date, whichever is later.

(c) The Insurance Commissioner shall not approve any policy or contract to be sold, issued, or offered for sale in this state unless it shall specifically include the coverage required in this section for newborn infants.

Amended by Act 2013, No. 428,§ 2, eff. 8/16/2013.

Acts 1975, No. 298, §§ 1-3; 1981, No. 481, § 3; 1983, No. 357, § 1; 1983, No. 522, § 27; A.S.A. 1947, §§ 66-3248 -- 66-3250; Acts 1987, No. 456, § 15; 1987, No. 573, § 3; 1987 (1st Ex. Sess.) No. 12, § 1; 1987 (1st Ex. Sess.) No. 60, § 1; 1995, No. 113, § 2; 2001, No. 1604, § 99; 2003, No. 1293, § 3.
Ark. Code Ann. § 23-49-114 — AR Code / Title 23 / Chapter 49 / Section 23-49-114
Appointment of successor to fiduciary and representative proceedings
Status: in_force

(a) (1) The receiver, with the approval of the circuit court, may appoint one (1) or more successors to any or all of the rights, obligations, assets, deposits, agreements, and trusts held by the closed institution as trustee, administrator, executor, guardian, agent, and all other fiduciary or representative capacities. (2) The approval may be obtained in connection with the proceedings authorized under § 23-49-108 . (3) (A) A successor's duties and obligations begin upon appointment to the same extent binding upon the closed institution and as though the successor had originally assumed the duties and obligations. (B) Specifically, a successor shall be appointed to administer trusteeships, administrations, executorships, guardianships, agencies, and other fiduciary or representative proceedings to which the closed institution is named or appointed in wills, whenever probated, or to which it is appointed by any other instrument, court order, or by operation of law. (b) This section shall not impair any right of the grantor or beneficiaries of trust assets to secure the appointment of a substituted trustee or manager. (c) Within thirty (30) days after appointment, a successor shall give written notice, insofar as practical, that the successor has been appointed in accordance with applicable law to all interested parties named in: (1) The books and records of the closed institution; and (2) Trust documents held by it. Acts 1997, No. 89, § 1.

(a) (1) The receiver, with the approval of the circuit court, may appoint one (1) or more successors to any or all of the rights, obligations, assets, deposits, agreements, and trusts held by the closed institution as trustee, administrator, executor, guardian, agent, and all other fiduciary or representative capacities. (2) The approval may be obtained in connection with the proceedings authorized under § 23-49-108 . (3) (A) A successor's duties and obligations begin upon appointment to the same extent binding upon the closed institution and as though the successor had originally assumed the duties and obligations. (B) Specifically, a successor shall be appointed to administer trusteeships, administrations, executorships, guardianships, agencies, and other fiduciary or representative proceedings to which the closed institution is named or appointed in wills, whenever probated, or to which it is appointed by any other instrument, court order, or by operation of law.

(1) The receiver, with the approval of the circuit court, may appoint one (1) or more successors to any or all of the rights, obligations, assets, deposits, agreements, and trusts held by the closed institution as trustee, administrator, executor, guardian, agent, and all other fiduciary or representative capacities.

(2) The approval may be obtained in connection with the proceedings authorized under § 23-49-108 .

(3) (A) A successor's duties and obligations begin upon appointment to the same extent binding upon the closed institution and as though the successor had originally assumed the duties and obligations. (B) Specifically, a successor shall be appointed to administer trusteeships, administrations, executorships, guardianships, agencies, and other fiduciary or representative proceedings to which the closed institution is named or appointed in wills, whenever probated, or to which it is appointed by any other instrument, court order, or by operation of law.

(A) A successor's duties and obligations begin upon appointment to the same extent binding upon the closed institution and as though the successor had originally assumed the duties and obligations.

(B) Specifically, a successor shall be appointed to administer trusteeships, administrations, executorships, guardianships, agencies, and other fiduciary or representative proceedings to which the closed institution is named or appointed in wills, whenever probated, or to which it is appointed by any other instrument, court order, or by operation of law.

(b) This section shall not impair any right of the grantor or beneficiaries of trust assets to secure the appointment of a substituted trustee or manager.

(c) Within thirty (30) days after appointment, a successor shall give written notice, insofar as practical, that the successor has been appointed in accordance with applicable law to all interested parties named in: (1) The books and records of the closed institution; and (2) Trust documents held by it.

(1) The books and records of the closed institution; and

(2) Trust documents held by it.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-4-707 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-707
Rate schedules
Status: in_force

(a) All persons or corporations engaged in the transportation of passengers or property shall and are required to keep posted up at every depot under the control of or in use by those persons or corporations, in a conspicuous place therein, plainly and legibly printed schedules which shall state: (1) The different kinds and classes of property to be carried; (2) The different places between which property shall be carried; and (3) The rate of freight or express charges for carriage between such places and for all services connected with the transportation of such property from the time of its receipt until it is delivered or forwarded. (b) (1) The schedules shall be posted for at least five (5) days before the schedule shall go into effect, and the schedule shall remain in force until another schedule shall, as aforesaid, be posted. (2) However, at such points where freight or express are subject to competition by water routes not controlled by this act nor complying with its provisions, the schedule provided for in this section may be posted and go into immediate effect. (c) Every person or corporation engaged in the transportation of passengers or property shall receive, load, unload, transport, store, and deliver to the consignee of the property any and all of it offered for shipment, whether as freight or express matter, and these services shall be done at and for charges not greater than those specified in the schedule as may at that time be in force. The person or corporation shall, on demand, issue to shippers duplicate freight or express receipts which shall state the class of freight shipped, the weight, and the charges. Acts 1899, No. 53, § 10, p. 82; C. & M. Dig., § 877; Pope's Dig., § 1081; A.S.A. 1947, § 73-1514.

(a) All persons or corporations engaged in the transportation of passengers or property shall and are required to keep posted up at every depot under the control of or in use by those persons or corporations, in a conspicuous place therein, plainly and legibly printed schedules which shall state: (1) The different kinds and classes of property to be carried; (2) The different places between which property shall be carried; and (3) The rate of freight or express charges for carriage between such places and for all services connected with the transportation of such property from the time of its receipt until it is delivered or forwarded.

(1) The different kinds and classes of property to be carried;

(2) The different places between which property shall be carried; and

(3) The rate of freight or express charges for carriage between such places and for all services connected with the transportation of such property from the time of its receipt until it is delivered or forwarded.

(b) (1) The schedules shall be posted for at least five (5) days before the schedule shall go into effect, and the schedule shall remain in force until another schedule shall, as aforesaid, be posted. (2) However, at such points where freight or express are subject to competition by water routes not controlled by this act nor complying with its provisions, the schedule provided for in this section may be posted and go into immediate effect.

(1) The schedules shall be posted for at least five (5) days before the schedule shall go into effect, and the schedule shall remain in force until another schedule shall, as aforesaid, be posted.

(2) However, at such points where freight or express are subject to competition by water routes not controlled by this act nor complying with its provisions, the schedule provided for in this section may be posted and go into immediate effect.

(c) Every person or corporation engaged in the transportation of passengers or property shall receive, load, unload, transport, store, and deliver to the consignee of the property any and all of it offered for shipment, whether as freight or express matter, and these services shall be done at and for charges not greater than those specified in the schedule as may at that time be in force. The person or corporation shall, on demand, issue to shippers duplicate freight or express receipts which shall state the class of freight shipped, the weight, and the charges.

Acts 1899, No. 53, § 10, p. 82; C. & M. Dig., § 877; Pope's Dig., § 1081; A.S.A. 1947, § 73-1514.
Ark. Code Ann. § 23-4-101 — AR Code / Title 23 / Chapter 4 / Subchapter 1 / Section 23-4-101
Authority of commission or department to establish rates - Exceptions
Status: in_force

(a) With respect to the particular public utilities and matters over which each agency has jurisdiction, the Arkansas Public Service Commission or the Arkansas Department of Transportation shall have the power, after reasonable notice and after full and complete hearing, to enforce, originate, establish, modify, change, adjust, and promulgate tariffs, rates, joint rates, tolls, and schedules for all public service corporations, companies, and utilities and all rules with reference thereto and orders directing the performance of any duties devolving on the company, utility, common carrier, or public service corporation under the terms of this act. (b) Whenever the commission or the department having jurisdiction, after notice and hearing, finds any existing rates, tolls, tariffs, joint rates, or schedules unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise in violation of any of the provisions of the law, the commission or the department shall, by an order, fix reasonable rates, joint rates, tariffs, tolls, charges, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, unjustly discriminatory, inadequate, or otherwise in violation of any of the provisions of this law. (c) (1) Nothing in this act shall authorize either the commission or the department to make any rule or order whatever to be effective within the limits of any municipality of this state with reference to any tariff, rate, toll, schedule, duty, or action of any public service corporation, company, or public utility operating within the municipality as a street railroad; telephone company; gas company; pipeline company for transportation of oil, gas, or water; electrical company, for the generation or distribution, sale, or supply of electricity for heat, light, or power; water company; or hydroelectric company. (2) It is the intention of this act, more particularly expressed in other provisions of this act, to confer upon the municipal councils and city commissions of this state jurisdiction as to these matters, so far as they are effective within the limits of any municipality of this state. Amended by Act 2019, No. 315,§ 2387, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2386, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 109, eff. 8/1/2017. Acts 1919, No. 571, § 8; C. & M. Dig., § 1619; Acts 1921, No. 124, § 6; Pope's Dig., § 2005; A.S.A. 1947, § 73-119.

(a) With respect to the particular public utilities and matters over which each agency has jurisdiction, the Arkansas Public Service Commission or the Arkansas Department of Transportation shall have the power, after reasonable notice and after full and complete hearing, to enforce, originate, establish, modify, change, adjust, and promulgate tariffs, rates, joint rates, tolls, and schedules for all public service corporations, companies, and utilities and all rules with reference thereto and orders directing the performance of any duties devolving on the company, utility, common carrier, or public service corporation under the terms of this act.

(b) Whenever the commission or the department having jurisdiction, after notice and hearing, finds any existing rates, tolls, tariffs, joint rates, or schedules unjust, unreasonable, insufficient, unjustly discriminatory, or otherwise in violation of any of the provisions of the law, the commission or the department shall, by an order, fix reasonable rates, joint rates, tariffs, tolls, charges, or schedules to be followed in the future in lieu of those found to be unjust, unreasonable, insufficient, unjustly discriminatory, inadequate, or otherwise in violation of any of the provisions of this law.

(c) (1) Nothing in this act shall authorize either the commission or the department to make any rule or order whatever to be effective within the limits of any municipality of this state with reference to any tariff, rate, toll, schedule, duty, or action of any public service corporation, company, or public utility operating within the municipality as a street railroad; telephone company; gas company; pipeline company for transportation of oil, gas, or water; electrical company, for the generation or distribution, sale, or supply of electricity for heat, light, or power; water company; or hydroelectric company. (2) It is the intention of this act, more particularly expressed in other provisions of this act, to confer upon the municipal councils and city commissions of this state jurisdiction as to these matters, so far as they are effective within the limits of any municipality of this state.

(1) Nothing in this act shall authorize either the commission or the department to make any rule or order whatever to be effective within the limits of any municipality of this state with reference to any tariff, rate, toll, schedule, duty, or action of any public service corporation, company, or public utility operating within the municipality as a street railroad; telephone company; gas company; pipeline company for transportation of oil, gas, or water; electrical company, for the generation or distribution, sale, or supply of electricity for heat, light, or power; water company; or hydroelectric company.

(2) It is the intention of this act, more particularly expressed in other provisions of this act, to confer upon the municipal councils and city commissions of this state jurisdiction as to these matters, so far as they are effective within the limits of any municipality of this state.

Amended by Act 2019, No. 315,§ 2387, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2386, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 109, eff. 8/1/2017.

Acts 1919, No. 571, § 8; C. & M. Dig., § 1619; Acts 1921, No. 124, § 6; Pope's Dig., § 2005; A.S.A. 1947, § 73-119.
Ark. Code Ann. § 23-2-105 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-105
Employees generally
Status: in_force

The Arkansas Public Service Commission shall have power to employ during its pleasure such officers, examiners, experts, engineers, statisticians, accountants, attorneys, inspectors, clerks, and employees as it may deem necessary to carry out its proper function or to perform the duties and exercise the powers conferred by law upon the commission, as may be provided by appropriations of the General Assembly. Acts 1945, No. 40, § 1; A.S.A. 1947, § 73-105.

The Arkansas Public Service Commission shall have power to employ during its pleasure such officers, examiners, experts, engineers, statisticians, accountants, attorneys, inspectors, clerks, and employees as it may deem necessary to carry out its proper function or to perform the duties and exercise the powers conferred by law upon the commission, as may be provided by appropriations of the General Assembly.

Acts 1945, No. 40, § 1; A.S.A. 1947, § 73-105.
Ark. Code Ann. § 23-44-102 — AR Code / Title 23 / Chapter 44 / Section 23-44-102
Penalties
Status: in_force

(a) (1) Any person, acting either as agent or principal, who knowingly enters into or assists in making any contracts of sale of the sort or character denounced by § 23-44-105 , for the future delivery of cotton, grain, stocks, or other commodities or who maintains or operates a bucket shop as that term is defined in § 23-44-101 shall be guilty of a felony and upon conviction shall be fined in a sum not to exceed one thousand dollars ($1,000) or be imprisoned in the penitentiary not exceeding two (2) years. (2) Any person who shall be guilty of a second offense under this section, in addition to the penalties above prescribed, and upon conviction, may be both fined and imprisoned in the discretion of the court. (b) (1) If a corporation commits the acts prohibited by subsection (a) of this section, it shall be liable to forfeiture of all its rights and privileges as a corporation, and the continuance of the establishment after the first conviction shall be deemed a second offense. (2) It shall be the duty of the Attorney General to institute proceedings for the forfeiture of the charter of any corporation making itself liable to forfeiture under the provisions of this chapter. Acts 1929, No. 208, § 7; Pope's Dig., § 3348; A.S.A. 1947, § 68-1007.

(a) (1) Any person, acting either as agent or principal, who knowingly enters into or assists in making any contracts of sale of the sort or character denounced by § 23-44-105 , for the future delivery of cotton, grain, stocks, or other commodities or who maintains or operates a bucket shop as that term is defined in § 23-44-101 shall be guilty of a felony and upon conviction shall be fined in a sum not to exceed one thousand dollars ($1,000) or be imprisoned in the penitentiary not exceeding two (2) years. (2) Any person who shall be guilty of a second offense under this section, in addition to the penalties above prescribed, and upon conviction, may be both fined and imprisoned in the discretion of the court.

(1) Any person, acting either as agent or principal, who knowingly enters into or assists in making any contracts of sale of the sort or character denounced by § 23-44-105 , for the future delivery of cotton, grain, stocks, or other commodities or who maintains or operates a bucket shop as that term is defined in § 23-44-101 shall be guilty of a felony and upon conviction shall be fined in a sum not to exceed one thousand dollars ($1,000) or be imprisoned in the penitentiary not exceeding two (2) years.

(2) Any person who shall be guilty of a second offense under this section, in addition to the penalties above prescribed, and upon conviction, may be both fined and imprisoned in the discretion of the court.

(b) (1) If a corporation commits the acts prohibited by subsection (a) of this section, it shall be liable to forfeiture of all its rights and privileges as a corporation, and the continuance of the establishment after the first conviction shall be deemed a second offense. (2) It shall be the duty of the Attorney General to institute proceedings for the forfeiture of the charter of any corporation making itself liable to forfeiture under the provisions of this chapter.

(1) If a corporation commits the acts prohibited by subsection (a) of this section, it shall be liable to forfeiture of all its rights and privileges as a corporation, and the continuance of the establishment after the first conviction shall be deemed a second offense.

(2) It shall be the duty of the Attorney General to institute proceedings for the forfeiture of the charter of any corporation making itself liable to forfeiture under the provisions of this chapter.

Acts 1929, No. 208, § 7; Pope's Dig., § 3348; A.S.A. 1947, § 68-1007.
Ark. Code Ann. § 23-81-817 — AR Code / Title 23 / Chapter 81 / Subchapter 8 / Section 23-81-817
Unfair trade practices
Status: in_force

A violation of §§ 23-81-801 - 23-81-816 shall be considered an unfair trade practice pursuant to § 23-66-206 and shall be subject to the provisions related to hearings and penalties for violations of §§ 23-66-207 - 23-66-212 of the Trade Practices Act, § 23-66-201 et seq. Acts 2009, No. 796, § 1.

A violation of §§ 23-81-801 - 23-81-816 shall be considered an unfair trade practice pursuant to § 23-66-206 and shall be subject to the provisions related to hearings and penalties for violations of §§ 23-66-207 - 23-66-212 of the Trade Practices Act, § 23-66-201 et seq.

Acts 2009, No. 796, § 1.
Ark. Code Ann. § 23-63-2006 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2006
Confidentiality
Status: in_force

(a) Documents, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the State Insurance Department and obtained by, created by, or disclosed to the Insurance Commissioner or any other person under this subchapter, is recognized by this state as being proprietary and containing trade secrets. (b) (1) The information required under subsection (a) of this section: (A) Is confidential by law and privileged and is not subject to: (i) Public disclosure; (ii) Subpoena; and (iii) Discovery; and (B) Is not admissible in evidence in any private civil action. (2) The commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. (3) The commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer. (c) This section does not require written consent of the insurer before the commissioner may share or receive confidential documents, materials, or other corporate governance annual disclosure-related information under subsection (e) of this section to assist in the performance of the commissioner's regular duties. (d) The commissioner or any person who receives documents, materials, or other corporate governance annual disclosure-related information, through examination or otherwise, while acting under the authority of the commissioner, or with whom such documents, materials, or other information is shared under this subchapter shall not be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subdivision (b)(2) of this section. (e) In order to assist in the performance of the commissioner's regulatory duties, the commissioner may: (1) (A) Upon request, share documents, materials, or other corporate governance annual disclosure-related information including the confidential and privileged documents, materials, or information subject to subsection (a) of this section, including proprietary and trade secret documents and materials, with: (i) Other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; (ii) The National Association of Insurance Commissioners; and (iii) Third-party consultants under § 23-63-2007 . (B) In order to obtain information under subdivision (e)(1)(A) of this section, the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, material, or other information and has verified in writing the legal authority to maintain confidentiality; and (2) (A) Receive documents, materials, or other corporate governance annual disclosure-related information, including otherwise confidential and privileged documents, materials, or information, including proprietary and trade-secret information or documents, from: (i) Regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; and (ii) The National Association of Insurance Commissioners. (B) In order to obtain information under subdivision (e)(2)(A) of this section, the commissioner shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information. (f) The sharing of information and documents by the commissioner under this subchapter shall not constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely responsible for the administration, execution, and enforcement of this subchapter. (g) A waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials, or other corporate governance annual disclosure-related information shall not occur as a result of disclosure of any corporate governance annual disclosure-related information or documents to the commissioner under this section or as a result of sharing as authorized under this subchapter. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) Documents, materials, or other information, including the corporate governance annual disclosure, in the possession or control of the State Insurance Department and obtained by, created by, or disclosed to the Insurance Commissioner or any other person under this subchapter, is recognized by this state as being proprietary and containing trade secrets.

(b) (1) The information required under subsection (a) of this section: (A) Is confidential by law and privileged and is not subject to: (i) Public disclosure; (ii) Subpoena; and (iii) Discovery; and (B) Is not admissible in evidence in any private civil action. (2) The commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties. (3) The commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer.

(1) The information required under subsection (a) of this section: (A) Is confidential by law and privileged and is not subject to: (i) Public disclosure; (ii) Subpoena; and (iii) Discovery; and (B) Is not admissible in evidence in any private civil action.

(A) Is confidential by law and privileged and is not subject to: (i) Public disclosure; (ii) Subpoena; and (iii) Discovery; and

(i) Public disclosure;

(ii) Subpoena; and

(iii) Discovery; and

(B) Is not admissible in evidence in any private civil action.

(2) The commissioner is authorized to use the documents, materials, or other information in the furtherance of any regulatory or legal action brought as a part of the commissioner's official duties.

(3) The commissioner shall not otherwise make the documents, materials, or other information public without the prior written consent of the insurer.

(c) This section does not require written consent of the insurer before the commissioner may share or receive confidential documents, materials, or other corporate governance annual disclosure-related information under subsection (e) of this section to assist in the performance of the commissioner's regular duties.

(d) The commissioner or any person who receives documents, materials, or other corporate governance annual disclosure-related information, through examination or otherwise, while acting under the authority of the commissioner, or with whom such documents, materials, or other information is shared under this subchapter shall not be permitted or required to testify in any private civil action concerning any confidential documents, materials, or information subject to subdivision (b)(2) of this section.

(e) In order to assist in the performance of the commissioner's regulatory duties, the commissioner may: (1) (A) Upon request, share documents, materials, or other corporate governance annual disclosure-related information including the confidential and privileged documents, materials, or information subject to subsection (a) of this section, including proprietary and trade secret documents and materials, with: (i) Other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; (ii) The National Association of Insurance Commissioners; and (iii) Third-party consultants under § 23-63-2007 . (B) In order to obtain information under subdivision (e)(1)(A) of this section, the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, material, or other information and has verified in writing the legal authority to maintain confidentiality; and (2) (A) Receive documents, materials, or other corporate governance annual disclosure-related information, including otherwise confidential and privileged documents, materials, or information, including proprietary and trade-secret information or documents, from: (i) Regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; and (ii) The National Association of Insurance Commissioners. (B) In order to obtain information under subdivision (e)(2)(A) of this section, the commissioner shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.

(1) (A) Upon request, share documents, materials, or other corporate governance annual disclosure-related information including the confidential and privileged documents, materials, or information subject to subsection (a) of this section, including proprietary and trade secret documents and materials, with: (i) Other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; (ii) The National Association of Insurance Commissioners; and (iii) Third-party consultants under § 23-63-2007 . (B) In order to obtain information under subdivision (e)(1)(A) of this section, the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, material, or other information and has verified in writing the legal authority to maintain confidentiality; and

(A) Upon request, share documents, materials, or other corporate governance annual disclosure-related information including the confidential and privileged documents, materials, or information subject to subsection (a) of this section, including proprietary and trade secret documents and materials, with: (i) Other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; (ii) The National Association of Insurance Commissioners; and (iii) Third-party consultants under § 23-63-2007 .

(i) Other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ;

(ii) The National Association of Insurance Commissioners; and

(iii) Third-party consultants under § 23-63-2007 .

(B) In order to obtain information under subdivision (e)(1)(A) of this section, the recipient agrees in writing to maintain the confidentiality and privileged status of the corporate governance annual disclosure-related documents, material, or other information and has verified in writing the legal authority to maintain confidentiality; and

(2) (A) Receive documents, materials, or other corporate governance annual disclosure-related information, including otherwise confidential and privileged documents, materials, or information, including proprietary and trade-secret information or documents, from: (i) Regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; and (ii) The National Association of Insurance Commissioners. (B) In order to obtain information under subdivision (e)(2)(A) of this section, the commissioner shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.

(A) Receive documents, materials, or other corporate governance annual disclosure-related information, including otherwise confidential and privileged documents, materials, or information, including proprietary and trade-secret information or documents, from: (i) Regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; and (ii) The National Association of Insurance Commissioners.

(i) Regulatory officials of other state, federal, and international financial regulatory agencies, including members of any supervisory college as defined in § 23-63-531 ; and

(ii) The National Association of Insurance Commissioners.

(B) In order to obtain information under subdivision (e)(2)(A) of this section, the commissioner shall maintain as confidential or privileged any documents, materials, or information received with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.

(f) The sharing of information and documents by the commissioner under this subchapter shall not constitute a delegation of regulatory authority or rulemaking, and the commissioner is solely responsible for the administration, execution, and enforcement of this subchapter.

(g) A waiver of any applicable privilege or claim of confidentiality in the documents, proprietary and trade-secret materials, or other corporate governance annual disclosure-related information shall not occur as a result of disclosure of any corporate governance annual disclosure-related information or documents to the commissioner under this section or as a result of sharing as authorized under this subchapter.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-90-120 — AR Code / Title 23 / Chapter 90 / Section 23-90-120
Liability of insurer, commissioner, etc
Status: in_force

There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer subject to this chapter or its agents or employees, the Arkansas Property and Casualty Advisory Association, or the Insurance Commissioner or his or her representatives for any action by them in the performance of their powers and duties under this chapter. Acts 1977, No. 871, § 16; A.S.A. 1947, § 66-5516.

There shall be no liability on the part of and no cause of action of any nature shall arise against any insurer subject to this chapter or its agents or employees, the Arkansas Property and Casualty Advisory Association, or the Insurance Commissioner or his or her representatives for any action by them in the performance of their powers and duties under this chapter.

Acts 1977, No. 871, § 16; A.S.A. 1947, § 66-5516.
Ark. Code Ann. § 23-82-114 — AR Code / Title 23 / Chapter 82 / Section 23-82-114
Designation of beneficiary - Payment upon insured's death
Status: in_force

(a) Each policy shall have a space for the name of the beneficiary designated with a reservation of the right to designate or change the beneficiary after the issuance of the policy. (b) (1) The policy may also provide that no designation or change of beneficiary shall be binding on the insurer unless endorsed on the policy by the insurer and that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured. (2) The policy may provide that the insurer may make payment thereunder to the executor or administrator of the insured, or to any of the insured's relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto by reason of having been named beneficiary or by reason of having incurred expense for the maintenance, medical attention, or burial of the insured if the beneficiary designated in the policy does not surrender the policy with due proof of death within the period stated in the policy, which shall be not less than thirty (30) days after the death of the insured, or if the beneficiary dies before the insured, or the beneficiary is the estate of the insured, a minor, or is not legally competent to give a valid release. (3) The policy may also include a similar provision applicable to any other payment due under the policy. Acts 1959, No. 148, § 358; A.S.A. 1947, § 66-3413.

(a) Each policy shall have a space for the name of the beneficiary designated with a reservation of the right to designate or change the beneficiary after the issuance of the policy.

(b) (1) The policy may also provide that no designation or change of beneficiary shall be binding on the insurer unless endorsed on the policy by the insurer and that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured. (2) The policy may provide that the insurer may make payment thereunder to the executor or administrator of the insured, or to any of the insured's relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto by reason of having been named beneficiary or by reason of having incurred expense for the maintenance, medical attention, or burial of the insured if the beneficiary designated in the policy does not surrender the policy with due proof of death within the period stated in the policy, which shall be not less than thirty (30) days after the death of the insured, or if the beneficiary dies before the insured, or the beneficiary is the estate of the insured, a minor, or is not legally competent to give a valid release. (3) The policy may also include a similar provision applicable to any other payment due under the policy.

(1) The policy may also provide that no designation or change of beneficiary shall be binding on the insurer unless endorsed on the policy by the insurer and that the insurer may refuse to endorse the name of any proposed beneficiary who does not appear to the insurer to have an insurable interest in the life of the insured.

(2) The policy may provide that the insurer may make payment thereunder to the executor or administrator of the insured, or to any of the insured's relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto by reason of having been named beneficiary or by reason of having incurred expense for the maintenance, medical attention, or burial of the insured if the beneficiary designated in the policy does not surrender the policy with due proof of death within the period stated in the policy, which shall be not less than thirty (30) days after the death of the insured, or if the beneficiary dies before the insured, or the beneficiary is the estate of the insured, a minor, or is not legally competent to give a valid release.

(3) The policy may also include a similar provision applicable to any other payment due under the policy.

Acts 1959, No. 148, § 358; A.S.A. 1947, § 66-3413.
Ark. Code Ann. § 23-71-105 — AR Code / Title 23 / Chapter 71 / Section 23-71-105
Reserves and nonforfeiture provisions required
Status: in_force

(a) Stipulated premium insurers shall be required to maintain reserves on all life insurance policies, annuity and endowment contracts, and disability insurance policies issued on and after January 1, 1968, in the following manner: (1) Reserves on all stipulated premium life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and (2) Reserves on all stipulated premium accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq. as to required insurance reserves. (b) Stipulated premium insurers shall be required to insert in all life insurance policies and annuity and endowment contracts issued on and after January 1, 1968, a provision for nonforfeiture law under the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq. Acts 1959, No. 148, § 541; 1967, No. 393, § 1; A.S.A. 1947, § 66-4402; Acts 2001, No. 1566, § 14.

(a) Stipulated premium insurers shall be required to maintain reserves on all life insurance policies, annuity and endowment contracts, and disability insurance policies issued on and after January 1, 1968, in the following manner: (1) Reserves on all stipulated premium life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and (2) Reserves on all stipulated premium accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq. as to required insurance reserves.

(1) Reserves on all stipulated premium life insurance policies and annuity and endowment contracts shall be established and maintained in accordance with the provisions of the Standard Valuation Law for Life Insurance and Annuities, § 23-84-101 et seq.; and

(2) Reserves on all stipulated premium accident and health insurance policies shall be established and maintained in accordance with the provisions of § 23-63-601 et seq. as to required insurance reserves.

(b) Stipulated premium insurers shall be required to insert in all life insurance policies and annuity and endowment contracts issued on and after January 1, 1968, a provision for nonforfeiture law under the Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

Acts 1959, No. 148, § 541; 1967, No. 393, § 1; A.S.A. 1947, § 66-4402; Acts 2001, No. 1566, § 14.
Ark. Code Ann. § 23-2-310 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-310
Investigations, examinations, testing, etc
Status: in_force

(a) (1) The commission, whenever it may be necessary in the performance of its duties, may investigate and examine the condition and operation of public utilities or any particular utility. (2) In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording a hearing to the affected parties. (b) The commissioners and the officers and employees of the commission, during all reasonable hours, may from time to time enter upon any premises occupied by any public utility or upon or in which any of the utility's property is located for the purpose of making any investigation, examination, or test, or for exercising any power under this act. The commission may set up and use on such premises any apparatus and appliances necessary therefor. (c) The public utility shall have the right to be represented at the making of such investigations and examinations, tests, and inspections. Acts 1935, No. 324, § 22; Pope's Dig., § 2085; A.S.A. 1947, § 73-221.

(a) (1) The commission, whenever it may be necessary in the performance of its duties, may investigate and examine the condition and operation of public utilities or any particular utility. (2) In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording a hearing to the affected parties.

(1) The commission, whenever it may be necessary in the performance of its duties, may investigate and examine the condition and operation of public utilities or any particular utility.

(2) In conducting such investigations, the commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording a hearing to the affected parties.

(b) The commissioners and the officers and employees of the commission, during all reasonable hours, may from time to time enter upon any premises occupied by any public utility or upon or in which any of the utility's property is located for the purpose of making any investigation, examination, or test, or for exercising any power under this act. The commission may set up and use on such premises any apparatus and appliances necessary therefor.

(c) The public utility shall have the right to be represented at the making of such investigations and examinations, tests, and inspections.

Acts 1935, No. 324, § 22; Pope's Dig., § 2085; A.S.A. 1947, § 73-221.
Ark. Code Ann. § 23-67-403 — AR Code / Title 23 / Chapter 67 / Subchapter 4 / Section 23-67-403
Scope
Status: in_force

This subchapter applies to personal insurance and not to commercial insurance or any other type of insurance. Acts 2003, No. 1452, § 2.

This subchapter applies to personal insurance and not to commercial insurance or any other type of insurance.

Acts 2003, No. 1452, § 2.
Ark. Code Ann. § 23-65-314 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-314
Quarterly statement
Status: in_force

(a) On or before March 1, June 1, September 1, and December 1 of each year, a surplus lines broker shall file with the Insurance Commissioner a statement for the preceding period of the surplus lines insurance transactions of an insured whose home state is the State of Arkansas. (b) The statement shall be on forms as prescribed and furnished by the commissioner and shall show: (1) The gross amount of each kind of insurance transacted; (2) The aggregate gross premiums charged, exclusive of sums collected to cover state or federal taxes; (3) The aggregate of returned premiums and taxes paid to insureds; (4) The aggregate of net premiums; and (5) Additional information as required by the commissioner. Acts 1959, No. 148, § 200; 1979, No. 731, § 3; A.S.A. 1947, § 66-2920; Acts 2011, No. 1055, § 2.

(a) On or before March 1, June 1, September 1, and December 1 of each year, a surplus lines broker shall file with the Insurance Commissioner a statement for the preceding period of the surplus lines insurance transactions of an insured whose home state is the State of Arkansas.

(b) The statement shall be on forms as prescribed and furnished by the commissioner and shall show: (1) The gross amount of each kind of insurance transacted; (2) The aggregate gross premiums charged, exclusive of sums collected to cover state or federal taxes; (3) The aggregate of returned premiums and taxes paid to insureds; (4) The aggregate of net premiums; and (5) Additional information as required by the commissioner.

(1) The gross amount of each kind of insurance transacted;

(2) The aggregate gross premiums charged, exclusive of sums collected to cover state or federal taxes;

(3) The aggregate of returned premiums and taxes paid to insureds;

(4) The aggregate of net premiums; and

(5) Additional information as required by the commissioner.

Acts 1959, No. 148, § 200; 1979, No. 731, § 3; A.S.A. 1947, § 66-2920; Acts 2011, No. 1055, § 2.
Ark. Code Ann. § 23-97-308 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-308
Preexisting condition
Status: in_force

(a) No long-term care insurance policy or certificate other than a policy or certificate issued to a group approved by the Insurance Commissioner under § 23-97-304(6)(B) shall: (1) Use a definition of "preexisting condition" that is more restrictive than the following: "Preexisting condition" means a condition for which medical advice or treatment was recommended by or received from a provider of healthcare services within six (6) months preceding the effective date of coverage of an insured person; or (2) Exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six (6) months following the effective date of coverage of an insured person. (b) The commissioner may extend the limitation periods set forth in subsection (a) of this section for specific age group categories in specific policy forms upon finding that the extension is in the best interest of the public. (c) (1) The definition of "preexisting condition" does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant when underwriting in accordance with the insurer's established underwriting standards. (2) Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in subdivision (a)(2) of this section expires. (3) No long-term care insurance policy or certificate may exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in subdivision (a)(2) of this section. Acts 2005, No. 1697, § 31.

(a) No long-term care insurance policy or certificate other than a policy or certificate issued to a group approved by the Insurance Commissioner under § 23-97-304(6)(B) shall: (1) Use a definition of "preexisting condition" that is more restrictive than the following: "Preexisting condition" means a condition for which medical advice or treatment was recommended by or received from a provider of healthcare services within six (6) months preceding the effective date of coverage of an insured person; or (2) Exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six (6) months following the effective date of coverage of an insured person.

(1) Use a definition of "preexisting condition" that is more restrictive than the following: "Preexisting condition" means a condition for which medical advice or treatment was recommended by or received from a provider of healthcare services within six (6) months preceding the effective date of coverage of an insured person; or

(2) Exclude coverage for a loss or confinement that is the result of a preexisting condition unless the loss or confinement begins within six (6) months following the effective date of coverage of an insured person.

(b) The commissioner may extend the limitation periods set forth in subsection (a) of this section for specific age group categories in specific policy forms upon finding that the extension is in the best interest of the public.

(c) (1) The definition of "preexisting condition" does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant when underwriting in accordance with the insurer's established underwriting standards. (2) Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in subdivision (a)(2) of this section expires. (3) No long-term care insurance policy or certificate may exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in subdivision (a)(2) of this section.

(1) The definition of "preexisting condition" does not prohibit an insurer from using an application form designed to elicit the complete health history of an applicant when underwriting in accordance with the insurer's established underwriting standards.

(2) Unless otherwise provided in the policy or certificate, a preexisting condition, regardless of whether it is disclosed on the application, need not be covered until the waiting period described in subdivision (a)(2) of this section expires.

(3) No long-term care insurance policy or certificate may exclude or use waivers or riders of any kind to exclude, limit, or reduce coverage or benefits for specifically named or described preexisting diseases or physical conditions beyond the waiting period described in subdivision (a)(2) of this section.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-61-710 — AR Code / Title 23 / Chapter 61 / Subchapter 7 / Section 23-61-710
Trust fund - State Insurance Department vouchers and Auditor of State
Status: in_force

(a) All fees, license fees, and additional or increased license or registration fees, fines, penalties, and revenues provided for in this subchapter received as special revenues for the State Insurance Department Trust Fund and deposited therein shall be deemed for all purposes revenues of the State Insurance Department Trust Fund and of the State Insurance Department for the sole support, operation, and maintenance of the department, and, when paid into the State Treasury by the Insurance Commissioner, shall be maintained by the State Treasury as the State Insurance Department Trust Fund, separate from all other funds, and available only for the payment of the expenses of the department pursuant to the appropriations therefor. (b) The Auditor of State shall, upon proper voucher from the commissioner, issue his or her warrant on the Treasurer of State in payment of all salaries and other expenses incurred in the administration of this subchapter. (c) The commissioner shall at the end of each biennium period cause to be transferred into the General Revenue Fund Account of the State Apportionment Fund the excess of the State Insurance Department Trust Fund moneys over an amount equal to one (1) fiscal-year budget for the department. Amended by Act 2015, No. 871,§ 28, eff. 4/1/2015. Acts 1993, No. 652, § 11; 1993, No. 901, § 46.

(a) All fees, license fees, and additional or increased license or registration fees, fines, penalties, and revenues provided for in this subchapter received as special revenues for the State Insurance Department Trust Fund and deposited therein shall be deemed for all purposes revenues of the State Insurance Department Trust Fund and of the State Insurance Department for the sole support, operation, and maintenance of the department, and, when paid into the State Treasury by the Insurance Commissioner, shall be maintained by the State Treasury as the State Insurance Department Trust Fund, separate from all other funds, and available only for the payment of the expenses of the department pursuant to the appropriations therefor.

(b) The Auditor of State shall, upon proper voucher from the commissioner, issue his or her warrant on the Treasurer of State in payment of all salaries and other expenses incurred in the administration of this subchapter.

(c) The commissioner shall at the end of each biennium period cause to be transferred into the General Revenue Fund Account of the State Apportionment Fund the excess of the State Insurance Department Trust Fund moneys over an amount equal to one (1) fiscal-year budget for the department.

Amended by Act 2015, No. 871,§ 28, eff. 4/1/2015.

Acts 1993, No. 652, § 11; 1993, No. 901, § 46.