Ark. Code Ann. § 23-63-514 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-514
Registration of insurers
Status: in_force

(a) Registration. Every insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall register with the Insurance Commissioner, except: (1) A foreign insurer subject to disclosure requirements and standards adopted by code, statute, or regulation in the jurisdiction of its domicile that are substantially similar to those contained in this section; and (2) A domestic insurer or a domestic holding company system authorized and doing business solely within this state that: (A) Is not affiliated with a foreign or alien insurer; and (B) Reported less than seven million dollars ($7,000,000) in gross premium during the most recent annual reporting period. (b) Information and Form Required. Every insurer subject to registration shall file a registration statement on a form prescribed by the National Association of Insurance Commissioners, which shall contain current information about: (1) The capital structure, general financial condition, and ownership and management of the insurer and any person controlling the insurer; (2) The identity of every member of the insurance holding company system; (3) The following agreements in force, relationships subsisting, and transactions currently outstanding between the insurer and its affiliates: (A) Loans, other investments, purchases, sales, or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates; (B) Purchases, sales, or exchanges of assets; (C) Transactions not in the ordinary course of business; (D) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business; (E) All management and service contracts and all cost-sharing arrangements; (F) Reinsurance agreements covering all or substantially all of one (1) or more lines of insurance of the ceding company; (G) Dividends and other distributions to shareholders; and (H) Consolidated tax allocation agreements; (4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system; (5) (A) (i) If requested by the commissioner, the insurer shall include financial statements of or within an insurance holding company system, including all affiliates. (ii) Financial statements may include without limitation annual audited financial statements filed with the United States Securities and Exchange Commission pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., as it existed on January 1, 2017, or the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017. (B) An insurer required to file financial statements pursuant to this section may satisfy the request by providing the commissioner with the most recently filed parent corporation financial statements that have been filed with the United States Securities and Exchange Commission; (6) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the commissioner; and (7) Statements that the insurer's board of directors oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures. (c) Materiality. (1) No information need be disclosed on the registration statement filed pursuant to subsection (b) of this section if the information is not material for the purposes of this section. Unless the commissioner by rule or order provides otherwise, sales, purchases, exchanges, loans, or extensions of credit, or investments, involving one-half of one percent (0.5%) or less of an insurer's admitted assets as of the December 31 next-preceding shall not be deemed material for purposes of this section. (2) (A) However, each registered insurer shall disclose in writing to the commissioner within five (5) business days following the declaration of a dividend and no less than ten (10) business days prior to the payment of the dividend, all ordinary dividends payable to shareholders. (B) The disclosure shall also be included in the reporting insurer's next annual and restated insurance registration statement and upon any statutory filing required under § 23-63-514 or § 23-63-515 . (d) Amendments to Registration Statements. (1) (A) Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the commissioner within fifteen (15) days after the end of the month in which it learns of each material change or addition. (B) However, subject to § 23-63-515(c) , each registered insurer shall report all dividends and other distributions to shareholders within five (5) business days following the declaration and no less than ten (10) business days prior to the payment of the dividend or other distribution. (2) Registered insurers shall annually refile an amended and restated registration statement in the manner and at the times prescribed by the commissioner. (e) Termination of Registration. The commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system. (f) Consolidated Filing. The commissioner may require or allow two (2) or more affiliated insurers subject to registration hereunder to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements. (g) Alternative Registration. The commissioner may allow an insurer which is authorized to do business in this state and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) of this section and to file all information and material required to be filed under this section. (h) Exemptions. The provisions of this section shall not apply to any insurer, information, or transaction if, and to the extent that, the commissioner by rule or order shall exempt it from the provisions of this section. (i) Disclaimer. (1) Any person may file with the commissioner a disclaimer of affiliation with any authorized insurer, or the disclaimer may be filed by the insurer or any member of an insurance holding company system. (2) The disclaimer shall fully disclose all material relationships and bases for affiliation between the person and the insurer as well as the basis for disclaiming the affiliation. (3) After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this section which may arise out of the insurer's relationship with the person unless and until the commissioner disallows the disclaimer. (4) The commissioner shall disallow a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard and after making specific findings of fact to support the disallowance. (j) Information of Insurers. Any person within an insurance holding company system subject to registration shall be required to provide complete and accurate information to an insurer, when such information is reasonably necessary to enable the insurer to comply with the provisions of this subchapter. (k) Violations. The failure to file a registration statement or any amendment thereto required by this section within the time specified for the filing shall be a violation of this section. (l) Applicability. This section applies to domestic and foreign insurers or insurance holding company systems consistent with the definitions in § 23-63-503 . (m) Enterprise Risk Filing. The ultimate controlling person of an insurer registered under this section, to the best of the ultimate controlling person's knowledge and belief, shall file an annual enterprise risk report that: (1) Identifies the material risks within the insurance holding company system that may pose an enterprise risk to the insurer; and (2) Is filed with the insurance commissioner of the lead state of the insurance holding company system as determined by the Financial Analysis Handbook, as adopted by the National Association of Insurance Commissioners. Amended by Act 2019, No. 315,§ 2630, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2629, eff. 7/24/2019. Amended by Act 2017, No. 386,§ 3, eff. 8/1/2017. Amended by Act 2015, No. 1223,§ 9, eff. 7/22/2015. Acts 1971, No. 288, § 6; A.S.A. 1947, § 66-5006; Acts 1989, No. 772, § 2; 1991, No. 723, § 23; 1999, No. 454, § 1; 2005, No. 506, § 22; 2007, No. 496, § 9; 2011, No. 887, §§ 3, 4.

(a) Registration. Every insurer that is authorized to do business in this state and that is a member of an insurance holding company system shall register with the Insurance Commissioner, except: (1) A foreign insurer subject to disclosure requirements and standards adopted by code, statute, or regulation in the jurisdiction of its domicile that are substantially similar to those contained in this section; and (2) A domestic insurer or a domestic holding company system authorized and doing business solely within this state that: (A) Is not affiliated with a foreign or alien insurer; and (B) Reported less than seven million dollars ($7,000,000) in gross premium during the most recent annual reporting period.

(1) A foreign insurer subject to disclosure requirements and standards adopted by code, statute, or regulation in the jurisdiction of its domicile that are substantially similar to those contained in this section; and

(2) A domestic insurer or a domestic holding company system authorized and doing business solely within this state that: (A) Is not affiliated with a foreign or alien insurer; and (B) Reported less than seven million dollars ($7,000,000) in gross premium during the most recent annual reporting period.

(A) Is not affiliated with a foreign or alien insurer; and

(B) Reported less than seven million dollars ($7,000,000) in gross premium during the most recent annual reporting period.

(b) Information and Form Required. Every insurer subject to registration shall file a registration statement on a form prescribed by the National Association of Insurance Commissioners, which shall contain current information about: (1) The capital structure, general financial condition, and ownership and management of the insurer and any person controlling the insurer; (2) The identity of every member of the insurance holding company system; (3) The following agreements in force, relationships subsisting, and transactions currently outstanding between the insurer and its affiliates: (A) Loans, other investments, purchases, sales, or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates; (B) Purchases, sales, or exchanges of assets; (C) Transactions not in the ordinary course of business; (D) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business; (E) All management and service contracts and all cost-sharing arrangements; (F) Reinsurance agreements covering all or substantially all of one (1) or more lines of insurance of the ceding company; (G) Dividends and other distributions to shareholders; and (H) Consolidated tax allocation agreements; (4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system; (5) (A) (i) If requested by the commissioner, the insurer shall include financial statements of or within an insurance holding company system, including all affiliates. (ii) Financial statements may include without limitation annual audited financial statements filed with the United States Securities and Exchange Commission pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., as it existed on January 1, 2017, or the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017. (B) An insurer required to file financial statements pursuant to this section may satisfy the request by providing the commissioner with the most recently filed parent corporation financial statements that have been filed with the United States Securities and Exchange Commission; (6) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the commissioner; and (7) Statements that the insurer's board of directors oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures.

(1) The capital structure, general financial condition, and ownership and management of the insurer and any person controlling the insurer;

(2) The identity of every member of the insurance holding company system;

(3) The following agreements in force, relationships subsisting, and transactions currently outstanding between the insurer and its affiliates: (A) Loans, other investments, purchases, sales, or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates; (B) Purchases, sales, or exchanges of assets; (C) Transactions not in the ordinary course of business; (D) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business; (E) All management and service contracts and all cost-sharing arrangements; (F) Reinsurance agreements covering all or substantially all of one (1) or more lines of insurance of the ceding company; (G) Dividends and other distributions to shareholders; and (H) Consolidated tax allocation agreements;

(A) Loans, other investments, purchases, sales, or exchanges of securities of the affiliates by the insurer or of the insurer by its affiliates;

(B) Purchases, sales, or exchanges of assets;

(C) Transactions not in the ordinary course of business;

(D) Guarantees or undertakings for the benefit of an affiliate which result in an actual contingent exposure of the insurer's assets to liability, other than insurance contracts entered into in the ordinary course of the insurer's business;

(E) All management and service contracts and all cost-sharing arrangements;

(F) Reinsurance agreements covering all or substantially all of one (1) or more lines of insurance of the ceding company;

(G) Dividends and other distributions to shareholders; and

(H) Consolidated tax allocation agreements;

(4) Any pledge of the insurer's stock, including stock of any subsidiary or controlling affiliate, for a loan made to any member of the insurance holding company system;

(5) (A) (i) If requested by the commissioner, the insurer shall include financial statements of or within an insurance holding company system, including all affiliates. (ii) Financial statements may include without limitation annual audited financial statements filed with the United States Securities and Exchange Commission pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., as it existed on January 1, 2017, or the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017. (B) An insurer required to file financial statements pursuant to this section may satisfy the request by providing the commissioner with the most recently filed parent corporation financial statements that have been filed with the United States Securities and Exchange Commission;

(A) (i) If requested by the commissioner, the insurer shall include financial statements of or within an insurance holding company system, including all affiliates. (ii) Financial statements may include without limitation annual audited financial statements filed with the United States Securities and Exchange Commission pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., as it existed on January 1, 2017, or the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017.

(i) If requested by the commissioner, the insurer shall include financial statements of or within an insurance holding company system, including all affiliates.

(ii) Financial statements may include without limitation annual audited financial statements filed with the United States Securities and Exchange Commission pursuant to the Securities Act of 1933, 15 U.S.C. § 77a et seq., as it existed on January 1, 2017, or the Securities Exchange Act of 1934, 15 U.S.C. § 78a et seq., as it existed on January 1, 2017.

(B) An insurer required to file financial statements pursuant to this section may satisfy the request by providing the commissioner with the most recently filed parent corporation financial statements that have been filed with the United States Securities and Exchange Commission;

(6) Other matters concerning transactions between registered insurers and any affiliates as may be included from time to time in any registration forms adopted or approved by the commissioner; and

(7) Statements that the insurer's board of directors oversees corporate governance and internal controls and that the insurer's officers or senior management have approved, implemented, and continue to maintain and monitor corporate governance and internal control procedures.

(c) Materiality. (1) No information need be disclosed on the registration statement filed pursuant to subsection (b) of this section if the information is not material for the purposes of this section. Unless the commissioner by rule or order provides otherwise, sales, purchases, exchanges, loans, or extensions of credit, or investments, involving one-half of one percent (0.5%) or less of an insurer's admitted assets as of the December 31 next-preceding shall not be deemed material for purposes of this section. (2) (A) However, each registered insurer shall disclose in writing to the commissioner within five (5) business days following the declaration of a dividend and no less than ten (10) business days prior to the payment of the dividend, all ordinary dividends payable to shareholders. (B) The disclosure shall also be included in the reporting insurer's next annual and restated insurance registration statement and upon any statutory filing required under § 23-63-514 or § 23-63-515 .

(1) No information need be disclosed on the registration statement filed pursuant to subsection (b) of this section if the information is not material for the purposes of this section. Unless the commissioner by rule or order provides otherwise, sales, purchases, exchanges, loans, or extensions of credit, or investments, involving one-half of one percent (0.5%) or less of an insurer's admitted assets as of the December 31 next-preceding shall not be deemed material for purposes of this section.

(2) (A) However, each registered insurer shall disclose in writing to the commissioner within five (5) business days following the declaration of a dividend and no less than ten (10) business days prior to the payment of the dividend, all ordinary dividends payable to shareholders. (B) The disclosure shall also be included in the reporting insurer's next annual and restated insurance registration statement and upon any statutory filing required under § 23-63-514 or § 23-63-515 .

(A) However, each registered insurer shall disclose in writing to the commissioner within five (5) business days following the declaration of a dividend and no less than ten (10) business days prior to the payment of the dividend, all ordinary dividends payable to shareholders.

(B) The disclosure shall also be included in the reporting insurer's next annual and restated insurance registration statement and upon any statutory filing required under § 23-63-514 or § 23-63-515 .

(d) Amendments to Registration Statements. (1) (A) Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the commissioner within fifteen (15) days after the end of the month in which it learns of each material change or addition. (B) However, subject to § 23-63-515(c) , each registered insurer shall report all dividends and other distributions to shareholders within five (5) business days following the declaration and no less than ten (10) business days prior to the payment of the dividend or other distribution. (2) Registered insurers shall annually refile an amended and restated registration statement in the manner and at the times prescribed by the commissioner.

(1) (A) Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the commissioner within fifteen (15) days after the end of the month in which it learns of each material change or addition. (B) However, subject to § 23-63-515(c) , each registered insurer shall report all dividends and other distributions to shareholders within five (5) business days following the declaration and no less than ten (10) business days prior to the payment of the dividend or other distribution.

(A) Each registered insurer shall keep current the information required to be disclosed in its registration statement by reporting all material changes or additions on amendment forms provided by the commissioner within fifteen (15) days after the end of the month in which it learns of each material change or addition.

(B) However, subject to § 23-63-515(c) , each registered insurer shall report all dividends and other distributions to shareholders within five (5) business days following the declaration and no less than ten (10) business days prior to the payment of the dividend or other distribution.

(2) Registered insurers shall annually refile an amended and restated registration statement in the manner and at the times prescribed by the commissioner.

(e) Termination of Registration. The commissioner shall terminate the registration of any insurer which demonstrates that it no longer is a member of an insurance holding company system.

(f) Consolidated Filing. The commissioner may require or allow two (2) or more affiliated insurers subject to registration hereunder to file a consolidated registration statement or consolidated reports amending their consolidated registration statement or their individual registration statements.

(g) Alternative Registration. The commissioner may allow an insurer which is authorized to do business in this state and which is part of an insurance holding company system to register on behalf of any affiliated insurer which is required to register under subsection (a) of this section and to file all information and material required to be filed under this section.

(h) Exemptions. The provisions of this section shall not apply to any insurer, information, or transaction if, and to the extent that, the commissioner by rule or order shall exempt it from the provisions of this section.

(i) Disclaimer. (1) Any person may file with the commissioner a disclaimer of affiliation with any authorized insurer, or the disclaimer may be filed by the insurer or any member of an insurance holding company system. (2) The disclaimer shall fully disclose all material relationships and bases for affiliation between the person and the insurer as well as the basis for disclaiming the affiliation. (3) After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this section which may arise out of the insurer's relationship with the person unless and until the commissioner disallows the disclaimer. (4) The commissioner shall disallow a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard and after making specific findings of fact to support the disallowance.

(1) Any person may file with the commissioner a disclaimer of affiliation with any authorized insurer, or the disclaimer may be filed by the insurer or any member of an insurance holding company system.

(2) The disclaimer shall fully disclose all material relationships and bases for affiliation between the person and the insurer as well as the basis for disclaiming the affiliation.

(3) After a disclaimer has been filed, the insurer shall be relieved of any duty to register or report under this section which may arise out of the insurer's relationship with the person unless and until the commissioner disallows the disclaimer.

(4) The commissioner shall disallow a disclaimer only after furnishing all parties in interest with notice and opportunity to be heard and after making specific findings of fact to support the disallowance.

(j) Information of Insurers. Any person within an insurance holding company system subject to registration shall be required to provide complete and accurate information to an insurer, when such information is reasonably necessary to enable the insurer to comply with the provisions of this subchapter.

(k) Violations. The failure to file a registration statement or any amendment thereto required by this section within the time specified for the filing shall be a violation of this section.

(l) Applicability. This section applies to domestic and foreign insurers or insurance holding company systems consistent with the definitions in § 23-63-503 .

(m) Enterprise Risk Filing. The ultimate controlling person of an insurer registered under this section, to the best of the ultimate controlling person's knowledge and belief, shall file an annual enterprise risk report that: (1) Identifies the material risks within the insurance holding company system that may pose an enterprise risk to the insurer; and (2) Is filed with the insurance commissioner of the lead state of the insurance holding company system as determined by the Financial Analysis Handbook, as adopted by the National Association of Insurance Commissioners.

(1) Identifies the material risks within the insurance holding company system that may pose an enterprise risk to the insurer; and

(2) Is filed with the insurance commissioner of the lead state of the insurance holding company system as determined by the Financial Analysis Handbook, as adopted by the National Association of Insurance Commissioners.

Amended by Act 2019, No. 315,§ 2630, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2629, eff. 7/24/2019.

Amended by Act 2017, No. 386,§ 3, eff. 8/1/2017.

Amended by Act 2015, No. 1223,§ 9, eff. 7/22/2015.

Acts 1971, No. 288, § 6; A.S.A. 1947, § 66-5006; Acts 1989, No. 772, § 2; 1991, No. 723, § 23; 1999, No. 454, § 1; 2005, No. 506, § 22; 2007, No. 496, § 9; 2011, No. 887, §§ 3, 4.
Ark. Code Ann. § 23-17-226 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-226
Filing fees
Status: in_force

The Secretary of State shall charge and collect for: (1) Filing articles of incorporation and issuing a certificate of incorporation - ten dollars ($10.00); (2) Filing articles of amendment and issuing a certificate of amendment - ten dollars ($10.00); (3) Filing articles of consolidation and issuing a certificate with respect to consolidation - ten dollars ($10.00); and (4) Filing a certificate of dissolution - one dollar ($1.00). Acts 1951, No. 51, § 30; A.S.A. 1947, § 77-1630.

The Secretary of State shall charge and collect for:

(1) Filing articles of incorporation and issuing a certificate of incorporation - ten dollars ($10.00);

(2) Filing articles of amendment and issuing a certificate of amendment - ten dollars ($10.00);

(3) Filing articles of consolidation and issuing a certificate with respect to consolidation - ten dollars ($10.00); and

(4) Filing a certificate of dissolution - one dollar ($1.00).

Acts 1951, No. 51, § 30; A.S.A. 1947, § 77-1630.
Ark. Code Ann. § 23-17-501 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-501
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest; (2) Wireless and broadband products and services are a significant and continually growing part of the state's economy, and accordingly, encouraging the development of strong and robust wireless and broadband communications networks throughout the state is integral to the state's economic competitiveness; (3) Rapid deployment of small wireless facilities will serve numerous important statewide goals and the public policy of: (A) Meeting growing consumer demand for wireless data; (B) Increasing competitive options for communications services available to the state's residents; and (C) Promoting the ability of the state's citizens to communicate with other citizens and with their state and municipalities, and promoting public safety; (4) Small wireless facilities, including facilities commonly referred to as "small cells" and distributed antenna systems are often deployed most effectively in a public right-of-way; (5) To meet the key objectives of this subchapter and federal law, wireless service providers must have access to public rights-of-way and the ability to attach to infrastructure located in public rights-of-way to increase the density of the wireless service providers' networks and provide next-generation wireless services; (6) Rates and fees for the permitting and deployment of small wireless facilities in public rights-of-way and on authority infrastructure, including poles, throughout the state, consistent with federal law, is reasonable and will encourage the deployment of robust next-generation wireless and broadband networks for the benefit of citizens throughout the state; (7) The procedures, rates, and fees in this subchapter are: (A) Consistent with federal law and multiple ordinances adopted by municipalities throughout the state; (B) Fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and (C) Reflective of a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the public rights-of-way and the attachment space provided on authority infrastructure in the public rights-of-way; (8) Municipalities are the custodians of public rights-of-way, and public property within the public rights-of-way, within the limits of their respective jurisdictions; (9) Municipalities may adopt ordinances and regulations governing the use, construction, development, and appearance of public and private property within their respective jurisdictions; and (10) Municipalities recognize the economic and social value of data connectivity and desire to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities within the public rights-of-way in a manner that is: (A) Safe; (B) Compatible with and complementary to the provision of services by the municipality and others lawfully using the rights-of-way; and (C) Consistent with the aesthetic standards of the municipality. (b) It is the intent of the General Assembly that the operation of small wireless facilities is a matter of statewide concern and interest. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) The General Assembly finds that: (1) The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest; (2) Wireless and broadband products and services are a significant and continually growing part of the state's economy, and accordingly, encouraging the development of strong and robust wireless and broadband communications networks throughout the state is integral to the state's economic competitiveness; (3) Rapid deployment of small wireless facilities will serve numerous important statewide goals and the public policy of: (A) Meeting growing consumer demand for wireless data; (B) Increasing competitive options for communications services available to the state's residents; and (C) Promoting the ability of the state's citizens to communicate with other citizens and with their state and municipalities, and promoting public safety; (4) Small wireless facilities, including facilities commonly referred to as "small cells" and distributed antenna systems are often deployed most effectively in a public right-of-way; (5) To meet the key objectives of this subchapter and federal law, wireless service providers must have access to public rights-of-way and the ability to attach to infrastructure located in public rights-of-way to increase the density of the wireless service providers' networks and provide next-generation wireless services; (6) Rates and fees for the permitting and deployment of small wireless facilities in public rights-of-way and on authority infrastructure, including poles, throughout the state, consistent with federal law, is reasonable and will encourage the deployment of robust next-generation wireless and broadband networks for the benefit of citizens throughout the state; (7) The procedures, rates, and fees in this subchapter are: (A) Consistent with federal law and multiple ordinances adopted by municipalities throughout the state; (B) Fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and (C) Reflective of a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the public rights-of-way and the attachment space provided on authority infrastructure in the public rights-of-way; (8) Municipalities are the custodians of public rights-of-way, and public property within the public rights-of-way, within the limits of their respective jurisdictions; (9) Municipalities may adopt ordinances and regulations governing the use, construction, development, and appearance of public and private property within their respective jurisdictions; and (10) Municipalities recognize the economic and social value of data connectivity and desire to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities within the public rights-of-way in a manner that is: (A) Safe; (B) Compatible with and complementary to the provision of services by the municipality and others lawfully using the rights-of-way; and (C) Consistent with the aesthetic standards of the municipality.

(1) The deployment of small wireless facilities and other next-generation wireless and broadband network facilities is a matter of federal and statewide concern and interest;

(2) Wireless and broadband products and services are a significant and continually growing part of the state's economy, and accordingly, encouraging the development of strong and robust wireless and broadband communications networks throughout the state is integral to the state's economic competitiveness;

(3) Rapid deployment of small wireless facilities will serve numerous important statewide goals and the public policy of: (A) Meeting growing consumer demand for wireless data; (B) Increasing competitive options for communications services available to the state's residents; and (C) Promoting the ability of the state's citizens to communicate with other citizens and with their state and municipalities, and promoting public safety;

(A) Meeting growing consumer demand for wireless data;

(B) Increasing competitive options for communications services available to the state's residents; and

(C) Promoting the ability of the state's citizens to communicate with other citizens and with their state and municipalities, and promoting public safety;

(4) Small wireless facilities, including facilities commonly referred to as "small cells" and distributed antenna systems are often deployed most effectively in a public right-of-way;

(5) To meet the key objectives of this subchapter and federal law, wireless service providers must have access to public rights-of-way and the ability to attach to infrastructure located in public rights-of-way to increase the density of the wireless service providers' networks and provide next-generation wireless services;

(6) Rates and fees for the permitting and deployment of small wireless facilities in public rights-of-way and on authority infrastructure, including poles, throughout the state, consistent with federal law, is reasonable and will encourage the deployment of robust next-generation wireless and broadband networks for the benefit of citizens throughout the state;

(7) The procedures, rates, and fees in this subchapter are: (A) Consistent with federal law and multiple ordinances adopted by municipalities throughout the state; (B) Fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and (C) Reflective of a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the public rights-of-way and the attachment space provided on authority infrastructure in the public rights-of-way;

(A) Consistent with federal law and multiple ordinances adopted by municipalities throughout the state;

(B) Fair and reasonable when viewed from the perspective of the state's citizens and the state's interest in having robust, reliable, and technologically advanced wireless and broadband networks; and

(C) Reflective of a balancing of the interests of the wireless providers deploying new facilities and the interests of authorities in recovering their costs of managing access to the public rights-of-way and the attachment space provided on authority infrastructure in the public rights-of-way;

(8) Municipalities are the custodians of public rights-of-way, and public property within the public rights-of-way, within the limits of their respective jurisdictions;

(9) Municipalities may adopt ordinances and regulations governing the use, construction, development, and appearance of public and private property within their respective jurisdictions; and

(10) Municipalities recognize the economic and social value of data connectivity and desire to encourage wireless infrastructure investment by providing a fair and predictable process for the deployment of small wireless facilities within the public rights-of-way in a manner that is: (A) Safe; (B) Compatible with and complementary to the provision of services by the municipality and others lawfully using the rights-of-way; and (C) Consistent with the aesthetic standards of the municipality.

(A) Safe;

(B) Compatible with and complementary to the provision of services by the municipality and others lawfully using the rights-of-way; and

(C) Consistent with the aesthetic standards of the municipality.

(b) It is the intent of the General Assembly that the operation of small wireless facilities is a matter of statewide concern and interest.

Added by Act 2019, No. 999,§ 1, eff. 9/1/2019.

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-2-425 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-425
Appeals from department
Status: in_force

(a) (1) Within thirty (30) days after the entry on the record of the Arkansas Department of Transportation of any order made by it, any party aggrieved may file a written motion with the secretary of the department praying for appeal from the order to the Pulaski County Circuit Court. (2) Thereupon, the appeal shall be automatically deemed as granted as a matter of right without any further order. (3) Upon the granting of the appeal, the secretary shall at once make a full and complete transcript of all proceedings had before the department in the matter and of all evidence before it in the matter, including all files therein. (4) The secretary shall deposit the transcript in the office of the clerk of the circuit court immediately. (5) The appeal shall be given preference over all other cases on the docket of the circuit court. (6) Upon the filing of the motion of the appeal and at any time thereafter, the circuit court or its circuit judge shall have the right to issue such temporary or preliminary orders as to it or him or her may seem proper until a final decree is rendered. (7) The circuit court shall thereupon review the order upon the record presented in the case and enter its finding and order thereon. It shall cause the order to be certified to the department immediately. The order shall direct that action be taken by the department in conformity with it unless an appeal from the order to the Supreme Court shall be taken within the time specified in subsection (b) of this section and in case of such an appeal to await further orders of the circuit court. (b) (1) Within thirty (30) days after rendition of any order of any circuit court under the terms of this act, whether such an order is rendered on appeal of municipal council action, city commission action, or department action, any party aggrieved may file a motion in writing in the circuit court or in the office of the clerk thereof praying an appeal from such an order to the Supreme Court. (2) The motion, when so filed, shall be granted as a matter of right by the circuit court or by the clerk thereof. (3) The appeal to the Supreme Court shall be governed by the procedure and reviewed in the manner applicable to other appeals from the circuit court. However, any finding of fact by the circuit court shall not be binding on the Supreme Court, and the Supreme Court may and shall review all the evidence and make such findings of fact and law as it may deem just, proper, and equitable. (4) The record shall be lodged in the office of the Clerk of the Supreme Court within sixty (60) days from the rendition of the order in the circuit court. (5) All such cases shall be regarded and treated in the Supreme Court as cases involving public interest and shall be advanced and given preference on the docket of the court on motion of either party. Amended by Act 2017, No. 707,§ 103, eff. 8/1/2017. Acts 1921, No. 124, §§ 20, 21; Pope's Dig., §§ 2019, 2020; A.S.A. 1947, §§ 73-133, 73-134.

(a) (1) Within thirty (30) days after the entry on the record of the Arkansas Department of Transportation of any order made by it, any party aggrieved may file a written motion with the secretary of the department praying for appeal from the order to the Pulaski County Circuit Court. (2) Thereupon, the appeal shall be automatically deemed as granted as a matter of right without any further order. (3) Upon the granting of the appeal, the secretary shall at once make a full and complete transcript of all proceedings had before the department in the matter and of all evidence before it in the matter, including all files therein. (4) The secretary shall deposit the transcript in the office of the clerk of the circuit court immediately. (5) The appeal shall be given preference over all other cases on the docket of the circuit court. (6) Upon the filing of the motion of the appeal and at any time thereafter, the circuit court or its circuit judge shall have the right to issue such temporary or preliminary orders as to it or him or her may seem proper until a final decree is rendered. (7) The circuit court shall thereupon review the order upon the record presented in the case and enter its finding and order thereon. It shall cause the order to be certified to the department immediately. The order shall direct that action be taken by the department in conformity with it unless an appeal from the order to the Supreme Court shall be taken within the time specified in subsection (b) of this section and in case of such an appeal to await further orders of the circuit court.

(1) Within thirty (30) days after the entry on the record of the Arkansas Department of Transportation of any order made by it, any party aggrieved may file a written motion with the secretary of the department praying for appeal from the order to the Pulaski County Circuit Court.

(2) Thereupon, the appeal shall be automatically deemed as granted as a matter of right without any further order.

(3) Upon the granting of the appeal, the secretary shall at once make a full and complete transcript of all proceedings had before the department in the matter and of all evidence before it in the matter, including all files therein.

(4) The secretary shall deposit the transcript in the office of the clerk of the circuit court immediately.

(5) The appeal shall be given preference over all other cases on the docket of the circuit court.

(6) Upon the filing of the motion of the appeal and at any time thereafter, the circuit court or its circuit judge shall have the right to issue such temporary or preliminary orders as to it or him or her may seem proper until a final decree is rendered.

(7) The circuit court shall thereupon review the order upon the record presented in the case and enter its finding and order thereon. It shall cause the order to be certified to the department immediately. The order shall direct that action be taken by the department in conformity with it unless an appeal from the order to the Supreme Court shall be taken within the time specified in subsection (b) of this section and in case of such an appeal to await further orders of the circuit court.

(b) (1) Within thirty (30) days after rendition of any order of any circuit court under the terms of this act, whether such an order is rendered on appeal of municipal council action, city commission action, or department action, any party aggrieved may file a motion in writing in the circuit court or in the office of the clerk thereof praying an appeal from such an order to the Supreme Court. (2) The motion, when so filed, shall be granted as a matter of right by the circuit court or by the clerk thereof. (3) The appeal to the Supreme Court shall be governed by the procedure and reviewed in the manner applicable to other appeals from the circuit court. However, any finding of fact by the circuit court shall not be binding on the Supreme Court, and the Supreme Court may and shall review all the evidence and make such findings of fact and law as it may deem just, proper, and equitable. (4) The record shall be lodged in the office of the Clerk of the Supreme Court within sixty (60) days from the rendition of the order in the circuit court. (5) All such cases shall be regarded and treated in the Supreme Court as cases involving public interest and shall be advanced and given preference on the docket of the court on motion of either party.

(1) Within thirty (30) days after rendition of any order of any circuit court under the terms of this act, whether such an order is rendered on appeal of municipal council action, city commission action, or department action, any party aggrieved may file a motion in writing in the circuit court or in the office of the clerk thereof praying an appeal from such an order to the Supreme Court.

(2) The motion, when so filed, shall be granted as a matter of right by the circuit court or by the clerk thereof.

(3) The appeal to the Supreme Court shall be governed by the procedure and reviewed in the manner applicable to other appeals from the circuit court. However, any finding of fact by the circuit court shall not be binding on the Supreme Court, and the Supreme Court may and shall review all the evidence and make such findings of fact and law as it may deem just, proper, and equitable.

(4) The record shall be lodged in the office of the Clerk of the Supreme Court within sixty (60) days from the rendition of the order in the circuit court.

(5) All such cases shall be regarded and treated in the Supreme Court as cases involving public interest and shall be advanced and given preference on the docket of the court on motion of either party.

Amended by Act 2017, No. 707,§ 103, eff. 8/1/2017.

Acts 1921, No. 124, §§ 20, 21; Pope's Dig., §§ 2019, 2020; A.S.A. 1947, §§ 73-133, 73-134.
Ark. Code Ann. § 23-61-501 — AR Code / Title 23 / Chapter 61 / Subchapter 5 / Section 23-61-501
Purpose
Status: in_force

The purpose of this subchapter is to: (1) Enable the State of Arkansas to determine jurisdiction over the providers of healthcare benefits described in § 23-61-503 ; (2) Allow examinations by this state unless the provider of healthcare benefits is able to show it is not subject to the jurisdiction of the State Insurance Department; and (3) Make the provider of healthcare benefits subject to the applicable laws of this state unless it can show that it is not subject to the jurisdiction of the department. Acts 1983, No. 728, § 1; A.S.A. 1947, § 66-2019; Acts 2003, No. 516, § 1.

The purpose of this subchapter is to:

(1) Enable the State of Arkansas to determine jurisdiction over the providers of healthcare benefits described in § 23-61-503 ;

(2) Allow examinations by this state unless the provider of healthcare benefits is able to show it is not subject to the jurisdiction of the State Insurance Department; and

(3) Make the provider of healthcare benefits subject to the applicable laws of this state unless it can show that it is not subject to the jurisdiction of the department.

Acts 1983, No. 728, § 1; A.S.A. 1947, § 66-2019; Acts 2003, No. 516, § 1.
Ark. Code Ann. § 23-63-826 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-826
Real estate mortgages - Definition
Status: in_force

(a) (1) An insurer may invest any of its funds in bonds, notes, or other evidences of indebtedness which are secured by first mortgages or deeds of trust upon improved real property located in the United States or which are secured by first mortgages or deeds of trust upon leasehold estates having an unexpired term of not less than twenty-one (21) years, inclusive of the terms which may be provided by enforceable options of renewal, in improved real property located in the United States. (2) Investments made under this section may be effected by acquisition or by agreement to acquire, in the form of a guaranty, credit draw arrangement, or other like form. (3) In all cases the security for the loan must be a first lien upon the real property, and there must not be any condition or right of reentry or forfeiture not insured against, under which, in the case of real property other than leaseholds, the lien can be cut off or subordinated or otherwise disturbed or under which, in the case of leaseholds, the insurer is unable to continue the lease in force for the duration of the loan. (4) Nothing in this subsection shall prohibit any investment by reason of the existence of any prior lien for grounds rents, taxes, assessments, or other similar charges not yet delinquent. (5) This section shall not be deemed to prohibit investment in mortgages or similar obligations when made under § 23-63-824 as to foreign securities. (b) "Improved real estate" means all farmlands used for tillage, crop or pasture, timberlands, and all real estate on which permanent improvements suitable for residence, institutional, commercial, or industrial use are, or are being, situated. (c) (1) No mortgage loan made or acquired by an insurer on any one (1) property shall, at the time of investment by the insurer, exceed the larger of the following amounts, as applicable: (A) Three-fourths (3/4) of the value of real property or leasehold securing the loan; (B) The amount of any insurance or guaranty of the loan by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact business in this state; or (C) Three-fourths (3/4) of the value of the real property or leasehold securing the loan, plus the amount by which the excess of the loan over the three-fourths (3/4) is insured or guaranteed by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact such business in this state. (2) Except that, in the case of a purchase money mortgage given to secure the purchase price of real estate sold by the insurer, the amount so loaned or invested shall not exceed the unpaid portion of the purchase price. (d) No mortgage loan shall be made or acquired by an insurer except after an appraisal has been made by a competent appraiser for the purpose of the investment. (e) No mortgage loan made or acquired by an insurer which is a participation or a part of a series or issue secured by the same mortgage or deed of trust shall be a lawful investment under this section unless the entire series or issue which is secured by the same mortgage or deed of trust is held by the insurer or unless the insurer holds a participation in such a mortgage or deed of trust, giving it and other holders of the issue substantially the rights of a first mortgagee. (f) No mortgage loan upon a leasehold shall be made or acquired pursuant to this section unless the terms thereof shall provide for amortization payments to be made by the borrower on the principal thereof at least once in each year in amounts sufficient to amortize the loan completely within a period of four-fifths (4/5) of the term of the leasehold, inclusive of the terms which may be provided by enforceable options of renewal, which is unexpired at the time the loan is made, but in no event exceeding thirty-five (35) years. Acts 1959, No. 148, § 122; 1961, No. 466, § 8; 1973, No. 177, § 1; 1983, No. 800, § 1; A.S.A. 1947, § 66-2626.

(a) (1) An insurer may invest any of its funds in bonds, notes, or other evidences of indebtedness which are secured by first mortgages or deeds of trust upon improved real property located in the United States or which are secured by first mortgages or deeds of trust upon leasehold estates having an unexpired term of not less than twenty-one (21) years, inclusive of the terms which may be provided by enforceable options of renewal, in improved real property located in the United States. (2) Investments made under this section may be effected by acquisition or by agreement to acquire, in the form of a guaranty, credit draw arrangement, or other like form. (3) In all cases the security for the loan must be a first lien upon the real property, and there must not be any condition or right of reentry or forfeiture not insured against, under which, in the case of real property other than leaseholds, the lien can be cut off or subordinated or otherwise disturbed or under which, in the case of leaseholds, the insurer is unable to continue the lease in force for the duration of the loan. (4) Nothing in this subsection shall prohibit any investment by reason of the existence of any prior lien for grounds rents, taxes, assessments, or other similar charges not yet delinquent. (5) This section shall not be deemed to prohibit investment in mortgages or similar obligations when made under § 23-63-824 as to foreign securities.

(1) An insurer may invest any of its funds in bonds, notes, or other evidences of indebtedness which are secured by first mortgages or deeds of trust upon improved real property located in the United States or which are secured by first mortgages or deeds of trust upon leasehold estates having an unexpired term of not less than twenty-one (21) years, inclusive of the terms which may be provided by enforceable options of renewal, in improved real property located in the United States.

(2) Investments made under this section may be effected by acquisition or by agreement to acquire, in the form of a guaranty, credit draw arrangement, or other like form.

(3) In all cases the security for the loan must be a first lien upon the real property, and there must not be any condition or right of reentry or forfeiture not insured against, under which, in the case of real property other than leaseholds, the lien can be cut off or subordinated or otherwise disturbed or under which, in the case of leaseholds, the insurer is unable to continue the lease in force for the duration of the loan.

(4) Nothing in this subsection shall prohibit any investment by reason of the existence of any prior lien for grounds rents, taxes, assessments, or other similar charges not yet delinquent.

(5) This section shall not be deemed to prohibit investment in mortgages or similar obligations when made under § 23-63-824 as to foreign securities.

(b) "Improved real estate" means all farmlands used for tillage, crop or pasture, timberlands, and all real estate on which permanent improvements suitable for residence, institutional, commercial, or industrial use are, or are being, situated.

(c) (1) No mortgage loan made or acquired by an insurer on any one (1) property shall, at the time of investment by the insurer, exceed the larger of the following amounts, as applicable: (A) Three-fourths (3/4) of the value of real property or leasehold securing the loan; (B) The amount of any insurance or guaranty of the loan by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact business in this state; or (C) Three-fourths (3/4) of the value of the real property or leasehold securing the loan, plus the amount by which the excess of the loan over the three-fourths (3/4) is insured or guaranteed by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact such business in this state. (2) Except that, in the case of a purchase money mortgage given to secure the purchase price of real estate sold by the insurer, the amount so loaned or invested shall not exceed the unpaid portion of the purchase price.

(1) No mortgage loan made or acquired by an insurer on any one (1) property shall, at the time of investment by the insurer, exceed the larger of the following amounts, as applicable: (A) Three-fourths (3/4) of the value of real property or leasehold securing the loan; (B) The amount of any insurance or guaranty of the loan by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact business in this state; or (C) Three-fourths (3/4) of the value of the real property or leasehold securing the loan, plus the amount by which the excess of the loan over the three-fourths (3/4) is insured or guaranteed by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact such business in this state.

(A) Three-fourths (3/4) of the value of real property or leasehold securing the loan;

(B) The amount of any insurance or guaranty of the loan by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact business in this state; or

(C) Three-fourths (3/4) of the value of the real property or leasehold securing the loan, plus the amount by which the excess of the loan over the three-fourths (3/4) is insured or guaranteed by the United States or by any agency or instrumentality thereof or, with respect to single-family dwellings, by a mortgage insurance company authorized to transact such business in this state.

(2) Except that, in the case of a purchase money mortgage given to secure the purchase price of real estate sold by the insurer, the amount so loaned or invested shall not exceed the unpaid portion of the purchase price.

(d) No mortgage loan shall be made or acquired by an insurer except after an appraisal has been made by a competent appraiser for the purpose of the investment.

(e) No mortgage loan made or acquired by an insurer which is a participation or a part of a series or issue secured by the same mortgage or deed of trust shall be a lawful investment under this section unless the entire series or issue which is secured by the same mortgage or deed of trust is held by the insurer or unless the insurer holds a participation in such a mortgage or deed of trust, giving it and other holders of the issue substantially the rights of a first mortgagee.

(f) No mortgage loan upon a leasehold shall be made or acquired pursuant to this section unless the terms thereof shall provide for amortization payments to be made by the borrower on the principal thereof at least once in each year in amounts sufficient to amortize the loan completely within a period of four-fifths (4/5) of the term of the leasehold, inclusive of the terms which may be provided by enforceable options of renewal, which is unexpired at the time the loan is made, but in no event exceeding thirty-five (35) years.

Acts 1959, No. 148, § 122; 1961, No. 466, § 8; 1973, No. 177, § 1; 1983, No. 800, § 1; A.S.A. 1947, § 66-2626.
Ark. Code Ann. § 23-76-103 — AR Code / Title 23 / Chapter 76 / Section 23-76-103
Applicability of Arkansas Insurance Code and laws concerning hospital and medical service corporations
Status: in_force

(a) (1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter. (2) Subdivision (a)(1) of this section shall not apply to an insurer or hospital and medical service corporation licensed and regulated pursuant to the insurance laws or the hospital and medical service corporation laws of this state, except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter. (b) The provisions of this chapter, the Arkansas Insurance Code, and the law concerning hospital and medical service corporations, § 23-75-101 et seq., shall not be applicable to any nonprofit vision service plan corporation composed of at least fifty (50) participating licensed optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis, when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board, and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for, so that no element of risk is incurred by any subscriber group or person. (c) This chapter does not apply to a: (1) Healthcare sharing ministry as defined in § 23-60-104(b) ; (2) Direct healthcare agreement as defined in § 23-60-104(b) ; or (3) Nonprofit agricultural membership organization as defined in § 23-60-104 . Amended by Act 2023, No. 626,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 381,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 2698, eff. 7/24/2019. Amended by Act 2017, No. 1020,§ 2, eff. 8/1/2017. Amended by Act 2015, No. 101,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1163,§ 2, eff. 8/16/2013. Acts 1975, No. 454, § 15; A.S.A. 1947, § 66-5215; Acts 1999, No. 881, § 10; 2001, No. 1605, § 1.

(a) (1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter. (2) Subdivision (a)(1) of this section shall not apply to an insurer or hospital and medical service corporation licensed and regulated pursuant to the insurance laws or the hospital and medical service corporation laws of this state, except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.

(1) Except as otherwise provided in this chapter, provisions of the insurance law and provisions of hospital and medical service corporation laws shall not be applicable to any health maintenance organization granted a certificate of authority under this chapter.

(2) Subdivision (a)(1) of this section shall not apply to an insurer or hospital and medical service corporation licensed and regulated pursuant to the insurance laws or the hospital and medical service corporation laws of this state, except with respect to its health maintenance organization activities authorized and regulated pursuant to this chapter.

(b) The provisions of this chapter, the Arkansas Insurance Code, and the law concerning hospital and medical service corporations, § 23-75-101 et seq., shall not be applicable to any nonprofit vision service plan corporation composed of at least fifty (50) participating licensed optometrists or ophthalmologists licensed by the State of Arkansas to provide vision care services on a prepaid basis, when each licensed optometrist or ophthalmologist is subject to the rules of the professional's respective state board, and when each participating licensed optometrist or ophthalmologist agrees to assume responsibility for completion of the provisions of the vision care services contracted for, so that no element of risk is incurred by any subscriber group or person.

(c) This chapter does not apply to a: (1) Healthcare sharing ministry as defined in § 23-60-104(b) ; (2) Direct healthcare agreement as defined in § 23-60-104(b) ; or (3) Nonprofit agricultural membership organization as defined in § 23-60-104 .

(1) Healthcare sharing ministry as defined in § 23-60-104(b) ;

(2) Direct healthcare agreement as defined in § 23-60-104(b) ; or

(3) Nonprofit agricultural membership organization as defined in § 23-60-104 .

Amended by Act 2023, No. 626,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 381,§ 2, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 2698, eff. 7/24/2019.

Amended by Act 2017, No. 1020,§ 2, eff. 8/1/2017.

Amended by Act 2015, No. 101,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1163,§ 2, eff. 8/16/2013.

Acts 1975, No. 454, § 15; A.S.A. 1947, § 66-5215; Acts 1999, No. 881, § 10; 2001, No. 1605, § 1.
Ark. Code Ann. § 23-112-107 — AR Code / Title 23 / Chapter 112 / Subchapter 1 / Section 23-112-107
Motor vehicle event data recorder - Data ownership - Definitions
Status: in_force

(a) As used in this section: (1) "Authorized representative" means a person who is the attorney-in-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner; (2) "Motor vehicle event data recorder" means a factory-installed feature in a motor vehicle that does one (1) or more of the following: (A) Records, stores, transmits, or dispenses any of the following information for the purpose of retrieval after a crash: (i) Vehicle speed; (ii) Vehicle direction; (iii) Vehicle location; (iv) Steering performance; or (v) Seat belt restraint status; (B) Has the capacity to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs; or (C) Includes a sensing and diagnostic module, restraint control module, electronic throttle control, or other similar component; and (3) "Owner" means a person or entity: (A) In whose name a motor vehicle is registered or titled; (B) Who leases a motor vehicle for at least three (3) months; (C) Who is entitled to possession of the motor vehicle as the purchaser under a security agreement; or (D) Who is the authorized representative of the owner. (b) At the time of a new vehicle purchase by a consumer from a dealership, an owner of a motor vehicle shall be given written notice by the seller or manufacturer that includes the following: (1) The presence of the motor vehicle event data recorder in the motor vehicle; (2) The type of motor vehicle event data recorder in the motor vehicle; and (3) The type of data that is recorded, stored, or transmitted on the motor vehicle event data recorder. (c) Except as specifically provided under subsection (d) of this section and subsections (f)-(i) of this section, the data on a motor vehicle event data recorder: (1) Is private; (2) Is exclusively owned by the owner of the motor vehicle; and (3) Shall not be retrieved or used by another person or entity. (d) (1) If a motor vehicle is owned by one (1) owner, then the owner of a motor vehicle may provide written consent in the form of a release signed by the owner that authorizes a person or entity to retrieve or use the data. (2) If a motor vehicle is owned by more than one (1) person or entity and if all owners agree to release the data, then all owners must consent in writing by signing a release to authorize a person or entity to retrieve or use the data. (3) A release to a person or entity under this subsection shall be limited to permission for data collection and compilation only and shall not authorize the release of information that identifies the owner of the vehicle. (e) (1) (A) If a motor vehicle is equipped with a motor vehicle event data recorder and is involved in an accident in Arkansas, the owner of the motor vehicle at the time that the data is created shall own and retain exclusive ownership rights to the data. (B) The ownership of the data shall not pass to a lienholder or to an insurer because the lienholder or insurer succeeds in ownership to the vehicle as a result of the accident. (2) The data shall not be used by a lienholder or an insurer for any reason without a written consent in the form of a release signed by the owner of the motor vehicle at the time of the accident that authorizes the lienholder or insurer to retrieve or use the data. (3) A lienholder or insurer shall not make the owner's consent to the retrieval or use of the data conditioned upon the payment or settlement of an obligation or claim. However, the insured is required to comply with all policy provisions, including any provision that requires the insured to cooperate with the insurer. (4) An insurer or lessor of a motor vehicle shall not require an owner to provide written permission for the access or retrieval of information from a motor vehicle event data recorder as a condition of the policy or lease. (f) Except as specifically provided under subsection (d) of this section and subsections (g)-(i) of this section, the data from a motor vehicle event data recorder shall only be produced without the consent of the owner at the time of the accident if: (1) A court of competent jurisdiction in Arkansas orders the production of the data; (2) A law enforcement officer obtains the data based on probable cause of an offense under the laws of the State of Arkansas; or (3) A law enforcement officer, a firefighter, or an emergency medical services provider obtains the data in the course of responding to or investigating an emergency involving physical injury or the risk of physical injury to any person. (g) The Arkansas Department of Transportation may retrieve data from a motor vehicle event data recorder if the data is used for the following purposes: (1) Preclearing weigh stations; (2) Automating driver records of duty status as authorized by the department; (3) Replacing handwritten reports for any fuel tax reporting or other mileage reporting purpose; or (4) Complying with a state or federal law. (h) To protect the public health, welfare, and safety, the following exceptions shall be allowed regarding the retrieval of data from a motor vehicle event data recorder: (1) To determine the need or to facilitate emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including obtaining data from a company that provides subscription services to the owners of motor vehicles for in-vehicle safety and security communications systems; (2) To facilitate medical research of the human body's reaction to motor vehicle crashes if: (A) The identity of the owner or driver is not disclosed in connection with the retrieved data; and (B) The last four (4) digits of the vehicle identification number are not disclosed; or (3) To diagnose, service, or repair a motor vehicle. (i) Notwithstanding any other provision of this section, the use of data from a motor vehicle event data recorder shall not be permitted into evidence in a civil or criminal matter pending before a court in the State of Arkansas unless it is shown to be relevant and reliable pursuant to the Arkansas Rules of Evidence. (j) (1) If a motor vehicle is equipped with a motor vehicle event data recorder that is capable of recording, storing, transmitting, or dispensing information as described in this section and that capability is part of a subscription service, then the information that may be recorded, stored, transmitted, or dispensed shall be disclosed in the subscription agreement. (2) Subsections (c) and (d) of this section and subsections (f)-(h) of this section shall not apply to subscription services that meet the requirements of this subsection. (k) (1) A new motor vehicle dealer, manufacturer, and distributor shall be immune and held harmless against liability for the privacy of information contained in motor vehicle databases, including without limitation recording devices, global-positioning systems, navigation devices, or any in-vehicle data not controlled by the dealer. (2) This subsection does not affect the notice requirements under subsection (b) of this section. (l) The Arkansas Motor Vehicle Commission shall administer this section and may promulgate rules for the administration of this section. Amended by Act 2017, No. 707,§ 266, eff. 8/1/2017. Acts 2005, No. 1419, § 1; 2009, No. 148, § 1; 2011, No. 1005, §§ 5, 6.

(a) As used in this section: (1) "Authorized representative" means a person who is the attorney-in-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner; (2) "Motor vehicle event data recorder" means a factory-installed feature in a motor vehicle that does one (1) or more of the following: (A) Records, stores, transmits, or dispenses any of the following information for the purpose of retrieval after a crash: (i) Vehicle speed; (ii) Vehicle direction; (iii) Vehicle location; (iv) Steering performance; or (v) Seat belt restraint status; (B) Has the capacity to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs; or (C) Includes a sensing and diagnostic module, restraint control module, electronic throttle control, or other similar component; and (3) "Owner" means a person or entity: (A) In whose name a motor vehicle is registered or titled; (B) Who leases a motor vehicle for at least three (3) months; (C) Who is entitled to possession of the motor vehicle as the purchaser under a security agreement; or (D) Who is the authorized representative of the owner.

(1) "Authorized representative" means a person who is the attorney-in-fact for an owner or a person who has been appointed the administrator or personal representative of the estate of the owner;

(2) "Motor vehicle event data recorder" means a factory-installed feature in a motor vehicle that does one (1) or more of the following: (A) Records, stores, transmits, or dispenses any of the following information for the purpose of retrieval after a crash: (i) Vehicle speed; (ii) Vehicle direction; (iii) Vehicle location; (iv) Steering performance; or (v) Seat belt restraint status; (B) Has the capacity to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs; or (C) Includes a sensing and diagnostic module, restraint control module, electronic throttle control, or other similar component; and

(A) Records, stores, transmits, or dispenses any of the following information for the purpose of retrieval after a crash: (i) Vehicle speed; (ii) Vehicle direction; (iii) Vehicle location; (iv) Steering performance; or (v) Seat belt restraint status;

(i) Vehicle speed;

(ii) Vehicle direction;

(iii) Vehicle location;

(iv) Steering performance; or

(v) Seat belt restraint status;

(B) Has the capacity to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs; or

(C) Includes a sensing and diagnostic module, restraint control module, electronic throttle control, or other similar component; and

(3) "Owner" means a person or entity: (A) In whose name a motor vehicle is registered or titled; (B) Who leases a motor vehicle for at least three (3) months; (C) Who is entitled to possession of the motor vehicle as the purchaser under a security agreement; or (D) Who is the authorized representative of the owner.

(A) In whose name a motor vehicle is registered or titled;

(B) Who leases a motor vehicle for at least three (3) months;

(C) Who is entitled to possession of the motor vehicle as the purchaser under a security agreement; or

(D) Who is the authorized representative of the owner.

(b) At the time of a new vehicle purchase by a consumer from a dealership, an owner of a motor vehicle shall be given written notice by the seller or manufacturer that includes the following: (1) The presence of the motor vehicle event data recorder in the motor vehicle; (2) The type of motor vehicle event data recorder in the motor vehicle; and (3) The type of data that is recorded, stored, or transmitted on the motor vehicle event data recorder.

(1) The presence of the motor vehicle event data recorder in the motor vehicle;

(2) The type of motor vehicle event data recorder in the motor vehicle; and

(3) The type of data that is recorded, stored, or transmitted on the motor vehicle event data recorder.

(c) Except as specifically provided under subsection (d) of this section and subsections (f)-(i) of this section, the data on a motor vehicle event data recorder: (1) Is private; (2) Is exclusively owned by the owner of the motor vehicle; and (3) Shall not be retrieved or used by another person or entity.

(1) Is private;

(2) Is exclusively owned by the owner of the motor vehicle; and

(3) Shall not be retrieved or used by another person or entity.

(d) (1) If a motor vehicle is owned by one (1) owner, then the owner of a motor vehicle may provide written consent in the form of a release signed by the owner that authorizes a person or entity to retrieve or use the data. (2) If a motor vehicle is owned by more than one (1) person or entity and if all owners agree to release the data, then all owners must consent in writing by signing a release to authorize a person or entity to retrieve or use the data. (3) A release to a person or entity under this subsection shall be limited to permission for data collection and compilation only and shall not authorize the release of information that identifies the owner of the vehicle.

(1) If a motor vehicle is owned by one (1) owner, then the owner of a motor vehicle may provide written consent in the form of a release signed by the owner that authorizes a person or entity to retrieve or use the data.

(2) If a motor vehicle is owned by more than one (1) person or entity and if all owners agree to release the data, then all owners must consent in writing by signing a release to authorize a person or entity to retrieve or use the data.

(3) A release to a person or entity under this subsection shall be limited to permission for data collection and compilation only and shall not authorize the release of information that identifies the owner of the vehicle.

(e) (1) (A) If a motor vehicle is equipped with a motor vehicle event data recorder and is involved in an accident in Arkansas, the owner of the motor vehicle at the time that the data is created shall own and retain exclusive ownership rights to the data. (B) The ownership of the data shall not pass to a lienholder or to an insurer because the lienholder or insurer succeeds in ownership to the vehicle as a result of the accident. (2) The data shall not be used by a lienholder or an insurer for any reason without a written consent in the form of a release signed by the owner of the motor vehicle at the time of the accident that authorizes the lienholder or insurer to retrieve or use the data. (3) A lienholder or insurer shall not make the owner's consent to the retrieval or use of the data conditioned upon the payment or settlement of an obligation or claim. However, the insured is required to comply with all policy provisions, including any provision that requires the insured to cooperate with the insurer. (4) An insurer or lessor of a motor vehicle shall not require an owner to provide written permission for the access or retrieval of information from a motor vehicle event data recorder as a condition of the policy or lease.

(1) (A) If a motor vehicle is equipped with a motor vehicle event data recorder and is involved in an accident in Arkansas, the owner of the motor vehicle at the time that the data is created shall own and retain exclusive ownership rights to the data. (B) The ownership of the data shall not pass to a lienholder or to an insurer because the lienholder or insurer succeeds in ownership to the vehicle as a result of the accident.

(A) If a motor vehicle is equipped with a motor vehicle event data recorder and is involved in an accident in Arkansas, the owner of the motor vehicle at the time that the data is created shall own and retain exclusive ownership rights to the data.

(B) The ownership of the data shall not pass to a lienholder or to an insurer because the lienholder or insurer succeeds in ownership to the vehicle as a result of the accident.

(2) The data shall not be used by a lienholder or an insurer for any reason without a written consent in the form of a release signed by the owner of the motor vehicle at the time of the accident that authorizes the lienholder or insurer to retrieve or use the data.

(3) A lienholder or insurer shall not make the owner's consent to the retrieval or use of the data conditioned upon the payment or settlement of an obligation or claim. However, the insured is required to comply with all policy provisions, including any provision that requires the insured to cooperate with the insurer.

(4) An insurer or lessor of a motor vehicle shall not require an owner to provide written permission for the access or retrieval of information from a motor vehicle event data recorder as a condition of the policy or lease.

(f) Except as specifically provided under subsection (d) of this section and subsections (g)-(i) of this section, the data from a motor vehicle event data recorder shall only be produced without the consent of the owner at the time of the accident if: (1) A court of competent jurisdiction in Arkansas orders the production of the data; (2) A law enforcement officer obtains the data based on probable cause of an offense under the laws of the State of Arkansas; or (3) A law enforcement officer, a firefighter, or an emergency medical services provider obtains the data in the course of responding to or investigating an emergency involving physical injury or the risk of physical injury to any person.

(1) A court of competent jurisdiction in Arkansas orders the production of the data;

(2) A law enforcement officer obtains the data based on probable cause of an offense under the laws of the State of Arkansas; or

(3) A law enforcement officer, a firefighter, or an emergency medical services provider obtains the data in the course of responding to or investigating an emergency involving physical injury or the risk of physical injury to any person.

(g) The Arkansas Department of Transportation may retrieve data from a motor vehicle event data recorder if the data is used for the following purposes: (1) Preclearing weigh stations; (2) Automating driver records of duty status as authorized by the department; (3) Replacing handwritten reports for any fuel tax reporting or other mileage reporting purpose; or (4) Complying with a state or federal law.

(1) Preclearing weigh stations;

(2) Automating driver records of duty status as authorized by the department;

(3) Replacing handwritten reports for any fuel tax reporting or other mileage reporting purpose; or

(4) Complying with a state or federal law.

(h) To protect the public health, welfare, and safety, the following exceptions shall be allowed regarding the retrieval of data from a motor vehicle event data recorder: (1) To determine the need or to facilitate emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including obtaining data from a company that provides subscription services to the owners of motor vehicles for in-vehicle safety and security communications systems; (2) To facilitate medical research of the human body's reaction to motor vehicle crashes if: (A) The identity of the owner or driver is not disclosed in connection with the retrieved data; and (B) The last four (4) digits of the vehicle identification number are not disclosed; or (3) To diagnose, service, or repair a motor vehicle.

(1) To determine the need or to facilitate emergency medical care for the driver or passenger of a motor vehicle that is involved in a motor vehicle crash or other emergency, including obtaining data from a company that provides subscription services to the owners of motor vehicles for in-vehicle safety and security communications systems;

(2) To facilitate medical research of the human body's reaction to motor vehicle crashes if: (A) The identity of the owner or driver is not disclosed in connection with the retrieved data; and (B) The last four (4) digits of the vehicle identification number are not disclosed; or

(A) The identity of the owner or driver is not disclosed in connection with the retrieved data; and

(B) The last four (4) digits of the vehicle identification number are not disclosed; or

(3) To diagnose, service, or repair a motor vehicle.

(i) Notwithstanding any other provision of this section, the use of data from a motor vehicle event data recorder shall not be permitted into evidence in a civil or criminal matter pending before a court in the State of Arkansas unless it is shown to be relevant and reliable pursuant to the Arkansas Rules of Evidence.

(j) (1) If a motor vehicle is equipped with a motor vehicle event data recorder that is capable of recording, storing, transmitting, or dispensing information as described in this section and that capability is part of a subscription service, then the information that may be recorded, stored, transmitted, or dispensed shall be disclosed in the subscription agreement. (2) Subsections (c) and (d) of this section and subsections (f)-(h) of this section shall not apply to subscription services that meet the requirements of this subsection.

(1) If a motor vehicle is equipped with a motor vehicle event data recorder that is capable of recording, storing, transmitting, or dispensing information as described in this section and that capability is part of a subscription service, then the information that may be recorded, stored, transmitted, or dispensed shall be disclosed in the subscription agreement.

(2) Subsections (c) and (d) of this section and subsections (f)-(h) of this section shall not apply to subscription services that meet the requirements of this subsection.

(k) (1) A new motor vehicle dealer, manufacturer, and distributor shall be immune and held harmless against liability for the privacy of information contained in motor vehicle databases, including without limitation recording devices, global-positioning systems, navigation devices, or any in-vehicle data not controlled by the dealer. (2) This subsection does not affect the notice requirements under subsection (b) of this section.

(1) A new motor vehicle dealer, manufacturer, and distributor shall be immune and held harmless against liability for the privacy of information contained in motor vehicle databases, including without limitation recording devices, global-positioning systems, navigation devices, or any in-vehicle data not controlled by the dealer.

(2) This subsection does not affect the notice requirements under subsection (b) of this section.

(l) The Arkansas Motor Vehicle Commission shall administer this section and may promulgate rules for the administration of this section.

Amended by Act 2017, No. 707,§ 266, eff. 8/1/2017.

Acts 2005, No. 1419, § 1; 2009, No. 148, § 1; 2011, No. 1005, §§ 5, 6.
Ark. Code Ann. § 23-66-405 — AR Code / Title 23 / Chapter 66 / Subchapter 4 / Section 23-66-405
Premiums
Status: in_force

For every premium collected on a policy of property, casualty, life, or accident and health insurance in this state, the agent collecting or receiving such a premium shall: (1) Furnish the payor with written evidence of payment at the time the premium is collected, which shall include the amount paid, the date paid, the date-paid-to status of the policy, the policy number or the identifying characteristics for which the payment will be credited, the signature or signed initials of the agent, and the office address and phone number of the insurer; and (2) Remit to the insurer's home office or applicable district office the premium collected within ten (10) days of receipt from the premium payor or policy owner. Acts 1993, No. 932, § 5; 1997, No. 749, § 3; 2001, No. 1603, § 28.

For every premium collected on a policy of property, casualty, life, or accident and health insurance in this state, the agent collecting or receiving such a premium shall:

(1) Furnish the payor with written evidence of payment at the time the premium is collected, which shall include the amount paid, the date paid, the date-paid-to status of the policy, the policy number or the identifying characteristics for which the payment will be credited, the signature or signed initials of the agent, and the office address and phone number of the insurer; and

(2) Remit to the insurer's home office or applicable district office the premium collected within ten (10) days of receipt from the premium payor or policy owner.

Acts 1993, No. 932, § 5; 1997, No. 749, § 3; 2001, No. 1603, § 28.
Ark. Code Ann. § 23-15-206 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-206
Reports, records, etc., to be maintained - Access by commission
Status: in_force

(a) The Arkansas Public Service Commission may require persons subject to this subchapter to maintain record maintenance, reporting, and inspection. (b) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the commission may reasonably require to enable it to determine whether the person has acted or is acting in compliance with this subchapter and the standards established under this subchapter. (c) Each person who engages in the transportation of gas or who owns or operates pipeline facilities upon request of an officer, employee, or agent authorized by the commission shall permit such officer, employee, or agent to inspect books, papers, records, and documents, relevant to determining whether such person has acted or is acting in compliance with this subchapter and the standards established pursuant to this subchapter. Acts 1971, No. 285, § 3; A.S.A. 1947, § 73-1910.

(a) The Arkansas Public Service Commission may require persons subject to this subchapter to maintain record maintenance, reporting, and inspection.

(b) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall establish and maintain such records, make such reports, and provide such information as the commission may reasonably require to enable it to determine whether the person has acted or is acting in compliance with this subchapter and the standards established under this subchapter.

(c) Each person who engages in the transportation of gas or who owns or operates pipeline facilities upon request of an officer, employee, or agent authorized by the commission shall permit such officer, employee, or agent to inspect books, papers, records, and documents, relevant to determining whether such person has acted or is acting in compliance with this subchapter and the standards established pursuant to this subchapter.

Acts 1971, No. 285, § 3; A.S.A. 1947, § 73-1910.
Ark. Code Ann. § 23-64-234 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-234
Travel insurance - Scope - Definitions - Licensing - Premium tax
Status: in_force

(a) (1) This section applies to travel insurance that: (A) Covers a resident of this state; (B) Is sold, solicited, negotiated, or offered in this state; and (C) Has policies and certificates that are delivered or issued for delivery in this state. (2) This section does not apply to a cancellation fee waiver or travel assistance services except as provided in this section. (3) All other applicable provisions of this state's insurance laws shall continue to apply to travel insurance except that this section shall supersede any general provisions of law that would otherwise be applicable to travel insurance. (b) As used in this section: (1) (A) "Aggregator site" means a website that provides access to information regarding insurance products from more than one (1) insurer. (B) "Aggregator site" includes a website that provides product and insurer information for use in comparison shopping; (2) "Blanket travel insurance" means a policy issued to an eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group; (3) (A) "Cancellation fee waiver" means a contractual agreement between a supplier of services for travel and its customer to waive some or all of the nonrefundable cancellation fee provisions of the underlying travel contract of the supplier with or without regard to the reason for the cancellation or form of reimbursement. (B) "Cancellation fee waiver" is not insurance under this section; (4) "Eligible group" means two (2) or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including without limitation any of the following: (A) (i) An entity engaged in the business of providing travel or services for travel, if in regard to any particular travel or type of travel or travelers, all members or customers of the group have a common exposure to risk attendant to the travel. (ii) An entity as described in subdivision (b)(4)(A)(i) of this section includes without limitation: (a) A tour operator; (b) A lodging provider; (c) A vacation property owner; (d) A hotel or resort; (e) A travel club; (f) A travel agency; (g) A property manager; (h) A cultural exchange program; or (i) A common carrier or the operator, owner, or lessor of a means of transportation of passengers, including without limitation: (1) An airline; (2) A cruise line; (3) A railroad; (4) A steamship company; or (5) A public bus carrier; (B) A college, school, or other institution of learning covering students, teachers, employees, or volunteers; (C) An employer covering a group of employees, volunteers, contractors, members of a board of directors, dependents, or guests; (D) A sports team, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers; (E) A religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers; (F) A financial institution or financial institution vendor, parent holding company, trustee, or an agent of a financial institution or financial institution vendor, parent holding company, trustee, or a designee of one (1) or more financial institutions or financial institution vendors, including without limitation an accountholder, credit card holder, debtor, guarantor, or purchaser; (G) An incorporated or unincorporated association, including without limitation a labor union, that has a common interest, constitution, and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association covering its members; (H) A trust or the trustees of a fund that is established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the permission of the Insurance Commissioner to use a trust and the state's premium tax provisions, as provided in subdivision (d)(1) of this section, of one (1) or more associations meeting the requirements of subdivision (b)(4)(G) of this section; (I) An entertainment production company covering a group of participants, volunteers, audience members, contestants, or workers; (J) A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other similar volunteer group; (K) A preschool, daycare institution for children or adults, or senior citizen club; (L) (i) An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers as defined by their travel status on the rented or leased vehicles. (ii) A common carrier, owner, operator, or lessor of a means of transportation, or an automobile or truck rental or leasing company, is the policyholder under a policy to which this section applies; or (M) Any other group if the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest; (5) "Fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and travel assistance services details; (6) "Group travel insurance" means travel insurance issued to an eligible group; (7) "Limited lines travel insurance producer" means: (A) A managing general agent; (B) An insurance producer, including a limited lines producer; or (C) A travel administrator; (8) "Offer and disseminate" means to: (A) Provide general information, including without limitation a description of the insurance coverage and the cost of the insurance coverage; (B) Process an application for insurance coverage; (C) Collect the premiums for insurance coverage; and (D) Perform other nonlicensed activities allowed by the insurance laws of this state; (9) "Primary certificate holder" means an individual who elects and purchases travel insurance under a group policy; (10) "Primary policyholder" means an individual who elects and purchases a policy for individual travel insurance; (11) (A) "Travel administrator" means a person that, directly or indirectly, underwrites, collects or charges collateral or premiums from, or adjusts or settles claims on, residents of this state in connection with travel insurance. (B) "Travel administrator" does not include a person whose only actions that would otherwise cause it to be considered a travel administrator are among the following: (i) The person works for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator; (ii) The person is an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the license of the insurance producer; (iii) The person is a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer according to this section; (iv) The person is an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney-at-law and does not collect charges or premiums in connection with insurance coverage; or (v) The person is a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer; (12) (A) "Travel assistance service" means a noninsurance service: (i) For which the consumer is not indemnified based on a fortuitous event; and (ii) That does not result in the transfer or shifting of risk that would constitute the business of insurance. (B) "Travel assistance services" includes without limitation: (i) Security advisories; (ii) Destination information; (iii) Vaccination and immunization information services; (iv) Travel reservation services; (v) Entertainment; (vi) Activity and event planning; (vii) Translation assistance; (viii) Emergency messaging; (ix) International legal and medical referrals; (x) Medical case monitoring; (xi) Coordination of transportation arrangements; (xii) Emergency cash transfer assistance; (xiii) Medical prescription replacement assistance; (xiv) Passport and travel document replacement assistance; (xv) Lost luggage assistance; (xvi) Concierge services; and (xvii) Any other service that is furnished in connection with planned travel. (C) "Travel assistance services" is not considered insurance and is not related to insurance; (13) (A) "Travel insurance" means insurance coverage for personal risks incident to planned travel, including without limitation: (i) Interruption or cancellation of a trip or event; (ii) Loss of baggage or personal effects; (iii) Damages to accommodations or rental vehicles; (iv) Sickness, accident, disability, or death occurring during travel; (v) Emergency evacuation; (vi) Repatriation of remains; or (vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler upon determinable contingencies related to travel as approved by the commissioner. (B) "Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers on trips lasting longer than six (6) months, including without limitation an individual who is working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license; (14) "Travel protection plan" means a plan that provides one (1) or more of the following: (A) Travel insurance; (B) Travel assistance services; or (C) Cancellation fee waivers; and (15) "Travel retailer" means a business entity that makes, arranges, or offers planned travel and offers and disseminates travel insurance as a service to a customer of the business entity on behalf of and under the direction of a limited lines travel insurance producer. (c) (1) (A) The commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines travel insurance producer license in a form and manner prescribed by the commissioner. (B) A limited lines travel insurance producer shall be licensed to sell, solicit, and negotiate travel insurance through a licensed insurer. (C) A person shall not act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered under the insurance laws of this state. (2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met: (A) A limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (i) Actual material terms of the insurance coverage or a description of the material terms; (ii) A description of the process for filing a claim; (iii) A description of the review or cancellation process for the travel insurance policy; and (iv) The identity of and contact information for the insurer and limited lines travel insurance producer; (B) (i) A limited lines travel insurance producer establishes at the time of licensure and maintains a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on behalf of the limited lines travel insurance producer in this state. (ii) A register described under subdivision (c)(2)(B)(i) of this section shall be maintained and updated by the limited lines travel insurance producer and include: (a) The name, address, and contact information for the travel retailer and an officer or other person who directs or controls the travel retailer's operations; and (b) The federal employer identification number of the travel retailer. (iii) The limited lines travel insurance producer shall: (a) Provide the register described under subdivision (c)(2)(B)(i) of this section on application for and renewal of a limited lines travel insurance producer license; and (b) Certify that the travel retailer registered is in compliance with 18 U.S.C. § 1033 , as it existed on January 1, 2019. (iv) The grounds for the suspension, revocation, and any penalties that are applicable to resident insurance producers shall be applicable to the limited lines travel insurance producers and travel retailers; (C) A limited lines travel insurance producer has designated an employee who is a licensed individual producer who shall be known as a designated responsible producer, to be responsible for compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants; (D) A designated responsible producer, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer; (E) A limited lines travel insurance producer pays the applicable insurance producer licensing fees; and (F) (i) A limited lines travel insurance producer requires each employee and authorized representative of the travel retailer that offers and disseminates travel insurance to receive instruction or training that may be reviewed and approved by the commissioner. (ii) At a minimum, the training material shall contain instructions on the types of insurance offered, ethical sales practices, and the required disclosures to provide to customers. (3) (A) A travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that have been approved by the insurer. (B) A brochure or other written materials, at a minimum, shall contain the following information: (i) The identity of and contact information for the insurer and limited lines travel insurance producer; (ii) An explanation that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and (iii) An explanation that an unlicensed travel retailer may provide general information about the insurance coverage offered by the travel retailer, including a description of the insurance coverage and the cost of the insurance coverage, but shall not answer technical questions about the insurance terms and conditions offered by the travel retailer or provide an evaluation of the adequacy of any existing insurance coverage. (4) A travel retailer employee or authorized representative of the travel retailer that is not licensed as an insurance producer shall not: (A) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage; (B) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or (C) Hold themselves or itself out as a licensed insurer, producer, or insurance expert. (5) Notwithstanding any other provision in law, a travel retailer, its employees, and authorized representatives of the travel retailer that receive training under subdivision (c)(2)(F)(i) of this section and whose insurance-related activities are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer that is licensed under this subchapter may receive compensation if listed on the registry maintained by the limited lines travel insurance producer under subdivision (c)(2)(B)(i) of this section. (6) As an insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this section. (7) (A) A person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance. (B) A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance. (d) (1) An insurer shall pay premium tax, as provided in § 26-57-603 , on travel insurance premiums paid by any of the following: (A) An individual primary policyholder who is a resident of this state; (B) A primary certificate holder who is a resident of this state and elects coverage under a group travel insurance policy; or (C) A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary in, this state if that affiliate or subsidiary has purchased blanket travel insurance in this state for eligible blanket group members, and subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions. (2) An insurer shall: (A) Document the state of residence or principal place of business of the primary policyholder or primary certificate holder, as required in subdivision (d)(1) of this section; and (B) Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers. (e) A travel protection plan may be offered for one (1) price for the combined features that the travel protection plan offers in this state if: (1) A travel protection plan clearly discloses to the consumer at or before the time of purchase that the travel protection plan includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity at or before the time of purchase for the consumer to obtain additional information regarding the features and pricing of each; and (2) The fulfillment materials: (A) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (B) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable. (f) (1) (A) Except as provided in subdivision (f)(1)(B) of this section, a person offering travel insurance to residents of this state is subject to the Trade Practices Act, § 23-66-201 et seq. (B) If a conflict exists between this section and any other insurance law of this state regarding the sale and marketing of travel insurance and travel protection plans, this section controls. (2) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq. (3) (A) All documents provided to consumers before the purchase of travel insurance, including without limitation sales materials and marketing materials, shall be consistent with the travel insurance policy itself, including without limitation, forms, endorsements, policies, rate filings, and certificates of insurance. (B) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time before the time of purchase and in the coverage's fulfillment materials. (C) (i) The fulfillment materials and the information described in subdivision (c)(2)(A) of this section shall be provided to a primary policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan. (ii) (a) Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. (b) For purposes of subdivision (f)(3)(C)(ii) (a) of this section, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder. (D) The policy documentation and fulfillment materials shall disclose whether the travel insurance is primary or secondary to other applicable coverage. (E) If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law when an accurate summary or short description of coverage is provided on the insurer's website or aggregator site, so long as the consumer has access to the full provisions of the policy through electronic means. (4) A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis shall not do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage such as unchecking a box on an electronic form when the consumer purchases a trip. (5) It is an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., to market blanket travel insurance coverage as free. (6) If a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: (A) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (B) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements before departure. (g) (1) Notwithstanding any other provision of insurance laws in this state, a person shall not act or represent itself as a travel administrator for travel insurance in this state unless that person: (A) Is a licensed property and casualty insurance producer in this state for activities permitted under that property and casualty insurance producer license; or (B) Holds a valid managing general agent license in this state. (2) A travel administrator and its employees are exempt from the licensing requirements for adjusters under § 23-64-201 for travel insurance it administers. (3) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request. (h) (1) Notwithstanding any other provision of the insurance laws of this state, travel insurance shall be classified and filed for purposes of rates and forms as marine insurance, provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains or in conjunction with incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or a marine line of insurance. (2) Travel insurance may be in the form of an individual, group, or blanket policy. (3) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for marine insurance. (i) (1) The commissioner shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020. Added by Act 2019, No. 698,§ 3, eff. for travel insurance sold on or after 10/1/2019.

(a) (1) This section applies to travel insurance that: (A) Covers a resident of this state; (B) Is sold, solicited, negotiated, or offered in this state; and (C) Has policies and certificates that are delivered or issued for delivery in this state. (2) This section does not apply to a cancellation fee waiver or travel assistance services except as provided in this section. (3) All other applicable provisions of this state's insurance laws shall continue to apply to travel insurance except that this section shall supersede any general provisions of law that would otherwise be applicable to travel insurance.

(1) This section applies to travel insurance that: (A) Covers a resident of this state; (B) Is sold, solicited, negotiated, or offered in this state; and (C) Has policies and certificates that are delivered or issued for delivery in this state.

(A) Covers a resident of this state;

(B) Is sold, solicited, negotiated, or offered in this state; and

(C) Has policies and certificates that are delivered or issued for delivery in this state.

(2) This section does not apply to a cancellation fee waiver or travel assistance services except as provided in this section.

(3) All other applicable provisions of this state's insurance laws shall continue to apply to travel insurance except that this section shall supersede any general provisions of law that would otherwise be applicable to travel insurance.

(b) As used in this section: (1) (A) "Aggregator site" means a website that provides access to information regarding insurance products from more than one (1) insurer. (B) "Aggregator site" includes a website that provides product and insurer information for use in comparison shopping; (2) "Blanket travel insurance" means a policy issued to an eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group; (3) (A) "Cancellation fee waiver" means a contractual agreement between a supplier of services for travel and its customer to waive some or all of the nonrefundable cancellation fee provisions of the underlying travel contract of the supplier with or without regard to the reason for the cancellation or form of reimbursement. (B) "Cancellation fee waiver" is not insurance under this section; (4) "Eligible group" means two (2) or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including without limitation any of the following: (A) (i) An entity engaged in the business of providing travel or services for travel, if in regard to any particular travel or type of travel or travelers, all members or customers of the group have a common exposure to risk attendant to the travel. (ii) An entity as described in subdivision (b)(4)(A)(i) of this section includes without limitation: (a) A tour operator; (b) A lodging provider; (c) A vacation property owner; (d) A hotel or resort; (e) A travel club; (f) A travel agency; (g) A property manager; (h) A cultural exchange program; or (i) A common carrier or the operator, owner, or lessor of a means of transportation of passengers, including without limitation: (1) An airline; (2) A cruise line; (3) A railroad; (4) A steamship company; or (5) A public bus carrier; (B) A college, school, or other institution of learning covering students, teachers, employees, or volunteers; (C) An employer covering a group of employees, volunteers, contractors, members of a board of directors, dependents, or guests; (D) A sports team, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers; (E) A religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers; (F) A financial institution or financial institution vendor, parent holding company, trustee, or an agent of a financial institution or financial institution vendor, parent holding company, trustee, or a designee of one (1) or more financial institutions or financial institution vendors, including without limitation an accountholder, credit card holder, debtor, guarantor, or purchaser; (G) An incorporated or unincorporated association, including without limitation a labor union, that has a common interest, constitution, and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association covering its members; (H) A trust or the trustees of a fund that is established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the permission of the Insurance Commissioner to use a trust and the state's premium tax provisions, as provided in subdivision (d)(1) of this section, of one (1) or more associations meeting the requirements of subdivision (b)(4)(G) of this section; (I) An entertainment production company covering a group of participants, volunteers, audience members, contestants, or workers; (J) A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other similar volunteer group; (K) A preschool, daycare institution for children or adults, or senior citizen club; (L) (i) An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers as defined by their travel status on the rented or leased vehicles. (ii) A common carrier, owner, operator, or lessor of a means of transportation, or an automobile or truck rental or leasing company, is the policyholder under a policy to which this section applies; or (M) Any other group if the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest; (5) "Fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and travel assistance services details; (6) "Group travel insurance" means travel insurance issued to an eligible group; (7) "Limited lines travel insurance producer" means: (A) A managing general agent; (B) An insurance producer, including a limited lines producer; or (C) A travel administrator; (8) "Offer and disseminate" means to: (A) Provide general information, including without limitation a description of the insurance coverage and the cost of the insurance coverage; (B) Process an application for insurance coverage; (C) Collect the premiums for insurance coverage; and (D) Perform other nonlicensed activities allowed by the insurance laws of this state; (9) "Primary certificate holder" means an individual who elects and purchases travel insurance under a group policy; (10) "Primary policyholder" means an individual who elects and purchases a policy for individual travel insurance; (11) (A) "Travel administrator" means a person that, directly or indirectly, underwrites, collects or charges collateral or premiums from, or adjusts or settles claims on, residents of this state in connection with travel insurance. (B) "Travel administrator" does not include a person whose only actions that would otherwise cause it to be considered a travel administrator are among the following: (i) The person works for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator; (ii) The person is an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the license of the insurance producer; (iii) The person is a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer according to this section; (iv) The person is an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney-at-law and does not collect charges or premiums in connection with insurance coverage; or (v) The person is a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer; (12) (A) "Travel assistance service" means a noninsurance service: (i) For which the consumer is not indemnified based on a fortuitous event; and (ii) That does not result in the transfer or shifting of risk that would constitute the business of insurance. (B) "Travel assistance services" includes without limitation: (i) Security advisories; (ii) Destination information; (iii) Vaccination and immunization information services; (iv) Travel reservation services; (v) Entertainment; (vi) Activity and event planning; (vii) Translation assistance; (viii) Emergency messaging; (ix) International legal and medical referrals; (x) Medical case monitoring; (xi) Coordination of transportation arrangements; (xii) Emergency cash transfer assistance; (xiii) Medical prescription replacement assistance; (xiv) Passport and travel document replacement assistance; (xv) Lost luggage assistance; (xvi) Concierge services; and (xvii) Any other service that is furnished in connection with planned travel. (C) "Travel assistance services" is not considered insurance and is not related to insurance; (13) (A) "Travel insurance" means insurance coverage for personal risks incident to planned travel, including without limitation: (i) Interruption or cancellation of a trip or event; (ii) Loss of baggage or personal effects; (iii) Damages to accommodations or rental vehicles; (iv) Sickness, accident, disability, or death occurring during travel; (v) Emergency evacuation; (vi) Repatriation of remains; or (vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler upon determinable contingencies related to travel as approved by the commissioner. (B) "Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers on trips lasting longer than six (6) months, including without limitation an individual who is working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license; (14) "Travel protection plan" means a plan that provides one (1) or more of the following: (A) Travel insurance; (B) Travel assistance services; or (C) Cancellation fee waivers; and (15) "Travel retailer" means a business entity that makes, arranges, or offers planned travel and offers and disseminates travel insurance as a service to a customer of the business entity on behalf of and under the direction of a limited lines travel insurance producer.

(1) (A) "Aggregator site" means a website that provides access to information regarding insurance products from more than one (1) insurer. (B) "Aggregator site" includes a website that provides product and insurer information for use in comparison shopping;

(A) "Aggregator site" means a website that provides access to information regarding insurance products from more than one (1) insurer.

(B) "Aggregator site" includes a website that provides product and insurer information for use in comparison shopping;

(2) "Blanket travel insurance" means a policy issued to an eligible group providing coverage for specific classes of persons defined in the policy with coverage provided to all members of the eligible group without a separate charge to individual members of the eligible group;

(3) (A) "Cancellation fee waiver" means a contractual agreement between a supplier of services for travel and its customer to waive some or all of the nonrefundable cancellation fee provisions of the underlying travel contract of the supplier with or without regard to the reason for the cancellation or form of reimbursement. (B) "Cancellation fee waiver" is not insurance under this section;

(A) "Cancellation fee waiver" means a contractual agreement between a supplier of services for travel and its customer to waive some or all of the nonrefundable cancellation fee provisions of the underlying travel contract of the supplier with or without regard to the reason for the cancellation or form of reimbursement.

(B) "Cancellation fee waiver" is not insurance under this section;

(4) "Eligible group" means two (2) or more persons who are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, including without limitation any of the following: (A) (i) An entity engaged in the business of providing travel or services for travel, if in regard to any particular travel or type of travel or travelers, all members or customers of the group have a common exposure to risk attendant to the travel. (ii) An entity as described in subdivision (b)(4)(A)(i) of this section includes without limitation: (a) A tour operator; (b) A lodging provider; (c) A vacation property owner; (d) A hotel or resort; (e) A travel club; (f) A travel agency; (g) A property manager; (h) A cultural exchange program; or (i) A common carrier or the operator, owner, or lessor of a means of transportation of passengers, including without limitation: (1) An airline; (2) A cruise line; (3) A railroad; (4) A steamship company; or (5) A public bus carrier; (B) A college, school, or other institution of learning covering students, teachers, employees, or volunteers; (C) An employer covering a group of employees, volunteers, contractors, members of a board of directors, dependents, or guests; (D) A sports team, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers; (E) A religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers; (F) A financial institution or financial institution vendor, parent holding company, trustee, or an agent of a financial institution or financial institution vendor, parent holding company, trustee, or a designee of one (1) or more financial institutions or financial institution vendors, including without limitation an accountholder, credit card holder, debtor, guarantor, or purchaser; (G) An incorporated or unincorporated association, including without limitation a labor union, that has a common interest, constitution, and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association covering its members; (H) A trust or the trustees of a fund that is established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the permission of the Insurance Commissioner to use a trust and the state's premium tax provisions, as provided in subdivision (d)(1) of this section, of one (1) or more associations meeting the requirements of subdivision (b)(4)(G) of this section; (I) An entertainment production company covering a group of participants, volunteers, audience members, contestants, or workers; (J) A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other similar volunteer group; (K) A preschool, daycare institution for children or adults, or senior citizen club; (L) (i) An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers as defined by their travel status on the rented or leased vehicles. (ii) A common carrier, owner, operator, or lessor of a means of transportation, or an automobile or truck rental or leasing company, is the policyholder under a policy to which this section applies; or (M) Any other group if the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest;

(A) (i) An entity engaged in the business of providing travel or services for travel, if in regard to any particular travel or type of travel or travelers, all members or customers of the group have a common exposure to risk attendant to the travel. (ii) An entity as described in subdivision (b)(4)(A)(i) of this section includes without limitation: (a) A tour operator; (b) A lodging provider; (c) A vacation property owner; (d) A hotel or resort; (e) A travel club; (f) A travel agency; (g) A property manager; (h) A cultural exchange program; or (i) A common carrier or the operator, owner, or lessor of a means of transportation of passengers, including without limitation: (1) An airline; (2) A cruise line; (3) A railroad; (4) A steamship company; or (5) A public bus carrier;

(i) An entity engaged in the business of providing travel or services for travel, if in regard to any particular travel or type of travel or travelers, all members or customers of the group have a common exposure to risk attendant to the travel.

(ii) An entity as described in subdivision (b)(4)(A)(i) of this section includes without limitation: (a) A tour operator; (b) A lodging provider; (c) A vacation property owner; (d) A hotel or resort; (e) A travel club; (f) A travel agency; (g) A property manager; (h) A cultural exchange program; or (i) A common carrier or the operator, owner, or lessor of a means of transportation of passengers, including without limitation: (1) An airline; (2) A cruise line; (3) A railroad; (4) A steamship company; or (5) A public bus carrier;

(a) A tour operator;

(b) A lodging provider;

(c) A vacation property owner;

(d) A hotel or resort;

(e) A travel club;

(f) A travel agency;

(g) A property manager;

(h) A cultural exchange program; or

(i) A common carrier or the operator, owner, or lessor of a means of transportation of passengers, including without limitation: (1) An airline; (2) A cruise line; (3) A railroad; (4) A steamship company; or (5) A public bus carrier;

(1) An airline;

(2) A cruise line;

(3) A railroad;

(4) A steamship company; or

(5) A public bus carrier;

(B) A college, school, or other institution of learning covering students, teachers, employees, or volunteers;

(C) An employer covering a group of employees, volunteers, contractors, members of a board of directors, dependents, or guests;

(D) A sports team, camp, or sponsor thereof covering participants, members, campers, employees, officials, supervisors, or volunteers;

(E) A religious, charitable, recreational, educational, or civic organization or branch thereof covering any group of members, participants, or volunteers;

(F) A financial institution or financial institution vendor, parent holding company, trustee, or an agent of a financial institution or financial institution vendor, parent holding company, trustee, or a designee of one (1) or more financial institutions or financial institution vendors, including without limitation an accountholder, credit card holder, debtor, guarantor, or purchaser;

(G) An incorporated or unincorporated association, including without limitation a labor union, that has a common interest, constitution, and bylaws and is organized and maintained in good faith for purposes other than obtaining insurance for members or participants of the association covering its members;

(H) A trust or the trustees of a fund that is established, created, or maintained for the benefit of and covering members, employees, or customers, subject to the permission of the Insurance Commissioner to use a trust and the state's premium tax provisions, as provided in subdivision (d)(1) of this section, of one (1) or more associations meeting the requirements of subdivision (b)(4)(G) of this section;

(I) An entertainment production company covering a group of participants, volunteers, audience members, contestants, or workers;

(J) A volunteer fire department, ambulance, rescue, police, court, or any first aid, civil defense, or other similar volunteer group;

(K) A preschool, daycare institution for children or adults, or senior citizen club;

(L) (i) An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers as defined by their travel status on the rented or leased vehicles. (ii) A common carrier, owner, operator, or lessor of a means of transportation, or an automobile or truck rental or leasing company, is the policyholder under a policy to which this section applies; or

(i) An automobile or truck rental or leasing company covering a group of individuals who may become renters, lessees, or passengers as defined by their travel status on the rented or leased vehicles.

(ii) A common carrier, owner, operator, or lessor of a means of transportation, or an automobile or truck rental or leasing company, is the policyholder under a policy to which this section applies; or

(M) Any other group if the commissioner has determined that the members are engaged in a common enterprise, or have an economic, educational, or social affinity or relationship, and that issuance of the policy would not be contrary to the public interest;

(5) "Fulfillment materials" means documentation sent to the purchaser of a travel protection plan confirming the purchase and providing the travel protection plan's coverage and travel assistance services details;

(6) "Group travel insurance" means travel insurance issued to an eligible group;

(7) "Limited lines travel insurance producer" means: (A) A managing general agent; (B) An insurance producer, including a limited lines producer; or (C) A travel administrator;

(A) A managing general agent;

(B) An insurance producer, including a limited lines producer; or

(C) A travel administrator;

(8) "Offer and disseminate" means to: (A) Provide general information, including without limitation a description of the insurance coverage and the cost of the insurance coverage; (B) Process an application for insurance coverage; (C) Collect the premiums for insurance coverage; and (D) Perform other nonlicensed activities allowed by the insurance laws of this state;

(A) Provide general information, including without limitation a description of the insurance coverage and the cost of the insurance coverage;

(B) Process an application for insurance coverage;

(C) Collect the premiums for insurance coverage; and

(D) Perform other nonlicensed activities allowed by the insurance laws of this state;

(9) "Primary certificate holder" means an individual who elects and purchases travel insurance under a group policy;

(10) "Primary policyholder" means an individual who elects and purchases a policy for individual travel insurance;

(11) (A) "Travel administrator" means a person that, directly or indirectly, underwrites, collects or charges collateral or premiums from, or adjusts or settles claims on, residents of this state in connection with travel insurance. (B) "Travel administrator" does not include a person whose only actions that would otherwise cause it to be considered a travel administrator are among the following: (i) The person works for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator; (ii) The person is an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the license of the insurance producer; (iii) The person is a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer according to this section; (iv) The person is an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney-at-law and does not collect charges or premiums in connection with insurance coverage; or (v) The person is a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer;

(A) "Travel administrator" means a person that, directly or indirectly, underwrites, collects or charges collateral or premiums from, or adjusts or settles claims on, residents of this state in connection with travel insurance.

(B) "Travel administrator" does not include a person whose only actions that would otherwise cause it to be considered a travel administrator are among the following: (i) The person works for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator; (ii) The person is an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the license of the insurance producer; (iii) The person is a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer according to this section; (iv) The person is an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney-at-law and does not collect charges or premiums in connection with insurance coverage; or (v) The person is a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer;

(i) The person works for a travel administrator to the extent that the person's activities are subject to the supervision and control of the travel administrator;

(ii) The person is an insurance producer selling insurance or engaged in administrative and claims-related activities within the scope of the license of the insurance producer;

(iii) The person is a travel retailer offering and disseminating travel insurance and registered under the license of a limited lines travel insurance producer according to this section;

(iv) The person is an individual adjusting or settling claims in the normal course of that individual's practice or employment as an attorney-at-law and does not collect charges or premiums in connection with insurance coverage; or

(v) The person is a business entity that is affiliated with a licensed insurer while acting as a travel administrator for the direct and assumed insurance business of an affiliated insurer;

(12) (A) "Travel assistance service" means a noninsurance service: (i) For which the consumer is not indemnified based on a fortuitous event; and (ii) That does not result in the transfer or shifting of risk that would constitute the business of insurance. (B) "Travel assistance services" includes without limitation: (i) Security advisories; (ii) Destination information; (iii) Vaccination and immunization information services; (iv) Travel reservation services; (v) Entertainment; (vi) Activity and event planning; (vii) Translation assistance; (viii) Emergency messaging; (ix) International legal and medical referrals; (x) Medical case monitoring; (xi) Coordination of transportation arrangements; (xii) Emergency cash transfer assistance; (xiii) Medical prescription replacement assistance; (xiv) Passport and travel document replacement assistance; (xv) Lost luggage assistance; (xvi) Concierge services; and (xvii) Any other service that is furnished in connection with planned travel. (C) "Travel assistance services" is not considered insurance and is not related to insurance;

(A) "Travel assistance service" means a noninsurance service: (i) For which the consumer is not indemnified based on a fortuitous event; and (ii) That does not result in the transfer or shifting of risk that would constitute the business of insurance.

(i) For which the consumer is not indemnified based on a fortuitous event; and

(ii) That does not result in the transfer or shifting of risk that would constitute the business of insurance.

(B) "Travel assistance services" includes without limitation: (i) Security advisories; (ii) Destination information; (iii) Vaccination and immunization information services; (iv) Travel reservation services; (v) Entertainment; (vi) Activity and event planning; (vii) Translation assistance; (viii) Emergency messaging; (ix) International legal and medical referrals; (x) Medical case monitoring; (xi) Coordination of transportation arrangements; (xii) Emergency cash transfer assistance; (xiii) Medical prescription replacement assistance; (xiv) Passport and travel document replacement assistance; (xv) Lost luggage assistance; (xvi) Concierge services; and (xvii) Any other service that is furnished in connection with planned travel.

(i) Security advisories;

(ii) Destination information;

(iii) Vaccination and immunization information services;

(iv) Travel reservation services;

(v) Entertainment;

(vi) Activity and event planning;

(vii) Translation assistance;

(viii) Emergency messaging;

(ix) International legal and medical referrals;

(x) Medical case monitoring;

(xi) Coordination of transportation arrangements;

(xii) Emergency cash transfer assistance;

(xiii) Medical prescription replacement assistance;

(xiv) Passport and travel document replacement assistance;

(xv) Lost luggage assistance;

(xvi) Concierge services; and

(xvii) Any other service that is furnished in connection with planned travel.

(C) "Travel assistance services" is not considered insurance and is not related to insurance;

(13) (A) "Travel insurance" means insurance coverage for personal risks incident to planned travel, including without limitation: (i) Interruption or cancellation of a trip or event; (ii) Loss of baggage or personal effects; (iii) Damages to accommodations or rental vehicles; (iv) Sickness, accident, disability, or death occurring during travel; (v) Emergency evacuation; (vi) Repatriation of remains; or (vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler upon determinable contingencies related to travel as approved by the commissioner. (B) "Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers on trips lasting longer than six (6) months, including without limitation an individual who is working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license;

(A) "Travel insurance" means insurance coverage for personal risks incident to planned travel, including without limitation: (i) Interruption or cancellation of a trip or event; (ii) Loss of baggage or personal effects; (iii) Damages to accommodations or rental vehicles; (iv) Sickness, accident, disability, or death occurring during travel; (v) Emergency evacuation; (vi) Repatriation of remains; or (vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler upon determinable contingencies related to travel as approved by the commissioner.

(i) Interruption or cancellation of a trip or event;

(ii) Loss of baggage or personal effects;

(iii) Damages to accommodations or rental vehicles;

(iv) Sickness, accident, disability, or death occurring during travel;

(v) Emergency evacuation;

(vi) Repatriation of remains; or

(vii) Any other contractual obligations to indemnify or pay a specified amount to a traveler upon determinable contingencies related to travel as approved by the commissioner.

(B) "Travel insurance" does not include major medical plans that provide comprehensive medical protection for travelers on trips lasting longer than six (6) months, including without limitation an individual who is working or residing overseas as an expatriate, or any other product that requires a specific insurance producer license;

(14) "Travel protection plan" means a plan that provides one (1) or more of the following: (A) Travel insurance; (B) Travel assistance services; or (C) Cancellation fee waivers; and

(A) Travel insurance;

(B) Travel assistance services; or

(C) Cancellation fee waivers; and

(15) "Travel retailer" means a business entity that makes, arranges, or offers planned travel and offers and disseminates travel insurance as a service to a customer of the business entity on behalf of and under the direction of a limited lines travel insurance producer.

(c) (1) (A) The commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines travel insurance producer license in a form and manner prescribed by the commissioner. (B) A limited lines travel insurance producer shall be licensed to sell, solicit, and negotiate travel insurance through a licensed insurer. (C) A person shall not act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered under the insurance laws of this state. (2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met: (A) A limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (i) Actual material terms of the insurance coverage or a description of the material terms; (ii) A description of the process for filing a claim; (iii) A description of the review or cancellation process for the travel insurance policy; and (iv) The identity of and contact information for the insurer and limited lines travel insurance producer; (B) (i) A limited lines travel insurance producer establishes at the time of licensure and maintains a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on behalf of the limited lines travel insurance producer in this state. (ii) A register described under subdivision (c)(2)(B)(i) of this section shall be maintained and updated by the limited lines travel insurance producer and include: (a) The name, address, and contact information for the travel retailer and an officer or other person who directs or controls the travel retailer's operations; and (b) The federal employer identification number of the travel retailer. (iii) The limited lines travel insurance producer shall: (a) Provide the register described under subdivision (c)(2)(B)(i) of this section on application for and renewal of a limited lines travel insurance producer license; and (b) Certify that the travel retailer registered is in compliance with 18 U.S.C. § 1033 , as it existed on January 1, 2019. (iv) The grounds for the suspension, revocation, and any penalties that are applicable to resident insurance producers shall be applicable to the limited lines travel insurance producers and travel retailers; (C) A limited lines travel insurance producer has designated an employee who is a licensed individual producer who shall be known as a designated responsible producer, to be responsible for compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants; (D) A designated responsible producer, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer; (E) A limited lines travel insurance producer pays the applicable insurance producer licensing fees; and (F) (i) A limited lines travel insurance producer requires each employee and authorized representative of the travel retailer that offers and disseminates travel insurance to receive instruction or training that may be reviewed and approved by the commissioner. (ii) At a minimum, the training material shall contain instructions on the types of insurance offered, ethical sales practices, and the required disclosures to provide to customers. (3) (A) A travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that have been approved by the insurer. (B) A brochure or other written materials, at a minimum, shall contain the following information: (i) The identity of and contact information for the insurer and limited lines travel insurance producer; (ii) An explanation that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and (iii) An explanation that an unlicensed travel retailer may provide general information about the insurance coverage offered by the travel retailer, including a description of the insurance coverage and the cost of the insurance coverage, but shall not answer technical questions about the insurance terms and conditions offered by the travel retailer or provide an evaluation of the adequacy of any existing insurance coverage. (4) A travel retailer employee or authorized representative of the travel retailer that is not licensed as an insurance producer shall not: (A) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage; (B) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or (C) Hold themselves or itself out as a licensed insurer, producer, or insurance expert. (5) Notwithstanding any other provision in law, a travel retailer, its employees, and authorized representatives of the travel retailer that receive training under subdivision (c)(2)(F)(i) of this section and whose insurance-related activities are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer that is licensed under this subchapter may receive compensation if listed on the registry maintained by the limited lines travel insurance producer under subdivision (c)(2)(B)(i) of this section. (6) As an insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this section. (7) (A) A person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance. (B) A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.

(1) (A) The commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines travel insurance producer license in a form and manner prescribed by the commissioner. (B) A limited lines travel insurance producer shall be licensed to sell, solicit, and negotiate travel insurance through a licensed insurer. (C) A person shall not act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered under the insurance laws of this state.

(A) The commissioner may issue a limited lines travel insurance producer license to an individual or business entity that has filed with the commissioner an application for a limited lines travel insurance producer license in a form and manner prescribed by the commissioner.

(B) A limited lines travel insurance producer shall be licensed to sell, solicit, and negotiate travel insurance through a licensed insurer.

(C) A person shall not act as a limited lines travel insurance producer or travel retailer unless properly licensed or registered under the insurance laws of this state.

(2) A travel retailer may offer and disseminate travel insurance under a limited lines travel insurance producer business entity license only if the following conditions are met: (A) A limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (i) Actual material terms of the insurance coverage or a description of the material terms; (ii) A description of the process for filing a claim; (iii) A description of the review or cancellation process for the travel insurance policy; and (iv) The identity of and contact information for the insurer and limited lines travel insurance producer; (B) (i) A limited lines travel insurance producer establishes at the time of licensure and maintains a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on behalf of the limited lines travel insurance producer in this state. (ii) A register described under subdivision (c)(2)(B)(i) of this section shall be maintained and updated by the limited lines travel insurance producer and include: (a) The name, address, and contact information for the travel retailer and an officer or other person who directs or controls the travel retailer's operations; and (b) The federal employer identification number of the travel retailer. (iii) The limited lines travel insurance producer shall: (a) Provide the register described under subdivision (c)(2)(B)(i) of this section on application for and renewal of a limited lines travel insurance producer license; and (b) Certify that the travel retailer registered is in compliance with 18 U.S.C. § 1033 , as it existed on January 1, 2019. (iv) The grounds for the suspension, revocation, and any penalties that are applicable to resident insurance producers shall be applicable to the limited lines travel insurance producers and travel retailers; (C) A limited lines travel insurance producer has designated an employee who is a licensed individual producer who shall be known as a designated responsible producer, to be responsible for compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants; (D) A designated responsible producer, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer; (E) A limited lines travel insurance producer pays the applicable insurance producer licensing fees; and (F) (i) A limited lines travel insurance producer requires each employee and authorized representative of the travel retailer that offers and disseminates travel insurance to receive instruction or training that may be reviewed and approved by the commissioner. (ii) At a minimum, the training material shall contain instructions on the types of insurance offered, ethical sales practices, and the required disclosures to provide to customers.

(A) A limited lines travel insurance producer or travel retailer provides to purchasers of travel insurance: (i) Actual material terms of the insurance coverage or a description of the material terms; (ii) A description of the process for filing a claim; (iii) A description of the review or cancellation process for the travel insurance policy; and (iv) The identity of and contact information for the insurer and limited lines travel insurance producer;

(i) Actual material terms of the insurance coverage or a description of the material terms;

(ii) A description of the process for filing a claim;

(iii) A description of the review or cancellation process for the travel insurance policy; and

(iv) The identity of and contact information for the insurer and limited lines travel insurance producer;

(B) (i) A limited lines travel insurance producer establishes at the time of licensure and maintains a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on behalf of the limited lines travel insurance producer in this state. (ii) A register described under subdivision (c)(2)(B)(i) of this section shall be maintained and updated by the limited lines travel insurance producer and include: (a) The name, address, and contact information for the travel retailer and an officer or other person who directs or controls the travel retailer's operations; and (b) The federal employer identification number of the travel retailer. (iii) The limited lines travel insurance producer shall: (a) Provide the register described under subdivision (c)(2)(B)(i) of this section on application for and renewal of a limited lines travel insurance producer license; and (b) Certify that the travel retailer registered is in compliance with 18 U.S.C. § 1033 , as it existed on January 1, 2019. (iv) The grounds for the suspension, revocation, and any penalties that are applicable to resident insurance producers shall be applicable to the limited lines travel insurance producers and travel retailers;

(i) A limited lines travel insurance producer establishes at the time of licensure and maintains a register, on a form prescribed by the commissioner, of each travel retailer that offers travel insurance on behalf of the limited lines travel insurance producer in this state.

(ii) A register described under subdivision (c)(2)(B)(i) of this section shall be maintained and updated by the limited lines travel insurance producer and include: (a) The name, address, and contact information for the travel retailer and an officer or other person who directs or controls the travel retailer's operations; and (b) The federal employer identification number of the travel retailer.

(a) The name, address, and contact information for the travel retailer and an officer or other person who directs or controls the travel retailer's operations; and

(b) The federal employer identification number of the travel retailer.

(iii) The limited lines travel insurance producer shall: (a) Provide the register described under subdivision (c)(2)(B)(i) of this section on application for and renewal of a limited lines travel insurance producer license; and (b) Certify that the travel retailer registered is in compliance with 18 U.S.C. § 1033 , as it existed on January 1, 2019.

(a) Provide the register described under subdivision (c)(2)(B)(i) of this section on application for and renewal of a limited lines travel insurance producer license; and

(b) Certify that the travel retailer registered is in compliance with 18 U.S.C. § 1033 , as it existed on January 1, 2019.

(iv) The grounds for the suspension, revocation, and any penalties that are applicable to resident insurance producers shall be applicable to the limited lines travel insurance producers and travel retailers;

(C) A limited lines travel insurance producer has designated an employee who is a licensed individual producer who shall be known as a designated responsible producer, to be responsible for compliance with the travel insurance laws and regulations applicable to the limited lines travel insurance producer and its registrants;

(D) A designated responsible producer, president, secretary, treasurer, and any other officer or person who directs or controls the limited lines travel insurance producer's insurance operations shall comply with the fingerprinting requirements applicable to insurance producers in the resident state of the limited lines travel insurance producer;

(E) A limited lines travel insurance producer pays the applicable insurance producer licensing fees; and

(F) (i) A limited lines travel insurance producer requires each employee and authorized representative of the travel retailer that offers and disseminates travel insurance to receive instruction or training that may be reviewed and approved by the commissioner. (ii) At a minimum, the training material shall contain instructions on the types of insurance offered, ethical sales practices, and the required disclosures to provide to customers.

(i) A limited lines travel insurance producer requires each employee and authorized representative of the travel retailer that offers and disseminates travel insurance to receive instruction or training that may be reviewed and approved by the commissioner.

(ii) At a minimum, the training material shall contain instructions on the types of insurance offered, ethical sales practices, and the required disclosures to provide to customers.

(3) (A) A travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that have been approved by the insurer. (B) A brochure or other written materials, at a minimum, shall contain the following information: (i) The identity of and contact information for the insurer and limited lines travel insurance producer; (ii) An explanation that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and (iii) An explanation that an unlicensed travel retailer may provide general information about the insurance coverage offered by the travel retailer, including a description of the insurance coverage and the cost of the insurance coverage, but shall not answer technical questions about the insurance terms and conditions offered by the travel retailer or provide an evaluation of the adequacy of any existing insurance coverage.

(A) A travel retailer offering or disseminating travel insurance shall make available to prospective purchasers brochures or other written materials that have been approved by the insurer.

(B) A brochure or other written materials, at a minimum, shall contain the following information: (i) The identity of and contact information for the insurer and limited lines travel insurance producer; (ii) An explanation that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and (iii) An explanation that an unlicensed travel retailer may provide general information about the insurance coverage offered by the travel retailer, including a description of the insurance coverage and the cost of the insurance coverage, but shall not answer technical questions about the insurance terms and conditions offered by the travel retailer or provide an evaluation of the adequacy of any existing insurance coverage.

(i) The identity of and contact information for the insurer and limited lines travel insurance producer;

(ii) An explanation that the purchase of travel insurance is not required to purchase any other product or service from the travel retailer; and

(iii) An explanation that an unlicensed travel retailer may provide general information about the insurance coverage offered by the travel retailer, including a description of the insurance coverage and the cost of the insurance coverage, but shall not answer technical questions about the insurance terms and conditions offered by the travel retailer or provide an evaluation of the adequacy of any existing insurance coverage.

(4) A travel retailer employee or authorized representative of the travel retailer that is not licensed as an insurance producer shall not: (A) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage; (B) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or (C) Hold themselves or itself out as a licensed insurer, producer, or insurance expert.

(A) Evaluate or interpret the technical terms, benefits, and conditions of the offered travel insurance coverage;

(B) Evaluate or provide advice concerning a prospective purchaser's existing insurance coverage; or

(C) Hold themselves or itself out as a licensed insurer, producer, or insurance expert.

(5) Notwithstanding any other provision in law, a travel retailer, its employees, and authorized representatives of the travel retailer that receive training under subdivision (c)(2)(F)(i) of this section and whose insurance-related activities are limited to offering and disseminating travel insurance on behalf of and under the direction of a limited lines travel insurance producer that is licensed under this subchapter may receive compensation if listed on the registry maintained by the limited lines travel insurance producer under subdivision (c)(2)(B)(i) of this section.

(6) As an insurer designee, the limited lines travel insurance producer is responsible for the acts of the travel retailer and shall use reasonable means to ensure compliance by the travel retailer with this section.

(7) (A) A person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance. (B) A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.

(A) A person licensed in a major line of authority as an insurance producer is authorized to sell, solicit, and negotiate travel insurance.

(B) A property and casualty insurance producer is not required to become appointed by an insurer in order to sell, solicit, or negotiate travel insurance.

(d) (1) An insurer shall pay premium tax, as provided in § 26-57-603 , on travel insurance premiums paid by any of the following: (A) An individual primary policyholder who is a resident of this state; (B) A primary certificate holder who is a resident of this state and elects coverage under a group travel insurance policy; or (C) A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary in, this state if that affiliate or subsidiary has purchased blanket travel insurance in this state for eligible blanket group members, and subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions. (2) An insurer shall: (A) Document the state of residence or principal place of business of the primary policyholder or primary certificate holder, as required in subdivision (d)(1) of this section; and (B) Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.

(1) An insurer shall pay premium tax, as provided in § 26-57-603 , on travel insurance premiums paid by any of the following: (A) An individual primary policyholder who is a resident of this state; (B) A primary certificate holder who is a resident of this state and elects coverage under a group travel insurance policy; or (C) A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary in, this state if that affiliate or subsidiary has purchased blanket travel insurance in this state for eligible blanket group members, and subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.

(A) An individual primary policyholder who is a resident of this state;

(B) A primary certificate holder who is a resident of this state and elects coverage under a group travel insurance policy; or

(C) A blanket travel insurance policyholder that is a resident in, or has its principal place of business or the principal place of business of an affiliate or subsidiary in, this state if that affiliate or subsidiary has purchased blanket travel insurance in this state for eligible blanket group members, and subject to any apportionment rules which apply to the insurer across multiple taxing jurisdictions or that permits the insurer to allocate premium on an apportioned basis in a reasonable and equitable manner in those jurisdictions.

(2) An insurer shall: (A) Document the state of residence or principal place of business of the primary policyholder or primary certificate holder, as required in subdivision (d)(1) of this section; and (B) Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.

(A) Document the state of residence or principal place of business of the primary policyholder or primary certificate holder, as required in subdivision (d)(1) of this section; and

(B) Report as premium only the amount allocable to travel insurance and not any amounts received for travel assistance services or cancellation fee waivers.

(e) A travel protection plan may be offered for one (1) price for the combined features that the travel protection plan offers in this state if: (1) A travel protection plan clearly discloses to the consumer at or before the time of purchase that the travel protection plan includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity at or before the time of purchase for the consumer to obtain additional information regarding the features and pricing of each; and (2) The fulfillment materials: (A) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (B) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.

(1) A travel protection plan clearly discloses to the consumer at or before the time of purchase that the travel protection plan includes travel insurance, travel assistance services, and cancellation fee waivers, as applicable, and provides information and an opportunity at or before the time of purchase for the consumer to obtain additional information regarding the features and pricing of each; and

(2) The fulfillment materials: (A) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and (B) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.

(A) Describe and delineate the travel insurance, travel assistance services, and cancellation fee waivers in the travel protection plan; and

(B) Include the travel insurance disclosures and the contact information for persons providing travel assistance services and cancellation fee waivers, as applicable.

(f) (1) (A) Except as provided in subdivision (f)(1)(B) of this section, a person offering travel insurance to residents of this state is subject to the Trade Practices Act, § 23-66-201 et seq. (B) If a conflict exists between this section and any other insurance law of this state regarding the sale and marketing of travel insurance and travel protection plans, this section controls. (2) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq. (3) (A) All documents provided to consumers before the purchase of travel insurance, including without limitation sales materials and marketing materials, shall be consistent with the travel insurance policy itself, including without limitation, forms, endorsements, policies, rate filings, and certificates of insurance. (B) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time before the time of purchase and in the coverage's fulfillment materials. (C) (i) The fulfillment materials and the information described in subdivision (c)(2)(A) of this section shall be provided to a primary policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan. (ii) (a) Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. (b) For purposes of subdivision (f)(3)(C)(ii) (a) of this section, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder. (D) The policy documentation and fulfillment materials shall disclose whether the travel insurance is primary or secondary to other applicable coverage. (E) If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law when an accurate summary or short description of coverage is provided on the insurer's website or aggregator site, so long as the consumer has access to the full provisions of the policy through electronic means. (4) A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis shall not do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage such as unchecking a box on an electronic form when the consumer purchases a trip. (5) It is an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., to market blanket travel insurance coverage as free. (6) If a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: (A) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (B) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements before departure.

(1) (A) Except as provided in subdivision (f)(1)(B) of this section, a person offering travel insurance to residents of this state is subject to the Trade Practices Act, § 23-66-201 et seq. (B) If a conflict exists between this section and any other insurance law of this state regarding the sale and marketing of travel insurance and travel protection plans, this section controls.

(A) Except as provided in subdivision (f)(1)(B) of this section, a person offering travel insurance to residents of this state is subject to the Trade Practices Act, § 23-66-201 et seq.

(B) If a conflict exists between this section and any other insurance law of this state regarding the sale and marketing of travel insurance and travel protection plans, this section controls.

(2) Offering or selling a travel insurance policy that could never result in payment of any claims for any insured under the policy is an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq.

(3) (A) All documents provided to consumers before the purchase of travel insurance, including without limitation sales materials and marketing materials, shall be consistent with the travel insurance policy itself, including without limitation, forms, endorsements, policies, rate filings, and certificates of insurance. (B) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time before the time of purchase and in the coverage's fulfillment materials. (C) (i) The fulfillment materials and the information described in subdivision (c)(2)(A) of this section shall be provided to a primary policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan. (ii) (a) Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. (b) For purposes of subdivision (f)(3)(C)(ii) (a) of this section, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder. (D) The policy documentation and fulfillment materials shall disclose whether the travel insurance is primary or secondary to other applicable coverage. (E) If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law when an accurate summary or short description of coverage is provided on the insurer's website or aggregator site, so long as the consumer has access to the full provisions of the policy through electronic means.

(A) All documents provided to consumers before the purchase of travel insurance, including without limitation sales materials and marketing materials, shall be consistent with the travel insurance policy itself, including without limitation, forms, endorsements, policies, rate filings, and certificates of insurance.

(B) For travel insurance policies or certificates that contain pre-existing condition exclusions, information and an opportunity to learn more about the pre-existing condition exclusions shall be provided any time before the time of purchase and in the coverage's fulfillment materials.

(C) (i) The fulfillment materials and the information described in subdivision (c)(2)(A) of this section shall be provided to a primary policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan. (ii) (a) Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. (b) For purposes of subdivision (f)(3)(C)(ii) (a) of this section, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder.

(i) The fulfillment materials and the information described in subdivision (c)(2)(A) of this section shall be provided to a primary policyholder or primary certificate holder as soon as practicable following the purchase of a travel protection plan.

(ii) (a) Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail. (b) For purposes of subdivision (f)(3)(C)(ii) (a) of this section, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder.

(a) Unless the insured has either started a covered trip or filed a claim under the travel insurance coverage, a primary policyholder or primary certificate holder may cancel a policy or certificate for a full refund of the travel protection plan price from the date of purchase of a travel protection plan until at least: (1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or (2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail.

(1) Fifteen (15) days after the date of delivery of the travel protection plan's fulfillment materials by postal mail; or

(2) Ten (10) days after the date of delivery of the travel protection plan's fulfillment materials by means other than postal mail.

(b) For purposes of subdivision (f)(3)(C)(ii) (a) of this section, "delivery" means handing fulfillment materials to the primary policyholder or primary certificate holder or sending fulfillment materials by postal mail or electronic means to the primary policyholder or primary certificate holder.

(D) The policy documentation and fulfillment materials shall disclose whether the travel insurance is primary or secondary to other applicable coverage.

(E) If travel insurance is marketed directly to a consumer through an insurer's website or by others through an aggregator site, it shall not be an unfair trade practice or other violation of law when an accurate summary or short description of coverage is provided on the insurer's website or aggregator site, so long as the consumer has access to the full provisions of the policy through electronic means.

(4) A person offering, soliciting, or negotiating travel insurance or travel protection plans on an individual or group basis shall not do so by using negative option or opt out, which would require a consumer to take an affirmative action to deselect coverage such as unchecking a box on an electronic form when the consumer purchases a trip.

(5) It is an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., to market blanket travel insurance coverage as free.

(6) If a consumer's destination jurisdiction requires insurance coverage, it is not an unfair trade practice under the Trade Practices Act, § 23-66-201 et seq., to require that a consumer choose between the following options as a condition of purchasing a trip or travel package: (A) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or (B) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements before departure.

(A) Purchasing the coverage required by the destination jurisdiction through the travel retailer or limited lines travel insurance producer supplying the trip or travel package; or

(B) Agreeing to obtain and provide proof of coverage that meets the destination jurisdiction's requirements before departure.

(g) (1) Notwithstanding any other provision of insurance laws in this state, a person shall not act or represent itself as a travel administrator for travel insurance in this state unless that person: (A) Is a licensed property and casualty insurance producer in this state for activities permitted under that property and casualty insurance producer license; or (B) Holds a valid managing general agent license in this state. (2) A travel administrator and its employees are exempt from the licensing requirements for adjusters under § 23-64-201 for travel insurance it administers. (3) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.

(1) Notwithstanding any other provision of insurance laws in this state, a person shall not act or represent itself as a travel administrator for travel insurance in this state unless that person: (A) Is a licensed property and casualty insurance producer in this state for activities permitted under that property and casualty insurance producer license; or (B) Holds a valid managing general agent license in this state.

(A) Is a licensed property and casualty insurance producer in this state for activities permitted under that property and casualty insurance producer license; or

(B) Holds a valid managing general agent license in this state.

(2) A travel administrator and its employees are exempt from the licensing requirements for adjusters under § 23-64-201 for travel insurance it administers.

(3) An insurer is responsible for the acts of a travel administrator administering travel insurance underwritten by the insurer and is responsible for ensuring that the travel administrator maintains all books and records relevant to the insurer to be made available by the travel administrator to the commissioner upon request.

(h) (1) Notwithstanding any other provision of the insurance laws of this state, travel insurance shall be classified and filed for purposes of rates and forms as marine insurance, provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains or in conjunction with incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or a marine line of insurance. (2) Travel insurance may be in the form of an individual, group, or blanket policy. (3) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for marine insurance.

(1) Notwithstanding any other provision of the insurance laws of this state, travel insurance shall be classified and filed for purposes of rates and forms as marine insurance, provided, however, that travel insurance that provides coverage for sickness, accident, disability, or death occurring during travel, either exclusively or in conjunction with related coverages of emergency evacuation or repatriation of remains or in conjunction with incidental limited property and casualty benefits such as baggage or trip cancellation, may be filed by an authorized insurer under either an accident and health line of insurance or a marine line of insurance.

(2) Travel insurance may be in the form of an individual, group, or blanket policy.

(3) Eligibility and underwriting standards for travel insurance may be developed and provided based on travel protection plans designed for individual or identified marketing or distribution channels, provided those standards also meet the state's underwriting standards for marine insurance.

(i) (1) The commissioner shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(1) The commissioner shall promulgate rules necessary to implement this section.

(2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

(A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before January 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(i) On or before January 1, 2020; or

(ii) If approval under § 10-3-309 has not occurred by January 1, 2020, as soon as practicable after approval under § 10-3-309 .

(B) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of January 1, 2020, so that the Legislative Council may consider the rule for approval before January 1, 2020.

Added by Act 2019, No. 698,§ 3, eff. for travel insurance sold on or after 10/1/2019.