Ark. Code Ann. § 23-81-404 — AR Code / Title 23 / Chapter 81 / Subchapter 4 / Section 23-81-404
Licensure requirements for delivery of contracts
Status: in_force

(a) No company shall deliver or issue for delivery within this state variable contracts unless it is licensed or organized to do a life insurance or annuity business in this state and unless the Insurance Commissioner is satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state. (b) (1) In this connection, the commissioner shall consider among other things: (A) The history and financial condition of the company; (B) The character, responsibility, and fitness of the officers and directors of the company; and (C) The law and regulation under which the company is authorized in the state of domicile to issue variable contracts. The state of entry of an alien company shall be deemed its place of domicile for this purpose. (2) If the company is a subsidiary of an admitted life insurance company or affiliated with such a company through common management or ownership, it may be deemed by the commissioner to have met the provisions of this section if either it or the parent or the affiliated company meets the requirements of this subsection. Acts 1975, No. 728, § 3; A.S.A. 1947, § 66-3339.

(a) No company shall deliver or issue for delivery within this state variable contracts unless it is licensed or organized to do a life insurance or annuity business in this state and unless the Insurance Commissioner is satisfied that its condition or method of operation in connection with the issuance of such contracts will not render its operation hazardous to the public or its policyholders in this state.

(b) (1) In this connection, the commissioner shall consider among other things: (A) The history and financial condition of the company; (B) The character, responsibility, and fitness of the officers and directors of the company; and (C) The law and regulation under which the company is authorized in the state of domicile to issue variable contracts. The state of entry of an alien company shall be deemed its place of domicile for this purpose. (2) If the company is a subsidiary of an admitted life insurance company or affiliated with such a company through common management or ownership, it may be deemed by the commissioner to have met the provisions of this section if either it or the parent or the affiliated company meets the requirements of this subsection.

(1) In this connection, the commissioner shall consider among other things: (A) The history and financial condition of the company; (B) The character, responsibility, and fitness of the officers and directors of the company; and (C) The law and regulation under which the company is authorized in the state of domicile to issue variable contracts. The state of entry of an alien company shall be deemed its place of domicile for this purpose.

(A) The history and financial condition of the company;

(B) The character, responsibility, and fitness of the officers and directors of the company; and

(C) The law and regulation under which the company is authorized in the state of domicile to issue variable contracts. The state of entry of an alien company shall be deemed its place of domicile for this purpose.

(2) If the company is a subsidiary of an admitted life insurance company or affiliated with such a company through common management or ownership, it may be deemed by the commissioner to have met the provisions of this section if either it or the parent or the affiliated company meets the requirements of this subsection.

Acts 1975, No. 728, § 3; A.S.A. 1947, § 66-3339.
Ark. Code Ann. § 23-19-204 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-204
Certificate of franchise authority - Fees
Status: in_force

The fees for a certificate of franchise authority to be collected by the Secretary of State include: (1) An application filing fee of one thousand five hundred dollars ($1,500) that includes the cost of issuance of a certificate of franchise authority by the Secretary of State; and (2) A fee of one hundred dollars ($100) for accepting an amendment to a certificate of franchise authority or providing a notice required by this subchapter. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

The fees for a certificate of franchise authority to be collected by the Secretary of State include:

(1) An application filing fee of one thousand five hundred dollars ($1,500) that includes the cost of issuance of a certificate of franchise authority by the Secretary of State; and

(2) A fee of one hundred dollars ($100) for accepting an amendment to a certificate of franchise authority or providing a notice required by this subchapter.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Ark. Code Ann. § 23-48-908 — AR Code / Title 23 / Chapter 48 / Subchapter 9 / Section 23-48-908
Enforcement
Status: in_force

If the Bank Commissioner determines that a branch maintained by an out-of-state state-chartered bank in Arkansas is being operated in violation of any provision of the laws of Arkansas, or that the branch is being operated in an unsafe or unsound manner, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the branch were a state bank, provided, that the commissioner shall promptly give notice to the home-state regulator of each enforcement action taken against an out-of-state state-chartered bank and, to the extent practicable, shall consult and cooperate with the home-state regulator in pursuing and resolving the enforcement action. Acts 1997, No. 408, § 20.

If the Bank Commissioner determines that a branch maintained by an out-of-state state-chartered bank in Arkansas is being operated in violation of any provision of the laws of Arkansas, or that the branch is being operated in an unsafe or unsound manner, the commissioner shall have the authority to take all such enforcement actions as he or she would be empowered to take if the branch were a state bank, provided, that the commissioner shall promptly give notice to the home-state regulator of each enforcement action taken against an out-of-state state-chartered bank and, to the extent practicable, shall consult and cooperate with the home-state regulator in pursuing and resolving the enforcement action.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-63-807 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-807
Loans guaranteed by United States
Status: in_force

An insurer may invest in loans guaranteed as to principal and interest by the United States, or by any agency or instrumentality of the United States, to the extent of the guaranty. Acts 1959, No. 148, § 103; A.S.A. 1947, § 66-2607.

An insurer may invest in loans guaranteed as to principal and interest by the United States, or by any agency or instrumentality of the United States, to the extent of the guaranty.

Acts 1959, No. 148, § 103; A.S.A. 1947, § 66-2607.
Ark. Code Ann. § 23-13-263 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-263
Lien declared to secure payment of fines and penalties
Status: in_force

To secure the payment of the fines and penalties provided for in this subchapter, a lien is declared and established upon the property of any person who has violated the provisions hereof and upon the property of any motor carrier whose agent, servant, or employee has violated the provisions of this subchapter. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.

To secure the payment of the fines and penalties provided for in this subchapter, a lien is declared and established upon the property of any person who has violated the provisions hereof and upon the property of any motor carrier whose agent, servant, or employee has violated the provisions of this subchapter.

Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
Ark. Code Ann. § 23-4-413 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-413
Surcharge to collect rates increased by courts
Status: in_force

(a) In the event that the rates set in the order of the Arkansas Public Service Commission subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitled to impose a surcharge on the affected customers for collection of the increased rates that otherwise would have been collected during the period between the effective date of the initial order and the effective date of the rates as increased, together with interest as determined by the commission at a rate not to exceed the maximum interest rate otherwise allowed by law. (b) This surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the rates, as increased. (c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the effective date of the rates, as increased. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

(a) In the event that the rates set in the order of the Arkansas Public Service Commission subsequently are determined to have been inadequate, either on rehearing or in accordance with court decision on judicial review, the public utility subject to the order shall be entitled to impose a surcharge on the affected customers for collection of the increased rates that otherwise would have been collected during the period between the effective date of the initial order and the effective date of the rates as increased, together with interest as determined by the commission at a rate not to exceed the maximum interest rate otherwise allowed by law.

(b) This surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the rates, as increased.

(c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the effective date of the rates, as increased.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-114-103 — AR Code / Title 23 / Chapter 114 / Subchapter 1 / Section 23-114-103
General provisions
Status: in_force

(a) The game of bingo or a raffle conducted by a licensed authorized organization shall not be a lottery prohibited by Arkansas Constitution, Article 19, § 14, if all net receipts over and above the actual cost of conducting the game of bingo or raffle are used only for charitable, religious, or philanthropic purposes. (b) (1) No net receipts from games of bingo or raffles shall be used to compensate in any manner any person who works for or is in any way affiliated with the licensed authorized organization. (2) (A) Charitable bingo or raffles shall only be conducted by a licensed authorized organization through its bona fide officers and members who volunteer their time and receive no compensation for their services. (B) A licensed authorized organization shall not conduct games of bingo or raffles through any agent or third party. (c) The provisions of this chapter are not intended and shall not be construed to allow the play of games of bingo or raffles through any electronic device or machine. Acts 2007, No. 388, § 1.

(a) The game of bingo or a raffle conducted by a licensed authorized organization shall not be a lottery prohibited by Arkansas Constitution, Article 19, § 14, if all net receipts over and above the actual cost of conducting the game of bingo or raffle are used only for charitable, religious, or philanthropic purposes.

(b) (1) No net receipts from games of bingo or raffles shall be used to compensate in any manner any person who works for or is in any way affiliated with the licensed authorized organization. (2) (A) Charitable bingo or raffles shall only be conducted by a licensed authorized organization through its bona fide officers and members who volunteer their time and receive no compensation for their services. (B) A licensed authorized organization shall not conduct games of bingo or raffles through any agent or third party.

(1) No net receipts from games of bingo or raffles shall be used to compensate in any manner any person who works for or is in any way affiliated with the licensed authorized organization.

(2) (A) Charitable bingo or raffles shall only be conducted by a licensed authorized organization through its bona fide officers and members who volunteer their time and receive no compensation for their services. (B) A licensed authorized organization shall not conduct games of bingo or raffles through any agent or third party.

(A) Charitable bingo or raffles shall only be conducted by a licensed authorized organization through its bona fide officers and members who volunteer their time and receive no compensation for their services.

(B) A licensed authorized organization shall not conduct games of bingo or raffles through any agent or third party.

(c) The provisions of this chapter are not intended and shall not be construed to allow the play of games of bingo or raffles through any electronic device or machine.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-51-190 — AR Code / Title 23 / Chapter 51 / Section 23-51-190
Subpoena power and examination under oath
Status: in_force

The Bank Commissioner shall have the power to subpoena witnesses, compel their attendance, require the production of evidence, administer oaths, and examine any person under oath in connection with any subject related to a duty imposed or a power vested in the commissioner. Acts 1997, No. 940, § 90.

The Bank Commissioner shall have the power to subpoena witnesses, compel their attendance, require the production of evidence, administer oaths, and examine any person under oath in connection with any subject related to a duty imposed or a power vested in the commissioner.

Acts 1997, No. 940, § 90.
Ark. Code Ann. § 23-13-704 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-704
Transportation network company permit required
Status: in_force

(a) An individual or entity shall not operate a transportation network company in this state without first having obtained a permit to operate a transportation network company from the Arkansas Public Service Commission. (b) The commission shall: (1) Issue forms for a transportation network company to demonstrate that it meets all requirements of this subchapter to obtain a permit; and (2) Issue a transportation network company permit to an applicant that: (A) Meets all qualifications of this subchapter; and (B) Pays an annual permit fee of fifteen thousand dollars ($15,000) to the commission. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) An individual or entity shall not operate a transportation network company in this state without first having obtained a permit to operate a transportation network company from the Arkansas Public Service Commission.

(b) The commission shall: (1) Issue forms for a transportation network company to demonstrate that it meets all requirements of this subchapter to obtain a permit; and (2) Issue a transportation network company permit to an applicant that: (A) Meets all qualifications of this subchapter; and (B) Pays an annual permit fee of fifteen thousand dollars ($15,000) to the commission.

(1) Issue forms for a transportation network company to demonstrate that it meets all requirements of this subchapter to obtain a permit; and

(2) Issue a transportation network company permit to an applicant that: (A) Meets all qualifications of this subchapter; and (B) Pays an annual permit fee of fifteen thousand dollars ($15,000) to the commission.

(A) Meets all qualifications of this subchapter; and

(B) Pays an annual permit fee of fifteen thousand dollars ($15,000) to the commission.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-86-505 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-505
Notice requirements
Status: in_force

In each sale of a health benefits plan to a proposed eligible employer through a health insurance purchasing group in which the health insurance purchasing group offers an option to an eligible employer to obtain a health benefits plan that, either in whole or in part, does not provide state-mandated health benefits or does not contain standard provisions as may be determined by rules of the Insurance Commissioner, the health insurance purchasing group, after the employer has selected its health benefit plan, shall provide to each eligible employee of the employer a written notice, in a form and manner as prescribed by rule promulgated by the commissioner, that one (1) or more mandated benefits are not included in the health benefit plan. Amended by Act 2019, No. 315,§ 2754, eff. 7/24/2019. Acts 2001, No. 925, § 5; 2003, No. 1358, § 3.

In each sale of a health benefits plan to a proposed eligible employer through a health insurance purchasing group in which the health insurance purchasing group offers an option to an eligible employer to obtain a health benefits plan that, either in whole or in part, does not provide state-mandated health benefits or does not contain standard provisions as may be determined by rules of the Insurance Commissioner, the health insurance purchasing group, after the employer has selected its health benefit plan, shall provide to each eligible employee of the employer a written notice, in a form and manner as prescribed by rule promulgated by the commissioner, that one (1) or more mandated benefits are not included in the health benefit plan.

Amended by Act 2019, No. 315,§ 2754, eff. 7/24/2019.

Acts 2001, No. 925, § 5; 2003, No. 1358, § 3.
Ark. Code Ann. § 23-54-107 — AR Code / Title 23 / Chapter 54 / Section 23-54-107
Lien
Status: in_force

(a) A reverse mortgage shall constitute a lien against the subject property to the extent of all advances made under the reverse mortgage and all interest accrued on the advances. (b) The lien shall have priority over any lien filed after recordation of the reverse mortgage. Acts 2005, No. 2166, § 1.

(a) A reverse mortgage shall constitute a lien against the subject property to the extent of all advances made under the reverse mortgage and all interest accrued on the advances.

(b) The lien shall have priority over any lien filed after recordation of the reverse mortgage.

Acts 2005, No. 2166, § 1.
Ark. Code Ann. § 23-80-301 — AR Code / Title 23 / Chapter 80 / Subchapter 3 / Section 23-80-301
Title
Status: in_force

This subchapter may be cited as the "Property and Casualty Insurance Policy Simplification Act". Acts 1981, No. 517, § 1; A.S.A. 1947, § 66-5801.

This subchapter may be cited as the "Property and Casualty Insurance Policy Simplification Act".

Acts 1981, No. 517, § 1; A.S.A. 1947, § 66-5801.
Ark. Code Ann. § 23-12-207 — AR Code / Title 23 / Chapter 12 / Subchapter 2 / Section 23-12-207
Transfer of ownership or responsibility of railroad right-of-way
Status: in_force

(a) Any municipality, county, regional mobility authority, or regional intermodal authority may choose to operate or lease for operation any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206 . (b) Any municipality, county, regional mobility authority, or regional intermodal authority acquiring ownership of any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206 shall be responsible for any maintenance of the abandoned rail line. Acts 2007, No. 747, § 1.

(a) Any municipality, county, regional mobility authority, or regional intermodal authority may choose to operate or lease for operation any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206 .

(b) Any municipality, county, regional mobility authority, or regional intermodal authority acquiring ownership of any railroad right-of-way obtained or preserved from the abandonment of a rail line under § 23-12-206 shall be responsible for any maintenance of the abandoned rail line.

Acts 2007, No. 747, § 1.
Ark. Code Ann. § 23-85-134 — AR Code / Title 23 / Chapter 85 / Section 23-85-134
Refund of unearned premiums upon death of insured
Status: in_force

(a) Upon the death of an insured, the proceeds payable to the insured or his or her estate under the policy of individual accident and health insurance, delivered or issued for delivery in this state after June 17, 1981, shall include premiums paid for accident and health insurance coverage for the insured for any period beyond the end of the policy month in which the death occurred. (b) Unearned premiums shall be paid in lump sum on a date no later than thirty (30) days after the proof of the insured's death has been furnished to the insurer. (c) This section shall be applicable to all individual contracts of accident and health insurance, including individual contracts issued by hospital and medical service corporations. Acts 1981, No. 811, §§ 1-3; A.S.A. 1947, §§ 66-3638 -- 66-3640; Acts 2001, No. 909, § 10.

(a) Upon the death of an insured, the proceeds payable to the insured or his or her estate under the policy of individual accident and health insurance, delivered or issued for delivery in this state after June 17, 1981, shall include premiums paid for accident and health insurance coverage for the insured for any period beyond the end of the policy month in which the death occurred.

(b) Unearned premiums shall be paid in lump sum on a date no later than thirty (30) days after the proof of the insured's death has been furnished to the insurer.

(c) This section shall be applicable to all individual contracts of accident and health insurance, including individual contracts issued by hospital and medical service corporations.

Acts 1981, No. 811, §§ 1-3; A.S.A. 1947, §§ 66-3638 -- 66-3640; Acts 2001, No. 909, § 10.
Ark. Code Ann. § 23-114-506 — AR Code / Title 23 / Chapter 114 / Subchapter 5 / Section 23-114-506
Items of bingo and raffle expense
Status: in_force

(a) Expenses that are reasonable and necessary to lawfully conduct games of bingo or raffles are allowable and include expenses incurred for: (1) Advertising, including the cost of printing bingo and raffle gift certificates; (2) Repairs to premises and equipment; (3) Bingo and raffle supplies and equipment; (4) Prizes; (5) Stated rental or mortgage and insurance expenses; (6) License fees; and (7) Bookkeeping or accounting services. (b) No person may be compensated for organizing, promoting, conducting, or otherwise administering a raffle or bingo event. Any such compensation is prohibited under this chapter and is not an allowable expense. Acts 2007, No. 388, § 1.

(a) Expenses that are reasonable and necessary to lawfully conduct games of bingo or raffles are allowable and include expenses incurred for: (1) Advertising, including the cost of printing bingo and raffle gift certificates; (2) Repairs to premises and equipment; (3) Bingo and raffle supplies and equipment; (4) Prizes; (5) Stated rental or mortgage and insurance expenses; (6) License fees; and (7) Bookkeeping or accounting services.

(1) Advertising, including the cost of printing bingo and raffle gift certificates;

(2) Repairs to premises and equipment;

(3) Bingo and raffle supplies and equipment;

(4) Prizes;

(5) Stated rental or mortgage and insurance expenses;

(6) License fees; and

(7) Bookkeeping or accounting services.

(b) No person may be compensated for organizing, promoting, conducting, or otherwise administering a raffle or bingo event. Any such compensation is prohibited under this chapter and is not an allowable expense.

Acts 2007, No. 388, § 1.