Ark. Code Ann. § 23-62-408 — AR Code / Title 23 / Chapter 62 / Subchapter 4 / Section 23-62-408
Required contract provisions - Reinsurance intermediary managers
Status: in_force

(a) Transactions between a reinsurance intermediary manager and the reinsurer it represents in such capacity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors. (b) At least thirty (30) days before the reinsurer assumes or cedes business through the producer, a true copy of the approved contract shall be filed with the Insurance Commissioner for approval. (c) The contract shall, at a minimum, contain provisions that: (1) (A) The reinsurer may terminate the contract for cause upon written notice to the reinsurance intermediary manager. (B) The reinsurer may immediately suspend the authority of the reinsurance intermediary manager to assume or cede business during the pendency of any dispute regarding the cause for termination; (2) The reinsurance intermediary manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis; (3) (A) All funds collected for the reinsurer's account will be held by the reinsurance intermediary manager in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 . (B) The reinsurance intermediary manager may retain no more than three (3) months' estimated claims payments and allocated loss adjustment expenses. (C) The reinsurance intermediary manager shall maintain a separate bank account for each reinsurer that it represents; (4) For at least ten (10) years after expiration of each contract of reinsurance transacted by the reinsurance intermediary manager, the reinsurance intermediary manager will keep a complete record for each transaction showing: (A) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (B) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation, and disposition of outstanding reserves on covered risks; (C) The reporting and settlement requirements of balances; (D) The rate used to compute the reinsurance premium; (E) The names and addresses of reinsurers; (F) The rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary manager; (G) Related correspondence and memoranda; (H) Proof of placement; (I) Details regarding retrocessions handled by the reinsurance intermediary manager, as permitted by § 23-62-410(d) , including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (J) Financial records, including, but not limited to, premium and loss accounts; and (K) When the reinsurance intermediary manager places a reinsurance contract on behalf of a ceding insurer: (i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative; (5) The reinsurer will have access to and the right to copy all accounts and records maintained by the reinsurance intermediary manager related to its business in a form usable by the reinsurer; (6) The contract cannot be assigned in whole or in part by the reinsurance intermediary manager; (7) The reinsurance intermediary manager will comply with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession of all risks; (8) Set forth the rates, terms, and purposes of commissions, charges, and other fees which the reinsurance intermediary manager may levy against the reinsurer; (9) If the contract permits the reinsurance intermediary manager to settle claims on behalf of the reinsurer: (A) All claims will be reported to the reinsurer in a timely manner; (B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the commissioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the reinsurance intermediary manager's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of the lesser of an amount set by the commissioner or an amount set by the reinsurer; (C) All claim files will be the joint property of the reinsurer and the reinsurance intermediary manager. However, upon an order of liquidation of the reinsurer the files shall become the sole property of the reinsurer or its estate. The reinsurance intermediary manager shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the reinsurance intermediary manager may be terminated for cause upon the reinsurer's written notice to the reinsurance intermediary manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination; (10) If the contract provides for a sharing of interim profits by the reinsurance intermediary manager, then the interim profits will not be paid until one (1) year after the end of each underwriting period for property business and five (5) years after the end of each underwriting period for casualty business, or a later period set by the commissioner for specified lines of insurance, and not until the adequacy of reserves on remaining claims has been verified pursuant to § 23-62-410(c) ; (11) The reinsurance intermediary manager will annually provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant; (12) The reinsurer shall periodically, at least semiannually, conduct an on-site review of the underwriting and claims processing operations of the reinsurance intermediary manager; (13) The reinsurance intermediary manager will disclose to the reinsurer any relationship it has with any insurer prior to ceding or assuming any business with the insurer pursuant to the contract; and (14) The acts of the reinsurance intermediary manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting. Acts 1993, No. 527, § 1.

(a) Transactions between a reinsurance intermediary manager and the reinsurer it represents in such capacity shall only be entered into pursuant to a written contract, specifying the responsibilities of each party, which shall be approved by the reinsurer's board of directors.

(b) At least thirty (30) days before the reinsurer assumes or cedes business through the producer, a true copy of the approved contract shall be filed with the Insurance Commissioner for approval.

(c) The contract shall, at a minimum, contain provisions that: (1) (A) The reinsurer may terminate the contract for cause upon written notice to the reinsurance intermediary manager. (B) The reinsurer may immediately suspend the authority of the reinsurance intermediary manager to assume or cede business during the pendency of any dispute regarding the cause for termination; (2) The reinsurance intermediary manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis; (3) (A) All funds collected for the reinsurer's account will be held by the reinsurance intermediary manager in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 . (B) The reinsurance intermediary manager may retain no more than three (3) months' estimated claims payments and allocated loss adjustment expenses. (C) The reinsurance intermediary manager shall maintain a separate bank account for each reinsurer that it represents; (4) For at least ten (10) years after expiration of each contract of reinsurance transacted by the reinsurance intermediary manager, the reinsurance intermediary manager will keep a complete record for each transaction showing: (A) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (B) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation, and disposition of outstanding reserves on covered risks; (C) The reporting and settlement requirements of balances; (D) The rate used to compute the reinsurance premium; (E) The names and addresses of reinsurers; (F) The rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary manager; (G) Related correspondence and memoranda; (H) Proof of placement; (I) Details regarding retrocessions handled by the reinsurance intermediary manager, as permitted by § 23-62-410(d) , including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (J) Financial records, including, but not limited to, premium and loss accounts; and (K) When the reinsurance intermediary manager places a reinsurance contract on behalf of a ceding insurer: (i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative; (5) The reinsurer will have access to and the right to copy all accounts and records maintained by the reinsurance intermediary manager related to its business in a form usable by the reinsurer; (6) The contract cannot be assigned in whole or in part by the reinsurance intermediary manager; (7) The reinsurance intermediary manager will comply with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession of all risks; (8) Set forth the rates, terms, and purposes of commissions, charges, and other fees which the reinsurance intermediary manager may levy against the reinsurer; (9) If the contract permits the reinsurance intermediary manager to settle claims on behalf of the reinsurer: (A) All claims will be reported to the reinsurer in a timely manner; (B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the commissioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the reinsurance intermediary manager's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of the lesser of an amount set by the commissioner or an amount set by the reinsurer; (C) All claim files will be the joint property of the reinsurer and the reinsurance intermediary manager. However, upon an order of liquidation of the reinsurer the files shall become the sole property of the reinsurer or its estate. The reinsurance intermediary manager shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the reinsurance intermediary manager may be terminated for cause upon the reinsurer's written notice to the reinsurance intermediary manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination; (10) If the contract provides for a sharing of interim profits by the reinsurance intermediary manager, then the interim profits will not be paid until one (1) year after the end of each underwriting period for property business and five (5) years after the end of each underwriting period for casualty business, or a later period set by the commissioner for specified lines of insurance, and not until the adequacy of reserves on remaining claims has been verified pursuant to § 23-62-410(c) ; (11) The reinsurance intermediary manager will annually provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant; (12) The reinsurer shall periodically, at least semiannually, conduct an on-site review of the underwriting and claims processing operations of the reinsurance intermediary manager; (13) The reinsurance intermediary manager will disclose to the reinsurer any relationship it has with any insurer prior to ceding or assuming any business with the insurer pursuant to the contract; and (14) The acts of the reinsurance intermediary manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting.

(1) (A) The reinsurer may terminate the contract for cause upon written notice to the reinsurance intermediary manager. (B) The reinsurer may immediately suspend the authority of the reinsurance intermediary manager to assume or cede business during the pendency of any dispute regarding the cause for termination;

(A) The reinsurer may terminate the contract for cause upon written notice to the reinsurance intermediary manager.

(B) The reinsurer may immediately suspend the authority of the reinsurance intermediary manager to assume or cede business during the pendency of any dispute regarding the cause for termination;

(2) The reinsurance intermediary manager will render accounts to the reinsurer accurately detailing all material transactions, including information necessary to support all commissions, charges, and other fees received by or owing to the reinsurance intermediary manager, and remit all funds due under the contract to the reinsurer on not less than a monthly basis;

(3) (A) All funds collected for the reinsurer's account will be held by the reinsurance intermediary manager in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 . (B) The reinsurance intermediary manager may retain no more than three (3) months' estimated claims payments and allocated loss adjustment expenses. (C) The reinsurance intermediary manager shall maintain a separate bank account for each reinsurer that it represents;

(A) All funds collected for the reinsurer's account will be held by the reinsurance intermediary manager in a fiduciary capacity in a bank which is a qualified United States financial institution, as defined in § 23-62-403 .

(B) The reinsurance intermediary manager may retain no more than three (3) months' estimated claims payments and allocated loss adjustment expenses.

(C) The reinsurance intermediary manager shall maintain a separate bank account for each reinsurer that it represents;

(4) For at least ten (10) years after expiration of each contract of reinsurance transacted by the reinsurance intermediary manager, the reinsurance intermediary manager will keep a complete record for each transaction showing: (A) The type of contract, limits, underwriting restrictions, classes or risks, and territory; (B) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation, and disposition of outstanding reserves on covered risks; (C) The reporting and settlement requirements of balances; (D) The rate used to compute the reinsurance premium; (E) The names and addresses of reinsurers; (F) The rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary manager; (G) Related correspondence and memoranda; (H) Proof of placement; (I) Details regarding retrocessions handled by the reinsurance intermediary manager, as permitted by § 23-62-410(d) , including the identity of retrocessionaires and the percentage of each contract assumed or ceded; (J) Financial records, including, but not limited to, premium and loss accounts; and (K) When the reinsurance intermediary manager places a reinsurance contract on behalf of a ceding insurer: (i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative;

(A) The type of contract, limits, underwriting restrictions, classes or risks, and territory;

(B) The period of coverage, including effective and expiration dates, cancellation provisions and notice required of cancellation, and disposition of outstanding reserves on covered risks;

(C) The reporting and settlement requirements of balances;

(D) The rate used to compute the reinsurance premium;

(E) The names and addresses of reinsurers;

(F) The rates of all reinsurance commissions, including the commissions on any retrocessions handled by the reinsurance intermediary manager;

(G) Related correspondence and memoranda;

(H) Proof of placement;

(I) Details regarding retrocessions handled by the reinsurance intermediary manager, as permitted by § 23-62-410(d) , including the identity of retrocessionaires and the percentage of each contract assumed or ceded;

(J) Financial records, including, but not limited to, premium and loss accounts; and

(K) When the reinsurance intermediary manager places a reinsurance contract on behalf of a ceding insurer: (i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or (ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative;

(i) Directly from any assuming reinsurer, written evidence that the assuming reinsurer has agreed to assume the risk; or

(ii) If placed through a representative of the assuming reinsurer, other than an employee, written evidence that the reinsurer has delegated binding authority to the representative;

(5) The reinsurer will have access to and the right to copy all accounts and records maintained by the reinsurance intermediary manager related to its business in a form usable by the reinsurer;

(6) The contract cannot be assigned in whole or in part by the reinsurance intermediary manager;

(7) The reinsurance intermediary manager will comply with the written underwriting and rating standards established by the insurer for the acceptance, rejection, or cession of all risks;

(8) Set forth the rates, terms, and purposes of commissions, charges, and other fees which the reinsurance intermediary manager may levy against the reinsurer;

(9) If the contract permits the reinsurance intermediary manager to settle claims on behalf of the reinsurer: (A) All claims will be reported to the reinsurer in a timely manner; (B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the commissioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the reinsurance intermediary manager's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of the lesser of an amount set by the commissioner or an amount set by the reinsurer; (C) All claim files will be the joint property of the reinsurer and the reinsurance intermediary manager. However, upon an order of liquidation of the reinsurer the files shall become the sole property of the reinsurer or its estate. The reinsurance intermediary manager shall have reasonable access to and the right to copy the files on a timely basis; and (D) Any settlement authority granted to the reinsurance intermediary manager may be terminated for cause upon the reinsurer's written notice to the reinsurance intermediary manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination;

(A) All claims will be reported to the reinsurer in a timely manner;

(B) A copy of the claim file will be sent to the reinsurer at its request or as soon as it becomes known that the claim: (i) Has the potential to exceed the lesser of an amount determined by the commissioner or the limit set by the reinsurer; (ii) Involves a coverage dispute; (iii) May exceed the reinsurance intermediary manager's claims settlement authority; (iv) Is open for more than six (6) months; or (v) Is closed by payment of the lesser of an amount set by the commissioner or an amount set by the reinsurer;

(i) Has the potential to exceed the lesser of an amount determined by the commissioner or the limit set by the reinsurer;

(ii) Involves a coverage dispute;

(iii) May exceed the reinsurance intermediary manager's claims settlement authority;

(iv) Is open for more than six (6) months; or

(v) Is closed by payment of the lesser of an amount set by the commissioner or an amount set by the reinsurer;

(C) All claim files will be the joint property of the reinsurer and the reinsurance intermediary manager. However, upon an order of liquidation of the reinsurer the files shall become the sole property of the reinsurer or its estate. The reinsurance intermediary manager shall have reasonable access to and the right to copy the files on a timely basis; and

(D) Any settlement authority granted to the reinsurance intermediary manager may be terminated for cause upon the reinsurer's written notice to the reinsurance intermediary manager or upon the termination of the contract. The reinsurer may suspend the settlement authority during the pendency of the dispute regarding the cause of termination;

(10) If the contract provides for a sharing of interim profits by the reinsurance intermediary manager, then the interim profits will not be paid until one (1) year after the end of each underwriting period for property business and five (5) years after the end of each underwriting period for casualty business, or a later period set by the commissioner for specified lines of insurance, and not until the adequacy of reserves on remaining claims has been verified pursuant to § 23-62-410(c) ;

(11) The reinsurance intermediary manager will annually provide the reinsurer with a statement of its financial condition prepared by an independent certified accountant;

(12) The reinsurer shall periodically, at least semiannually, conduct an on-site review of the underwriting and claims processing operations of the reinsurance intermediary manager;

(13) The reinsurance intermediary manager will disclose to the reinsurer any relationship it has with any insurer prior to ceding or assuming any business with the insurer pursuant to the contract; and

(14) The acts of the reinsurance intermediary manager shall be deemed to be the acts of the reinsurer on whose behalf it is acting.

Acts 1993, No. 527, § 1.
Ark. Code Ann. § 23-11-315 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-315
Corporations formed to purchase or lease railroads - Stock issued in payment deemed fully paid shares
Status: in_force

(a) Subject to the provisions of Acts 1959, No. 30, corporations may be formed for the purpose of purchasing or leasing the whole or any part of any railroad, and that purpose or object shall be stated in the application and articles of incorporation. (b) All shares of stock issued in payment of the purchase shall be deemed to be fully paid shares. Acts 1881, No. 43, § 3, p. 79; C. & M. Dig., §§ 8527, 8528; Pope's Dig., §§ 11103, 11104; Acts 1959, No. 30, § 19; A.S.A. 1947, § 73-402.

(a) Subject to the provisions of Acts 1959, No. 30, corporations may be formed for the purpose of purchasing or leasing the whole or any part of any railroad, and that purpose or object shall be stated in the application and articles of incorporation.

(b) All shares of stock issued in payment of the purchase shall be deemed to be fully paid shares.

Acts 1881, No. 43, § 3, p. 79; C. & M. Dig., §§ 8527, 8528; Pope's Dig., §§ 11103, 11104; Acts 1959, No. 30, § 19; A.S.A. 1947, § 73-402.
Ark. Code Ann. § 23-69-140 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-140
Mutualization of stock insurers
Status: in_force

(a) A stock insurer other than a title insurer may become a mutual insurer under such plan and procedure as may be approved by the Insurance Commissioner after a hearing thereon. (b) The commissioner shall not approve any plan, procedure, or mutualization unless: (1) It is equitable to stockholders and policyholders; (2) It is subject to approval by the holders of not less than three-fourths (3/4) of the insurer's outstanding capital stock having voting rights and by not less than two-thirds (2/3) of the insurer's policyholders who vote on the plan in person, by proxy, or by mail pursuant to such notice and procedure as may be approved by the commissioner; (3) If a life insurer, the right to vote thereon is limited to holders of policies other than term or group policies and whose policies have been in force for more than one (1) year; (4) Mutualization will result in retirement of shares of the insurer's capital stock at a price not in excess of the fair market value thereof as determined by competent disinterested appraisers; (5) The plan provides for the purchase of the shares of any nonconsenting stockholder in the same manner and subject to the same applicable conditions as provided by § 23-69-148 as to rights of nonconsenting stockholders, with respect to consolidation or merger of insurance corporations; (6) The plan provides for definite conditions to be fulfilled by a designated early date upon which the mutualization will be deemed effective; and (7) The mutualization leaves the insurer with surplus funds reasonably adequate for the security of its policyholders and to enable it to continue successfully in business in the states in which it is then authorized to transact insurance and for the kinds of insurance included in its certificates of authority in the states. (c) This section shall not apply to mutualization under order of court pursuant to rehabilitation or reorganization of an insurer under § 23-68-101 et seq., or to formations of or conversions to domestic mutual holding companies under other provisions of this act. Further, with regard to proposed transactions of a domestic insurer which is a subsidiary or affiliate of a depository institution, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and the order shall be final upon entry, pursuant to federal law. Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period. Acts 1959, No. 148, § 495; A.S.A. 1947, § 66-4243; Acts 2001, No. 1604, § 59.

(a) A stock insurer other than a title insurer may become a mutual insurer under such plan and procedure as may be approved by the Insurance Commissioner after a hearing thereon.

(b) The commissioner shall not approve any plan, procedure, or mutualization unless: (1) It is equitable to stockholders and policyholders; (2) It is subject to approval by the holders of not less than three-fourths (3/4) of the insurer's outstanding capital stock having voting rights and by not less than two-thirds (2/3) of the insurer's policyholders who vote on the plan in person, by proxy, or by mail pursuant to such notice and procedure as may be approved by the commissioner; (3) If a life insurer, the right to vote thereon is limited to holders of policies other than term or group policies and whose policies have been in force for more than one (1) year; (4) Mutualization will result in retirement of shares of the insurer's capital stock at a price not in excess of the fair market value thereof as determined by competent disinterested appraisers; (5) The plan provides for the purchase of the shares of any nonconsenting stockholder in the same manner and subject to the same applicable conditions as provided by § 23-69-148 as to rights of nonconsenting stockholders, with respect to consolidation or merger of insurance corporations; (6) The plan provides for definite conditions to be fulfilled by a designated early date upon which the mutualization will be deemed effective; and (7) The mutualization leaves the insurer with surplus funds reasonably adequate for the security of its policyholders and to enable it to continue successfully in business in the states in which it is then authorized to transact insurance and for the kinds of insurance included in its certificates of authority in the states.

(1) It is equitable to stockholders and policyholders;

(2) It is subject to approval by the holders of not less than three-fourths (3/4) of the insurer's outstanding capital stock having voting rights and by not less than two-thirds (2/3) of the insurer's policyholders who vote on the plan in person, by proxy, or by mail pursuant to such notice and procedure as may be approved by the commissioner;

(3) If a life insurer, the right to vote thereon is limited to holders of policies other than term or group policies and whose policies have been in force for more than one (1) year;

(4) Mutualization will result in retirement of shares of the insurer's capital stock at a price not in excess of the fair market value thereof as determined by competent disinterested appraisers;

(5) The plan provides for the purchase of the shares of any nonconsenting stockholder in the same manner and subject to the same applicable conditions as provided by § 23-69-148 as to rights of nonconsenting stockholders, with respect to consolidation or merger of insurance corporations;

(6) The plan provides for definite conditions to be fulfilled by a designated early date upon which the mutualization will be deemed effective; and

(7) The mutualization leaves the insurer with surplus funds reasonably adequate for the security of its policyholders and to enable it to continue successfully in business in the states in which it is then authorized to transact insurance and for the kinds of insurance included in its certificates of authority in the states.

(c) This section shall not apply to mutualization under order of court pursuant to rehabilitation or reorganization of an insurer under § 23-68-101 et seq., or to formations of or conversions to domestic mutual holding companies under other provisions of this act. Further, with regard to proposed transactions of a domestic insurer which is a subsidiary or affiliate of a depository institution, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and the order shall be final upon entry, pursuant to federal law. Further, any restoration of capital or surplus or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period.

Acts 1959, No. 148, § 495; A.S.A. 1947, § 66-4243; Acts 2001, No. 1604, § 59.
Ark. Code Ann. § 23-63-1805 — AR Code / Title 23 / Chapter 63 / Subchapter 18 / Section 23-63-1805
Penalties
Status: in_force

The failure to comply with any provision of this subchapter shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by the fines and penalties established under §§ 23-60-108 , 23-66-210 , and 23-66-215 . Acts 2005, No. 422, § 1.

The failure to comply with any provision of this subchapter shall be deemed an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., and may be punished by the fines and penalties established under §§ 23-60-108 , 23-66-210 , and 23-66-215 .

Acts 2005, No. 422, § 1.
Ark. Code Ann. § 23-13-222 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-222
Permits for contract carriers - Requirement
Status: in_force

No person shall engage in the business of a contract carrier by motor vehicles over any public highways in this state unless there is in force with respect to the carrier a permit issued by the Arkansas Department of Transportation authorizing such persons to engage in such business. Amended by Act 2017, No. 707,§ 198, eff. 8/1/2017. Acts 1955, No. 397, § 11; A.S.A. 1947, § 73-1764.

No person shall engage in the business of a contract carrier by motor vehicles over any public highways in this state unless there is in force with respect to the carrier a permit issued by the Arkansas Department of Transportation authorizing such persons to engage in such business.

Amended by Act 2017, No. 707,§ 198, eff. 8/1/2017.

Acts 1955, No. 397, § 11; A.S.A. 1947, § 73-1764.
Ark. Code Ann. § 23-69-322 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-322
Promulgation of rules
Status: in_force

The Insurance Commissioner may adopt and promulgate rules and issue orders to carry out this subchapter. Amended by Act 2019, No. 315,§ 2692, eff. 7/24/2019. Acts 2001, No. 1726, § 1.

The Insurance Commissioner may adopt and promulgate rules and issue orders to carry out this subchapter.

Amended by Act 2019, No. 315,§ 2692, eff. 7/24/2019.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-64-219 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-219
Appointment of agent - Continuation or termination of appointment
Status: in_force

(a) (1) (A) Each insurer appointing an agent in this state shall file with the Insurance Commissioner the initial agent appointment and pay the fee. (B) The appointment means the notification filed with the commissioner that an insurer has established an agency relationship with a producer. (2) The appointing insurer's appointment of an agent shall be an indication to the commissioner that the insurer has reviewed the agent's background and fitness to be an agent. (b) Each appointment shall remain in effect until the agent's license is revoked or otherwise terminated unless written notice of earlier termination of the appointment is filed with the commissioner by the insurer or agent. (c) (1) Biennially, prior to June 1 of each even-numbered year, each insurer maintaining a certificate of authority to transact life and accident and health insurance and, prior to June 1 of each odd-numbered year, all other insurers maintaining a certificate of authority to transact insurance in this state shall file with the commissioner an alphabetical list of the names and addresses of all its agents whose appointments in this state are to remain in effect, accompanied by payment of the biennial continuation of appointment fee as provided in § 23-61-401 . At the same time, the insurer shall also file with the commissioner an alphabetical list of the names and addresses of all its agents whose appointments in this state are not to remain in effect, accompanied by any documentation the commissioner shall require. (2) The procedures for renewal and termination of appointments under this subsection shall terminate on December 31, 2003. (d) Beginning January 1, 2004, the following annual procedures apply for appointment terminations and renewals only: (1) (A) No later than June 1, 2004, and no later than June 1 annually thereafter, while maintaining a certificate of authority to transact insurance in the state, the insurance company shall terminate any appointments the company does not desire to continue by use of written or electronic notice to the commissioner on forms prescribed by the commissioner. (B) The terminations shall be transmitted after the insurer reviews its own agent or agency appointments via the State Insurance Department website, the National Association of Insurance Commissioners' producer database, or a list requested of the department's Information Systems Division; (2) (A) After June 1, 2004, and after June 1 annually thereafter, the department shall issue a written or electronic payment invoice to the insurer, based on all agent appointments the insurer chose to renew and keep active after June 1, 2004, and annually thereafter, in the procedures set out in subdivision (d)(1) of this section. (B) The invoice under this section may not be altered, amended, or used for appointing or terminating producers; (3) (A) The insurer shall return monetary payment for the department invoices to the commissioner no later than thirty (30) days after the department issues the invoice unless, at the request of the appointing insurer, the commissioner grants an extension for good cause in writing. (B) An insurer's failure to remit timely invoice payments in the correct amount may be penalized by the commissioner with a monetary penalty in an amount not to exceed double the appointment fee; and (4) (A) If the insurer disagrees with the annual invoice amount for the renewed agent appointments, it shall timely remit the invoice amount to the department but may mail or electronically mail under separate cover adequate documentation to substantiate its proposed invoice for the department's review. (B) If the insurer underpaid, it shall promptly remit the monetary balance due the department. (C) If the insurer overpaid, it shall so state in a written filing to the commissioner. (D) If the department determines that the insurer is correct as to the overpayment amount, the department shall process a refund of the excess fees to the prevailing insurer. (E) However, if the department determines the insurer is not correct, then the department may issue a written notice to the insurer. (e) The insurer shall give notice, in any written or electronic method prescribed by the commissioner, of nonrenewal or termination of agent or producer appointments to the commissioner and to the producer and shall retain the notices or electronic transmittals as part of the insurer's records for compliance under this section and under § 23-64-515 . Amended by Act 2019, No. 521,§ 17, eff. 7/24/2019. Acts 1959, No. 148, § 160; 1973, No. 66, § 4; 1983, No. 522, § 20; A.S.A. 1947, § 66-2817; Acts 1987, No. 622, § 9; 1991, No. 487, § 1; 1993, No. 901, § 28; 1997, No. 1004, § 1; 2001, No. 1603, §§ 16, 17; 2003, No. 1203, § 6.

(a) (1) (A) Each insurer appointing an agent in this state shall file with the Insurance Commissioner the initial agent appointment and pay the fee. (B) The appointment means the notification filed with the commissioner that an insurer has established an agency relationship with a producer. (2) The appointing insurer's appointment of an agent shall be an indication to the commissioner that the insurer has reviewed the agent's background and fitness to be an agent.

(1) (A) Each insurer appointing an agent in this state shall file with the Insurance Commissioner the initial agent appointment and pay the fee. (B) The appointment means the notification filed with the commissioner that an insurer has established an agency relationship with a producer.

(A) Each insurer appointing an agent in this state shall file with the Insurance Commissioner the initial agent appointment and pay the fee.

(B) The appointment means the notification filed with the commissioner that an insurer has established an agency relationship with a producer.

(2) The appointing insurer's appointment of an agent shall be an indication to the commissioner that the insurer has reviewed the agent's background and fitness to be an agent.

(b) Each appointment shall remain in effect until the agent's license is revoked or otherwise terminated unless written notice of earlier termination of the appointment is filed with the commissioner by the insurer or agent.

(c) (1) Biennially, prior to June 1 of each even-numbered year, each insurer maintaining a certificate of authority to transact life and accident and health insurance and, prior to June 1 of each odd-numbered year, all other insurers maintaining a certificate of authority to transact insurance in this state shall file with the commissioner an alphabetical list of the names and addresses of all its agents whose appointments in this state are to remain in effect, accompanied by payment of the biennial continuation of appointment fee as provided in § 23-61-401 . At the same time, the insurer shall also file with the commissioner an alphabetical list of the names and addresses of all its agents whose appointments in this state are not to remain in effect, accompanied by any documentation the commissioner shall require. (2) The procedures for renewal and termination of appointments under this subsection shall terminate on December 31, 2003.

(1) Biennially, prior to June 1 of each even-numbered year, each insurer maintaining a certificate of authority to transact life and accident and health insurance and, prior to June 1 of each odd-numbered year, all other insurers maintaining a certificate of authority to transact insurance in this state shall file with the commissioner an alphabetical list of the names and addresses of all its agents whose appointments in this state are to remain in effect, accompanied by payment of the biennial continuation of appointment fee as provided in § 23-61-401 . At the same time, the insurer shall also file with the commissioner an alphabetical list of the names and addresses of all its agents whose appointments in this state are not to remain in effect, accompanied by any documentation the commissioner shall require.

(2) The procedures for renewal and termination of appointments under this subsection shall terminate on December 31, 2003.

(d) Beginning January 1, 2004, the following annual procedures apply for appointment terminations and renewals only: (1) (A) No later than June 1, 2004, and no later than June 1 annually thereafter, while maintaining a certificate of authority to transact insurance in the state, the insurance company shall terminate any appointments the company does not desire to continue by use of written or electronic notice to the commissioner on forms prescribed by the commissioner. (B) The terminations shall be transmitted after the insurer reviews its own agent or agency appointments via the State Insurance Department website, the National Association of Insurance Commissioners' producer database, or a list requested of the department's Information Systems Division; (2) (A) After June 1, 2004, and after June 1 annually thereafter, the department shall issue a written or electronic payment invoice to the insurer, based on all agent appointments the insurer chose to renew and keep active after June 1, 2004, and annually thereafter, in the procedures set out in subdivision (d)(1) of this section. (B) The invoice under this section may not be altered, amended, or used for appointing or terminating producers; (3) (A) The insurer shall return monetary payment for the department invoices to the commissioner no later than thirty (30) days after the department issues the invoice unless, at the request of the appointing insurer, the commissioner grants an extension for good cause in writing. (B) An insurer's failure to remit timely invoice payments in the correct amount may be penalized by the commissioner with a monetary penalty in an amount not to exceed double the appointment fee; and (4) (A) If the insurer disagrees with the annual invoice amount for the renewed agent appointments, it shall timely remit the invoice amount to the department but may mail or electronically mail under separate cover adequate documentation to substantiate its proposed invoice for the department's review. (B) If the insurer underpaid, it shall promptly remit the monetary balance due the department. (C) If the insurer overpaid, it shall so state in a written filing to the commissioner. (D) If the department determines that the insurer is correct as to the overpayment amount, the department shall process a refund of the excess fees to the prevailing insurer. (E) However, if the department determines the insurer is not correct, then the department may issue a written notice to the insurer.

(1) (A) No later than June 1, 2004, and no later than June 1 annually thereafter, while maintaining a certificate of authority to transact insurance in the state, the insurance company shall terminate any appointments the company does not desire to continue by use of written or electronic notice to the commissioner on forms prescribed by the commissioner. (B) The terminations shall be transmitted after the insurer reviews its own agent or agency appointments via the State Insurance Department website, the National Association of Insurance Commissioners' producer database, or a list requested of the department's Information Systems Division;

(A) No later than June 1, 2004, and no later than June 1 annually thereafter, while maintaining a certificate of authority to transact insurance in the state, the insurance company shall terminate any appointments the company does not desire to continue by use of written or electronic notice to the commissioner on forms prescribed by the commissioner.

(B) The terminations shall be transmitted after the insurer reviews its own agent or agency appointments via the State Insurance Department website, the National Association of Insurance Commissioners' producer database, or a list requested of the department's Information Systems Division;

(2) (A) After June 1, 2004, and after June 1 annually thereafter, the department shall issue a written or electronic payment invoice to the insurer, based on all agent appointments the insurer chose to renew and keep active after June 1, 2004, and annually thereafter, in the procedures set out in subdivision (d)(1) of this section. (B) The invoice under this section may not be altered, amended, or used for appointing or terminating producers;

(A) After June 1, 2004, and after June 1 annually thereafter, the department shall issue a written or electronic payment invoice to the insurer, based on all agent appointments the insurer chose to renew and keep active after June 1, 2004, and annually thereafter, in the procedures set out in subdivision (d)(1) of this section.

(B) The invoice under this section may not be altered, amended, or used for appointing or terminating producers;

(3) (A) The insurer shall return monetary payment for the department invoices to the commissioner no later than thirty (30) days after the department issues the invoice unless, at the request of the appointing insurer, the commissioner grants an extension for good cause in writing. (B) An insurer's failure to remit timely invoice payments in the correct amount may be penalized by the commissioner with a monetary penalty in an amount not to exceed double the appointment fee; and

(A) The insurer shall return monetary payment for the department invoices to the commissioner no later than thirty (30) days after the department issues the invoice unless, at the request of the appointing insurer, the commissioner grants an extension for good cause in writing.

(B) An insurer's failure to remit timely invoice payments in the correct amount may be penalized by the commissioner with a monetary penalty in an amount not to exceed double the appointment fee; and

(4) (A) If the insurer disagrees with the annual invoice amount for the renewed agent appointments, it shall timely remit the invoice amount to the department but may mail or electronically mail under separate cover adequate documentation to substantiate its proposed invoice for the department's review. (B) If the insurer underpaid, it shall promptly remit the monetary balance due the department. (C) If the insurer overpaid, it shall so state in a written filing to the commissioner. (D) If the department determines that the insurer is correct as to the overpayment amount, the department shall process a refund of the excess fees to the prevailing insurer. (E) However, if the department determines the insurer is not correct, then the department may issue a written notice to the insurer.

(A) If the insurer disagrees with the annual invoice amount for the renewed agent appointments, it shall timely remit the invoice amount to the department but may mail or electronically mail under separate cover adequate documentation to substantiate its proposed invoice for the department's review.

(B) If the insurer underpaid, it shall promptly remit the monetary balance due the department.

(C) If the insurer overpaid, it shall so state in a written filing to the commissioner.

(D) If the department determines that the insurer is correct as to the overpayment amount, the department shall process a refund of the excess fees to the prevailing insurer.

(E) However, if the department determines the insurer is not correct, then the department may issue a written notice to the insurer.

(e) The insurer shall give notice, in any written or electronic method prescribed by the commissioner, of nonrenewal or termination of agent or producer appointments to the commissioner and to the producer and shall retain the notices or electronic transmittals as part of the insurer's records for compliance under this section and under § 23-64-515 .

Amended by Act 2019, No. 521,§ 17, eff. 7/24/2019.

Acts 1959, No. 148, § 160; 1973, No. 66, § 4; 1983, No. 522, § 20; A.S.A. 1947, § 66-2817; Acts 1987, No. 622, § 9; 1991, No. 487, § 1; 1993, No. 901, § 28; 1997, No. 1004, § 1; 2001, No. 1603, §§ 16, 17; 2003, No. 1203, § 6.
Ark. Code Ann. § 23-89-518 — AR Code / Title 23 / Chapter 89 / Subchapter 5 / Section 23-89-518
Amusement Ride Safety Advisory Board - Creation - Duties
Status: in_force

(a) (1) There is created an Amusement Ride Safety Advisory Board. (2) (A) The board shall be appointed by the Governor. (B) The Director of the Division of Labor or his or her designee shall be ex officio chair. (C) The board shall consist of five (5) additional members: (i) One (1) member of the board shall be the Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (ii) One (1) member of the board shall represent owners or operators of amusement rides that are portable in nature; (iii) One (1) member of the board shall represent owners or operators of permanently placed amusement rides; (iv) One (1) member of the board shall represent fair managers in Arkansas; and (v) One (1) member of the board shall represent the general public. (3) (A) Except for the director and the secretary, the terms of office of the members shall be for four (4) years or until a successor is appointed. (B) No member of the board shall be appointed to serve more than two (2) consecutive full terms. (C) At the time of appointment or reappointment, the Governor shall adjust the length of terms to ensure that the terms of board members are staggered so that, insofar as is possible, an equal number of members shall rotate each year. (b) The duties of the board shall be: (1) To assist the director with the formulation of rules regarding the safe operation of amusement rides; and (2) To give the Division of Labor such counsel and advice as will aid it in the proper enforcement and administration of the provisions of this subchapter. (c) Except for the ex officio chair and the secretary, the members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2019, No. 315,§ 2767, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5524, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5523, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5522, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5521, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5520, eff. 7/1/2019. Acts 2001, No. 1365, § 14; 2003, No. 600, § 1.

(a) (1) There is created an Amusement Ride Safety Advisory Board. (2) (A) The board shall be appointed by the Governor. (B) The Director of the Division of Labor or his or her designee shall be ex officio chair. (C) The board shall consist of five (5) additional members: (i) One (1) member of the board shall be the Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (ii) One (1) member of the board shall represent owners or operators of amusement rides that are portable in nature; (iii) One (1) member of the board shall represent owners or operators of permanently placed amusement rides; (iv) One (1) member of the board shall represent fair managers in Arkansas; and (v) One (1) member of the board shall represent the general public. (3) (A) Except for the director and the secretary, the terms of office of the members shall be for four (4) years or until a successor is appointed. (B) No member of the board shall be appointed to serve more than two (2) consecutive full terms. (C) At the time of appointment or reappointment, the Governor shall adjust the length of terms to ensure that the terms of board members are staggered so that, insofar as is possible, an equal number of members shall rotate each year.

(1) There is created an Amusement Ride Safety Advisory Board.

(2) (A) The board shall be appointed by the Governor. (B) The Director of the Division of Labor or his or her designee shall be ex officio chair. (C) The board shall consist of five (5) additional members: (i) One (1) member of the board shall be the Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (ii) One (1) member of the board shall represent owners or operators of amusement rides that are portable in nature; (iii) One (1) member of the board shall represent owners or operators of permanently placed amusement rides; (iv) One (1) member of the board shall represent fair managers in Arkansas; and (v) One (1) member of the board shall represent the general public.

(A) The board shall be appointed by the Governor.

(B) The Director of the Division of Labor or his or her designee shall be ex officio chair.

(C) The board shall consist of five (5) additional members: (i) One (1) member of the board shall be the Secretary of the Department of Parks, Heritage, and Tourism or his or her designee; (ii) One (1) member of the board shall represent owners or operators of amusement rides that are portable in nature; (iii) One (1) member of the board shall represent owners or operators of permanently placed amusement rides; (iv) One (1) member of the board shall represent fair managers in Arkansas; and (v) One (1) member of the board shall represent the general public.

(i) One (1) member of the board shall be the Secretary of the Department of Parks, Heritage, and Tourism or his or her designee;

(ii) One (1) member of the board shall represent owners or operators of amusement rides that are portable in nature;

(iii) One (1) member of the board shall represent owners or operators of permanently placed amusement rides;

(iv) One (1) member of the board shall represent fair managers in Arkansas; and

(v) One (1) member of the board shall represent the general public.

(3) (A) Except for the director and the secretary, the terms of office of the members shall be for four (4) years or until a successor is appointed. (B) No member of the board shall be appointed to serve more than two (2) consecutive full terms. (C) At the time of appointment or reappointment, the Governor shall adjust the length of terms to ensure that the terms of board members are staggered so that, insofar as is possible, an equal number of members shall rotate each year.

(A) Except for the director and the secretary, the terms of office of the members shall be for four (4) years or until a successor is appointed.

(B) No member of the board shall be appointed to serve more than two (2) consecutive full terms.

(C) At the time of appointment or reappointment, the Governor shall adjust the length of terms to ensure that the terms of board members are staggered so that, insofar as is possible, an equal number of members shall rotate each year.

(b) The duties of the board shall be: (1) To assist the director with the formulation of rules regarding the safe operation of amusement rides; and (2) To give the Division of Labor such counsel and advice as will aid it in the proper enforcement and administration of the provisions of this subchapter.

(1) To assist the director with the formulation of rules regarding the safe operation of amusement rides; and

(2) To give the Division of Labor such counsel and advice as will aid it in the proper enforcement and administration of the provisions of this subchapter.

(c) Except for the ex officio chair and the secretary, the members of the board may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2019, No. 315,§ 2767, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5524, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5523, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5522, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5521, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5520, eff. 7/1/2019.

Acts 2001, No. 1365, § 14; 2003, No. 600, § 1.
Ark. Code Ann. § 23-13-260 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-260
Violations of subchapter - Jurisdiction of cases
Status: in_force

The several circuit, justice of the peace, and district courts of this state shall have jurisdiction in cases involving alleged violations of this subchapter. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.

The several circuit, justice of the peace, and district courts of this state shall have jurisdiction in cases involving alleged violations of this subchapter.

Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
Ark. Code Ann. § 23-114-602 — AR Code / Title 23 / Chapter 114 / Subchapter 6 / Section 23-114-602
Payment and reporting of tax
Status: in_force

(a) The excise tax levied under this subchapter is due and payable by distributors that sold bingo faces to licensed authorized organizations in this state. The tax shall be reported and paid to the Department of Finance and Administration monthly on or before the fifteenth day of the month following the month of sale. (b) The report shall be filed under oath on forms prescribed by the Secretary of the Department of Finance and Administration. (c) The secretary shall adopt any rules necessary for the proper reporting and payment of the tax. Amended by Act 2019, No. 910,§ 3529, eff. 7/1/2019. Acts 2007, No. 388, § 1; 2009, No. 499, § 10.

(a) The excise tax levied under this subchapter is due and payable by distributors that sold bingo faces to licensed authorized organizations in this state. The tax shall be reported and paid to the Department of Finance and Administration monthly on or before the fifteenth day of the month following the month of sale.

(b) The report shall be filed under oath on forms prescribed by the Secretary of the Department of Finance and Administration.

(c) The secretary shall adopt any rules necessary for the proper reporting and payment of the tax.

Amended by Act 2019, No. 910,§ 3529, eff. 7/1/2019.

Acts 2007, No. 388, § 1; 2009, No. 499, § 10.
Ark. Code Ann. § 23-94-207 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-207
Purchasing groups - Exemption from certain laws
Status: in_force

A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would: (1) Prohibit the establishment of a purchasing group; (2) Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters; (3) Prohibit a purchasing group or its members from purchasing insurance on a group basis described in subdivision (2) of this section; (4) Prohibit a purchasing group from obtaining insurance on a group basis because the purchasing group has not been in existence for a minimum period of time or because any member has not belonged to the purchasing group for a minimum period of time; (5) Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form; (6) Require that a certain percentage of a purchasing group must obtain insurance on a group basis; (7) Otherwise discriminate against a purchasing group or any of its members; or (8) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this state. Acts 1995, No. 623, § 1.

A purchasing group and its insurer or insurers shall be subject to all applicable laws of this state, except that a purchasing group and its insurer or insurers shall be exempt, in regard to liability insurance for the purchasing group, from any law that would:

(1) Prohibit the establishment of a purchasing group;

(2) Make it unlawful for an insurer to provide or offer to provide insurance on a basis providing, to a purchasing group or its members, advantages based on their loss and expense experience not afforded to other persons with respect to rates, policy forms, coverages, or other matters;

(3) Prohibit a purchasing group or its members from purchasing insurance on a group basis described in subdivision (2) of this section;

(4) Prohibit a purchasing group from obtaining insurance on a group basis because the purchasing group has not been in existence for a minimum period of time or because any member has not belonged to the purchasing group for a minimum period of time;

(5) Require that a purchasing group must have a minimum number of members, common ownership or affiliation, or certain legal form;

(6) Require that a certain percentage of a purchasing group must obtain insurance on a group basis;

(7) Otherwise discriminate against a purchasing group or any of its members; or

(8) Require that any insurance policy issued to a purchasing group or any of its members be countersigned by an insurance agent or broker residing in this state.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-78-113 — AR Code / Title 23 / Chapter 78 / Section 23-78-113
Agent's license required
Status: in_force

(a) Before an agent or representative represents a burial association in this state, the agent or representative shall first apply to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a license. (b) (1) The board shall have full power and authority to issue the license upon proof satisfactory to the board that the person is capable of soliciting burial association memberships and is of good moral character and recommended by the association in behalf of which the membership solicitations are to be made. (2) The board may reject the application of any person who does not meet the requirements herein set out. (c) The board may revoke the license upon proof satisfactory to it that the licensed agent has violated any section of this chapter. (d) The license fee shall be ten dollars ($10.00), and the license must be renewed for each calendar year at the same fee. (e) It shall not be necessary that the president, vice president, or the secretary-treasurer of any burial association obtain a license for soliciting memberships in any association of which the person is president, vice president, or secretary-treasurer. (f) Membership certificates shall not be issued by a solicitor in the field, but all applications shall be forwarded to the office of the association, and the certificates shall be issued there and a record made of the issuance at the time the certificate is issued. Amended by Act 2017, No. 788,§ 77, eff. 7/1/2018. Acts 1953, No. 91, § 13; 1981, No. 494, § 1; A.S.A. 1947, § 66-1813.

(a) Before an agent or representative represents a burial association in this state, the agent or representative shall first apply to the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services for a license.

(b) (1) The board shall have full power and authority to issue the license upon proof satisfactory to the board that the person is capable of soliciting burial association memberships and is of good moral character and recommended by the association in behalf of which the membership solicitations are to be made. (2) The board may reject the application of any person who does not meet the requirements herein set out.

(1) The board shall have full power and authority to issue the license upon proof satisfactory to the board that the person is capable of soliciting burial association memberships and is of good moral character and recommended by the association in behalf of which the membership solicitations are to be made.

(2) The board may reject the application of any person who does not meet the requirements herein set out.

(c) The board may revoke the license upon proof satisfactory to it that the licensed agent has violated any section of this chapter.

(d) The license fee shall be ten dollars ($10.00), and the license must be renewed for each calendar year at the same fee.

(e) It shall not be necessary that the president, vice president, or the secretary-treasurer of any burial association obtain a license for soliciting memberships in any association of which the person is president, vice president, or secretary-treasurer.

(f) Membership certificates shall not be issued by a solicitor in the field, but all applications shall be forwarded to the office of the association, and the certificates shall be issued there and a record made of the issuance at the time the certificate is issued.

Amended by Act 2017, No. 788,§ 77, eff. 7/1/2018.

Acts 1953, No. 91, § 13; 1981, No. 494, § 1; A.S.A. 1947, § 66-1813.
Ark. Code Ann. § 23-69-103 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-103
Inapplicability of general corporation statutes
Status: in_force

The statutes of this state relating to the powers and procedures of corporations other than insurance corporations shall not apply to domestic stock insurers and domestic mutual insurers, except as stated in § 23-69-128 . Acts 1959, No. 148, § 456; A.S.A. 1947, § 66-4204.

The statutes of this state relating to the powers and procedures of corporations other than insurance corporations shall not apply to domestic stock insurers and domestic mutual insurers, except as stated in § 23-69-128 .

Acts 1959, No. 148, § 456; A.S.A. 1947, § 66-4204.
Ark. Code Ann. § 23-39-405 — AR Code / Title 23 / Chapter 39 / Subchapter 4 / Section 23-39-405
Remedies and penalties
Status: in_force

(a) (1) A violation of any of the provisions of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her for the enforcement of this subchapter. (3) In any action brought by the Attorney General pursuant to this subsection, the Attorney General may also recover on behalf of borrowers the amounts specified under subsection (b) of this section. (b) (1) A borrower may bring an action against the loan broker, its principals, employees, or agents, and against the surety bond, or trust account, if any, of the loan broker as a result of a violation of this subchapter. (2) The action shall be brought in the county in which the solicitation was made, and the court shall award: (A) An amount of three (3) times the amount paid by the borrower for the loan services or one thousand dollars ($1,000), whichever is greater; (B) Incidental and consequential damages; and (C) Costs and reasonable attorney's fees. (c) A permanent injunction, judgment, or order of the court obtained by the Attorney General pursuant to this section shall be prima facie evidence in an action brought under this section that the defendant used or employed a method, act, or practice declared unlawful by this subchapter. (d) A person bringing an action under this section shall bring the action within one (1) year after any action brought by the Attorney General has been terminated or two (2) years after the violation occurred, whichever is later. (e) (1) Any person who knowingly commits a practice defined as unlawful by this subchapter shall be guilty of a Class D felony and, upon conviction in the circuit court of any county in this state in which any portion of the unlawful practice occurred, shall be subject to punishment accordingly. (2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly authorizes, orders, or performs an act in violation of this subchapter without regard to penalties imposed on the corporation. Acts 1993, No. 140, § 4; 1995, No. 598, § 2.

(a) (1) A violation of any of the provisions of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq. (2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her for the enforcement of this subchapter. (3) In any action brought by the Attorney General pursuant to this subsection, the Attorney General may also recover on behalf of borrowers the amounts specified under subsection (b) of this section.

(1) A violation of any of the provisions of this subchapter shall constitute an unfair or deceptive act or practice as defined by the Deceptive Trade Practices Act, § 4-88-101 et seq.

(2) All remedies, penalties, and authority granted to the Attorney General under the Deceptive Trade Practices Act, § 4-88-101 et seq., shall be available to him or her for the enforcement of this subchapter.

(3) In any action brought by the Attorney General pursuant to this subsection, the Attorney General may also recover on behalf of borrowers the amounts specified under subsection (b) of this section.

(b) (1) A borrower may bring an action against the loan broker, its principals, employees, or agents, and against the surety bond, or trust account, if any, of the loan broker as a result of a violation of this subchapter. (2) The action shall be brought in the county in which the solicitation was made, and the court shall award: (A) An amount of three (3) times the amount paid by the borrower for the loan services or one thousand dollars ($1,000), whichever is greater; (B) Incidental and consequential damages; and (C) Costs and reasonable attorney's fees.

(1) A borrower may bring an action against the loan broker, its principals, employees, or agents, and against the surety bond, or trust account, if any, of the loan broker as a result of a violation of this subchapter.

(2) The action shall be brought in the county in which the solicitation was made, and the court shall award: (A) An amount of three (3) times the amount paid by the borrower for the loan services or one thousand dollars ($1,000), whichever is greater; (B) Incidental and consequential damages; and (C) Costs and reasonable attorney's fees.

(A) An amount of three (3) times the amount paid by the borrower for the loan services or one thousand dollars ($1,000), whichever is greater;

(B) Incidental and consequential damages; and

(C) Costs and reasonable attorney's fees.

(c) A permanent injunction, judgment, or order of the court obtained by the Attorney General pursuant to this section shall be prima facie evidence in an action brought under this section that the defendant used or employed a method, act, or practice declared unlawful by this subchapter.

(d) A person bringing an action under this section shall bring the action within one (1) year after any action brought by the Attorney General has been terminated or two (2) years after the violation occurred, whichever is later.

(e) (1) Any person who knowingly commits a practice defined as unlawful by this subchapter shall be guilty of a Class D felony and, upon conviction in the circuit court of any county in this state in which any portion of the unlawful practice occurred, shall be subject to punishment accordingly. (2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly authorizes, orders, or performs an act in violation of this subchapter without regard to penalties imposed on the corporation.

(1) Any person who knowingly commits a practice defined as unlawful by this subchapter shall be guilty of a Class D felony and, upon conviction in the circuit court of any county in this state in which any portion of the unlawful practice occurred, shall be subject to punishment accordingly.

(2) If the person is a corporation, the penalties of this subsection also apply to a director, officer, or individual agent of a corporation who knowingly authorizes, orders, or performs an act in violation of this subchapter without regard to penalties imposed on the corporation.

Acts 1993, No. 140, § 4; 1995, No. 598, § 2.
Ark. Code Ann. § 23-111-512 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-512
Commission's access to meets, books, records, etc
Status: in_force

(a) The Arkansas Racing Commission shall at all times have access to any portion of the space or enclosure where a race meeting is held, including the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised at any racing meet, for the purpose of ascertaining whether or not the franchise holder is retaining only the commission provided in this chapter. (b) The commission shall have full and free access to the books, records, machines, and papers pertaining to the pari-mutuel or certificate method of wagering, and admission tickets. (c) The commission may also at any time investigate and ascertain whether or not any of the provisions of this chapter or the rules of the commission are being violated at the race track or enclosure. Amended by Act 2019, No. 315,§ 2823, eff. 7/24/2019. Acts 1957, No. 191, § 23; A.S.A. 1947, § 84-2838.

(a) The Arkansas Racing Commission shall at all times have access to any portion of the space or enclosure where a race meeting is held, including the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised at any racing meet, for the purpose of ascertaining whether or not the franchise holder is retaining only the commission provided in this chapter.

(b) The commission shall have full and free access to the books, records, machines, and papers pertaining to the pari-mutuel or certificate method of wagering, and admission tickets.

(c) The commission may also at any time investigate and ascertain whether or not any of the provisions of this chapter or the rules of the commission are being violated at the race track or enclosure.

Amended by Act 2019, No. 315,§ 2823, eff. 7/24/2019.

Acts 1957, No. 191, § 23; A.S.A. 1947, § 84-2838.
Ark. Code Ann. § 23-12-908 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-908
Killing or injuring livestock - Notice - Damages recoverable on failure to advertise
Status: in_force

(a) (1) Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to the killing or wounding to post within one (1) week thereafter, and to keep posted for twenty (20) days thereafter, at the nearest station house and nearest depot house, a true and correct description of the stock which was killed or wounded, giving a true and correct description of the color, marks, brands, and other natural descriptions which may assist in identifying the stock and in giving the time when and place where killed or wounded. (2) On the failure to advertise any stock so killed or wounded as provided in subdivision (a)(1) of this section, the owner shall recover double damages for all stock killed and not advertised. (b) (1) The railroad shall pay the owner of the stock within thirty (30) days after notice is served on the railroad by the owner. Failure to do so shall entitle the owner to double the amount of damages awarded him or her by any jury trying the cause, and a reasonable attorney's fee. (2) If the owner of the stock killed or wounded brings suit against the railroad after the thirty (30) days have expired and the jury trying the cause gives the owner a lesser amount of damage than he or she sues for, then the owner shall recover only the amount given him or her by the jury and shall not be entitled to recover any attorney's fees. Acts 1961 (1st Ex. Sess.), No. 61, § 6; A.S.A. 1947, § 73-1005.

(a) (1) Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to the killing or wounding to post within one (1) week thereafter, and to keep posted for twenty (20) days thereafter, at the nearest station house and nearest depot house, a true and correct description of the stock which was killed or wounded, giving a true and correct description of the color, marks, brands, and other natural descriptions which may assist in identifying the stock and in giving the time when and place where killed or wounded. (2) On the failure to advertise any stock so killed or wounded as provided in subdivision (a)(1) of this section, the owner shall recover double damages for all stock killed and not advertised.

(1) Whenever any stock, such as horses, cows, hogs, sheep, etc., are killed, wounded, or injured by railroad trains running in this state, then the conductor or engineer on the train doing the damage shall cause the station master or overseer at the nearest station house to the killing or wounding to post within one (1) week thereafter, and to keep posted for twenty (20) days thereafter, at the nearest station house and nearest depot house, a true and correct description of the stock which was killed or wounded, giving a true and correct description of the color, marks, brands, and other natural descriptions which may assist in identifying the stock and in giving the time when and place where killed or wounded.

(2) On the failure to advertise any stock so killed or wounded as provided in subdivision (a)(1) of this section, the owner shall recover double damages for all stock killed and not advertised.

(b) (1) The railroad shall pay the owner of the stock within thirty (30) days after notice is served on the railroad by the owner. Failure to do so shall entitle the owner to double the amount of damages awarded him or her by any jury trying the cause, and a reasonable attorney's fee. (2) If the owner of the stock killed or wounded brings suit against the railroad after the thirty (30) days have expired and the jury trying the cause gives the owner a lesser amount of damage than he or she sues for, then the owner shall recover only the amount given him or her by the jury and shall not be entitled to recover any attorney's fees.

(1) The railroad shall pay the owner of the stock within thirty (30) days after notice is served on the railroad by the owner. Failure to do so shall entitle the owner to double the amount of damages awarded him or her by any jury trying the cause, and a reasonable attorney's fee.

(2) If the owner of the stock killed or wounded brings suit against the railroad after the thirty (30) days have expired and the jury trying the cause gives the owner a lesser amount of damage than he or she sues for, then the owner shall recover only the amount given him or her by the jury and shall not be entitled to recover any attorney's fees.

Acts 1961 (1st Ex. Sess.), No. 61, § 6; A.S.A. 1947, § 73-1005.
Ark. Code Ann. § 23-61-107 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-107
Records
Status: in_force

(a) (1) The Insurance Commissioner shall enter, in permanent form, records of his or her official transactions, examinations, investigations, and proceedings and keep these records in his or her office. (2) These records and insurance filings in his or her office shall be open to public inspection, except as otherwise provided in the Arkansas Insurance Code with respect to particular records or filings. (3) Confidential data and reports provided to the commissioner by the National Association of Insurance Commissioners, including, but not limited to, insurers' Insurance Regulatory Information System ratios and examiner team synopses, shall be deemed privileged communications. These data and reports shall not be open to public inspection and shall not be admissible in evidence in any action or proceeding, other than those brought by the commissioner, nor shall any insurers, agents, or brokers, which may be the subject of the confidential reports, have a cause of action against the commissioner or his or her deputies, examiners, assistants, or employees or against the National Association of Insurance Commissioners, or its members, subscribers, officers, directors, assistants, or employees by reason of the furnishing of any such information to the commissioner. (4) The commissioner shall maintain as confidential, and not subject to subpoena, financial information regarding material transactions of insurers, as defined in § 23-63-1403 or other applicable laws or rules promulgated by the commissioner. (5) (A) In order to assist in the performance of the commissioner's duties, the commissioner may: (i) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, with other state, federal, and international regulatory and legislative agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information; (ii) Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory, legislative, and law enforcement officials of other foreign, alien, or domestic jurisdictions, and 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; and (iii) Enter into agreements governing sharing and use of information consistent with this subsection. (B) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized by this subsection. (C) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this subsection shall be available and enforced in any proceeding in, and in any court of, this state. (b) The commissioner may destroy or otherwise dispose of records and filings in his or her office in accordance with such rules and procedures as provided by other applicable laws. (c) (1) Upon request of any person and upon payment of the applicable fee, the commissioner shall give a certified copy of any record in his or her office which is then open to public inspection. (2) Copies of original records or documents in his or her office certified by the commissioner shall be received in evidence in all courts as if they were originals. (3) The commissioner's certificate as to the authority of any person to transact insurance shall be evidence in all courts of the facts set forth therein. (d) In lieu of original signatures of records and filings, as required by pertinent provisions of the Arkansas Insurance Code, which are permitted to be reproduced in electronic, diskette, or computer-readable form acceptable to the commissioner, the commissioner in his or her discretion may accept electronic, electronic facsimile-transmitted, or computer-readable signatures subject to such conditions and terms as he or she may determine. Amended by Act 2019, No. 315,§ 2611, eff. 7/24/2019. Acts 1959, No. 148, §§ 23, 24; A.S.A. 1947, §§ 66-2108, 66-2109; Acts 1987, No. 456, § 1; 1995, No. 1272, § 2; 1999, No. 119, § 1; 2001, No. 538, § 1; 2001, No. 1604, §§ 5, 6.

(a) (1) The Insurance Commissioner shall enter, in permanent form, records of his or her official transactions, examinations, investigations, and proceedings and keep these records in his or her office. (2) These records and insurance filings in his or her office shall be open to public inspection, except as otherwise provided in the Arkansas Insurance Code with respect to particular records or filings. (3) Confidential data and reports provided to the commissioner by the National Association of Insurance Commissioners, including, but not limited to, insurers' Insurance Regulatory Information System ratios and examiner team synopses, shall be deemed privileged communications. These data and reports shall not be open to public inspection and shall not be admissible in evidence in any action or proceeding, other than those brought by the commissioner, nor shall any insurers, agents, or brokers, which may be the subject of the confidential reports, have a cause of action against the commissioner or his or her deputies, examiners, assistants, or employees or against the National Association of Insurance Commissioners, or its members, subscribers, officers, directors, assistants, or employees by reason of the furnishing of any such information to the commissioner. (4) The commissioner shall maintain as confidential, and not subject to subpoena, financial information regarding material transactions of insurers, as defined in § 23-63-1403 or other applicable laws or rules promulgated by the commissioner. (5) (A) In order to assist in the performance of the commissioner's duties, the commissioner may: (i) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, with other state, federal, and international regulatory and legislative agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information; (ii) Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory, legislative, and law enforcement officials of other foreign, alien, or domestic jurisdictions, and 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; and (iii) Enter into agreements governing sharing and use of information consistent with this subsection. (B) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized by this subsection. (C) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this subsection shall be available and enforced in any proceeding in, and in any court of, this state.

(1) The Insurance Commissioner shall enter, in permanent form, records of his or her official transactions, examinations, investigations, and proceedings and keep these records in his or her office.

(2) These records and insurance filings in his or her office shall be open to public inspection, except as otherwise provided in the Arkansas Insurance Code with respect to particular records or filings.

(3) Confidential data and reports provided to the commissioner by the National Association of Insurance Commissioners, including, but not limited to, insurers' Insurance Regulatory Information System ratios and examiner team synopses, shall be deemed privileged communications. These data and reports shall not be open to public inspection and shall not be admissible in evidence in any action or proceeding, other than those brought by the commissioner, nor shall any insurers, agents, or brokers, which may be the subject of the confidential reports, have a cause of action against the commissioner or his or her deputies, examiners, assistants, or employees or against the National Association of Insurance Commissioners, or its members, subscribers, officers, directors, assistants, or employees by reason of the furnishing of any such information to the commissioner.

(4) The commissioner shall maintain as confidential, and not subject to subpoena, financial information regarding material transactions of insurers, as defined in § 23-63-1403 or other applicable laws or rules promulgated by the commissioner.

(5) (A) In order to assist in the performance of the commissioner's duties, the commissioner may: (i) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, with other state, federal, and international regulatory and legislative agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information; (ii) Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory, legislative, and law enforcement officials of other foreign, alien, or domestic jurisdictions, and 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; and (iii) Enter into agreements governing sharing and use of information consistent with this subsection. (B) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized by this subsection. (C) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this subsection shall be available and enforced in any proceeding in, and in any court of, this state.

(A) In order to assist in the performance of the commissioner's duties, the commissioner may: (i) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, with other state, federal, and international regulatory and legislative agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information; (ii) Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory, legislative, and law enforcement officials of other foreign, alien, or domestic jurisdictions, and 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; and (iii) Enter into agreements governing sharing and use of information consistent with this subsection.

(i) Share documents, materials, or other information, including confidential and privileged documents, materials, or information, with other state, federal, and international regulatory and legislative agencies, with the National Association of Insurance Commissioners and its affiliates and subsidiaries, and with state, federal, and international law enforcement authorities, provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, communication, or other information;

(ii) Receive documents, materials, communications, or information, including otherwise confidential and privileged documents, materials, or information, from the National Association of Insurance Commissioners and its affiliates and subsidiaries, and from regulatory, legislative, and law enforcement officials of other foreign, alien, or domestic jurisdictions, and 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; and

(iii) Enter into agreements governing sharing and use of information consistent with this subsection.

(B) No waiver of any applicable privilege or claim of confidentiality in the documents, materials, or information shall occur as a result of disclosure to the commissioner under this section or as a result of sharing as authorized by this subsection.

(C) A privilege established under the law of any state or jurisdiction that is substantially similar to the privilege established under this subsection shall be available and enforced in any proceeding in, and in any court of, this state.

(b) The commissioner may destroy or otherwise dispose of records and filings in his or her office in accordance with such rules and procedures as provided by other applicable laws.

(c) (1) Upon request of any person and upon payment of the applicable fee, the commissioner shall give a certified copy of any record in his or her office which is then open to public inspection. (2) Copies of original records or documents in his or her office certified by the commissioner shall be received in evidence in all courts as if they were originals. (3) The commissioner's certificate as to the authority of any person to transact insurance shall be evidence in all courts of the facts set forth therein.

(1) Upon request of any person and upon payment of the applicable fee, the commissioner shall give a certified copy of any record in his or her office which is then open to public inspection.

(2) Copies of original records or documents in his or her office certified by the commissioner shall be received in evidence in all courts as if they were originals.

(3) The commissioner's certificate as to the authority of any person to transact insurance shall be evidence in all courts of the facts set forth therein.

(d) In lieu of original signatures of records and filings, as required by pertinent provisions of the Arkansas Insurance Code, which are permitted to be reproduced in electronic, diskette, or computer-readable form acceptable to the commissioner, the commissioner in his or her discretion may accept electronic, electronic facsimile-transmitted, or computer-readable signatures subject to such conditions and terms as he or she may determine.

Amended by Act 2019, No. 315,§ 2611, eff. 7/24/2019.

Acts 1959, No. 148, §§ 23, 24; A.S.A. 1947, §§ 66-2108, 66-2109; Acts 1987, No. 456, § 1; 1995, No. 1272, § 2; 1999, No. 119, § 1; 2001, No. 538, § 1; 2001, No. 1604, §§ 5, 6.
Ark. Code Ann. § 23-32-402 — AR Code / Title 23 / Chapter 32 / Subchapter 4 / Section 23-32-402
Application
Status: in_force

No provision in this subchapter shall apply to any corporation except those corporations included in § 23-32-401 . Acts 1997, No. 88, § 2.

No provision in this subchapter shall apply to any corporation except those corporations included in § 23-32-401 .

Acts 1997, No. 88, § 2.
Ark. Code Ann. § 23-15-211 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-211
Civil penalty - Compromise - Proceedings
Status: in_force

(a) A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed: (1) Two hundred thousand dollars ($200,000) for each day that the violation persists; and (2) Two million dollars ($2,000,000) for any related series of violations. (b) Any such civil penalty may be compromised by the Arkansas Public Service Commission. (c) In determining the amount of the penalty or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered. (d) Proceedings under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (e) Any penalty imposed under this section, if not promptly paid to the commission, shall be recovered with interest thereon from the date of the order in a civil action brought by the commission. (f) Any civil penalty collected and imposed under this section shall be paid to the secretary of the Arkansas Public Service Commission. Amended by Act 2019, No. 315,§ 2461, eff. 7/24/2019. Amended by Act 2013, No. 1343,§ 2, eff. 8/16/2013. Acts 1971, No. 285, §§ 6, 8; 1975, No. 877, § 2; A.S.A. 1947, §§ 73-1913, 73-1915; Acts 1991, No. 793, § 4; 1995, No. 713, § 1; 2005, No. 539, § 1.

(a) A person who violates a provision of § 23-15-209 or a rule issued under this subchapter is subject to a civil penalty not to exceed: (1) Two hundred thousand dollars ($200,000) for each day that the violation persists; and (2) Two million dollars ($2,000,000) for any related series of violations.

(1) Two hundred thousand dollars ($200,000) for each day that the violation persists; and

(2) Two million dollars ($2,000,000) for any related series of violations.

(b) Any such civil penalty may be compromised by the Arkansas Public Service Commission.

(c) In determining the amount of the penalty or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation, shall be considered.

(d) Proceedings under this section shall be subject to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(e) Any penalty imposed under this section, if not promptly paid to the commission, shall be recovered with interest thereon from the date of the order in a civil action brought by the commission.

(f) Any civil penalty collected and imposed under this section shall be paid to the secretary of the Arkansas Public Service Commission.

Amended by Act 2019, No. 315,§ 2461, eff. 7/24/2019.

Amended by Act 2013, No. 1343,§ 2, eff. 8/16/2013.

Acts 1971, No. 285, §§ 6, 8; 1975, No. 877, § 2; A.S.A. 1947, §§ 73-1913, 73-1915; Acts 1991, No. 793, § 4; 1995, No. 713, § 1; 2005, No. 539, § 1.
Ark. Code Ann. § 23-62-107 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-107
Marine insurance
Status: in_force

As used in the Arkansas Insurance Code, unless the context otherwise requires, "marine insurance" includes: (1) Insurance against any and all kinds of loss or damage to: (A) Vessels, craft, aircraft, cars, automobiles, and vehicles of every kind as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests therein, in respect to, appertaining to, or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting shipment or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks; (B) Person or property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for, loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of the insurance, but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance, or use of automobiles; (C) Precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether they are in course of transportation or otherwise; and (D) Bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion are the only hazards to be covered; piers, wharves, docks and ships, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion; other aids to navigation and transportation, including dry docks and marine railways, against all risks; (2) "Marine protection and indemnity insurance", meaning insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death or for loss of or damage to the property of another person; and (3) Travel insurance, as defined in § 23-64-234 . Amended by Act 2019, No. 698,§ 1, eff. for travel insurance sold on or after 10/1/2019. Acts 1959, No. 148, § 78; A.S.A. 1947, § 66-2407.

As used in the Arkansas Insurance Code, unless the context otherwise requires, "marine insurance" includes:

(1) Insurance against any and all kinds of loss or damage to: (A) Vessels, craft, aircraft, cars, automobiles, and vehicles of every kind as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests therein, in respect to, appertaining to, or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting shipment or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks; (B) Person or property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for, loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of the insurance, but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance, or use of automobiles; (C) Precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether they are in course of transportation or otherwise; and (D) Bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion are the only hazards to be covered; piers, wharves, docks and ships, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion; other aids to navigation and transportation, including dry docks and marine railways, against all risks;

(A) Vessels, craft, aircraft, cars, automobiles, and vehicles of every kind as well as all goods, freights, cargoes, merchandise, effects, disbursements, profits, moneys, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests therein, in respect to, appertaining to, or in connection with any and all risks or perils of navigation, transit, or transportation, including war risks, on or under any seas or other waters, on land or in the air, or while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting shipment or during any delays, storage, transshipment, or reshipment incident thereto, including marine builder's risks and all personal property floater risks;

(B) Person or property in connection with or appertaining to a marine, inland marine, transit, or transportation insurance, including liability for, loss of or damage to either, arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of the insurance, but not including life insurance or surety bonds nor insurance against loss by reason of bodily injury to the person arising out of the ownership, maintenance, or use of automobiles;

(C) Precious stones, jewels, jewelry, gold, silver, and other precious metals, whether used in business or trade or otherwise and whether they are in course of transportation or otherwise; and

(D) Bridges, tunnels, and other instrumentalities of transportation and communication, excluding buildings, their furniture and furnishings, fixed contents and supplies held in storage, unless fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion are the only hazards to be covered; piers, wharves, docks and ships, excluding the risks of fire, tornado, sprinkler leakage, hail, explosion, earthquake, riot or civil commotion; other aids to navigation and transportation, including dry docks and marine railways, against all risks;

(2) "Marine protection and indemnity insurance", meaning insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of, or incident to, the ownership, operation, chartering, maintenance, use, repair, or construction of any vessel, craft, or instrumentality in use in ocean or inland waterways, including liability of the insured for personal injury, illness, or death or for loss of or damage to the property of another person; and

(3) Travel insurance, as defined in § 23-64-234 .

Amended by Act 2019, No. 698,§ 1, eff. for travel insurance sold on or after 10/1/2019.

Acts 1959, No. 148, § 78; A.S.A. 1947, § 66-2407.
Ark. Code Ann. § 23-67-218 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-218
Records and reports
Status: in_force

(a) The Insurance Commissioner may adopt reasonable rules for use by companies to record and report to the commissioner rates and other information determined by the commissioner to be necessary or appropriate for the administration of this chapter and for the effectuation of its purposes. (b) (1) The commissioner may designate an advisory organization to assist the commissioner in gathering, compiling, and reporting the information. (2) An insurer is not required to record or report its experience on a classification basis inconsistent with its own rating system. (3) The commissioner may request a review of fire protection standards previously approved if filed by an advisory organization. Amended by Act 2015, No. 961,§ 3, eff. 7/22/2015. Acts 1987, No. 959, § 15.

(a) The Insurance Commissioner may adopt reasonable rules for use by companies to record and report to the commissioner rates and other information determined by the commissioner to be necessary or appropriate for the administration of this chapter and for the effectuation of its purposes.

(b) (1) The commissioner may designate an advisory organization to assist the commissioner in gathering, compiling, and reporting the information. (2) An insurer is not required to record or report its experience on a classification basis inconsistent with its own rating system. (3) The commissioner may request a review of fire protection standards previously approved if filed by an advisory organization.

(1) The commissioner may designate an advisory organization to assist the commissioner in gathering, compiling, and reporting the information.

(2) An insurer is not required to record or report its experience on a classification basis inconsistent with its own rating system.

(3) The commissioner may request a review of fire protection standards previously approved if filed by an advisory organization.

Amended by Act 2015, No. 961,§ 3, eff. 7/22/2015.

Acts 1987, No. 959, § 15.
Ark. Code Ann. § 23-18-520 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-520
Findings of fact required
Status: in_force

(a) In rendering a decision on the application for a certificate, the Arkansas Public Service Commission shall issue and serve an order upon all parties. This order shall include or be accompanied by findings of fact stating its reasons for the action taken. (b) If the commission has found that any regional or local law or regulation which would be otherwise applicable is unreasonably restrictive pursuant to § 23-18-519(b)(10) , it shall state in its order the reasons therefor. Acts 1973, No. 164, § 10; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.9.

(a) In rendering a decision on the application for a certificate, the Arkansas Public Service Commission shall issue and serve an order upon all parties. This order shall include or be accompanied by findings of fact stating its reasons for the action taken.

(b) If the commission has found that any regional or local law or regulation which would be otherwise applicable is unreasonably restrictive pursuant to § 23-18-519(b)(10) , it shall state in its order the reasons therefor.

Acts 1973, No. 164, § 10; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.9.
Ark. Code Ann. § 23-83-106 — AR Code / Title 23 / Chapter 83 / Section 23-83-106
Association groups
Status: in_force

(a) A policy can be issued to an association or to a trust or to the trustee or trustees of a fund established, created, or maintained for the benefit of members of one (1) or more associations. (b) The association shall have: (1) At the outset a minimum of one hundred (100) persons; (2) Been organized and maintained in good faith for purposes other than that of obtaining insurance; (3) Been in active existence for at least two (2) years; and (4) A constitution and bylaws which provide that: (A) The association hold regular meetings not less than annually to further purposes of members; (B) Except for credit unions, the association collect dues or solicit contributions from members; and (C) The members have voting privileges and representation on the governing board and committees. (c) The policy shall be subject to the following requirements: (1) The policy may insure members of the association, employees thereof, or employees of members, or one (1) or more of the preceding or all of any classes thereof for the benefit of persons other than the employee's employer; (2) The premium for the policy shall be paid from funds contributed by the association or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association or employer members; (3) Except as provided in subdivision (c)(5) of this section, a policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for their insurance must insure all eligible persons, except those who reject the coverage in writing; (4) The Insurance Commissioner may issue regulations setting forth the disclosure requirements if a part or all of the premium for a policy issued under this section is derived from funds contributed by the covered persons for their insurance and if any compensation, including, but not limited to, dividends, premiums refunds, or retroactive rate adjustments, is received, directly or indirectly, by the policyholder, including participating associations of a trust; and (5) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer. Acts 1981, No. 898, § 6; A.S.A. 1947, § 66-3506.

(a) A policy can be issued to an association or to a trust or to the trustee or trustees of a fund established, created, or maintained for the benefit of members of one (1) or more associations.

(b) The association shall have: (1) At the outset a minimum of one hundred (100) persons; (2) Been organized and maintained in good faith for purposes other than that of obtaining insurance; (3) Been in active existence for at least two (2) years; and (4) A constitution and bylaws which provide that: (A) The association hold regular meetings not less than annually to further purposes of members; (B) Except for credit unions, the association collect dues or solicit contributions from members; and (C) The members have voting privileges and representation on the governing board and committees.

(1) At the outset a minimum of one hundred (100) persons;

(2) Been organized and maintained in good faith for purposes other than that of obtaining insurance;

(3) Been in active existence for at least two (2) years; and

(4) A constitution and bylaws which provide that: (A) The association hold regular meetings not less than annually to further purposes of members; (B) Except for credit unions, the association collect dues or solicit contributions from members; and (C) The members have voting privileges and representation on the governing board and committees.

(A) The association hold regular meetings not less than annually to further purposes of members;

(B) Except for credit unions, the association collect dues or solicit contributions from members; and

(C) The members have voting privileges and representation on the governing board and committees.

(c) The policy shall be subject to the following requirements: (1) The policy may insure members of the association, employees thereof, or employees of members, or one (1) or more of the preceding or all of any classes thereof for the benefit of persons other than the employee's employer; (2) The premium for the policy shall be paid from funds contributed by the association or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association or employer members; (3) Except as provided in subdivision (c)(5) of this section, a policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for their insurance must insure all eligible persons, except those who reject the coverage in writing; (4) The Insurance Commissioner may issue regulations setting forth the disclosure requirements if a part or all of the premium for a policy issued under this section is derived from funds contributed by the covered persons for their insurance and if any compensation, including, but not limited to, dividends, premiums refunds, or retroactive rate adjustments, is received, directly or indirectly, by the policyholder, including participating associations of a trust; and (5) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.

(1) The policy may insure members of the association, employees thereof, or employees of members, or one (1) or more of the preceding or all of any classes thereof for the benefit of persons other than the employee's employer;

(2) The premium for the policy shall be paid from funds contributed by the association or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association or employer members;

(3) Except as provided in subdivision (c)(5) of this section, a policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for their insurance must insure all eligible persons, except those who reject the coverage in writing;

(4) The Insurance Commissioner may issue regulations setting forth the disclosure requirements if a part or all of the premium for a policy issued under this section is derived from funds contributed by the covered persons for their insurance and if any compensation, including, but not limited to, dividends, premiums refunds, or retroactive rate adjustments, is received, directly or indirectly, by the policyholder, including participating associations of a trust; and

(5) An insurer may exclude or limit the coverage on any person as to whom evidence of individual insurability is not satisfactory to the insurer.

Acts 1981, No. 898, § 6; A.S.A. 1947, § 66-3506.
Ark. Code Ann. § 23-38-216 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-216
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 40; Pope's Dig., § 1018; Acts 1939, No. 169, § 1; A.S.A. 1947, § 67-836.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 40; Pope's Dig., § 1018; Acts 1939, No. 169, § 1; A.S.A. 1947, § 67-836.
Ark. Code Ann. § 23-92-416 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-416
Employer service assurance organizations - Prohibited activities
Status: in_force

(a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or make any arrangement with any professional employer organization, employer service assurance organization, or other person that has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of professional employer organization services or insurance. (b) An employer service assurance organization may not have or adopt any rule, exact any agreement, or formulate or engage in any program that would require any member or subscriber to: (1) Interfere with the right of any professional employer organization to conduct business in the state as permitted by law and independent of that service organization; (2) Utilize some or all of its services as provided by the service organization's policies and procedures as approved by the Insurance Commissioner; (3) Adhere to its standards, procedures, or membership requirements except on a voluntary basis; or (4) Prevent any professional employer organization from acting independently. Acts 2003, No. 1750, § 1.

(a) No employer service assurance organization shall attempt to monopolize or to combine or conspire with any other person to monopolize any market or make any arrangement with any professional employer organization, employer service assurance organization, or other person that has the purpose or effect of unreasonably restraining trade or of substantially lessening competition in the business of professional employer organization services or insurance.

(b) An employer service assurance organization may not have or adopt any rule, exact any agreement, or formulate or engage in any program that would require any member or subscriber to: (1) Interfere with the right of any professional employer organization to conduct business in the state as permitted by law and independent of that service organization; (2) Utilize some or all of its services as provided by the service organization's policies and procedures as approved by the Insurance Commissioner; (3) Adhere to its standards, procedures, or membership requirements except on a voluntary basis; or (4) Prevent any professional employer organization from acting independently.

(1) Interfere with the right of any professional employer organization to conduct business in the state as permitted by law and independent of that service organization;

(2) Utilize some or all of its services as provided by the service organization's policies and procedures as approved by the Insurance Commissioner;

(3) Adhere to its standards, procedures, or membership requirements except on a voluntary basis; or

(4) Prevent any professional employer organization from acting independently.

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-35-303 — AR Code / Title 23 / Chapter 35 / Subchapter 3 / Section 23-35-303
Board of directors and committees generally
Status: in_force

(a) The business affairs of the credit union shall be managed by a board of directors of not fewer than five (5) directors, a credit committee of not fewer than three (3) members, and a supervisory committee of not fewer than three (3) members, all to be elected at the annual members' meeting by and from the members. (b) All members of the board and of the committees shall hold office for such terms as the bylaws may provide. Acts 1971, No. 132, § 11; 1975, No. 530, § 7; A.S.A. 1947, § 67-911.

(a) The business affairs of the credit union shall be managed by a board of directors of not fewer than five (5) directors, a credit committee of not fewer than three (3) members, and a supervisory committee of not fewer than three (3) members, all to be elected at the annual members' meeting by and from the members.

(b) All members of the board and of the committees shall hold office for such terms as the bylaws may provide.

Acts 1971, No. 132, § 11; 1975, No. 530, § 7; A.S.A. 1947, § 67-911.
Ark. Code Ann. § 23-63-1619 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1619
[Repealed]
Status: repealed

Repealed by Act 2019, No. 521,§ 13, eff. 7/24/2019. Amended by Act 2017, No. 370,§ 7, eff. 8/1/2017. Amended by Act 2017, No. 370,§ 6, eff. 8/1/2017. Amended by Act 2017, No. 370,§ 5, eff. 8/1/2017. Acts 2001, No. 1391, § 19; 2009, No. 408, § 12.

Repealed by Act 2019, No. 521,§ 13, eff. 7/24/2019.

Amended by Act 2017, No. 370,§ 7, eff. 8/1/2017.

Amended by Act 2017, No. 370,§ 6, eff. 8/1/2017.

Amended by Act 2017, No. 370,§ 5, eff. 8/1/2017.

Acts 2001, No. 1391, § 19; 2009, No. 408, § 12.
Ark. Code Ann. § 23-89-204 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-204
Coverage for passengers and persons struck by insured vehicle
Status: in_force

(a) The coverages provided in § 23-89-202 shall apply only to occupants of the insured vehicle and to persons struck by the insured vehicle, including pedestrians, bicyclists, motorcyclists, persons in a horse-drawn wagon or cart, and persons riding on an animal, and to none other. (b) However, the coverages shall not be applicable or payable if the prescribed minimum coverages are afforded to those occupants and to persons struck by the insured vehicle, either as a named insured or additional insured under another valid and collectible automobile insurance policy. Acts 1973, No. 138, § 3; A.S.A. 1947, § 66-4016.

(a) The coverages provided in § 23-89-202 shall apply only to occupants of the insured vehicle and to persons struck by the insured vehicle, including pedestrians, bicyclists, motorcyclists, persons in a horse-drawn wagon or cart, and persons riding on an animal, and to none other.

(b) However, the coverages shall not be applicable or payable if the prescribed minimum coverages are afforded to those occupants and to persons struck by the insured vehicle, either as a named insured or additional insured under another valid and collectible automobile insurance policy.

Acts 1973, No. 138, § 3; A.S.A. 1947, § 66-4016.
Ark. Code Ann. § 23-76-130 — AR Code / Title 23 / Chapter 76 / Section 23-76-130
Insurance Commissioner's authority to contract
Status: in_force

(a) The Insurance Commissioner may contract with qualified persons to make recommendations concerning the adequacy, network adequacy, or accessibility of healthcare services under a healthcare plan furnished or proposed to be furnished by a health maintenance organization. (b) The commissioner may accept all or part of the recommendations. Amended by Act 2013, No. 1433,§ 11, eff. 8/16/2013. Acts 1975, No. 454, § 28; A.S.A. 1947, § 66-5228.

(a) The Insurance Commissioner may contract with qualified persons to make recommendations concerning the adequacy, network adequacy, or accessibility of healthcare services under a healthcare plan furnished or proposed to be furnished by a health maintenance organization.

(b) The commissioner may accept all or part of the recommendations.

Amended by Act 2013, No. 1433,§ 11, eff. 8/16/2013.

Acts 1975, No. 454, § 28; A.S.A. 1947, § 66-5228.
Ark. Code Ann. § 23-74-504 — AR Code / Title 23 / Chapter 74 / Subchapter 5 / Section 23-74-504
Taxation
Status: in_force

Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from every state, county, district, municipal, and school tax other than taxes on real estate. Acts 1989, No. 881, § 1.

Every society organized or licensed under this chapter is hereby declared to be a charitable and benevolent institution, and all of its funds shall be exempt from every state, county, district, municipal, and school tax other than taxes on real estate.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-69-508 — AR Code / Title 23 / Chapter 69 / Subchapter 5 / Section 23-69-508
Insurance business transfer plan - Review - Insurance Commissioner
Status: in_force

(a) (1) The Insurance Commissioner shall have sixty (60) business days from the date of receipt of a completed application for an insurance business transfer plan filed under § 23-69-506 to review the insurance business transfer plan to determine if the applicant is authorized to submit it to the Pulaski County Circuit Court. (2) The commissioner may extend the sixty-day review period for an additional thirty (30) business days. (b) The commissioner shall authorize the submission of the insurance business transfer plan to the court unless he or she finds that the insurance business transfer would have an adverse material impact on the interests of policyholders or claimants that are part of the subject business. (c) The commissioner shall not authorize the submission of the insurance business transfer plan to the court unless: (1) The assuming insurer is licensed in each line of business in each state where the transferring insurer is licensed or the assuming insurer demonstrates an extraordinary circumstance preventing the assuming insurer from obtaining the license or licenses; and (2) The commissioner determines that the lack of the license or licenses under subdivision (c)(1) of this section would not result in an adverse material impact on the interests of policyholders, contract holders, or reinsurers. (d) If the commissioner determines that the insurance business transfer would have an adverse material impact on the interests of policyholders or claimants that are part of the subject business, the commissioner shall notify the applicant and specify any modifications, supplements, or amendments and any additional information or documentation with respect to the insurance business transfer plan that shall be provided to the commissioner before he or she allows the applicant to proceed with the court filing. (e) (1) The applicant shall have thirty (30) days from the date the commissioner notifies him or her or it under subsection (d) of this section of the need to file an amended insurance business transfer plan providing the modifications, supplements, amendments, or additional information or documentation as requested by the commissioner. (2) The applicant may request in writing an extension of time of thirty (30) days. (3) If the applicant does not make an amended filing within the time period provided for in this subsection, including any extension of time granted by the commissioner under subdivision (e)(2) of this section, the insurance business transfer plan filing shall terminate, and a subsequent filing by the applicant shall be considered a new filing that shall require compliance with this subchapter as if the prior filing had never been made. (f) The commissioner's review period shall recommence when the modification, supplement, amendment, or additional information or documentation is received. (g) If the commissioner determines that the insurance business transfer plan may proceed with the court filing, the commissioner shall confirm that fact in writing to the applicant. Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.

(a) (1) The Insurance Commissioner shall have sixty (60) business days from the date of receipt of a completed application for an insurance business transfer plan filed under § 23-69-506 to review the insurance business transfer plan to determine if the applicant is authorized to submit it to the Pulaski County Circuit Court. (2) The commissioner may extend the sixty-day review period for an additional thirty (30) business days.

(1) The Insurance Commissioner shall have sixty (60) business days from the date of receipt of a completed application for an insurance business transfer plan filed under § 23-69-506 to review the insurance business transfer plan to determine if the applicant is authorized to submit it to the Pulaski County Circuit Court.

(2) The commissioner may extend the sixty-day review period for an additional thirty (30) business days.

(b) The commissioner shall authorize the submission of the insurance business transfer plan to the court unless he or she finds that the insurance business transfer would have an adverse material impact on the interests of policyholders or claimants that are part of the subject business.

(c) The commissioner shall not authorize the submission of the insurance business transfer plan to the court unless: (1) The assuming insurer is licensed in each line of business in each state where the transferring insurer is licensed or the assuming insurer demonstrates an extraordinary circumstance preventing the assuming insurer from obtaining the license or licenses; and (2) The commissioner determines that the lack of the license or licenses under subdivision (c)(1) of this section would not result in an adverse material impact on the interests of policyholders, contract holders, or reinsurers.

(1) The assuming insurer is licensed in each line of business in each state where the transferring insurer is licensed or the assuming insurer demonstrates an extraordinary circumstance preventing the assuming insurer from obtaining the license or licenses; and

(2) The commissioner determines that the lack of the license or licenses under subdivision (c)(1) of this section would not result in an adverse material impact on the interests of policyholders, contract holders, or reinsurers.

(d) If the commissioner determines that the insurance business transfer would have an adverse material impact on the interests of policyholders or claimants that are part of the subject business, the commissioner shall notify the applicant and specify any modifications, supplements, or amendments and any additional information or documentation with respect to the insurance business transfer plan that shall be provided to the commissioner before he or she allows the applicant to proceed with the court filing.

(e) (1) The applicant shall have thirty (30) days from the date the commissioner notifies him or her or it under subsection (d) of this section of the need to file an amended insurance business transfer plan providing the modifications, supplements, amendments, or additional information or documentation as requested by the commissioner. (2) The applicant may request in writing an extension of time of thirty (30) days. (3) If the applicant does not make an amended filing within the time period provided for in this subsection, including any extension of time granted by the commissioner under subdivision (e)(2) of this section, the insurance business transfer plan filing shall terminate, and a subsequent filing by the applicant shall be considered a new filing that shall require compliance with this subchapter as if the prior filing had never been made.

(1) The applicant shall have thirty (30) days from the date the commissioner notifies him or her or it under subsection (d) of this section of the need to file an amended insurance business transfer plan providing the modifications, supplements, amendments, or additional information or documentation as requested by the commissioner.

(2) The applicant may request in writing an extension of time of thirty (30) days.

(3) If the applicant does not make an amended filing within the time period provided for in this subsection, including any extension of time granted by the commissioner under subdivision (e)(2) of this section, the insurance business transfer plan filing shall terminate, and a subsequent filing by the applicant shall be considered a new filing that shall require compliance with this subchapter as if the prior filing had never been made.

(f) The commissioner's review period shall recommence when the modification, supplement, amendment, or additional information or documentation is received.

(g) If the commissioner determines that the insurance business transfer plan may proceed with the court filing, the commissioner shall confirm that fact in writing to the applicant.

Added by Act 2021, No. 1018,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-63-215 — AR Code / Title 23 / Chapter 63 / Subchapter 2 / Section 23-63-215
Certificate of authority - Period of suspension - Reinstatement
Status: in_force

(a) The suspension of an insurer's certificate of authority is indefinite unless: (1) A specific period is fixed by the Insurance Commissioner in the order of suspension; or (2) The commissioner shortens or rescinds the suspension. (b) (1) Unless in the order of suspension the commissioner waives payment of any fees, licenses, and taxes during the suspension, the insurer shall file its annual statement and pay fees, licenses, and taxes during the suspension as required under the Arkansas Insurance Code as if the certificate of authority had continued in full force. (2) Upon reinstatement of a suspended insurer's certificate of authority, all fees, licenses, and taxes accumulated during the suspension are immediately due and payable. (c) (1) If a suspension ends within the period a certificate of authority has not otherwise terminated, the certificate of authority shall automatically reinstate unless the commissioner finds that: (A) The causes of the suspension have not been removed; or (B) The insurer is not in compliance with the Arkansas Insurance Code. (2) If the commissioner finds that the certificate of authority does not automatically reinstate, the commissioner shall provide written notice and give the insurer thirty (30) days to remove the cause for suspension or otherwise comply with the Arkansas Insurance Code. (3) If the certificate of authority is not automatically reinstated, the certificate of authority shall be deemed to have expired upon the earliest of: (A) Thirty (30) days after the commissioner gives notice under subdivision (c)(2) of this section; or (B) The failure of the insurer to continue the certificate of authority during the suspension. (d) Upon reinstatement of the insurer's certificate of authority: (1) The authority of the insurer's agents in this state to represent the insurer is reinstated; and (2) The commissioner shall promptly notify the insurer and its agents in this state of the reinstatement. Acts 1959, No. 148, § 59; A.S.A. 1947, § 66-2217; Acts 2005, No. 506, § 17; 2009, No. 726, § 17.

(a) The suspension of an insurer's certificate of authority is indefinite unless: (1) A specific period is fixed by the Insurance Commissioner in the order of suspension; or (2) The commissioner shortens or rescinds the suspension.

(1) A specific period is fixed by the Insurance Commissioner in the order of suspension; or

(2) The commissioner shortens or rescinds the suspension.

(b) (1) Unless in the order of suspension the commissioner waives payment of any fees, licenses, and taxes during the suspension, the insurer shall file its annual statement and pay fees, licenses, and taxes during the suspension as required under the Arkansas Insurance Code as if the certificate of authority had continued in full force. (2) Upon reinstatement of a suspended insurer's certificate of authority, all fees, licenses, and taxes accumulated during the suspension are immediately due and payable.

(1) Unless in the order of suspension the commissioner waives payment of any fees, licenses, and taxes during the suspension, the insurer shall file its annual statement and pay fees, licenses, and taxes during the suspension as required under the Arkansas Insurance Code as if the certificate of authority had continued in full force.

(2) Upon reinstatement of a suspended insurer's certificate of authority, all fees, licenses, and taxes accumulated during the suspension are immediately due and payable.

(c) (1) If a suspension ends within the period a certificate of authority has not otherwise terminated, the certificate of authority shall automatically reinstate unless the commissioner finds that: (A) The causes of the suspension have not been removed; or (B) The insurer is not in compliance with the Arkansas Insurance Code. (2) If the commissioner finds that the certificate of authority does not automatically reinstate, the commissioner shall provide written notice and give the insurer thirty (30) days to remove the cause for suspension or otherwise comply with the Arkansas Insurance Code. (3) If the certificate of authority is not automatically reinstated, the certificate of authority shall be deemed to have expired upon the earliest of: (A) Thirty (30) days after the commissioner gives notice under subdivision (c)(2) of this section; or (B) The failure of the insurer to continue the certificate of authority during the suspension.

(1) If a suspension ends within the period a certificate of authority has not otherwise terminated, the certificate of authority shall automatically reinstate unless the commissioner finds that: (A) The causes of the suspension have not been removed; or (B) The insurer is not in compliance with the Arkansas Insurance Code.

(A) The causes of the suspension have not been removed; or

(B) The insurer is not in compliance with the Arkansas Insurance Code.

(2) If the commissioner finds that the certificate of authority does not automatically reinstate, the commissioner shall provide written notice and give the insurer thirty (30) days to remove the cause for suspension or otherwise comply with the Arkansas Insurance Code.

(3) If the certificate of authority is not automatically reinstated, the certificate of authority shall be deemed to have expired upon the earliest of: (A) Thirty (30) days after the commissioner gives notice under subdivision (c)(2) of this section; or (B) The failure of the insurer to continue the certificate of authority during the suspension.

(A) Thirty (30) days after the commissioner gives notice under subdivision (c)(2) of this section; or

(B) The failure of the insurer to continue the certificate of authority during the suspension.

(d) Upon reinstatement of the insurer's certificate of authority: (1) The authority of the insurer's agents in this state to represent the insurer is reinstated; and (2) The commissioner shall promptly notify the insurer and its agents in this state of the reinstatement.

(1) The authority of the insurer's agents in this state to represent the insurer is reinstated; and

(2) The commissioner shall promptly notify the insurer and its agents in this state of the reinstatement.

Acts 1959, No. 148, § 59; A.S.A. 1947, § 66-2217; Acts 2005, No. 506, § 17; 2009, No. 726, § 17.
Ark. Code Ann. § 23-111-518 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-518
Legislative intent - Definitions - Payable winnings agreements
Status: in_force

(a) It is the intent of the General Assembly to recognize the rich history of greyhound racing in the state and to provide clarity in the law regarding payable winnings agreements to ensure that the purpose of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, is met while maintaining the traditions related to greyhound racing. (b) As used in this section: (1) "Owner" means the person whose name the greyhound is registered under with the National Greyhound Association; (2) (A) "Payable winnings" means moneys payable to a payee entitled to collect the moneys due to the owner's greyhound's winning a greyhound race. (B) "Payable winnings" does not include net casino gaming receipts as defined in The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100; (3) "Payee" means the person to whom the payable winnings are due; and (4) "Payor" means an individual, corporation, partnership, association, trust, or other entity holding a franchise to conduct greyhound racing under this chapter. (c) At the payee's direction, a payee may enter into a written payable winnings agreement that authorizes: (1) A percentage or agreed-upon amount of the payable winnings to be deducted from the payable winnings by the payor at the payee's request; and (2) The payment of moneys from the payable winnings to be paid to a nonprofit organization described in 26 U.S.C. § 501(c) , as in effect on January 1, 2019, as designated by the payee. (d) Payable winnings included in a payable winnings agreement shall be paid first to the nonprofit organization listed in the payable winnings agreement, with the remainder paid to the payee. Added by Act 2019, No. 892,§ 1, eff. 7/24/2019.

(a) It is the intent of the General Assembly to recognize the rich history of greyhound racing in the state and to provide clarity in the law regarding payable winnings agreements to ensure that the purpose of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, is met while maintaining the traditions related to greyhound racing.

(b) As used in this section: (1) "Owner" means the person whose name the greyhound is registered under with the National Greyhound Association; (2) (A) "Payable winnings" means moneys payable to a payee entitled to collect the moneys due to the owner's greyhound's winning a greyhound race. (B) "Payable winnings" does not include net casino gaming receipts as defined in The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100; (3) "Payee" means the person to whom the payable winnings are due; and (4) "Payor" means an individual, corporation, partnership, association, trust, or other entity holding a franchise to conduct greyhound racing under this chapter.

(1) "Owner" means the person whose name the greyhound is registered under with the National Greyhound Association;

(2) (A) "Payable winnings" means moneys payable to a payee entitled to collect the moneys due to the owner's greyhound's winning a greyhound race. (B) "Payable winnings" does not include net casino gaming receipts as defined in The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100;

(A) "Payable winnings" means moneys payable to a payee entitled to collect the moneys due to the owner's greyhound's winning a greyhound race.

(B) "Payable winnings" does not include net casino gaming receipts as defined in The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100;

(3) "Payee" means the person to whom the payable winnings are due; and

(4) "Payor" means an individual, corporation, partnership, association, trust, or other entity holding a franchise to conduct greyhound racing under this chapter.

(c) At the payee's direction, a payee may enter into a written payable winnings agreement that authorizes: (1) A percentage or agreed-upon amount of the payable winnings to be deducted from the payable winnings by the payor at the payee's request; and (2) The payment of moneys from the payable winnings to be paid to a nonprofit organization described in 26 U.S.C. § 501(c) , as in effect on January 1, 2019, as designated by the payee.

(1) A percentage or agreed-upon amount of the payable winnings to be deducted from the payable winnings by the payor at the payee's request; and

(2) The payment of moneys from the payable winnings to be paid to a nonprofit organization described in 26 U.S.C. § 501(c) , as in effect on January 1, 2019, as designated by the payee.

(d) Payable winnings included in a payable winnings agreement shall be paid first to the nonprofit organization listed in the payable winnings agreement, with the remainder paid to the payee.

Added by Act 2019, No. 892,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-54-102 — AR Code / Title 23 / Chapter 54 / Section 23-54-102
Applicability
Status: in_force

This chapter applies to reverse mortgage loans executed on or after January 1, 2006. Acts 2005, No. 2166, § 1.

This chapter applies to reverse mortgage loans executed on or after January 1, 2006.

Acts 2005, No. 2166, § 1.
Ark. Code Ann. § 23-86-503 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-503
Health insurance purchasing group organization requirements
Status: in_force

(a) Each health insurance purchasing group shall be a nonprofit corporation operated under the direction of a board of directors that is composed of five (5) representatives of eligible employers. (b) (1) (A) Each health insurance purchasing group shall be composed of at least five hundred (500) eligible employees from one (1) or more eligible employers. (B) However, a health insurance purchasing group shall have twelve (12) months from the time of formation to reach the level of five hundred (500) eligible employees. (C) At the time of formation, the health insurance purchasing group shall have at least one hundred (100) eligible employees. (2) (A) Upon the failure of a health insurance purchasing group to maintain the required size restrictions described in this subsection, the health insurance purchasing group shall notify the Insurance Commissioner in writing that the health insurance purchasing group does not comply with the size requirements under subdivision (b)(1) of this section. (B) The health insurance purchasing group may then continue to operate the health benefits plan for its members but shall comply within sixty (60) calendar days with the size requirements of this section or within a time period as determined by the commissioner. (C) Upon the failure of the health insurance purchasing group to maintain size requirements as required under this section, after sixty (60) calendar days or after the time period determined by the commissioner, the health insurance purchasing group may then be terminated following notice and hearing before the commissioner. (c) (1) (A) Subject to the provisions of this subchapter, a health insurance purchasing group shall permit any eligible employer that meets the membership requirements of the health insurance purchasing group to contract with the health insurance purchasing group for the purchase of a health benefits plan for its eligible employees and dependents of those eligible employees. (B) The health insurance purchasing group may not vary conditions of eligibility, including premium rates and membership fees, for any employer meeting the membership requirements of the health insurance purchasing group, nor may it vary conditions of eligibility for any employee to qualify for a health insurance purchasing group health benefits plan offered to the eligible employer by the health insurance purchasing group. (2) (A) A contract shall provide that the purchaser agrees not to obtain or sponsor a health benefits plan on behalf of any eligible employees and their dependents other than through the health insurance purchasing group. (B) Subdivision (c)(2)(A) of this section shall not be construed to apply to an eligible individual who resides in an area for which no coverage is offered by a health insurance purchasing group health carrier. (3) (A) (i) Under rules established to carry out this subchapter with respect to an eligible employer that has a purchaser contract with a health insurance purchasing group, individuals who are eligible employees of an eligible employer may enroll for a health benefits plan offered by a health insurance purchasing group health carrier. (ii) This may include coverage for dependents of the enrolling employees if this coverage is offered. (B) The employees may enroll for health benefits provided through their employer's contract with a health insurance purchasing group. (4) A health insurance purchasing group shall not deny enrollment as a member to an individual who is an eligible employee or dependent of an employee qualified to be enrolled based on health status-related factors except as may be permitted by law. (5) In the case of members enrolled in a health benefits plan offered by a health insurance purchasing group health carrier, the health insurance purchasing group shall provide for an annual open enrollment period of thirty (30) calendar days during which the members may change the coverage option in which the members are enrolled. (6) (A) Nothing in this subsection shall preclude a health insurance purchasing group from establishing rules of employee eligibility for enrollment and reenrollment of members during the annual open enrollment period under subdivision (c)(5) of this section. (B) The rules shall be applied consistently to all purchasers and members within the health insurance purchasing group and shall not be based in any manner on health status-related factors and shall not conflict with sections of this subchapter. (d) (1) Each health insurance purchasing group shall annually file with the commissioner a description of its: (A) Plan of operation, including each of the products it intends to sell; (B) Marketing methods and materials; and (C) Membership and disclosure requirements or other information as required by the commissioner through rules. (2) The plan of operation filed with the commissioner by the health insurance purchasing group pursuant to this subsection shall be deemed approved sixty (60) calendar days after the date of filing unless additional time is requested by the commissioner to review the plan. (e) Each health insurance purchasing group shall be considered a large group for purposes of application of the Arkansas Insurance Code to the activities and health benefit plans of the health insurance purchasing group unless stated otherwise in this subchapter. (f) No purchaser, health insurance purchasing group, health maintenance organization, or health insurer providing coverage to a health insurance purchasing group shall be subject to any provisions in § 26-57-601 et seq. for insurance premiums collected for health benefit plans of health insurance purchasing groups. Amended by Act 2019, No. 315,§ 2752, eff. 7/24/2019. Acts 2001, No. 925, § 3; 2003, No. 1358, § 1.

(a) Each health insurance purchasing group shall be a nonprofit corporation operated under the direction of a board of directors that is composed of five (5) representatives of eligible employers.

(b) (1) (A) Each health insurance purchasing group shall be composed of at least five hundred (500) eligible employees from one (1) or more eligible employers. (B) However, a health insurance purchasing group shall have twelve (12) months from the time of formation to reach the level of five hundred (500) eligible employees. (C) At the time of formation, the health insurance purchasing group shall have at least one hundred (100) eligible employees. (2) (A) Upon the failure of a health insurance purchasing group to maintain the required size restrictions described in this subsection, the health insurance purchasing group shall notify the Insurance Commissioner in writing that the health insurance purchasing group does not comply with the size requirements under subdivision (b)(1) of this section. (B) The health insurance purchasing group may then continue to operate the health benefits plan for its members but shall comply within sixty (60) calendar days with the size requirements of this section or within a time period as determined by the commissioner. (C) Upon the failure of the health insurance purchasing group to maintain size requirements as required under this section, after sixty (60) calendar days or after the time period determined by the commissioner, the health insurance purchasing group may then be terminated following notice and hearing before the commissioner.

(1) (A) Each health insurance purchasing group shall be composed of at least five hundred (500) eligible employees from one (1) or more eligible employers. (B) However, a health insurance purchasing group shall have twelve (12) months from the time of formation to reach the level of five hundred (500) eligible employees. (C) At the time of formation, the health insurance purchasing group shall have at least one hundred (100) eligible employees.

(A) Each health insurance purchasing group shall be composed of at least five hundred (500) eligible employees from one (1) or more eligible employers.

(B) However, a health insurance purchasing group shall have twelve (12) months from the time of formation to reach the level of five hundred (500) eligible employees.

(C) At the time of formation, the health insurance purchasing group shall have at least one hundred (100) eligible employees.

(2) (A) Upon the failure of a health insurance purchasing group to maintain the required size restrictions described in this subsection, the health insurance purchasing group shall notify the Insurance Commissioner in writing that the health insurance purchasing group does not comply with the size requirements under subdivision (b)(1) of this section. (B) The health insurance purchasing group may then continue to operate the health benefits plan for its members but shall comply within sixty (60) calendar days with the size requirements of this section or within a time period as determined by the commissioner. (C) Upon the failure of the health insurance purchasing group to maintain size requirements as required under this section, after sixty (60) calendar days or after the time period determined by the commissioner, the health insurance purchasing group may then be terminated following notice and hearing before the commissioner.

(A) Upon the failure of a health insurance purchasing group to maintain the required size restrictions described in this subsection, the health insurance purchasing group shall notify the Insurance Commissioner in writing that the health insurance purchasing group does not comply with the size requirements under subdivision (b)(1) of this section.

(B) The health insurance purchasing group may then continue to operate the health benefits plan for its members but shall comply within sixty (60) calendar days with the size requirements of this section or within a time period as determined by the commissioner.

(C) Upon the failure of the health insurance purchasing group to maintain size requirements as required under this section, after sixty (60) calendar days or after the time period determined by the commissioner, the health insurance purchasing group may then be terminated following notice and hearing before the commissioner.

(c) (1) (A) Subject to the provisions of this subchapter, a health insurance purchasing group shall permit any eligible employer that meets the membership requirements of the health insurance purchasing group to contract with the health insurance purchasing group for the purchase of a health benefits plan for its eligible employees and dependents of those eligible employees. (B) The health insurance purchasing group may not vary conditions of eligibility, including premium rates and membership fees, for any employer meeting the membership requirements of the health insurance purchasing group, nor may it vary conditions of eligibility for any employee to qualify for a health insurance purchasing group health benefits plan offered to the eligible employer by the health insurance purchasing group. (2) (A) A contract shall provide that the purchaser agrees not to obtain or sponsor a health benefits plan on behalf of any eligible employees and their dependents other than through the health insurance purchasing group. (B) Subdivision (c)(2)(A) of this section shall not be construed to apply to an eligible individual who resides in an area for which no coverage is offered by a health insurance purchasing group health carrier. (3) (A) (i) Under rules established to carry out this subchapter with respect to an eligible employer that has a purchaser contract with a health insurance purchasing group, individuals who are eligible employees of an eligible employer may enroll for a health benefits plan offered by a health insurance purchasing group health carrier. (ii) This may include coverage for dependents of the enrolling employees if this coverage is offered. (B) The employees may enroll for health benefits provided through their employer's contract with a health insurance purchasing group. (4) A health insurance purchasing group shall not deny enrollment as a member to an individual who is an eligible employee or dependent of an employee qualified to be enrolled based on health status-related factors except as may be permitted by law. (5) In the case of members enrolled in a health benefits plan offered by a health insurance purchasing group health carrier, the health insurance purchasing group shall provide for an annual open enrollment period of thirty (30) calendar days during which the members may change the coverage option in which the members are enrolled. (6) (A) Nothing in this subsection shall preclude a health insurance purchasing group from establishing rules of employee eligibility for enrollment and reenrollment of members during the annual open enrollment period under subdivision (c)(5) of this section. (B) The rules shall be applied consistently to all purchasers and members within the health insurance purchasing group and shall not be based in any manner on health status-related factors and shall not conflict with sections of this subchapter.

(1) (A) Subject to the provisions of this subchapter, a health insurance purchasing group shall permit any eligible employer that meets the membership requirements of the health insurance purchasing group to contract with the health insurance purchasing group for the purchase of a health benefits plan for its eligible employees and dependents of those eligible employees. (B) The health insurance purchasing group may not vary conditions of eligibility, including premium rates and membership fees, for any employer meeting the membership requirements of the health insurance purchasing group, nor may it vary conditions of eligibility for any employee to qualify for a health insurance purchasing group health benefits plan offered to the eligible employer by the health insurance purchasing group.

(A) Subject to the provisions of this subchapter, a health insurance purchasing group shall permit any eligible employer that meets the membership requirements of the health insurance purchasing group to contract with the health insurance purchasing group for the purchase of a health benefits plan for its eligible employees and dependents of those eligible employees.

(B) The health insurance purchasing group may not vary conditions of eligibility, including premium rates and membership fees, for any employer meeting the membership requirements of the health insurance purchasing group, nor may it vary conditions of eligibility for any employee to qualify for a health insurance purchasing group health benefits plan offered to the eligible employer by the health insurance purchasing group.

(2) (A) A contract shall provide that the purchaser agrees not to obtain or sponsor a health benefits plan on behalf of any eligible employees and their dependents other than through the health insurance purchasing group. (B) Subdivision (c)(2)(A) of this section shall not be construed to apply to an eligible individual who resides in an area for which no coverage is offered by a health insurance purchasing group health carrier.

(A) A contract shall provide that the purchaser agrees not to obtain or sponsor a health benefits plan on behalf of any eligible employees and their dependents other than through the health insurance purchasing group.

(B) Subdivision (c)(2)(A) of this section shall not be construed to apply to an eligible individual who resides in an area for which no coverage is offered by a health insurance purchasing group health carrier.

(3) (A) (i) Under rules established to carry out this subchapter with respect to an eligible employer that has a purchaser contract with a health insurance purchasing group, individuals who are eligible employees of an eligible employer may enroll for a health benefits plan offered by a health insurance purchasing group health carrier. (ii) This may include coverage for dependents of the enrolling employees if this coverage is offered. (B) The employees may enroll for health benefits provided through their employer's contract with a health insurance purchasing group.

(A) (i) Under rules established to carry out this subchapter with respect to an eligible employer that has a purchaser contract with a health insurance purchasing group, individuals who are eligible employees of an eligible employer may enroll for a health benefits plan offered by a health insurance purchasing group health carrier. (ii) This may include coverage for dependents of the enrolling employees if this coverage is offered.

(i) Under rules established to carry out this subchapter with respect to an eligible employer that has a purchaser contract with a health insurance purchasing group, individuals who are eligible employees of an eligible employer may enroll for a health benefits plan offered by a health insurance purchasing group health carrier.

(ii) This may include coverage for dependents of the enrolling employees if this coverage is offered.

(B) The employees may enroll for health benefits provided through their employer's contract with a health insurance purchasing group.

(4) A health insurance purchasing group shall not deny enrollment as a member to an individual who is an eligible employee or dependent of an employee qualified to be enrolled based on health status-related factors except as may be permitted by law.

(5) In the case of members enrolled in a health benefits plan offered by a health insurance purchasing group health carrier, the health insurance purchasing group shall provide for an annual open enrollment period of thirty (30) calendar days during which the members may change the coverage option in which the members are enrolled.

(6) (A) Nothing in this subsection shall preclude a health insurance purchasing group from establishing rules of employee eligibility for enrollment and reenrollment of members during the annual open enrollment period under subdivision (c)(5) of this section. (B) The rules shall be applied consistently to all purchasers and members within the health insurance purchasing group and shall not be based in any manner on health status-related factors and shall not conflict with sections of this subchapter.

(A) Nothing in this subsection shall preclude a health insurance purchasing group from establishing rules of employee eligibility for enrollment and reenrollment of members during the annual open enrollment period under subdivision (c)(5) of this section.

(B) The rules shall be applied consistently to all purchasers and members within the health insurance purchasing group and shall not be based in any manner on health status-related factors and shall not conflict with sections of this subchapter.

(d) (1) Each health insurance purchasing group shall annually file with the commissioner a description of its: (A) Plan of operation, including each of the products it intends to sell; (B) Marketing methods and materials; and (C) Membership and disclosure requirements or other information as required by the commissioner through rules. (2) The plan of operation filed with the commissioner by the health insurance purchasing group pursuant to this subsection shall be deemed approved sixty (60) calendar days after the date of filing unless additional time is requested by the commissioner to review the plan.

(1) Each health insurance purchasing group shall annually file with the commissioner a description of its: (A) Plan of operation, including each of the products it intends to sell; (B) Marketing methods and materials; and (C) Membership and disclosure requirements or other information as required by the commissioner through rules.

(A) Plan of operation, including each of the products it intends to sell;

(B) Marketing methods and materials; and

(C) Membership and disclosure requirements or other information as required by the commissioner through rules.

(2) The plan of operation filed with the commissioner by the health insurance purchasing group pursuant to this subsection shall be deemed approved sixty (60) calendar days after the date of filing unless additional time is requested by the commissioner to review the plan.

(e) Each health insurance purchasing group shall be considered a large group for purposes of application of the Arkansas Insurance Code to the activities and health benefit plans of the health insurance purchasing group unless stated otherwise in this subchapter.

(f) No purchaser, health insurance purchasing group, health maintenance organization, or health insurer providing coverage to a health insurance purchasing group shall be subject to any provisions in § 26-57-601 et seq. for insurance premiums collected for health benefit plans of health insurance purchasing groups.

Amended by Act 2019, No. 315,§ 2752, eff. 7/24/2019.

Acts 2001, No. 925, § 3; 2003, No. 1358, § 1.
Ark. Code Ann. § 23-15-104 — AR Code / Title 23 / Chapter 15 / Subchapter 1 / Section 23-15-104
Rates and charges of natural gas utilities - Determination
Status: in_force

In determining and regulating the rates and charges of a natural gas utility company, the Arkansas Public Service Commission shall allow as an operating expense of the natural gas utility company, for natural gas produced by it, the fair value or reasonable market price of the natural gas at the point at which the gas is delivered into the transmission system of the natural gas utility company in or within the vicinity of the field or fields where produced. Acts 1957, No. 175, § 1; A.S.A. 1947, § 73-1903.

In determining and regulating the rates and charges of a natural gas utility company, the Arkansas Public Service Commission shall allow as an operating expense of the natural gas utility company, for natural gas produced by it, the fair value or reasonable market price of the natural gas at the point at which the gas is delivered into the transmission system of the natural gas utility company in or within the vicinity of the field or fields where produced.

Acts 1957, No. 175, § 1; A.S.A. 1947, § 73-1903.
Ark. Code Ann. § 23-3-511 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-511
Review by circuit court
Status: in_force

(a) Any party to a proceeding conducted pursuant to this subchapter before the Arkansas Public Service Commission, within twenty (20) days after a final order is made, may file a petition with the Pulaski County Circuit Court against the commission for the purpose of having the lawfulness of its final decision inquired into and determined. (b) Every such petition to review shall state briefly the nature of the proceeding before the commission and shall set forth the order or decision complained of and the ground upon which the order or decision is claimed to be unlawful. (c) Upon the filing of a petition to review, the clerk of the circuit court shall mail a notice of the filing of the petition and a copy of the petition to the commission by certified or registered mail. In the alternative, the clerk may cause the notice and a copy of the petition to be served upon either the secretary or chair of the Arkansas Public Service Commission by the Pulaski County Sheriff or his or her deputy. (d) Thereupon, the commission, within thirty (30) days from the mailing or service of the notice shall answer the petition and certify to the court a complete transcript of the record in the case made before the commission, which shall include a copy of all pleadings, proceedings, testimony, exhibits, orders, findings, and opinions in the case. However, the parties and the commission may stipulate that a specified portion only of the record as made before the commission shall be included in the transcript to be filed with the court. (e) (1) No new or additional evidence shall be introduced in the court in which such a review is sought, but every case shall be determined upon the transcript of the record made before the commission as certified to by it. (2) All evidence before the commission shall be considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in the trial of any action at law or in equity. (f) Upon hearing, the court may dismiss the petition to review or vacate the order complained of in whole or in part, as the case may be. In case the order is wholly or partially vacated, the court may also in its discretion remand the matter to the commission for further procedure not inconsistent with the judgment of the court as, in the opinion of the court, justice may require. (g) The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violated any right of the complainant under the United States Constitution or the Arkansas Constitution. Acts 1961, No. 188, §§ 10-13; A.S.A. 1947, §§ 73-2210 -- 73-2213.

(a) Any party to a proceeding conducted pursuant to this subchapter before the Arkansas Public Service Commission, within twenty (20) days after a final order is made, may file a petition with the Pulaski County Circuit Court against the commission for the purpose of having the lawfulness of its final decision inquired into and determined.

(b) Every such petition to review shall state briefly the nature of the proceeding before the commission and shall set forth the order or decision complained of and the ground upon which the order or decision is claimed to be unlawful.

(c) Upon the filing of a petition to review, the clerk of the circuit court shall mail a notice of the filing of the petition and a copy of the petition to the commission by certified or registered mail. In the alternative, the clerk may cause the notice and a copy of the petition to be served upon either the secretary or chair of the Arkansas Public Service Commission by the Pulaski County Sheriff or his or her deputy.

(d) Thereupon, the commission, within thirty (30) days from the mailing or service of the notice shall answer the petition and certify to the court a complete transcript of the record in the case made before the commission, which shall include a copy of all pleadings, proceedings, testimony, exhibits, orders, findings, and opinions in the case. However, the parties and the commission may stipulate that a specified portion only of the record as made before the commission shall be included in the transcript to be filed with the court.

(e) (1) No new or additional evidence shall be introduced in the court in which such a review is sought, but every case shall be determined upon the transcript of the record made before the commission as certified to by it. (2) All evidence before the commission shall be considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in the trial of any action at law or in equity.

(1) No new or additional evidence shall be introduced in the court in which such a review is sought, but every case shall be determined upon the transcript of the record made before the commission as certified to by it.

(2) All evidence before the commission shall be considered by the court regardless of any technical rule which might have rendered the evidence inadmissible if originally offered in the trial of any action at law or in equity.

(f) Upon hearing, the court may dismiss the petition to review or vacate the order complained of in whole or in part, as the case may be. In case the order is wholly or partially vacated, the court may also in its discretion remand the matter to the commission for further procedure not inconsistent with the judgment of the court as, in the opinion of the court, justice may require.

(g) The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violated any right of the complainant under the United States Constitution or the Arkansas Constitution.

Acts 1961, No. 188, §§ 10-13; A.S.A. 1947, §§ 73-2210 -- 73-2213.
Ark. Code Ann. § 23-13-701 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-701
Title
Status: in_force

This subchapter shall be known and may be cited as the "Transportation Network Company Services Act". Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Transportation Network Company Services Act".

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-61-903 — AR Code / Title 23 / Chapter 61 / Subchapter 9 / Section 23-61-903
Definitions
Status: in_force

As used in this subchapter: (1) "Arkansas Healthcare Transparency Initiative" means an initiative to create a database, including ongoing all-payer claims database projects funded through the State Insurance Department, that receives and stores data from a submitting entity relating to medical, dental, and pharmaceutical and other insurance claims information, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter, and provider files, for the purposes of this subchapter; (2) "Arkansas resident" means an individual for whom the submitting entity has identified an Arkansas address as the individual's primary place of residence; (3) "Claims data" means information included in an institutional, professional, or pharmacy claim or equivalent information transaction for a covered individual, including the amount paid to a provider of healthcare services plus any amount owed by the covered individual; (4) "Covered individual" means a natural person who is an Arkansas resident and is eligible to receive medical, dental, or pharmaceutical benefits under any policy, contract, certificate, evidence of coverage, rider, binder, or endorsement that provides for or describes coverage; (5) (A) "Direct personal identifiers" means information relating to a covered individual that contains primary or obvious identifiers, such as the individual's name, street address, e-mail address, telephone number, and Social Security number. (B) "Direct personal identifiers" does not include geographic or demographic information that would not allow the identification of a covered individual; (6) "Enrollment data" means demographic information and other identifying information relating to covered individuals, including direct personal identifiers; (7) "Protected health information" means health information as protected by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as it existed on January 1, 2015; (8) "Provider" means an individual or entity licensed by the state to provide healthcare services; (9) (A) "Submitting entity" means: (i) An entity that provides health or dental insurance or a health or dental benefit plan in the state, including without limitation an insurance company, medical services plan, managed care organization, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year; (ii) A health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state, including without limitation benefits administered by a managed care organization whether or not the managed care organization had two thousand (2,000) covered individuals in the previous year; (iii) A health benefit plan offered or administered by or on behalf of the United States Government with the agreement of the United States Government; (iv) The Workers' Compensation Commission; (v) Any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, a third-party administrator, or a pharmacy benefits manager, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year; (vi) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and that is fully insured; (vii) A risk-based provider organization licensed by the State Insurance Department; and (viii) An entity that contracts with institutions of the Division of Correction or the Division of Community Correction to provide medical, dental, or pharmaceutical care to inmates. (B) "Submitting entity" does not include: (i) An entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage; (ii) An employee of a welfare benefit plan as defined by federal law that is also a trust established pursuant to collective bargaining subject to the Labor Management Relations Act, 1947, Pub. L. No. 80-101; or (iii) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, that is self-funded; and (10) "Unique identifier" means any identifier that is guaranteed to be unique among all identifiers for covered individuals but does not include direct personal identifiers. Amended by Act 2019, No. 910,§ 1017, eff. 7/1/2019. Amended by Act 2017, No. 979,§ 3, eff. 8/1/2017. Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.

As used in this subchapter:

(1) "Arkansas Healthcare Transparency Initiative" means an initiative to create a database, including ongoing all-payer claims database projects funded through the State Insurance Department, that receives and stores data from a submitting entity relating to medical, dental, and pharmaceutical and other insurance claims information, unique identifiers, and geographic and demographic information for covered individuals as permitted in this subchapter, and provider files, for the purposes of this subchapter;

(2) "Arkansas resident" means an individual for whom the submitting entity has identified an Arkansas address as the individual's primary place of residence;

(3) "Claims data" means information included in an institutional, professional, or pharmacy claim or equivalent information transaction for a covered individual, including the amount paid to a provider of healthcare services plus any amount owed by the covered individual;

(4) "Covered individual" means a natural person who is an Arkansas resident and is eligible to receive medical, dental, or pharmaceutical benefits under any policy, contract, certificate, evidence of coverage, rider, binder, or endorsement that provides for or describes coverage;

(5) (A) "Direct personal identifiers" means information relating to a covered individual that contains primary or obvious identifiers, such as the individual's name, street address, e-mail address, telephone number, and Social Security number. (B) "Direct personal identifiers" does not include geographic or demographic information that would not allow the identification of a covered individual;

(A) "Direct personal identifiers" means information relating to a covered individual that contains primary or obvious identifiers, such as the individual's name, street address, e-mail address, telephone number, and Social Security number.

(B) "Direct personal identifiers" does not include geographic or demographic information that would not allow the identification of a covered individual;

(6) "Enrollment data" means demographic information and other identifying information relating to covered individuals, including direct personal identifiers;

(7) "Protected health information" means health information as protected by the Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, as it existed on January 1, 2015;

(8) "Provider" means an individual or entity licensed by the state to provide healthcare services;

(9) (A) "Submitting entity" means: (i) An entity that provides health or dental insurance or a health or dental benefit plan in the state, including without limitation an insurance company, medical services plan, managed care organization, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year; (ii) A health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state, including without limitation benefits administered by a managed care organization whether or not the managed care organization had two thousand (2,000) covered individuals in the previous year; (iii) A health benefit plan offered or administered by or on behalf of the United States Government with the agreement of the United States Government; (iv) The Workers' Compensation Commission; (v) Any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, a third-party administrator, or a pharmacy benefits manager, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year; (vi) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and that is fully insured; (vii) A risk-based provider organization licensed by the State Insurance Department; and (viii) An entity that contracts with institutions of the Division of Correction or the Division of Community Correction to provide medical, dental, or pharmaceutical care to inmates. (B) "Submitting entity" does not include: (i) An entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage; (ii) An employee of a welfare benefit plan as defined by federal law that is also a trust established pursuant to collective bargaining subject to the Labor Management Relations Act, 1947, Pub. L. No. 80-101; or (iii) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, that is self-funded; and

(A) "Submitting entity" means: (i) An entity that provides health or dental insurance or a health or dental benefit plan in the state, including without limitation an insurance company, medical services plan, managed care organization, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year; (ii) A health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state, including without limitation benefits administered by a managed care organization whether or not the managed care organization had two thousand (2,000) covered individuals in the previous year; (iii) A health benefit plan offered or administered by or on behalf of the United States Government with the agreement of the United States Government; (iv) The Workers' Compensation Commission; (v) Any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, a third-party administrator, or a pharmacy benefits manager, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year; (vi) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and that is fully insured; (vii) A risk-based provider organization licensed by the State Insurance Department; and (viii) An entity that contracts with institutions of the Division of Correction or the Division of Community Correction to provide medical, dental, or pharmaceutical care to inmates.

(i) An entity that provides health or dental insurance or a health or dental benefit plan in the state, including without limitation an insurance company, medical services plan, managed care organization, hospital plan, hospital medical service corporation, health maintenance organization, or fraternal benefit society, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year;

(ii) A health benefit plan offered or administered by or on behalf of the state or an agency or instrumentality of the state, including without limitation benefits administered by a managed care organization whether or not the managed care organization had two thousand (2,000) covered individuals in the previous year;

(iii) A health benefit plan offered or administered by or on behalf of the United States Government with the agreement of the United States Government;

(iv) The Workers' Compensation Commission;

(v) Any other entity providing a plan of health insurance or health benefits subject to state insurance regulation, a third-party administrator, or a pharmacy benefits manager, provided that the entity has covered individuals and the entity had at least two thousand (2,000) covered individuals in the previous calendar year;

(vi) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, and that is fully insured;

(vii) A risk-based provider organization licensed by the State Insurance Department; and

(viii) An entity that contracts with institutions of the Division of Correction or the Division of Community Correction to provide medical, dental, or pharmaceutical care to inmates.

(B) "Submitting entity" does not include: (i) An entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage; (ii) An employee of a welfare benefit plan as defined by federal law that is also a trust established pursuant to collective bargaining subject to the Labor Management Relations Act, 1947, Pub. L. No. 80-101; or (iii) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, that is self-funded; and

(i) An entity that provides health insurance or a health benefit plan that is accident-only, specified disease, hospital indemnity, long-term care, disability income, or other supplemental benefit coverage;

(ii) An employee of a welfare benefit plan as defined by federal law that is also a trust established pursuant to collective bargaining subject to the Labor Management Relations Act, 1947, Pub. L. No. 80-101; or

(iii) A health benefit plan subject to the Employee Retirement Income Security Act of 1974, Pub. L. No. 93-406, that is self-funded; and

(10) "Unique identifier" means any identifier that is guaranteed to be unique among all identifiers for covered individuals but does not include direct personal identifiers.

Amended by Act 2019, No. 910,§ 1017, eff. 7/1/2019.

Amended by Act 2017, No. 979,§ 3, eff. 8/1/2017.

Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.
Ark. Code Ann. § 23-47-209 — AR Code / Title 23 / Chapter 47 / Subchapter 2 / Section 23-47-209
Savings promotion raffle - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Financial institution" means a banking institution that may accept deposits from depositors under any state or federal law, the accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and is a state or federally regulated institution. (B) "Financial institution" includes without limitation: (i) A state bank regulated by the State Bank Department or similar state regulator in the domicile of the state bank; (ii) A national bank or association; (iii) A state or federal savings and loan association; (iv) A mutual savings bank; (v) A state or federal credit union; and (vi) A community or rural development bank; (2) "Savings promotion deposit" means the specified amount of moneys required by a depositor to be deposited into a savings account to be entered in a savings promotion raffle; and (3) "Savings promotion raffle" means a raffle conducted by a financial institution in which the sole consideration required for a chance of winning designated prizes is the deposit of at least a specified amount of moneys into a savings account or other savings program offered by the financial institution. (b) A financial institution may conduct a savings promotion raffle for depositors who make a savings promotion deposit into a savings account of the financial institution. (c) A savings promotion raffle shall be conducted so that each savings promotion deposit provides a depositor with an equal chance of winning a prize as designated by the financial institution. Added by Act 2015, No. 589,§ 2, eff. 7/22/2015.

(a) As used in this section: (1) (A) "Financial institution" means a banking institution that may accept deposits from depositors under any state or federal law, the accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and is a state or federally regulated institution. (B) "Financial institution" includes without limitation: (i) A state bank regulated by the State Bank Department or similar state regulator in the domicile of the state bank; (ii) A national bank or association; (iii) A state or federal savings and loan association; (iv) A mutual savings bank; (v) A state or federal credit union; and (vi) A community or rural development bank; (2) "Savings promotion deposit" means the specified amount of moneys required by a depositor to be deposited into a savings account to be entered in a savings promotion raffle; and (3) "Savings promotion raffle" means a raffle conducted by a financial institution in which the sole consideration required for a chance of winning designated prizes is the deposit of at least a specified amount of moneys into a savings account or other savings program offered by the financial institution.

(1) (A) "Financial institution" means a banking institution that may accept deposits from depositors under any state or federal law, the accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and is a state or federally regulated institution. (B) "Financial institution" includes without limitation: (i) A state bank regulated by the State Bank Department or similar state regulator in the domicile of the state bank; (ii) A national bank or association; (iii) A state or federal savings and loan association; (iv) A mutual savings bank; (v) A state or federal credit union; and (vi) A community or rural development bank;

(A) "Financial institution" means a banking institution that may accept deposits from depositors under any state or federal law, the accounts of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, and is a state or federally regulated institution.

(B) "Financial institution" includes without limitation: (i) A state bank regulated by the State Bank Department or similar state regulator in the domicile of the state bank; (ii) A national bank or association; (iii) A state or federal savings and loan association; (iv) A mutual savings bank; (v) A state or federal credit union; and (vi) A community or rural development bank;

(i) A state bank regulated by the State Bank Department or similar state regulator in the domicile of the state bank;

(ii) A national bank or association;

(iii) A state or federal savings and loan association;

(iv) A mutual savings bank;

(v) A state or federal credit union; and

(vi) A community or rural development bank;

(2) "Savings promotion deposit" means the specified amount of moneys required by a depositor to be deposited into a savings account to be entered in a savings promotion raffle; and

(3) "Savings promotion raffle" means a raffle conducted by a financial institution in which the sole consideration required for a chance of winning designated prizes is the deposit of at least a specified amount of moneys into a savings account or other savings program offered by the financial institution.

(b) A financial institution may conduct a savings promotion raffle for depositors who make a savings promotion deposit into a savings account of the financial institution.

(c) A savings promotion raffle shall be conducted so that each savings promotion deposit provides a depositor with an equal chance of winning a prize as designated by the financial institution.

Added by Act 2015, No. 589,§ 2, eff. 7/22/2015.