Ark. Code Ann. § 23-53-105 — AR Code / Title 23 / Chapter 53 / Section 23-53-105
Preservation and enforcement of claims and defenses - No subterfuge
Status: in_force

(a) Liability of Assignees and Other Holders in High-Cost Home Loans. (1) Notwithstanding any provision of any other law, the remedies provided in this chapter apply to any person or entity who personally participated in the making or approving of the high-cost home loan and who violated the requirements of this chapter. (2) (A) (i) Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or broker of the loan. (ii) However, if the purchaser or assignee demonstrates by a preponderance of the evidence that at the time of the purchase of the home loans or within a reasonable time thereafter the purchaser or assignee exercised reasonable due diligence that was intended to prevent the purchaser or assignee from purchasing or taking assignment of high-cost home loans, then the purchaser or assignee shall have no liability to any person under this chapter. (B) The liability of any person who purchases or is otherwise assigned a high-cost home loan whose liability is established under this subsection but who did not personally participate in the making or approving of the high-cost home loan, shall be limited to the amount of all remaining indebtedness of the borrower and the total amount paid by the borrower in connection with the transaction. (C) Any person incurring liability as an assignee is entitled to full recourse against any previous assignee or against any person or entity who personally participated in making or approving the home loan for the full amount of liability sustained by the assignee. (b) Liability of Assignees in Foreclosure Action. Notwithstanding any provision of any other law, a borrower in default more than sixty (60) days or in foreclosure may assert a violation of this chapter by way of offset: (1) (A) As an original action, in an individual action only, brought within two (2) years from the date of the occurrence of the violation. (B) A borrower shall not be barred from asserting a violation in an action to collect the debt which was brought more than one (1) year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in the action except as otherwise provided by law; (2) As a defense or counterclaim to an action to collect amounts owed; or (3) To obtain possession of the home secured by the high-cost home loan. (c) No Subterfuge. It is a violation of this chapter for any person who in bad faith attempts to avoid the application of this chapter by: (1) Dividing any loan transaction into separate parts for this purpose; or (2) Any other subterfuge, with the intent of evading the provisions of this chapter. Acts 2003, No. 1340, § 4[5].

(a) Liability of Assignees and Other Holders in High-Cost Home Loans. (1) Notwithstanding any provision of any other law, the remedies provided in this chapter apply to any person or entity who personally participated in the making or approving of the high-cost home loan and who violated the requirements of this chapter. (2) (A) (i) Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or broker of the loan. (ii) However, if the purchaser or assignee demonstrates by a preponderance of the evidence that at the time of the purchase of the home loans or within a reasonable time thereafter the purchaser or assignee exercised reasonable due diligence that was intended to prevent the purchaser or assignee from purchasing or taking assignment of high-cost home loans, then the purchaser or assignee shall have no liability to any person under this chapter. (B) The liability of any person who purchases or is otherwise assigned a high-cost home loan whose liability is established under this subsection but who did not personally participate in the making or approving of the high-cost home loan, shall be limited to the amount of all remaining indebtedness of the borrower and the total amount paid by the borrower in connection with the transaction. (C) Any person incurring liability as an assignee is entitled to full recourse against any previous assignee or against any person or entity who personally participated in making or approving the home loan for the full amount of liability sustained by the assignee.

(1) Notwithstanding any provision of any other law, the remedies provided in this chapter apply to any person or entity who personally participated in the making or approving of the high-cost home loan and who violated the requirements of this chapter.

(2) (A) (i) Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or broker of the loan. (ii) However, if the purchaser or assignee demonstrates by a preponderance of the evidence that at the time of the purchase of the home loans or within a reasonable time thereafter the purchaser or assignee exercised reasonable due diligence that was intended to prevent the purchaser or assignee from purchasing or taking assignment of high-cost home loans, then the purchaser or assignee shall have no liability to any person under this chapter. (B) The liability of any person who purchases or is otherwise assigned a high-cost home loan whose liability is established under this subsection but who did not personally participate in the making or approving of the high-cost home loan, shall be limited to the amount of all remaining indebtedness of the borrower and the total amount paid by the borrower in connection with the transaction. (C) Any person incurring liability as an assignee is entitled to full recourse against any previous assignee or against any person or entity who personally participated in making or approving the home loan for the full amount of liability sustained by the assignee.

(A) (i) Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or broker of the loan. (ii) However, if the purchaser or assignee demonstrates by a preponderance of the evidence that at the time of the purchase of the home loans or within a reasonable time thereafter the purchaser or assignee exercised reasonable due diligence that was intended to prevent the purchaser or assignee from purchasing or taking assignment of high-cost home loans, then the purchaser or assignee shall have no liability to any person under this chapter.

(i) Any person who purchases or is otherwise assigned a high-cost home loan shall be subject to all affirmative claims and any defenses with respect to the loan that the borrower could assert against the original creditor or broker of the loan.

(ii) However, if the purchaser or assignee demonstrates by a preponderance of the evidence that at the time of the purchase of the home loans or within a reasonable time thereafter the purchaser or assignee exercised reasonable due diligence that was intended to prevent the purchaser or assignee from purchasing or taking assignment of high-cost home loans, then the purchaser or assignee shall have no liability to any person under this chapter.

(B) The liability of any person who purchases or is otherwise assigned a high-cost home loan whose liability is established under this subsection but who did not personally participate in the making or approving of the high-cost home loan, shall be limited to the amount of all remaining indebtedness of the borrower and the total amount paid by the borrower in connection with the transaction.

(C) Any person incurring liability as an assignee is entitled to full recourse against any previous assignee or against any person or entity who personally participated in making or approving the home loan for the full amount of liability sustained by the assignee.

(b) Liability of Assignees in Foreclosure Action. Notwithstanding any provision of any other law, a borrower in default more than sixty (60) days or in foreclosure may assert a violation of this chapter by way of offset: (1) (A) As an original action, in an individual action only, brought within two (2) years from the date of the occurrence of the violation. (B) A borrower shall not be barred from asserting a violation in an action to collect the debt which was brought more than one (1) year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in the action except as otherwise provided by law; (2) As a defense or counterclaim to an action to collect amounts owed; or (3) To obtain possession of the home secured by the high-cost home loan.

(1) (A) As an original action, in an individual action only, brought within two (2) years from the date of the occurrence of the violation. (B) A borrower shall not be barred from asserting a violation in an action to collect the debt which was brought more than one (1) year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in the action except as otherwise provided by law;

(A) As an original action, in an individual action only, brought within two (2) years from the date of the occurrence of the violation.

(B) A borrower shall not be barred from asserting a violation in an action to collect the debt which was brought more than one (1) year from the date of the occurrence of the violation as a matter of defense by recoupment or set-off in the action except as otherwise provided by law;

(2) As a defense or counterclaim to an action to collect amounts owed; or

(3) To obtain possession of the home secured by the high-cost home loan.

(c) No Subterfuge. It is a violation of this chapter for any person who in bad faith attempts to avoid the application of this chapter by: (1) Dividing any loan transaction into separate parts for this purpose; or (2) Any other subterfuge, with the intent of evading the provisions of this chapter.

(1) Dividing any loan transaction into separate parts for this purpose; or

(2) Any other subterfuge, with the intent of evading the provisions of this chapter.

Acts 2003, No. 1340, § 4[5].
Ark. Code Ann. § 23-48-512 — AR Code / Title 23 / Chapter 48 / Subchapter 5 / Section 23-48-512
Provisions when resulting state bank not to exercise trust powers
Status: in_force

When a resulting state bank is not to exercise trust powers, the Bank Commissioner shall not approve a merger or conversion until satisfied that adequate provision has been made for successors to fiduciary positions held by the merging banks or the converting bank. Acts 1997, No. 89, § 1; 1997, No. 408, § 15.

When a resulting state bank is not to exercise trust powers, the Bank Commissioner shall not approve a merger or conversion until satisfied that adequate provision has been made for successors to fiduciary positions held by the merging banks or the converting bank.

Acts 1997, No. 89, § 1; 1997, No. 408, § 15.
Ark. Code Ann. § 23-66-506 — AR Code / Title 23 / Chapter 66 / Subchapter 5 / Section 23-66-506
Immunity from liability
Status: in_force

(a) There shall be no civil liability for libel, slander, or any other cause of action imposed on, and no cause of action shall arise from a person's furnishing information concerning suspected, anticipated, or completed fraudulent insurance acts, if the information is provided to or received from: (1) The Insurance Commissioner or the commissioner's employees, agents, or representatives; (2) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives; (3) A person employed by or authorized by an insurer whose activities include the investigation or reporting of suspected fraudulent insurance acts when furnishing, disclosing, or requesting information on such suspected fraudulent insurance acts to or from a person employed by or authorized by other insurers or insurer organizations acting in the same capacity; or (4) The National Association of Insurance Commissioners or its employees, agents, or representatives. (b) Subsection (a) of this section shall not apply to statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that subsection (a) of this section does not apply because the person filing the report or furnishing the information did so with actual malice. (c) This section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in subsection (a) of this section. Acts 1997, No. 217, § 1.

(a) There shall be no civil liability for libel, slander, or any other cause of action imposed on, and no cause of action shall arise from a person's furnishing information concerning suspected, anticipated, or completed fraudulent insurance acts, if the information is provided to or received from: (1) The Insurance Commissioner or the commissioner's employees, agents, or representatives; (2) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives; (3) A person employed by or authorized by an insurer whose activities include the investigation or reporting of suspected fraudulent insurance acts when furnishing, disclosing, or requesting information on such suspected fraudulent insurance acts to or from a person employed by or authorized by other insurers or insurer organizations acting in the same capacity; or (4) The National Association of Insurance Commissioners or its employees, agents, or representatives.

(1) The Insurance Commissioner or the commissioner's employees, agents, or representatives;

(2) Federal, state, or local law enforcement or regulatory officials or their employees, agents, or representatives;

(3) A person employed by or authorized by an insurer whose activities include the investigation or reporting of suspected fraudulent insurance acts when furnishing, disclosing, or requesting information on such suspected fraudulent insurance acts to or from a person employed by or authorized by other insurers or insurer organizations acting in the same capacity; or

(4) The National Association of Insurance Commissioners or its employees, agents, or representatives.

(b) Subsection (a) of this section shall not apply to statements made with actual malice. In an action brought against a person for filing a report or furnishing other information concerning a fraudulent insurance act, the party bringing the action shall plead specifically any allegation that subsection (a) of this section does not apply because the person filing the report or furnishing the information did so with actual malice.

(c) This section does not abrogate or modify common law or statutory privileges or immunities enjoyed by a person described in subsection (a) of this section.

Acts 1997, No. 217, § 1.
Ark. Code Ann. § 23-18-517 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-517
Parties to certification proceedings
Status: in_force

(a) The parties to a certification proceeding shall include: (1) The applicant; (2) Each municipality, county, and government agency or department or other person entitled to receive service of a copy of the application under § 23-18-513(a) if it has filed with the Arkansas Public Service Commission a notice of intervention as a party within thirty (30) days after service; or (3) A person residing in a municipality or county that is entitled to receive service of a copy of the application under § 23-18-513(a) or any domestic nonprofit corporation formed in whole or in part to promote conservation or natural beauty, to promote energy conservation, to protect the environment, personal health, or other biological values, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located if the: (A) Person or organization has an interest that may be directly affected by the commission's action; (B) Interest is not adequately represented by other parties; and (C) Person or corporation has petitioned the commission for leave to intervene as a party within thirty (30) days after the date given in the public notice as the date of filing the application. (b) (1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application. (2) No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position. (3) The person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If the person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission. (c) Every notice of intervention and petition to intervene shall be in writing and shall comply with all procedural rules of the commission, and shall contain clear and concise statements of the nature of the right or interest of the petitioner or intervenor in the proceeding, the specific objections of the petitioner or intervenor to the applicant's proposal, the grounds and issues of fact and law upon which petitioner or intervenor wishes to be heard, and any other reasonable information which may be required by rule or order of the commission. (d) For good cause shown, the commission may grant a petition for leave to intervene as a party or to make a limited appearance and to participate in subsequent phases of the proceeding, filed by any person who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be, whose interests the commission finds are not otherwise adequately represented by another party and whose participation will not delay the proceedings, if the intervention or limited appearance is filed and served at least ten (10) days in advance of the date the hearing on the application is scheduled to commence. Acts 1973, No. 164, § 7; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.6; Acts 2009, No. 752, § 1; 2011, No. 910, § 8.

(a) The parties to a certification proceeding shall include: (1) The applicant; (2) Each municipality, county, and government agency or department or other person entitled to receive service of a copy of the application under § 23-18-513(a) if it has filed with the Arkansas Public Service Commission a notice of intervention as a party within thirty (30) days after service; or (3) A person residing in a municipality or county that is entitled to receive service of a copy of the application under § 23-18-513(a) or any domestic nonprofit corporation formed in whole or in part to promote conservation or natural beauty, to promote energy conservation, to protect the environment, personal health, or other biological values, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located if the: (A) Person or organization has an interest that may be directly affected by the commission's action; (B) Interest is not adequately represented by other parties; and (C) Person or corporation has petitioned the commission for leave to intervene as a party within thirty (30) days after the date given in the public notice as the date of filing the application.

(1) The applicant;

(2) Each municipality, county, and government agency or department or other person entitled to receive service of a copy of the application under § 23-18-513(a) if it has filed with the Arkansas Public Service Commission a notice of intervention as a party within thirty (30) days after service; or

(3) A person residing in a municipality or county that is entitled to receive service of a copy of the application under § 23-18-513(a) or any domestic nonprofit corporation formed in whole or in part to promote conservation or natural beauty, to promote energy conservation, to protect the environment, personal health, or other biological values, to represent commercial and industrial groups, or to promote the orderly development of the areas in which the facility is to be located if the: (A) Person or organization has an interest that may be directly affected by the commission's action; (B) Interest is not adequately represented by other parties; and (C) Person or corporation has petitioned the commission for leave to intervene as a party within thirty (30) days after the date given in the public notice as the date of filing the application.

(A) Person or organization has an interest that may be directly affected by the commission's action;

(B) Interest is not adequately represented by other parties; and

(C) Person or corporation has petitioned the commission for leave to intervene as a party within thirty (30) days after the date given in the public notice as the date of filing the application.

(b) (1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application. (2) No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position. (3) The person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If the person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission.

(1) Any person may make a limited appearance in the proceeding by filing a verified statement of position within thirty (30) days after the date given in the public notice as the date of filing the application.

(2) No person making a limited appearance shall be a party or shall have the right to receive further notice or to cross-examine witnesses on any issue outside the scope of its statement of position.

(3) The person making a limited appearance is subject to being called for cross-examination only on the subject matter of the statement of position by the applicant or other party. If the person fails to appear for cross-examination, if called, the statement of position may be stricken from the record at the discretion of the commission.

(c) Every notice of intervention and petition to intervene shall be in writing and shall comply with all procedural rules of the commission, and shall contain clear and concise statements of the nature of the right or interest of the petitioner or intervenor in the proceeding, the specific objections of the petitioner or intervenor to the applicant's proposal, the grounds and issues of fact and law upon which petitioner or intervenor wishes to be heard, and any other reasonable information which may be required by rule or order of the commission.

(d) For good cause shown, the commission may grant a petition for leave to intervene as a party or to make a limited appearance and to participate in subsequent phases of the proceeding, filed by any person who failed to file a timely notice of intervention or petition for leave to intervene, as the case may be, whose interests the commission finds are not otherwise adequately represented by another party and whose participation will not delay the proceedings, if the intervention or limited appearance is filed and served at least ten (10) days in advance of the date the hearing on the application is scheduled to commence.

Acts 1973, No. 164, § 7; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.6; Acts 2009, No. 752, § 1; 2011, No. 910, § 8.
Ark. Code Ann. § 23-112-1008 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1008
[Repealed]
Status: repealed

Repealed by Act 2021, No. 504,§ 17, eff. 7/28/2021. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

Repealed by Act 2021, No. 504,§ 17, eff. 7/28/2021.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-112-501 — AR Code / Title 23 / Chapter 112 / Subchapter 5 / Section 23-112-501
Right to hearing
Status: in_force

(a) (1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission. (2) Within thirty (30) days after the executive director denies an application under subdivision (a)(1) of this section, the affected applicant may protest the executive director's decision and request a hearing before the commission. (b) The commission shall not: (1) Revoke or suspend a license without first giving the licensee a hearing or an opportunity to be heard on the question of whether there are sufficient grounds under this chapter upon which to base the revocation or suspension; or (2) Impose a civil penalty pursuant to §§ 23-112-314 and 23-112-1020 without first giving the respondent a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2013, No. 1043,§ 9, eff. 1/1/2014. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1999, No. 1042, § 10; 2009, No. 756, § 18.

(a) (1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission. (2) Within thirty (30) days after the executive director denies an application under subdivision (a)(1) of this section, the affected applicant may protest the executive director's decision and request a hearing before the commission.

(1) The Arkansas Motor Vehicle Commission may deny an application for a license if the application is considered inadequate after the initial review by the Executive Director of the Arkansas Motor Vehicle Commission.

(2) Within thirty (30) days after the executive director denies an application under subdivision (a)(1) of this section, the affected applicant may protest the executive director's decision and request a hearing before the commission.

(b) The commission shall not: (1) Revoke or suspend a license without first giving the licensee a hearing or an opportunity to be heard on the question of whether there are sufficient grounds under this chapter upon which to base the revocation or suspension; or (2) Impose a civil penalty pursuant to §§ 23-112-314 and 23-112-1020 without first giving the respondent a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(1) Revoke or suspend a license without first giving the licensee a hearing or an opportunity to be heard on the question of whether there are sufficient grounds under this chapter upon which to base the revocation or suspension; or

(2) Impose a civil penalty pursuant to §§ 23-112-314 and 23-112-1020 without first giving the respondent a hearing pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2013, No. 1043,§ 9, eff. 1/1/2014.

Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307; Acts 1999, No. 1042, § 10; 2009, No. 756, § 18.
Ark. Code Ann. § 23-11-505 — AR Code / Title 23 / Chapter 11 / Subchapter 5 / Section 23-11-505
List of lands conveyed - Assessment
Status: in_force

(a) It shall be the duty of the Commissioner of State Lands, immediately upon the execution of any conveyance conveying lands to any railroad company, to make a list of the lands conveyed and send the list of the lands conveyed to the assessor of the county in which the lands are situated. (b) The assessor shall at the next assessment assess the lands for taxation as the property of the railroad company in the same manner that other lands are assessed. Acts 1883, No. 26, § 3, p. 47; C. & M. Dig., § 8457; Pope's Dig., § 11031; A.S.A. 1947, § 73-505.

(a) It shall be the duty of the Commissioner of State Lands, immediately upon the execution of any conveyance conveying lands to any railroad company, to make a list of the lands conveyed and send the list of the lands conveyed to the assessor of the county in which the lands are situated.

(b) The assessor shall at the next assessment assess the lands for taxation as the property of the railroad company in the same manner that other lands are assessed.

Acts 1883, No. 26, § 3, p. 47; C. & M. Dig., § 8457; Pope's Dig., § 11031; A.S.A. 1947, § 73-505.
Ark. Code Ann. § 23-3-512 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-512
Appeal to Supreme Court
Status: in_force

(a) The Arkansas Public Service Commission, the river crossing proprietor, or any other party to an action in the circuit court to review the order of the commission, within thirty (30) days after the entry of the final judgment of the circuit court, may appeal to the Supreme Court. (b) All such appeals will be advanced on the docket of the Supreme Court as matters of public interest. Amended by Act 2013, No. 1144,§ 2, eff. 8/16/2013. Acts 1961, No. 188, § 14; A.S.A. 1947, § 73-2214.

(a) The Arkansas Public Service Commission, the river crossing proprietor, or any other party to an action in the circuit court to review the order of the commission, within thirty (30) days after the entry of the final judgment of the circuit court, may appeal to the Supreme Court.

(b) All such appeals will be advanced on the docket of the Supreme Court as matters of public interest.

Amended by Act 2013, No. 1144,§ 2, eff. 8/16/2013.

Acts 1961, No. 188, § 14; A.S.A. 1947, § 73-2214.
Ark. Code Ann. § 23-99-1304 — AR Code / Title 23 / Chapter 99 / Subchapter 13 / Section 23-99-1304
Enforcement
Status: in_force

(a) A contracting entity is subject to the Trade Practices Act, § 23-66-201 et seq. (b) The State Insurance Department shall enforce this subchapter. Added by Act 2019, No. 736,§ 1, eff. 7/24/2019.

(a) A contracting entity is subject to the Trade Practices Act, § 23-66-201 et seq.

(b) The State Insurance Department shall enforce this subchapter.

Added by Act 2019, No. 736,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-13-226 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-226
Dual operation
Status: in_force

No person shall at the same time hold under this subchapter a certificate as a common carrier and permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown the Arkansas Department of Transportation shall find that the certificate and permit will promote the public interest and the policy declared in § 23-13-202 . Amended by Act 2017, No. 707,§ 201, eff. 8/1/2017. Acts 1955, No. 397, § 12; A.S.A. 1947, § 73-1765.

No person shall at the same time hold under this subchapter a certificate as a common carrier and permit as a contract carrier authorizing operation for the transportation of property by motor vehicle over the same route or within the same territory, unless for good cause shown the Arkansas Department of Transportation shall find that the certificate and permit will promote the public interest and the policy declared in § 23-13-202 .

Amended by Act 2017, No. 707,§ 201, eff. 8/1/2017.

Acts 1955, No. 397, § 12; A.S.A. 1947, § 73-1765.
Ark. Code Ann. § 23-11-103 — AR Code / Title 23 / Chapter 11 / Subchapter 1 / Section 23-11-103
Railroads and express companies - Annual reports - Failure to report - Penalty
Status: in_force

(a) It is the duty of every person or corporation operating any railroad or express company in this state to make annual returns of the business of the railroad or express company to the Arkansas Department of Transportation. (b) (1) The returns shall embrace all receipts and expenditures of the railroad or express companies in this state and are to be made according to forms furnished by the department for that purpose. (2) The returns shall be made within thirty (30) days after the end of each year to which they relate. (3) The returns shall be sworn to by some officer of the railroad or express company having knowledge of the matters therein stated. (c) (1) Any person or corporation who fails or refuses to make the returns shall be liable to a penalty of fifty dollars ($50.00) for each day of such a failure or refusal. (2) The penalty is to be recovered by action commenced in the name of the State of Arkansas in any court having jurisdiction of the amount, the action to be prosecuted as provided in this act. Amended by Act 2017, No. 707,§ 154, eff. 8/1/2017. Acts 1899, No. 53, § 17, p. 82; C. & M. Dig., § 1624; Pope's Dig., § 1946; A.S.A. 1947, § 73-138.

(a) It is the duty of every person or corporation operating any railroad or express company in this state to make annual returns of the business of the railroad or express company to the Arkansas Department of Transportation.

(b) (1) The returns shall embrace all receipts and expenditures of the railroad or express companies in this state and are to be made according to forms furnished by the department for that purpose. (2) The returns shall be made within thirty (30) days after the end of each year to which they relate. (3) The returns shall be sworn to by some officer of the railroad or express company having knowledge of the matters therein stated.

(1) The returns shall embrace all receipts and expenditures of the railroad or express companies in this state and are to be made according to forms furnished by the department for that purpose.

(2) The returns shall be made within thirty (30) days after the end of each year to which they relate.

(3) The returns shall be sworn to by some officer of the railroad or express company having knowledge of the matters therein stated.

(c) (1) Any person or corporation who fails or refuses to make the returns shall be liable to a penalty of fifty dollars ($50.00) for each day of such a failure or refusal. (2) The penalty is to be recovered by action commenced in the name of the State of Arkansas in any court having jurisdiction of the amount, the action to be prosecuted as provided in this act.

(1) Any person or corporation who fails or refuses to make the returns shall be liable to a penalty of fifty dollars ($50.00) for each day of such a failure or refusal.

(2) The penalty is to be recovered by action commenced in the name of the State of Arkansas in any court having jurisdiction of the amount, the action to be prosecuted as provided in this act.

Amended by Act 2017, No. 707,§ 154, eff. 8/1/2017.

Acts 1899, No. 53, § 17, p. 82; C. & M. Dig., § 1624; Pope's Dig., § 1946; A.S.A. 1947, § 73-138.
Ark. Code Ann. § 23-99-209 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-209
Applicability
Status: in_force

The provisions of this subchapter shall not apply to self-funded or other health benefit plans that are exempt from state regulation by virtue of the Employee Retirement Income Security Act of 1974, as amended. Acts 1995, No. 1193, § 5.

The provisions of this subchapter shall not apply to self-funded or other health benefit plans that are exempt from state regulation by virtue of the Employee Retirement Income Security Act of 1974, as amended.

Acts 1995, No. 1193, § 5.
Ark. Code Ann. § 23-99-1110 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1110
Waiver prohibited
Status: in_force

(a) The provisions of this subchapter shall not be waived by contract. (b) Any contractual arrangements or actions taken in conflict with this subchapter or that purport to waive any requirements of this subchapter are void. Amended by Act 2017, No. 815,§ 7, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) The provisions of this subchapter shall not be waived by contract.

(b) Any contractual arrangements or actions taken in conflict with this subchapter or that purport to waive any requirements of this subchapter are void.

Amended by Act 2017, No. 815,§ 7, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-17-301 — AR Code / Title 23 / Chapter 17 / Subchapter 3 / Section 23-17-301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Universal Telephone Service Act". Acts 1983, No. 483, § 1; A.S.A. 1947, § 73-2601.

This subchapter shall be known and may be cited as the "Universal Telephone Service Act".

Acts 1983, No. 483, § 1; A.S.A. 1947, § 73-2601.
Ark. Code Ann. § 23-79-138 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-138
Information to accompany policies
Status: in_force

(a) The following information shall accompany every policy of life insurance, accident and health insurance, property insurance, casualty insurance, or title insurance issued and covering risks located, resident, or to be performed in the State of Arkansas: (1) The complete address and telephone number, including a toll-free number if available, of the policyholder's service office of the company issuing the policy; (2) The name, address, and telephone number of the producer or agency soliciting the policy if applicable; and (3) The address and telephone number, including a toll-free number if available, of the State Insurance Department. (b) A person who fails to comply with this section is subject to the penalties provided in § 23-60-108 . (c) The Insurance Commissioner may adopt appropriate rules to enforce and carry out the intent and purposes of this section. Acts 1987, No. 197, §§ 1-3; 2001, No. 1604, § 102; 2009, No. 726, § 38.

(a) The following information shall accompany every policy of life insurance, accident and health insurance, property insurance, casualty insurance, or title insurance issued and covering risks located, resident, or to be performed in the State of Arkansas: (1) The complete address and telephone number, including a toll-free number if available, of the policyholder's service office of the company issuing the policy; (2) The name, address, and telephone number of the producer or agency soliciting the policy if applicable; and (3) The address and telephone number, including a toll-free number if available, of the State Insurance Department.

(1) The complete address and telephone number, including a toll-free number if available, of the policyholder's service office of the company issuing the policy;

(2) The name, address, and telephone number of the producer or agency soliciting the policy if applicable; and

(3) The address and telephone number, including a toll-free number if available, of the State Insurance Department.

(b) A person who fails to comply with this section is subject to the penalties provided in § 23-60-108 .

(c) The Insurance Commissioner may adopt appropriate rules to enforce and carry out the intent and purposes of this section.

Acts 1987, No. 197, §§ 1-3; 2001, No. 1604, § 102; 2009, No. 726, § 38.
Ark. Code Ann. § 23-96-101 — AR Code / Title 23 / Chapter 96 / Section 23-96-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Life and Health Insurance Guaranty Association Act". Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, § 1; 1997, No. 950, § 1; 2001, No. 1603, § 46.

This chapter shall be known and may be cited as the "Arkansas Life and Health Insurance Guaranty Association Act".

Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019.

Acts 1989, No. 444, § 1; 1997, No. 950, § 1; 2001, No. 1603, § 46.
Ark. Code Ann. § 23-2-313 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-313
Subpoena powers - Compelling attendance and testimony
Status: in_force

(a) The commission shall have the power, either as a commission or by any of its members, to subpoena witnesses and take testimony and administer oaths to any witness in any proceeding or examination instituted before it or conducted by it in reference to any matter within its jurisdiction. (b) In all hearings and proceedings before the commission, the evidence of witnesses and the production of the documentary evidence may be required at any designated place of hearing. (c) (1) In case of disobedience to a subpoena or other process, the commission may invoke the aid of the Pulaski County Circuit Court in requiring the evidence and testimony of witnesses and the production of papers, books, and documents. (2) The court, in case of refusal to obey the subpoena issued to any person or to any public service corporation subject to the provisions of this act, shall issue an order calling the public service corporation or any person to appear before the commission and produce all books and papers if so ordered and give evidence touching the matter in question. (3) Any failure to obey the order of the court may be punished by the court as contempt thereof. (d) A claim that any testimony or evidence may tend to incriminate the person giving it shall not excuse the witness from testifying, but the witness shall not be prosecuted for any offense concerning which he or she is compelled to testify pursuant to this section. Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.

(a) The commission shall have the power, either as a commission or by any of its members, to subpoena witnesses and take testimony and administer oaths to any witness in any proceeding or examination instituted before it or conducted by it in reference to any matter within its jurisdiction.

(b) In all hearings and proceedings before the commission, the evidence of witnesses and the production of the documentary evidence may be required at any designated place of hearing.

(c) (1) In case of disobedience to a subpoena or other process, the commission may invoke the aid of the Pulaski County Circuit Court in requiring the evidence and testimony of witnesses and the production of papers, books, and documents. (2) The court, in case of refusal to obey the subpoena issued to any person or to any public service corporation subject to the provisions of this act, shall issue an order calling the public service corporation or any person to appear before the commission and produce all books and papers if so ordered and give evidence touching the matter in question. (3) Any failure to obey the order of the court may be punished by the court as contempt thereof.

(1) In case of disobedience to a subpoena or other process, the commission may invoke the aid of the Pulaski County Circuit Court in requiring the evidence and testimony of witnesses and the production of papers, books, and documents.

(2) The court, in case of refusal to obey the subpoena issued to any person or to any public service corporation subject to the provisions of this act, shall issue an order calling the public service corporation or any person to appear before the commission and produce all books and papers if so ordered and give evidence touching the matter in question.

(3) Any failure to obey the order of the court may be punished by the court as contempt thereof.

(d) A claim that any testimony or evidence may tend to incriminate the person giving it shall not excuse the witness from testifying, but the witness shall not be prosecuted for any offense concerning which he or she is compelled to testify pursuant to this section.

Acts 1919, No. 571, § 11; C. & M. Dig., §§ 1663, 1664, 1686, 1687; Acts 1921, No. 124, § 8; Pope's Dig., §§ 1980, 1990, 1991, 2007; A.S.A. 1947, § 73-123.
Ark. Code Ann. § 23-63-304 — AR Code / Title 23 / Chapter 63 / Subchapter 3 / Section 23-63-304
Service of process of foreign or alien insurers or domestic reciprocal insurers
Status: in_force

(a) The registered agent of a licensed foreign insurer or a licensed domestic reciprocal insurer is the insurer's agent for service of process, notice, or demand required or permitted by law to be served on the insurer. (b) A licensed foreign insurer or a licensed domestic reciprocal insurer may be served by registered or certified mail, return receipt requested, addressed to the president or the secretary at its principal office shown in its application for a certificate of authority or in its most recent annual statement if the insurer: (1) Has no registered agent or its registered agent cannot with reasonable diligence be served; (2) Has withdrawn from transacting business in this state under this subchapter; or (3) Has had its certificate of authority revoked under this subchapter. (c) When service is made under this section or upon the designated Arkansas-registered agent, service shall be perfected under the Arkansas Rules of Civil Procedure. (d) This section does not prescribe the only means or, necessarily, the required means of serving a licensed foreign insurer or a licensed domestic reciprocal insurer. Acts 2001, No. 1604, § 32; 2005, No. 506, § 19.

(a) The registered agent of a licensed foreign insurer or a licensed domestic reciprocal insurer is the insurer's agent for service of process, notice, or demand required or permitted by law to be served on the insurer.

(b) A licensed foreign insurer or a licensed domestic reciprocal insurer may be served by registered or certified mail, return receipt requested, addressed to the president or the secretary at its principal office shown in its application for a certificate of authority or in its most recent annual statement if the insurer: (1) Has no registered agent or its registered agent cannot with reasonable diligence be served; (2) Has withdrawn from transacting business in this state under this subchapter; or (3) Has had its certificate of authority revoked under this subchapter.

(1) Has no registered agent or its registered agent cannot with reasonable diligence be served;

(2) Has withdrawn from transacting business in this state under this subchapter; or

(3) Has had its certificate of authority revoked under this subchapter.

(c) When service is made under this section or upon the designated Arkansas-registered agent, service shall be perfected under the Arkansas Rules of Civil Procedure.

(d) This section does not prescribe the only means or, necessarily, the required means of serving a licensed foreign insurer or a licensed domestic reciprocal insurer.

Acts 2001, No. 1604, § 32; 2005, No. 506, § 19.
Ark. Code Ann. § 23-4-623 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-623
Suspension of proposed rates
Status: in_force

Pending its investigation and the decision thereon, the Arkansas Department of Transportation by written order at any time before the new rate becomes effective may suspend the operation of the rate. However, the suspension shall not be for a longer period than nine (9) months beyond the time when the rate would otherwise go into effect. Any order initially suspending the rate shall set a specific date for the commencement of a hearing inquiring into the rate requested unless waived by the applicant utility. Amended by Act 2017, No. 707,§ 121, eff. 8/1/2017. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

Pending its investigation and the decision thereon, the Arkansas Department of Transportation by written order at any time before the new rate becomes effective may suspend the operation of the rate. However, the suspension shall not be for a longer period than nine (9) months beyond the time when the rate would otherwise go into effect. Any order initially suspending the rate shall set a specific date for the commencement of a hearing inquiring into the rate requested unless waived by the applicant utility.

Amended by Act 2017, No. 707,§ 121, eff. 8/1/2017.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-84-111 — AR Code / Title 23 / Chapter 84 / Section 23-84-111
Calculation of reserves - Future premium determinations by life insurers
Status: in_force

(a) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then-estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in §§ 23-84-106 , 23-84-107 , and 23-84-110 , the reserves which are held under any such plan must be: (1) Appropriate in relation to the benefits and the pattern of premiums for that plan; and (2) Computed by a method which is consistent with the principles of this chapter, as determined by rules promulgated by the Insurance Commissioner. (b) Notwithstanding any other provisions in the law of this state, any policy, contract, or certificate providing life insurance under any plan must be affirmatively approved by the commissioner before it can be marketed, issued, delivered, or used in this state. Amended by Act 2019, No. 315,§ 2737, eff. 7/24/2019. Acts 1959, No. 148, § 92; 1981, No. 535, § 1; A.S.A. 1947, § 66-2511.

(a) In the case of any plan of life insurance which provides for future premium determination, the amounts of which are to be determined by the insurer based on then-estimates of future experience, or in the case of any plan of life insurance or annuity which is of such a nature that the minimum reserves cannot be determined by the methods described in §§ 23-84-106 , 23-84-107 , and 23-84-110 , the reserves which are held under any such plan must be: (1) Appropriate in relation to the benefits and the pattern of premiums for that plan; and (2) Computed by a method which is consistent with the principles of this chapter, as determined by rules promulgated by the Insurance Commissioner.

(1) Appropriate in relation to the benefits and the pattern of premiums for that plan; and

(2) Computed by a method which is consistent with the principles of this chapter, as determined by rules promulgated by the Insurance Commissioner.

(b) Notwithstanding any other provisions in the law of this state, any policy, contract, or certificate providing life insurance under any plan must be affirmatively approved by the commissioner before it can be marketed, issued, delivered, or used in this state.

Amended by Act 2019, No. 315,§ 2737, eff. 7/24/2019.

Acts 1959, No. 148, § 92; 1981, No. 535, § 1; A.S.A. 1947, § 66-2511.
Ark. Code Ann. § 23-16-506 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-506
Vehicle inspection
Status: in_force

(a) A contract carrier shall inspect or cause to be inspected a motor vehicle that it operates for passenger transportation. (b) (1) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commercial motor vehicle and its components at least one (1) time in every twelve-month period in compliance with the rules promulgated by the United States Department of Transportation as provided under 49 C.F.R. § 396.17 , Appendix G. (2) The inspection under this subsection shall be performed by an individual who is qualified to perform the inspection as prescribed in 49 C.F.R. § 396.19 , as in effect on January 1, 2009. (c) A contract carrier shall require each of its drivers to complete a written motor vehicle report upon completion of each day's work on the motor vehicle that the driver operated as prescribed under 49 C.F.R. § 396.11 , as in effect on January 1, 2009. Acts 2009, No. 243, § 1.

(a) A contract carrier shall inspect or cause to be inspected a motor vehicle that it operates for passenger transportation.

(b) (1) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commercial motor vehicle and its components at least one (1) time in every twelve-month period in compliance with the rules promulgated by the United States Department of Transportation as provided under 49 C.F.R. § 396.17 , Appendix G. (2) The inspection under this subsection shall be performed by an individual who is qualified to perform the inspection as prescribed in 49 C.F.R. § 396.19 , as in effect on January 1, 2009.

(1) If a contract carrier uses a commercial motor vehicle for passenger transportation, the contract carrier shall perform an inspection on the commercial motor vehicle and its components at least one (1) time in every twelve-month period in compliance with the rules promulgated by the United States Department of Transportation as provided under 49 C.F.R. § 396.17 , Appendix G.

(2) The inspection under this subsection shall be performed by an individual who is qualified to perform the inspection as prescribed in 49 C.F.R. § 396.19 , as in effect on January 1, 2009.

(c) A contract carrier shall require each of its drivers to complete a written motor vehicle report upon completion of each day's work on the motor vehicle that the driver operated as prescribed under 49 C.F.R. § 396.11 , as in effect on January 1, 2009.

Acts 2009, No. 243, § 1.
Ark. Code Ann. § 23-81-135 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-135
Registered life insurance policies and annuity contracts - Credit of certain deposits
Status: in_force

A domestic life insurer which has made a deposit as to reserves pursuant to § 23-81-130 and which has also heretofore made a similar deposit with respect to its capital stock under laws heretofore in force may, to the extent that the deposit as to capital stock is composed of securities and assets eligible for deposit under § 23-63-903 , credit the amount of the deposit as to capital upon the amount of deposit required as to such reserves. Acts 1959, No. 148, § 342; A.S.A. 1947, § 66-3333.

A domestic life insurer which has made a deposit as to reserves pursuant to § 23-81-130 and which has also heretofore made a similar deposit with respect to its capital stock under laws heretofore in force may, to the extent that the deposit as to capital stock is composed of securities and assets eligible for deposit under § 23-63-903 , credit the amount of the deposit as to capital upon the amount of deposit required as to such reserves.

Acts 1959, No. 148, § 342; A.S.A. 1947, § 66-3333.
Ark. Code Ann. § 23-63-2009 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2009
Severability clause
Status: in_force

(a) Except for § 23-63-2007 or the application of § 23-63-2007 to any person or circumstance, if any provision of this subchapter is held invalid, the determination shall not affect the provisions of this subchapter that can be given effect without the invalid provision or application. (b) With the exception of § 23-63-2007 , this subchapter is severable. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) Except for § 23-63-2007 or the application of § 23-63-2007 to any person or circumstance, if any provision of this subchapter is held invalid, the determination shall not affect the provisions of this subchapter that can be given effect without the invalid provision or application.

(b) With the exception of § 23-63-2007 , this subchapter is severable.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-112-803 — AR Code / Title 23 / Chapter 112 / Subchapter 8 / Section 23-112-803
Statements of estimated positive economic impact
Status: in_force

A statement of the estimated positive economic impact of a proposed special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source, including without limitation a university, chamber of commerce, or other entity that regularly engages in the estimation of the economic benefit of an occurrence for businesses and industries. Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023. Acts 2007, No. 235, § 1.

A statement of the estimated positive economic impact of a proposed special event shall be submitted to the Arkansas Motor Vehicle Commission from an independent source, including without limitation a university, chamber of commerce, or other entity that regularly engages in the estimation of the economic benefit of an occurrence for businesses and industries.

Amended by Act 2023, No. 696,§ 1, eff. 8/1/2023.

Acts 2007, No. 235, § 1.
Ark. Code Ann. § 23-4-1003 — AR Code / Title 23 / Chapter 4 / Subchapter 10 / Section 23-4-1003
Regulation by commission of rates, terms, and conditions
Status: in_force

(a) The Arkansas Public Service Commission shall regulate the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment. (b) (1) The commission shall develop rules necessary for the effective regulation of the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment. (2) In developing and implementing the rules under this subsection, the commission shall consider: (A) The interests of the subscribers of the services offered through pole attachments; (B) The interests of the consumers of the public utility services; (C) Maintenance of reliability of public utility services; and (D) Compliance with applicable safety standards. (3) [Repealed.] (c) Nothing in this section prevents a public utility, an electric utility, a telecommunications provider, a cable television service, or a cable internet access service from entering into a voluntarily negotiated, written agreement regarding the rates, terms, and conditions upon which access for a pole attachment is provided. Amended by Act 2017, No. 334,§ 4, eff. 8/1/2017. Acts 2007, No. 740, § 1.

(a) The Arkansas Public Service Commission shall regulate the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment.

(b) (1) The commission shall develop rules necessary for the effective regulation of the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment. (2) In developing and implementing the rules under this subsection, the commission shall consider: (A) The interests of the subscribers of the services offered through pole attachments; (B) The interests of the consumers of the public utility services; (C) Maintenance of reliability of public utility services; and (D) Compliance with applicable safety standards. (3) [Repealed.]

(1) The commission shall develop rules necessary for the effective regulation of the rates, terms, and conditions upon which a public utility shall provide access for a pole attachment.

(2) In developing and implementing the rules under this subsection, the commission shall consider: (A) The interests of the subscribers of the services offered through pole attachments; (B) The interests of the consumers of the public utility services; (C) Maintenance of reliability of public utility services; and (D) Compliance with applicable safety standards.

(A) The interests of the subscribers of the services offered through pole attachments;

(B) The interests of the consumers of the public utility services;

(C) Maintenance of reliability of public utility services; and

(D) Compliance with applicable safety standards.

(3) [Repealed.]

(c) Nothing in this section prevents a public utility, an electric utility, a telecommunications provider, a cable television service, or a cable internet access service from entering into a voluntarily negotiated, written agreement regarding the rates, terms, and conditions upon which access for a pole attachment is provided.

Amended by Act 2017, No. 334,§ 4, eff. 8/1/2017.

Acts 2007, No. 740, § 1.
Ark. Code Ann. § 23-51-107 — AR Code / Title 23 / Chapter 51 / Section 23-51-107
Notice and investigation of charter application
Status: in_force

(a) The Bank Commissioner shall notify the organizers when the application is complete and accepted for filing and all required fees and deposits have been paid. Upon filing of an application with the commissioner, the organizers of the proposed state trust company shall give notice of filing through publication by one (1) insertion in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation and shall give written notice of filing through the United States mail to all trust institutions maintaining a principal office or a trust office in the county wherein the principal office of the proposed state trust company is to be located. (b) At the expense of the organizers, the commissioner shall investigate the application and inquire into the identity and character of each proposed director, officer, and principal shareholder. The commissioner shall prepare a written report of the investigation, and any person may request a copy of the nonconfidential portions of the application and written report as provided by the Freedom of Information Act of 1967, § 25-19-101 et seq. Rules adopted under this chapter may specify the confidential or nonconfidential character of information obtained by the State Bank Department under this section. Except as provided in rules regarding confidential information, the financial statement of a proposed officer, director, or principal shareholder is confidential and not subject to public disclosure. Amended by Act 2019, No. 315,§ 2566, eff. 7/24/2019. Acts 1997, No. 940, § 7.

(a) The Bank Commissioner shall notify the organizers when the application is complete and accepted for filing and all required fees and deposits have been paid. Upon filing of an application with the commissioner, the organizers of the proposed state trust company shall give notice of filing through publication by one (1) insertion in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation and shall give written notice of filing through the United States mail to all trust institutions maintaining a principal office or a trust office in the county wherein the principal office of the proposed state trust company is to be located.

(b) At the expense of the organizers, the commissioner shall investigate the application and inquire into the identity and character of each proposed director, officer, and principal shareholder. The commissioner shall prepare a written report of the investigation, and any person may request a copy of the nonconfidential portions of the application and written report as provided by the Freedom of Information Act of 1967, § 25-19-101 et seq. Rules adopted under this chapter may specify the confidential or nonconfidential character of information obtained by the State Bank Department under this section. Except as provided in rules regarding confidential information, the financial statement of a proposed officer, director, or principal shareholder is confidential and not subject to public disclosure.

Amended by Act 2019, No. 315,§ 2566, eff. 7/24/2019.

Acts 1997, No. 940, § 7.
Ark. Code Ann. § 23-16-401 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-401
[Repealed]
Status: repealed

Repealed by Act 2021, No. 805,§ 1, eff. 7/28/2021. Acts 2005, No. 2289, § 1.

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

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-11-306 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-306
Consolidation of two or more railroad companies to effect continuous line
Status: in_force

(a) Any two (2) or more railroad companies in this state, existing under either general or special laws, owning railroads which are constructed wholly or in part and which, when completed and connected, will form one (1) continuous line of railroad continuing and running in the same general direction are authorized to consolidate their stock and make joint stock with any connecting railroad company whether connected within or without this state or whose roads shall connect at the boundary line of this state and form one (1) company owning and controlling the continuous line of road. The new company shall have all the powers, rights, privileges, franchises, and immunities, and be subject to all the obligations and liabilities to the state, or otherwise, which belonged to or rested upon either of the companies making the consolidation and shall be subject and liable to all the contracts theretofore entered into by either of the corporations. (b) In order to accomplish such a consolidation, the companies interested may enter into a contract, fixing the terms and conditions, which shall first be ratified and approved by two-thirds (2/3) in interest of all the issued capital stock held in such companies or roads proposing to consolidate. The vote for consolidation shall be taken at a meeting of the stockholders regularly called for the purpose after giving sixty (60) days' notice of the meeting by advertisement in some daily or weekly newspaper printed and published in Little Rock, Arkansas, and such other newspapers elsewhere as the boards of directors of the companies may deem expedient. (c) The boards of directors of the several companies may then proceed to carry out the contract according to its provisions, calling in the certificates of stock then outstanding in the several companies or roads and issuing certificates of stock in the new consolidated company under such corporate name as may have been adopted. (d) (1) The foregoing provisions of this section shall not be construed to authorize the consolidation of any railroad companies or roads except when, by such a consolidation, a continuous line of road is secured, running in the same continuous and general direction. (2) Nothing contained in this section shall be so construed as to authorize or permit the sale, lease, or consolidation of parallel or competing lines of railroad to and with each other. Acts 1881, No. 43, § 1, p. 79; C. & M. Dig., §§ 8517, 8544, 8545, 8547; Pope's Dig., §§ 11093, 11120, 11121, 11123; Acts 1959, No. 30, § 20; A.S.A. 1947, §§ 73-404, 73-405, 73-407.

(a) Any two (2) or more railroad companies in this state, existing under either general or special laws, owning railroads which are constructed wholly or in part and which, when completed and connected, will form one (1) continuous line of railroad continuing and running in the same general direction are authorized to consolidate their stock and make joint stock with any connecting railroad company whether connected within or without this state or whose roads shall connect at the boundary line of this state and form one (1) company owning and controlling the continuous line of road. The new company shall have all the powers, rights, privileges, franchises, and immunities, and be subject to all the obligations and liabilities to the state, or otherwise, which belonged to or rested upon either of the companies making the consolidation and shall be subject and liable to all the contracts theretofore entered into by either of the corporations.

(b) In order to accomplish such a consolidation, the companies interested may enter into a contract, fixing the terms and conditions, which shall first be ratified and approved by two-thirds (2/3) in interest of all the issued capital stock held in such companies or roads proposing to consolidate. The vote for consolidation shall be taken at a meeting of the stockholders regularly called for the purpose after giving sixty (60) days' notice of the meeting by advertisement in some daily or weekly newspaper printed and published in Little Rock, Arkansas, and such other newspapers elsewhere as the boards of directors of the companies may deem expedient.

(c) The boards of directors of the several companies may then proceed to carry out the contract according to its provisions, calling in the certificates of stock then outstanding in the several companies or roads and issuing certificates of stock in the new consolidated company under such corporate name as may have been adopted.

(d) (1) The foregoing provisions of this section shall not be construed to authorize the consolidation of any railroad companies or roads except when, by such a consolidation, a continuous line of road is secured, running in the same continuous and general direction. (2) Nothing contained in this section shall be so construed as to authorize or permit the sale, lease, or consolidation of parallel or competing lines of railroad to and with each other.

(1) The foregoing provisions of this section shall not be construed to authorize the consolidation of any railroad companies or roads except when, by such a consolidation, a continuous line of road is secured, running in the same continuous and general direction.

(2) Nothing contained in this section shall be so construed as to authorize or permit the sale, lease, or consolidation of parallel or competing lines of railroad to and with each other.

Acts 1881, No. 43, § 1, p. 79; C. & M. Dig., §§ 8517, 8544, 8545, 8547; Pope's Dig., §§ 11093, 11120, 11121, 11123; Acts 1959, No. 30, § 20; A.S.A. 1947, §§ 73-404, 73-405, 73-407.
Ark. Code Ann. § 23-74-405 — AR Code / Title 23 / Chapter 74 / Subchapter 4 / Section 23-74-405
Nonforfeiture benefits, cash surrender values, certificate loans, and other options
Status: in_force

(a) For certificates issued prior to January 1, 1991, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1990. (b) For certificates issued on or after January 1, 1991, for which reserves are computed on the Insurance Commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial table or the commissioner's 1958 standard ordinary mortality table, or the commissioner's 1980 standard mortality table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables. Acts 1989, No. 881, § 1.

(a) For certificates issued prior to January 1, 1991, the value of every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall comply with the provisions of law applicable immediately prior to January 1, 1990.

(b) For certificates issued on or after January 1, 1991, for which reserves are computed on the Insurance Commissioner's 1941 standard ordinary mortality table, the commissioner's 1941 standard industrial table or the commissioner's 1958 standard ordinary mortality table, or the commissioner's 1980 standard mortality table, or any more recent table made applicable to life insurers, every paid-up nonforfeiture benefit and the amount of any cash surrender value, loan, or other option granted shall not be less than the corresponding amount ascertained in accordance with the laws of this state applicable to life insurers issuing policies containing like benefits based upon such tables.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-18-1003 — AR Code / Title 23 / Chapter 18 / Subchapter 10 / Section 23-18-1003
Authority to regulate demand response
Status: in_force

(a) The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets is subject to regulation by: (1) The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or (2) The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district. (b) The commission: (1) May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and (2) Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter. Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.

(a) The marketing, selling, or marketing and selling of demand response within the State of Arkansas by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets is subject to regulation by: (1) The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or (2) The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district.

(1) The Arkansas Public Service Commission under Acts 1935, No. 324, as amended; or

(2) The local governing authority in the case of a municipally owned electric utility or a consolidated municipal utility improvement district.

(b) The commission: (1) May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and (2) Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter.

(1) May establish the terms and conditions for the marketing, selling, or marketing and selling of demand response by electric public utilities or aggregators of retail customers to retail customers or by electric public utilities, aggregators of retail customers, or retail customers into wholesale electricity markets; and

(2) Shall not regulate demand response investments or demand response actions of a retail customer on the customer's side of the electric meter.

Added by Act 2013, No. 1078,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-66-603 — AR Code / Title 23 / Chapter 66 / Subchapter 6 / Section 23-66-603
Definitions
Status: in_force

For the purpose of this subchapter: (1) "Affiliate" means any company that controls, is controlled by, or is under common control with another company; (2) "Customer" means a person who obtains, applies for, or is solicited to obtain insurance products primarily for personal, family, and household purposes; (3) "Depository institution" means a bank or savings association and does not include an insurance company; (4) "Insurance" means all policies or products defined or regulated as insurance pursuant to § 23-60-101 et seq. except: (A) Credit life, credit accident and health, credit property, credit casualty, credit involuntary unemployment, mortgagor's decreasing term life, and mortgagor's accident and health and sickness insurance; (B) Insurance placed by a financial institution in connection with collateral pledged as security for a loan when the debtor breaches the contractual obligation to provide that insurance; and (C) Private mortgage insurance; (5) "Insurance information" means information concerning the premiums, terms, and conditions of insurance coverage, including expiration dates and rates, and insurance claims of a customer contained in the records of a depository institution or an affiliate of a depository institution; and (6) "Person" means any natural or artificial entity, including, but not limited to, individuals, partnerships, associations, trusts, or corporations. Acts 1997, No. 900, § 3; 1999, No. 881, § 9; 2001, No. 1728, § 3; 2003, No. 1747, § 10.

For the purpose of this subchapter:

(1) "Affiliate" means any company that controls, is controlled by, or is under common control with another company;

(2) "Customer" means a person who obtains, applies for, or is solicited to obtain insurance products primarily for personal, family, and household purposes;

(3) "Depository institution" means a bank or savings association and does not include an insurance company;

(4) "Insurance" means all policies or products defined or regulated as insurance pursuant to § 23-60-101 et seq. except: (A) Credit life, credit accident and health, credit property, credit casualty, credit involuntary unemployment, mortgagor's decreasing term life, and mortgagor's accident and health and sickness insurance; (B) Insurance placed by a financial institution in connection with collateral pledged as security for a loan when the debtor breaches the contractual obligation to provide that insurance; and (C) Private mortgage insurance;

(A) Credit life, credit accident and health, credit property, credit casualty, credit involuntary unemployment, mortgagor's decreasing term life, and mortgagor's accident and health and sickness insurance;

(B) Insurance placed by a financial institution in connection with collateral pledged as security for a loan when the debtor breaches the contractual obligation to provide that insurance; and

(C) Private mortgage insurance;

(5) "Insurance information" means information concerning the premiums, terms, and conditions of insurance coverage, including expiration dates and rates, and insurance claims of a customer contained in the records of a depository institution or an affiliate of a depository institution; and

(6) "Person" means any natural or artificial entity, including, but not limited to, individuals, partnerships, associations, trusts, or corporations.

Acts 1997, No. 900, § 3; 1999, No. 881, § 9; 2001, No. 1728, § 3; 2003, No. 1747, § 10.
Ark. Code Ann. § 23-17-512 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-512
Local authority
Status: in_force

(a) (1) Subject to this subchapter and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries with respect to wireless support structures, including the enforcement of applicable codes. (2) An authority shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the authority, other than to require compliance with applicable codes. (b) This subchapter does not authorize the state or any political subdivision, including an authority, to require small wireless facility deployment or to regulate wireless service. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) (1) Subject to this subchapter and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries with respect to wireless support structures, including the enforcement of applicable codes. (2) An authority shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the authority, other than to require compliance with applicable codes.

(1) Subject to this subchapter and applicable federal law, an authority may continue to exercise zoning, land use, planning, and permitting authority within its territorial boundaries with respect to wireless support structures, including the enforcement of applicable codes.

(2) An authority shall not have or exercise any jurisdiction or authority over the design, engineering, construction, installation, or operation of a small wireless facility located in an interior structure or upon the site of a campus, stadium, or athletic facility not owned or controlled by the authority, other than to require compliance with applicable codes.

(b) This subchapter does not authorize the state or any political subdivision, including an authority, to require small wireless facility deployment or to regulate wireless service.

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. § 23-81-311 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-311
Proration of values - Additional benefits
Status: in_force

(a) For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits, if any, for the life insurance portion shall be computed as if each portion were a separate contract. (b) (1) Notwithstanding the provisions of §§ 23-81-305 - 23-81-308 and 23-81-310 , additional benefits payable: (A) In the event of total and permanent disability; (B) As reversionary annuity or deferred reversionary annuity benefits; or (C) As other policy benefits additional to life insurance, endowment, and annuity benefits, and considerations for all the additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required by this subchapter. (2) The inclusion of additional benefits shall not be required in any paid-up benefit, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.

(a) For any contract which provides, within the same contract by rider or supplemental contract provision, both annuity benefits and life insurance benefits that are in excess of the greater of cash surrender benefits or a return of the gross considerations with interest, the minimum nonforfeiture benefits, if any, for the life insurance portion shall be computed as if each portion were a separate contract.

(b) (1) Notwithstanding the provisions of §§ 23-81-305 - 23-81-308 and 23-81-310 , additional benefits payable: (A) In the event of total and permanent disability; (B) As reversionary annuity or deferred reversionary annuity benefits; or (C) As other policy benefits additional to life insurance, endowment, and annuity benefits, and considerations for all the additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required by this subchapter. (2) The inclusion of additional benefits shall not be required in any paid-up benefit, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits.

(1) Notwithstanding the provisions of §§ 23-81-305 - 23-81-308 and 23-81-310 , additional benefits payable: (A) In the event of total and permanent disability; (B) As reversionary annuity or deferred reversionary annuity benefits; or (C) As other policy benefits additional to life insurance, endowment, and annuity benefits, and considerations for all the additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required by this subchapter.

(A) In the event of total and permanent disability;

(B) As reversionary annuity or deferred reversionary annuity benefits; or

(C) As other policy benefits additional to life insurance, endowment, and annuity benefits, and considerations for all the additional benefits, shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required by this subchapter.

shall be disregarded in ascertaining the minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits that may be required by this subchapter.

(2) The inclusion of additional benefits shall not be required in any paid-up benefit, unless the additional benefits separately would require minimum nonforfeiture amounts, paid-up annuity, cash surrender, and death benefits.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.
Ark. Code Ann. § 23-90-111 — AR Code / Title 23 / Chapter 90 / Section 23-90-111
Covered claims - Notification to insureds of insurer's insolvency
Status: in_force

(a) This chapter shall apply to covered claims existing prior to the determination that an insurer is an insolvent insurer and to covered claims arising within thirty (30) days after the determination of insolvency or before the policy expiration date if less than thirty (30) days after the determination of insolvency or before the insured replaces the policy or effects its cancellation, if he or she does so within thirty (30) days of the determination of insolvency. (b) Upon the determination by a court of competent jurisdiction that an insurer is an insolvent insurer, the Insurance Commissioner shall notify the insureds of the insolvent insurer of the determination and of their rights under this chapter. The notification shall be by mail at each insured's last known address, when available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation printed in this state shall be sufficient. (c) Notwithstanding any other provisions of this chapter, a covered claim shall not include any claim filed with the guaranty fund after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer. Acts 1977, No. 871, § 6; A.S.A. 1947, § 66-5506; Acts 1987, No. 738, § 3.

(a) This chapter shall apply to covered claims existing prior to the determination that an insurer is an insolvent insurer and to covered claims arising within thirty (30) days after the determination of insolvency or before the policy expiration date if less than thirty (30) days after the determination of insolvency or before the insured replaces the policy or effects its cancellation, if he or she does so within thirty (30) days of the determination of insolvency.

(b) Upon the determination by a court of competent jurisdiction that an insurer is an insolvent insurer, the Insurance Commissioner shall notify the insureds of the insolvent insurer of the determination and of their rights under this chapter. The notification shall be by mail at each insured's last known address, when available, but if sufficient information for notification by mail is not available, notice by publication in a newspaper of general circulation printed in this state shall be sufficient.

(c) Notwithstanding any other provisions of this chapter, a covered claim shall not include any claim filed with the guaranty fund after the final date set by the court for the filing of claims against the liquidator or receiver of an insolvent insurer.

Acts 1977, No. 871, § 6; A.S.A. 1947, § 66-5506; Acts 1987, No. 738, § 3.
Ark. Code Ann. § 23-63-2005 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2005
Corporate governance annual disclosure
Status: in_force

(a) (1) The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries or questions if the corporate governance annual disclosure contains the material information necessary to permit the Insurance Commissioner to gain an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices. (2) The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or controls implementing those policies. (b) Notwithstanding subsection (a) of this section, the corporate governance annual disclosure shall be prepared consistent with any rule promulgated under § 23-63-2010 . (c) Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

(a) (1) The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries or questions if the corporate governance annual disclosure contains the material information necessary to permit the Insurance Commissioner to gain an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices. (2) The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or controls implementing those policies.

(1) The insurer or insurance group shall have discretion over the responses to the corporate governance annual disclosure inquiries or questions if the corporate governance annual disclosure contains the material information necessary to permit the Insurance Commissioner to gain an understanding of the insurer's or insurance group's corporate governance structure, policies, and practices.

(2) The commissioner may request additional information that he or she deems material and necessary to provide the commissioner with a clear understanding of the corporate governance policies, the reporting or information system, or controls implementing those policies.

(b) Notwithstanding subsection (a) of this section, the corporate governance annual disclosure shall be prepared consistent with any rule promulgated under § 23-63-2010 .

(c) Documentation and supporting information shall be maintained and made available upon examination or upon request of the commissioner.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-85-108 — AR Code / Title 23 / Chapter 85 / Section 23-85-108
Grace period provision
Status: in_force

(a) There shall be a provision as follows: "Grace Period: A grace period of ............... (insert a number not less than seven (7) for weekly premium policies, ten (10) for monthly premium policies and thirty-one (31) for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force." (b) A policy in which the insurer reserves the right to refuse renewal shall have, at the beginning of the provision set forth in subsection (a) of this section: "Unless, not less than thirty (30) days prior to the premium due date, the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted." Acts 1959, No. 148, § 391; A.S.A. 1947, § 66-3606.

(a) There shall be a provision as follows: "Grace Period: A grace period of ............... (insert a number not less than seven (7) for weekly premium policies, ten (10) for monthly premium policies and thirty-one (31) for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force."

"Grace Period: A grace period of ............... (insert a number not less than seven (7) for weekly premium policies, ten (10) for monthly premium policies and thirty-one (31) for all other policies) days will be granted for the payment of each premium falling due after the first premium, during which grace period the policy shall continue in force."

(b) A policy in which the insurer reserves the right to refuse renewal shall have, at the beginning of the provision set forth in subsection (a) of this section: "Unless, not less than thirty (30) days prior to the premium due date, the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted."

"Unless, not less than thirty (30) days prior to the premium due date, the insurer has delivered to the insured or has mailed to his last address as shown by the records of the insurer written notice of its intention not to renew this policy beyond the period for which the premium has been accepted."

Acts 1959, No. 148, § 391; A.S.A. 1947, § 66-3606.
Ark. Code Ann. § 23-10-402 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-402
Definition for sections 23-10-403, 23-10-405, 23-10-406, and 23-10-409 - 23-10-431
Status: in_force

As used in §§ 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-431 , unless the context otherwise requires, "railroad company", "railroad companies", or "carrier" means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents. Acts 1907, No. 193, § 18, p. 453; C. & M. Dig., § 842; Pope's Dig., § 1046; A.S.A. 1947, § 73-1325.

As used in §§ 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-431 , unless the context otherwise requires, "railroad company", "railroad companies", or "carrier" means all corporations, companies, or individuals which own or operate any railroad in this state, whether as owner, contractor, lessee, mortgagee, trustee, assignee, or receiver, and their officers and agents.

Acts 1907, No. 193, § 18, p. 453; C. & M. Dig., § 842; Pope's Dig., § 1046; A.S.A. 1947, § 73-1325.
Ark. Code Ann. § 23-3-403 — AR Code / Title 23 / Chapter 3 / Subchapter 4 / Section 23-3-403
Energy conservation programs and measures defined
Status: in_force

As used in this subchapter, unless the context otherwise requires, "energy conservation programs and measures" may include, but shall not be limited to: (1) Programs of residential, commercial, or industrial insulation, including measures to facilitate the financing of such insulation; (2) Programs which result in the improvement of load factors, contribute to reductions in peak power demands, and promote efficient load management, including the adoption of interruptible service equipment and alternative or additional metering equipment designed to implement new rate structures; and (3) Programs which encourage the use of renewable energy technologies or sources, including solar energy, wind power, geothermal energy, biomass conversion, or the energy available from municipal, industrial, silvicultural, or agricultural wastes. Acts 1977, No. 748, § 4; A.S.A. 1947, § 73-2504.

As used in this subchapter, unless the context otherwise requires, "energy conservation programs and measures" may include, but shall not be limited to:

(1) Programs of residential, commercial, or industrial insulation, including measures to facilitate the financing of such insulation;

(2) Programs which result in the improvement of load factors, contribute to reductions in peak power demands, and promote efficient load management, including the adoption of interruptible service equipment and alternative or additional metering equipment designed to implement new rate structures; and

(3) Programs which encourage the use of renewable energy technologies or sources, including solar energy, wind power, geothermal energy, biomass conversion, or the energy available from municipal, industrial, silvicultural, or agricultural wastes.

Acts 1977, No. 748, § 4; A.S.A. 1947, § 73-2504.
Ark. Code Ann. § 23-4-307 — AR Code / Title 23 / Chapter 4 / Subchapter 3 / Section 23-4-307
Records
Status: in_force

The Attorney General shall designate an employee who is familiar with cost accounting methods to keep an accurate record of the costs of operation and maintenance of the Consumer Utilities Rate Advocacy Division within the Office of the Attorney General. Acts 1981 (Ex. Sess.), No. 39, § 5; A.S.A. 1947, § 73-217n.

The Attorney General shall designate an employee who is familiar with cost accounting methods to keep an accurate record of the costs of operation and maintenance of the Consumer Utilities Rate Advocacy Division within the Office of the Attorney General.

Acts 1981 (Ex. Sess.), No. 39, § 5; A.S.A. 1947, § 73-217n.
Ark. Code Ann. § 23-2-406 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-406
Oaths - Testimony
Status: in_force

Any commissioner, secretary, or assistant secretary employed by the Arkansas Public Service Commission or the Arkansas Department of Transportation may administer oaths and take testimony. Amended by Act 2017, No. 707,§ 99, eff. 8/1/2017. Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.

Any commissioner, secretary, or assistant secretary employed by the Arkansas Public Service Commission or the Arkansas Department of Transportation may administer oaths and take testimony.

Amended by Act 2017, No. 707,§ 99, eff. 8/1/2017.

Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130.
Ark. Code Ann. § 23-79-164 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-164
Coverage for positron emission tomography - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan; (2) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; and (3) "Positron emission tomography" means an imaging test that uses radioactive substances to visualize and measure metabolic processes in the body to help reveal how tissue and organs are functioning. (b) A healthcare insurer that offers a health benefit plan in this state shall provide coverage for positron emission tomography to screen for or to diagnose cancer in a patient upon the recommendation of the patient's physician when the patient has a prior history of cancer. (c) Benefits under subsection (b) of this section are subject to any health benefit plan provisions that apply to other services covered by the health benefit plan. Added by Act 2021, No. 583,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) (A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan; (2) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; and (3) "Positron emission tomography" means an imaging test that uses radioactive substances to visualize and measure metabolic processes in the body to help reveal how tissue and organs are functioning.

(1) (A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan;

(A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state.

(B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.

(i) Indemnity and managed care plans; and

(ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq.

(C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan;

(i) A plan that provides only dental benefits or eye and vision care benefits;

(ii) A disability income plan;

(iii) A credit insurance plan;

(iv) Insurance coverage issued as a supplement to liability insurance;

(v) Medical payments under an automobile or homeowners insurance plan;

(vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.;

(vii) A plan that provides only indemnity for hospital confinement;

(viii) An accident-only plan; or

(ix) A specified disease plan;

(2) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; and

(A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.

(i) The insurance laws of this state;

(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or

(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.

(B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; and

(3) "Positron emission tomography" means an imaging test that uses radioactive substances to visualize and measure metabolic processes in the body to help reveal how tissue and organs are functioning.

(b) A healthcare insurer that offers a health benefit plan in this state shall provide coverage for positron emission tomography to screen for or to diagnose cancer in a patient upon the recommendation of the patient's physician when the patient has a prior history of cancer.

(c) Benefits under subsection (b) of this section are subject to any health benefit plan provisions that apply to other services covered by the health benefit plan.

Added by Act 2021, No. 583,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-63-603 — AR Code / Title 23 / Chapter 63 / Subchapter 6 / Section 23-63-603
Assets not allowed
Status: in_force

Assets not allowed shall be those so referenced or described as nonadmitted in the National Association of Insurance Commissioners' publication as it existed on January 1, 2001, entitled the "Accounting Practices and Procedures Manual", unless otherwise specified in this subchapter. Acts 1959, No. 148, § 84; A.S.A. 1947, § 66-2503; Acts 2001, No. 1566, § 5.

Assets not allowed shall be those so referenced or described as nonadmitted in the National Association of Insurance Commissioners' publication as it existed on January 1, 2001, entitled the "Accounting Practices and Procedures Manual", unless otherwise specified in this subchapter.

Acts 1959, No. 148, § 84; A.S.A. 1947, § 66-2503; Acts 2001, No. 1566, § 5.
Ark. Code Ann. § 23-73-110 — AR Code / Title 23 / Chapter 73 / Section 23-73-110
Legal existence
Status: in_force

(a) The legal existence of the association begins from the date of the Insurance Commissioner's certificate authorizing it to begin business. (b) Thereupon the board of directors named in its articles may: (1) Adopt bylaws which shall be filed with the commissioner within thirty (30) days after adoption; (2) Accept applications for insurance; and (3) Transact business of the association, except that it shall not insure any property or issue any policies until it has received a certificate of authority to transact insurance as provided for in this chapter. Acts 1959, No. 148, § 587; A.S.A. 1947, § 66-4609; Acts 1997, No. 774, § 1.

(a) The legal existence of the association begins from the date of the Insurance Commissioner's certificate authorizing it to begin business.

(b) Thereupon the board of directors named in its articles may: (1) Adopt bylaws which shall be filed with the commissioner within thirty (30) days after adoption; (2) Accept applications for insurance; and (3) Transact business of the association, except that it shall not insure any property or issue any policies until it has received a certificate of authority to transact insurance as provided for in this chapter.

(1) Adopt bylaws which shall be filed with the commissioner within thirty (30) days after adoption;

(2) Accept applications for insurance; and

(3) Transact business of the association, except that it shall not insure any property or issue any policies until it has received a certificate of authority to transact insurance as provided for in this chapter.

Acts 1959, No. 148, § 587; A.S.A. 1947, § 66-4609; Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-64-231 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-231
Settlement with terminated producers required
Status: in_force

(a) All life and accident and health insurance companies doing business in the State of Arkansas, as a condition of doing business in this state, shall make settlement with their authorized producers whose services are terminated by any insurance company, for all commissions then due and owing, and thereafter make settlement, from time to time, according to the terms of the contract of employment. (b) Whenever any life and accident and health insurance company in this state shall merge with, or be absorbed by, another life and accident and health insurance company or another insurance company, the successor company shall succeed to all of the obligations of the merged or absorbed company with regard to any unpaid settlements due producers of the merged or absorbed company under the provisions of this section. (c) Nothing in this section shall prevent either party to the contract from resorting to any legal recourse now or hereafter available to the party. Acts 2001, No. 1604, § 42.

(a) All life and accident and health insurance companies doing business in the State of Arkansas, as a condition of doing business in this state, shall make settlement with their authorized producers whose services are terminated by any insurance company, for all commissions then due and owing, and thereafter make settlement, from time to time, according to the terms of the contract of employment.

(b) Whenever any life and accident and health insurance company in this state shall merge with, or be absorbed by, another life and accident and health insurance company or another insurance company, the successor company shall succeed to all of the obligations of the merged or absorbed company with regard to any unpaid settlements due producers of the merged or absorbed company under the provisions of this section.

(c) Nothing in this section shall prevent either party to the contract from resorting to any legal recourse now or hereafter available to the party.

Acts 2001, No. 1604, § 42.
Ark. Code Ann. § 23-54-103 — AR Code / Title 23 / Chapter 54 / Section 23-54-103
Definitions
Status: in_force

As used in this chapter, "reverse mortgage" means a nonrecourse loan secured by a borrower's principal residence that: (1) Provides cash advances to a borrower based upon the amount of equity in the borrower's residence; and (2) Requires no payment of principal or interest until the entire loan becomes due and payable. Acts 2005, No. 2166, § 1.

As used in this chapter, "reverse mortgage" means a nonrecourse loan secured by a borrower's principal residence that:

(1) Provides cash advances to a borrower based upon the amount of equity in the borrower's residence; and

(2) Requires no payment of principal or interest until the entire loan becomes due and payable.

Acts 2005, No. 2166, § 1.
Ark. Code Ann. § 23-47-201 — AR Code / Title 23 / Chapter 47 / Subchapter 2 / Section 23-47-201
Notice of rules governing deposits
Status: in_force

(a) (1) Banks shall have the power to make rules governing deposits, including provisions for reasonable notice, not to exceed ninety (90) days, for the withdrawal of deposits and for changes in or amendments to those rules to be made by the bank without approval of the depositor. (2) Notice of the rules and all changes therein shall be given to each customer whose deposits are affected by the rules, either by delivery or mailing of a copy to the customer or by posting them in a conspicuous area in the main office and in all branch offices of the bank. (3) If the rules are stated on a signature card or other document signed by the customer, the bank shall be deemed to have given notice of the rules for purposes of this provision even if the signature card or document is returned to the bank. (b) Rules so made shall be a valid contract between the depositor and the bank, subject to the right of the bank to change or amend the rules in the manner provided in the rules. Acts 1997, No. 89, § 1.

(a) (1) Banks shall have the power to make rules governing deposits, including provisions for reasonable notice, not to exceed ninety (90) days, for the withdrawal of deposits and for changes in or amendments to those rules to be made by the bank without approval of the depositor. (2) Notice of the rules and all changes therein shall be given to each customer whose deposits are affected by the rules, either by delivery or mailing of a copy to the customer or by posting them in a conspicuous area in the main office and in all branch offices of the bank. (3) If the rules are stated on a signature card or other document signed by the customer, the bank shall be deemed to have given notice of the rules for purposes of this provision even if the signature card or document is returned to the bank.

(1) Banks shall have the power to make rules governing deposits, including provisions for reasonable notice, not to exceed ninety (90) days, for the withdrawal of deposits and for changes in or amendments to those rules to be made by the bank without approval of the depositor.

(2) Notice of the rules and all changes therein shall be given to each customer whose deposits are affected by the rules, either by delivery or mailing of a copy to the customer or by posting them in a conspicuous area in the main office and in all branch offices of the bank.

(3) If the rules are stated on a signature card or other document signed by the customer, the bank shall be deemed to have given notice of the rules for purposes of this provision even if the signature card or document is returned to the bank.

(b) Rules so made shall be a valid contract between the depositor and the bank, subject to the right of the bank to change or amend the rules in the manner provided in the rules.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-79-2001 — AR Code / Title 23 / Chapter 79 / Subchapter 20 / Section 23-79-2001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Healthcare Payor Identification Card Act". Added by Act 2019, No. 706,§ 1, eff. 4/4/2019.

This subchapter shall be known and may be cited as the "Healthcare Payor Identification Card Act".

Added by Act 2019, No. 706,§ 1, eff. 4/4/2019.
Ark. Code Ann. § 23-50-109 — AR Code / Title 23 / Chapter 50 / Section 23-50-109
Disclosure of information or false report by examiner
Status: in_force

Any examiner who shall disclose any information obtained by him or her in the course of his or her employment, except to the Bank Commissioner or the directors of the financial institution, or when subpoenaed as a witness in a legal proceeding, or who shall knowingly make, state, or publish any false statement or report concerning the assets, liabilities, or affairs of the financial institution is guilty of a Class D felony, shall be immediately removed from office, and shall be liable under his or her official bond to the institution injured. Acts 1997, No. 89, § 1; 2005, No. 1994, § 456.

Any examiner who shall disclose any information obtained by him or her in the course of his or her employment, except to the Bank Commissioner or the directors of the financial institution, or when subpoenaed as a witness in a legal proceeding, or who shall knowingly make, state, or publish any false statement or report concerning the assets, liabilities, or affairs of the financial institution is guilty of a Class D felony, shall be immediately removed from office, and shall be liable under his or her official bond to the institution injured.

Acts 1997, No. 89, § 1; 2005, No. 1994, § 456.
Ark. Code Ann. § 23-16-509 — AR Code / Title 23 / Chapter 16 / Subchapter 5 / Section 23-16-509
Liability protection
Status: in_force

A contract carrier or a third party that contracts on behalf of a railroad shall obtain and maintain an insurance policy of five million dollars ($5,000,000) for each motor vehicle that transports railroad employees. Acts 2009, No. 243, § 1; 2009, No. 637, § 1.

A contract carrier or a third party that contracts on behalf of a railroad shall obtain and maintain an insurance policy of five million dollars ($5,000,000) for each motor vehicle that transports railroad employees.

Acts 2009, No. 243, § 1; 2009, No. 637, § 1.
Ark. Code Ann. § 23-48-203 — AR Code / Title 23 / Chapter 48 / Subchapter 2 / Section 23-48-203
Payment of dividends
Status: in_force

Any state bank may, from time to time, declare and pay dividends in accordance with State Bank Department rules. Amended by Act 2019, No. 315,§ 2542, eff. 7/24/2019. Acts 1997, No. 89, § 1.

Any state bank may, from time to time, declare and pay dividends in accordance with State Bank Department rules.

Amended by Act 2019, No. 315,§ 2542, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-17-201 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-201
Title
Status: in_force

This subchapter may be cited as the "Rural Telecommunications Cooperative Act". Acts 1951, No. 51, § 1; A.S.A. 1947, § 77-1601; Acts 1989, No. 437, § 1.

This subchapter may be cited as the "Rural Telecommunications Cooperative Act".

Acts 1951, No. 51, § 1; A.S.A. 1947, § 77-1601; Acts 1989, No. 437, § 1.
Ark. Code Ann. § 23-86-201 — AR Code / Title 23 / Chapter 86 / Subchapter 2 / Section 23-86-201
Purpose
Status: in_force

The intent of this subchapter is to: (1) Promote the availability of health insurance coverage to small employers; (2) Prevent abusive rating practices; and (3) Improve the efficiency and fairness of the small group health insurance marketplace. Acts 1991, No. 1143, § 2; 1997, No. 1000, § 18.

The intent of this subchapter is to:

(1) Promote the availability of health insurance coverage to small employers;

(2) Prevent abusive rating practices; and

(3) Improve the efficiency and fairness of the small group health insurance marketplace.

Acts 1991, No. 1143, § 2; 1997, No. 1000, § 18.
Ark. Code Ann. § 23-64-609 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-609
[See Note] Additional licensee duties
Status: in_force

(a) A licensee is subject to the insurance laws of this state, including those concerning privacy, market conduct, and unfair trade practices acts. (b) A licensee shall: (1) Comply with other consumer protection and market conduct standards that the Insurance Commissioner considers necessary; and (2) Counsel enrollees in the health insurance marketplace in this state about options in Medicaid, the federal Children's Health Insurance Program, and other health insurance coverage. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

(a) A licensee is subject to the insurance laws of this state, including those concerning privacy, market conduct, and unfair trade practices acts.

(b) A licensee shall: (1) Comply with other consumer protection and market conduct standards that the Insurance Commissioner considers necessary; and (2) Counsel enrollees in the health insurance marketplace in this state about options in Medicaid, the federal Children's Health Insurance Program, and other health insurance coverage.

(1) Comply with other consumer protection and market conduct standards that the Insurance Commissioner considers necessary; and

(2) Counsel enrollees in the health insurance marketplace in this state about options in Medicaid, the federal Children's Health Insurance Program, and other health insurance coverage.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-88-210 — AR Code / Title 23 / Chapter 88 / Subchapter 2 / Section 23-88-210
Termination of policies or contracts
Status: in_force

(a) Despite any other provision of law which limits the time for termination of insurance policies to the contrary, an insurer may terminate any policy or contract of insurance when the antiarson application or any alternative antiarson application, as provided in § 23-88-209 , is required at any time within ninety (90) days from the insurer's acceptance of the applications. (b) The notice of cancellation to the insured shall contain the specific reasons for the termination of the policy, provided that the reasons are not otherwise prohibited by law. Acts 1983, No. 359, § 5; A.S.A. 1947, § 66-5610.

(a) Despite any other provision of law which limits the time for termination of insurance policies to the contrary, an insurer may terminate any policy or contract of insurance when the antiarson application or any alternative antiarson application, as provided in § 23-88-209 , is required at any time within ninety (90) days from the insurer's acceptance of the applications.

(b) The notice of cancellation to the insured shall contain the specific reasons for the termination of the policy, provided that the reasons are not otherwise prohibited by law.

Acts 1983, No. 359, § 5; A.S.A. 1947, § 66-5610.
Ark. Code Ann. § 23-99-601 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-601
Short title
Status: in_force

This subchapter shall be cited as the "Dental Point of Service Act". Acts 1999, No. 1232, § 1.

This subchapter shall be cited as the "Dental Point of Service Act".

Acts 1999, No. 1232, § 1.
Ark. Code Ann. § 23-51-174 — AR Code / Title 23 / Chapter 51 / Section 23-51-174
Out-of-state offices
Status: in_force

(a) A state bank, a state trust company, or a savings association chartered under the laws of this state may establish and maintain a new trust office or acquire and maintain an office in a state other than this state. Such a trust institution desiring to establish or acquire and maintain an office in another state under this section shall file a notice on a form prescribed by the Bank Commissioner, which shall set forth the name of the trust institution, the location of the proposed office, and a general description of the surrounding area, whether the location will be owned or leased, and whether the laws of the jurisdiction where the office will be located permit the office to be maintained by the trust institution, furnish a copy of the resolution adopted by the board authorizing the out-of-state office, and pay the filing fee, if any, prescribed by the commissioner. (b) The notificant may commence business at the additional office thirty (30) days after the date the commissioner receives the notice, unless the commissioner specifies another date. (c) The thirty-day period of review may be extended by the commissioner on a determination that the written notice raises issues that require additional information or additional time for analysis. If the period of review is extended, the trust institution may establish the additional office only on prior written approval by the commissioner. (d) The commissioner may deny approval of the additional office if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed office would be contrary to the public interest. In acting on the notice, the commissioner shall consider the views of the appropriate bank supervisory agencies. Acts 1997, No. 940, § 74.

(a) A state bank, a state trust company, or a savings association chartered under the laws of this state may establish and maintain a new trust office or acquire and maintain an office in a state other than this state. Such a trust institution desiring to establish or acquire and maintain an office in another state under this section shall file a notice on a form prescribed by the Bank Commissioner, which shall set forth the name of the trust institution, the location of the proposed office, and a general description of the surrounding area, whether the location will be owned or leased, and whether the laws of the jurisdiction where the office will be located permit the office to be maintained by the trust institution, furnish a copy of the resolution adopted by the board authorizing the out-of-state office, and pay the filing fee, if any, prescribed by the commissioner.

(b) The notificant may commence business at the additional office thirty (30) days after the date the commissioner receives the notice, unless the commissioner specifies another date.

(c) The thirty-day period of review may be extended by the commissioner on a determination that the written notice raises issues that require additional information or additional time for analysis. If the period of review is extended, the trust institution may establish the additional office only on prior written approval by the commissioner.

(d) The commissioner may deny approval of the additional office if the commissioner finds that the notificant lacks sufficient financial resources to undertake the proposed expansion without adversely affecting its safety or soundness or that the proposed office would be contrary to the public interest. In acting on the notice, the commissioner shall consider the views of the appropriate bank supervisory agencies.

Acts 1997, No. 940, § 74.
Ark. Code Ann. § 23-94-202 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-202
Purpose
Status: in_force

The purpose of this subchapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the Liability Risk Retention Act of 1986 ("RRA 1986"), to the extent permitted by such law. Acts 1995, No. 623, § 1.

The purpose of this subchapter is to regulate the formation and operation of risk retention groups and purchasing groups in this state formed pursuant to the provisions of the Liability Risk Retention Act of 1986 ("RRA 1986"), to the extent permitted by such law.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-69-401 — AR Code / Title 23 / Chapter 69 / Subchapter 4 / Section 23-69-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Risk Management and Own Risk Assessment Act". Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.

This subchapter shall be known and may be cited as the "Risk Management and Own Risk Assessment Act".

Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.
Ark. Code Ann. § 23-115-902 — AR Code / Title 23 / Chapter 115 / Subchapter 9 / Section 23-115-902
Fraud - Penalty
Status: in_force

The offense of lottery fraud and penalties for a conviction of lottery fraud are provided under § 5-55-501 . Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2011, No. 207, § 29.

The offense of lottery fraud and penalties for a conviction of lottery fraud are provided under § 5-55-501 .

Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015.

Acts 2009, No. 605, § 1; 2009, No. 606, § 1; 2011, No. 207, § 29.
Ark. Code Ann. § 23-13-306 — AR Code / Title 23 / Chapter 13 / Subchapter 3 / Section 23-13-306
Findings and order of department - Time for taking effect
Status: in_force

(a) (1) After the conclusion of any hearing, the Arkansas Department of Transportation within sixty (60) days shall make and file its findings and order, with its opinion, if any. (2) Its findings shall be in sufficient detail to enable any court in which any action of the department is involved to determine the controverted questions presented by the proceeding. (b) A copy of the order certified under the seal of the department shall be served upon the person against whom it runs or his or her attorney, and notice thereof shall be given to the other parties to the proceedings or their attorneys. (c) (1) The order shall take effect and become operative within fifteen (15) days after the service thereof unless otherwise provided. (2) If, in the judgment of the department, an order cannot be complied with within fifteen (15) days, the department may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order. On application and for good cause shown, it may extend the time for compliance fixed in the order. Amended by Act 2017, No. 707,§ 225, eff. 8/1/2017. Acts 1939, No. 315, § 12; A.S.A. 1947, § 73-1741.

(a) (1) After the conclusion of any hearing, the Arkansas Department of Transportation within sixty (60) days shall make and file its findings and order, with its opinion, if any. (2) Its findings shall be in sufficient detail to enable any court in which any action of the department is involved to determine the controverted questions presented by the proceeding.

(1) After the conclusion of any hearing, the Arkansas Department of Transportation within sixty (60) days shall make and file its findings and order, with its opinion, if any.

(2) Its findings shall be in sufficient detail to enable any court in which any action of the department is involved to determine the controverted questions presented by the proceeding.

(b) A copy of the order certified under the seal of the department shall be served upon the person against whom it runs or his or her attorney, and notice thereof shall be given to the other parties to the proceedings or their attorneys.

(c) (1) The order shall take effect and become operative within fifteen (15) days after the service thereof unless otherwise provided. (2) If, in the judgment of the department, an order cannot be complied with within fifteen (15) days, the department may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order. On application and for good cause shown, it may extend the time for compliance fixed in the order.

(1) The order shall take effect and become operative within fifteen (15) days after the service thereof unless otherwise provided.

(2) If, in the judgment of the department, an order cannot be complied with within fifteen (15) days, the department may grant and prescribe such additional time as in its judgment is reasonably necessary to comply with the order. On application and for good cause shown, it may extend the time for compliance fixed in the order.

Amended by Act 2017, No. 707,§ 225, eff. 8/1/2017.

Acts 1939, No. 315, § 12; A.S.A. 1947, § 73-1741.
Ark. Code Ann. § 23-82-106 — AR Code / Title 23 / Chapter 82 / Section 23-82-106
Integrity of contract and application provision
Status: in_force

(a) There shall be a provision that the policy shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the policy when issued, a provision that the policy and the application therefor shall constitute the entire contract. (b) If the application is so made a part of the contract, the policy shall also provide that, in the absence of fraud, all statements made by the applicant in such an application shall be deemed to be representations and not warranties. Acts 1959, No. 148, § 350; A.S.A. 1947, § 66-3405.

(a) There shall be a provision that the policy shall constitute the entire contract between the parties or, if a copy of the application is endorsed upon or attached to the policy when issued, a provision that the policy and the application therefor shall constitute the entire contract.

(b) If the application is so made a part of the contract, the policy shall also provide that, in the absence of fraud, all statements made by the applicant in such an application shall be deemed to be representations and not warranties.

Acts 1959, No. 148, § 350; A.S.A. 1947, § 66-3405.
Ark. Code Ann. § 23-3-606 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-606
Petitions not considered rate applications
Status: in_force

Petitions for a certificate under this subchapter are not general rate applications. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 6.

Petitions for a certificate under this subchapter are not general rate applications.

Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017.

Acts 1987, No. 150, § 6.
Ark. Code Ann. § 23-64-218 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-218
Return of license to Insurance Commissioner
Status: in_force

(a) (1) All licenses issued under this chapter, although issued and delivered to the licensee, shall at all times be the property of the State of Arkansas. (2) Upon any expiration, termination, suspension, or revocation of the license, the licensee or other person having possession or custody of the license shall immediately deliver it to the Insurance Commissioner either by personal delivery or by mail. (b) As to any license lost, stolen, or destroyed while in the possession of any licensee or person, the commissioner may accept, in lieu of return of the license, the affidavit of the licensee or other person responsible for or involved in the safekeeping of the license concerning the facts of the loss, theft, or destruction. (c) Any licensee who ceases to maintain his or her residence in this state shall deliver his or her insurance license to the commissioner within ten (10) days after terminating his or her residency. Acts 1959, No. 148, § 180; 1983, No. 522, § 23; A.S.A. 1947, § 66-2837; Acts 1997, No. 1004, § 1.

(a) (1) All licenses issued under this chapter, although issued and delivered to the licensee, shall at all times be the property of the State of Arkansas. (2) Upon any expiration, termination, suspension, or revocation of the license, the licensee or other person having possession or custody of the license shall immediately deliver it to the Insurance Commissioner either by personal delivery or by mail.

(1) All licenses issued under this chapter, although issued and delivered to the licensee, shall at all times be the property of the State of Arkansas.

(2) Upon any expiration, termination, suspension, or revocation of the license, the licensee or other person having possession or custody of the license shall immediately deliver it to the Insurance Commissioner either by personal delivery or by mail.

(b) As to any license lost, stolen, or destroyed while in the possession of any licensee or person, the commissioner may accept, in lieu of return of the license, the affidavit of the licensee or other person responsible for or involved in the safekeeping of the license concerning the facts of the loss, theft, or destruction.

(c) Any licensee who ceases to maintain his or her residence in this state shall deliver his or her insurance license to the commissioner within ten (10) days after terminating his or her residency.

Acts 1959, No. 148, § 180; 1983, No. 522, § 23; A.S.A. 1947, § 66-2837; Acts 1997, No. 1004, § 1.
Ark. Code Ann. § 23-89-402 — AR Code / Title 23 / Chapter 89 / Subchapter 4 / Section 23-89-402
Applicability of insurer's insolvency protection
Status: in_force

(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect when the liability insurer of the tortfeasor becomes insolvent within one (1) year after an accident. (b) Nothing in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided in this subchapter. Acts 1965, No. 464, § 3; A.S.A. 1947, § 66-4005.

(a) An insurer's insolvency protection shall be applicable only to accidents occurring during a policy period in which its insured's uninsured motorist coverage is in effect when the liability insurer of the tortfeasor becomes insolvent within one (1) year after an accident.

(b) Nothing in this section shall be construed to prevent any insurer from affording insolvency protection under terms and conditions more favorable to its insureds than is provided in this subchapter.

Acts 1965, No. 464, § 3; A.S.A. 1947, § 66-4005.
Ark. Code Ann. § 23-81-207 — AR Code / Title 23 / Chapter 81 / Subchapter 2 / Section 23-81-207
Calculation of adjusted premiums and present values - Ordinary policies issued on or after operative date of section 23-81-213 (b)
Status: in_force

(a) In the case of ordinary policies issued on or after the operative date of § 23-81-213(b) as defined therein, all adjusted premiums and present values referred to in this subchapter shall be calculated on the basis of the Insurance Commissioner's 1958 Standard Ordinary Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits. (b) The rate of interest shall not exceed three and one-half percent (3.5%) per annum except that a rate of interest not exceeding five and one-half percent (5.5%) per annum may be used for policies issued on or after March 18, 1977, except that for any single premium whole life or endowment insurance policy, a rate of interest not exceeding six and one-half percent (6.5%) per annum may be used. (c) For any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than six (6) years younger than the actual age of the insured. (d) However, in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the commissioner's 1958 Extended Term Insurance Table. (e) Further, for insurance issued on a substandard basis, the calculation of any adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner. (f) This section shall not apply to ordinary policies issued on or after the operative date of § 23-81-213(d) . Acts 1959, No. 148, § 336; 1961, No. 466, § 5; 1965, No. 439, § 2; 1977, No. 550, § 2; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.

(a) In the case of ordinary policies issued on or after the operative date of § 23-81-213(b) as defined therein, all adjusted premiums and present values referred to in this subchapter shall be calculated on the basis of the Insurance Commissioner's 1958 Standard Ordinary Mortality Table and the rate of interest specified in the policy for calculating cash surrender values and paid-up nonforfeiture benefits.

(b) The rate of interest shall not exceed three and one-half percent (3.5%) per annum except that a rate of interest not exceeding five and one-half percent (5.5%) per annum may be used for policies issued on or after March 18, 1977, except that for any single premium whole life or endowment insurance policy, a rate of interest not exceeding six and one-half percent (6.5%) per annum may be used.

(c) For any category of ordinary insurance issued on female risks, adjusted premiums and present values may be calculated according to an age not more than six (6) years younger than the actual age of the insured.

(d) However, in calculating the present value of any paid-up term insurance with accompanying pure endowment, if any, offered as a nonforfeiture benefit, the rates of mortality assumed may be not more than those shown in the commissioner's 1958 Extended Term Insurance Table.

(e) Further, for insurance issued on a substandard basis, the calculation of any adjusted premiums and present values may be based on such other table of mortality as may be specified by the insurer and approved by the commissioner.

(f) This section shall not apply to ordinary policies issued on or after the operative date of § 23-81-213(d) .

Acts 1959, No. 148, § 336; 1961, No. 466, § 5; 1965, No. 439, § 2; 1977, No. 550, § 2; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.
Ark. Code Ann. § 23-63-501 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-501
Title
Status: in_force

This subchapter may be cited as the "Insurance Holding Company Regulatory Act". Acts 1971, No. 288, § 1; A.S.A. 1947, § 66-5001.

This subchapter may be cited as the "Insurance Holding Company Regulatory Act".

Acts 1971, No. 288, § 1; A.S.A. 1947, § 66-5001.
Ark. Code Ann. § 23-112-206 — AR Code / Title 23 / Chapter 112 / Subchapter 2 / Section 23-112-206
[Repealed]
Status: repealed

Repealed by Act 2013, No. 561,§ 3, eff. 8/16/2013. Acts 2007, No. 530, § 5.

Repealed by Act 2013, No. 561,§ 3, eff. 8/16/2013.

Acts 2007, No. 530, § 5.
Ark. Code Ann. § 23-10-412 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-412
Demurrage charges generally
Status: in_force

All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in §§ 23-10-413 - 23-10-431 . Acts 1907, No. 193, § 5, p. 453; C. & M. Dig., § 899; Pope's Dig., § 1103; A.S.A. 1947, § 73-1314.

All carload freight or freight carried at carload rates and all freight in cars, whether full carload or not, taking track delivery shall be subject to the demurrage or car service charges prescribed in §§ 23-10-413 - 23-10-431 .

Acts 1907, No. 193, § 5, p. 453; C. & M. Dig., § 899; Pope's Dig., § 1103; A.S.A. 1947, § 73-1314.
Ark. Code Ann. § 23-61-1001 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1001
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Health and Opportunity for Me Act of 2021". Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

This subchapter shall be known and may be cited as the "Arkansas Health and Opportunity for Me Act of 2021".

Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022.

Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016.

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-70-114 — AR Code / Title 23 / Chapter 70 / Section 23-70-114
Method of determining financial condition
Status: in_force

In determining the financial condition of a reciprocal insurer, the Insurance Commissioner shall apply the following rules: (1) He or she shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis; (2) The surplus deposits of subscribers shall be allowed as assets, except that any premium deposits delinquent for ninety (90) days shall first be charged against the surplus deposit; (3) The surplus deposits of subscribers shall not be charged as a liability; (4) All premium deposits delinquent less than ninety (90) days shall be allowed as assets; (5) An assessment levied upon subscribers, and not collected, shall not be allowed as an asset; (6) The contingent liability of subscribers shall not be allowed as an asset; and (7) The computation of reserves shall be based upon premium deposits other than membership fees and without any deduction for expenses and the compensation of the attorney. Acts 1959, No. 148, § 527; A.S.A. 1947, § 66-4318.

In determining the financial condition of a reciprocal insurer, the Insurance Commissioner shall apply the following rules:

(1) He or she shall charge as liabilities the same reserves as are required of incorporated insurers issuing nonassessable policies on a reserve basis;

(2) The surplus deposits of subscribers shall be allowed as assets, except that any premium deposits delinquent for ninety (90) days shall first be charged against the surplus deposit;

(3) The surplus deposits of subscribers shall not be charged as a liability;

(4) All premium deposits delinquent less than ninety (90) days shall be allowed as assets;

(5) An assessment levied upon subscribers, and not collected, shall not be allowed as an asset;

(6) The contingent liability of subscribers shall not be allowed as an asset; and

(7) The computation of reserves shall be based upon premium deposits other than membership fees and without any deduction for expenses and the compensation of the attorney.

Acts 1959, No. 148, § 527; A.S.A. 1947, § 66-4318.
Ark. Code Ann. § 23-81-112 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-112
Life insurance - Payment of premiums provision
Status: in_force

There shall be a provision relative to the payment of premiums. Acts 1959, No. 148, § 320; A.S.A. 1947, § 66-3311.

There shall be a provision relative to the payment of premiums.

Acts 1959, No. 148, § 320; A.S.A. 1947, § 66-3311.
Ark. Code Ann. § 23-48-810 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-810
Sharing of communication terminals - Definitions
Status: in_force

(a) (1) An agreement to share a customer-bank communication terminal shall not prohibit, limit, or restrict the right of a bank from charging a customer-bank communication terminal usage fee. (2) The usage fee may be imposed only if imposition of the usage fee is disclosed at a time and in a manner that allows a user to terminate or cancel the transaction without incurring the usage fee. (b) (1) For purposes of this section, "usage fee" is a fee charged by a customer-bank communication terminal owner on transactions by a holder of a foreign bank card. (2) For purposes of this section, a "foreign bank card" is a card eligible for use in a customer-bank communication terminal, which card is not issued by the customer-bank communication terminal owner. Amended by Act 2015, No. 588,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 153,§ 1, eff. 2/26/2013. Acts 1997, No. 89, § 1.

(a) (1) An agreement to share a customer-bank communication terminal shall not prohibit, limit, or restrict the right of a bank from charging a customer-bank communication terminal usage fee. (2) The usage fee may be imposed only if imposition of the usage fee is disclosed at a time and in a manner that allows a user to terminate or cancel the transaction without incurring the usage fee.

(1) An agreement to share a customer-bank communication terminal shall not prohibit, limit, or restrict the right of a bank from charging a customer-bank communication terminal usage fee.

(2) The usage fee may be imposed only if imposition of the usage fee is disclosed at a time and in a manner that allows a user to terminate or cancel the transaction without incurring the usage fee.

(b) (1) For purposes of this section, "usage fee" is a fee charged by a customer-bank communication terminal owner on transactions by a holder of a foreign bank card. (2) For purposes of this section, a "foreign bank card" is a card eligible for use in a customer-bank communication terminal, which card is not issued by the customer-bank communication terminal owner.

(1) For purposes of this section, "usage fee" is a fee charged by a customer-bank communication terminal owner on transactions by a holder of a foreign bank card.

(2) For purposes of this section, a "foreign bank card" is a card eligible for use in a customer-bank communication terminal, which card is not issued by the customer-bank communication terminal owner.

Amended by Act 2015, No. 588,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 153,§ 1, eff. 2/26/2013.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-12-702 — AR Code / Title 23 / Chapter 12 / Subchapter 7 / Section 23-12-702
Railroad police - Oath and bonds
Status: in_force

Before entering into the performance of his or her duties, every railroad police officer appointed shall take and subscribe an oath of office and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the State of Arkansas, conditioned for the faithful performance of his or her duties. The oath of office and the bond, with a copy of the commission, shall be filed with the Secretary of State. Acts 1973, No. 57, § 2; A.S.A. 1947, § 73-635.

Before entering into the performance of his or her duties, every railroad police officer appointed shall take and subscribe an oath of office and enter into a surety bond in the sum of one thousand dollars ($1,000), payable to the State of Arkansas, conditioned for the faithful performance of his or her duties. The oath of office and the bond, with a copy of the commission, shall be filed with the Secretary of State.

Acts 1973, No. 57, § 2; A.S.A. 1947, § 73-635.
Ark. Code Ann. § 23-3-303 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-303
Applicability
Status: in_force

(a) If a domestic public utility seeks to acquire control of another domestic public utility which is subject to the Arkansas Public Service Commission's jurisdiction in a transaction described in § 23-3-306 for which the filing of a statement would be required, then an application for approval containing any information which the commission may prescribe by rule adopted pursuant to this subchapter shall be filed with and heard by the commission after such notice as the commission may prescribe, and the transaction shall be approved or disapproved based upon the factors enumerated in § 23-3-310 , subject to judicial review as provided in § 23-3-313 , but the other provisions of this subchapter shall not apply to the transaction. (b) Provisions of this subchapter shall not apply when voting securities are issued, exchanged, or sold by a domestic public utility upon terms and conditions approved by its board of directors. Amended by Act 2019, No. 315,§ 2381, eff. 7/24/2019. Acts 1985, No. 343, § 7; A.S.A. 1947, § 73-142.7.

(a) If a domestic public utility seeks to acquire control of another domestic public utility which is subject to the Arkansas Public Service Commission's jurisdiction in a transaction described in § 23-3-306 for which the filing of a statement would be required, then an application for approval containing any information which the commission may prescribe by rule adopted pursuant to this subchapter shall be filed with and heard by the commission after such notice as the commission may prescribe, and the transaction shall be approved or disapproved based upon the factors enumerated in § 23-3-310 , subject to judicial review as provided in § 23-3-313 , but the other provisions of this subchapter shall not apply to the transaction.

(b) Provisions of this subchapter shall not apply when voting securities are issued, exchanged, or sold by a domestic public utility upon terms and conditions approved by its board of directors.

Amended by Act 2019, No. 315,§ 2381, eff. 7/24/2019.

Acts 1985, No. 343, § 7; A.S.A. 1947, § 73-142.7.
Ark. Code Ann. § 23-37-402 — AR Code / Title 23 / Chapter 37 / Subchapter 4 / Section 23-37-402
Authority to act as trustee for certain trusts
Status: in_force

(a) A savings and loan association created pursuant to the laws of the United States or the State of Arkansas may act as trustee, and may receive reasonable compensation for so acting, of any trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan which qualifies or qualified for specific tax treatment under § 401(d) or § 408(a) of the Internal Revenue Code of 1954 if the funds of the trust are invested only in savings accounts or deposits in the association or in obligations or securities issued by the association. However, no association may invest any trust funds in its own common or preferred stock. (b) All funds held in a fiduciary capacity by any association may be commingled for appropriate purposes of investment, but individual records shall be kept by the fiduciary for each participant and shall show in proper detail all transactions engaged in under the authority of this section. (c) A savings and loan association within this state acting pursuant to this section shall not be deemed to be acting as an investment adviser within the meaning of the Arkansas Securities Act, § 23-42-101 et seq. Acts 1975, No. 595, §§ 1, 2; A.S.A. 1947, §§ 67-1867, 67-1868.

(a) A savings and loan association created pursuant to the laws of the United States or the State of Arkansas may act as trustee, and may receive reasonable compensation for so acting, of any trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan which qualifies or qualified for specific tax treatment under § 401(d) or § 408(a) of the Internal Revenue Code of 1954 if the funds of the trust are invested only in savings accounts or deposits in the association or in obligations or securities issued by the association. However, no association may invest any trust funds in its own common or preferred stock.

(b) All funds held in a fiduciary capacity by any association may be commingled for appropriate purposes of investment, but individual records shall be kept by the fiduciary for each participant and shall show in proper detail all transactions engaged in under the authority of this section.

(c) A savings and loan association within this state acting pursuant to this section shall not be deemed to be acting as an investment adviser within the meaning of the Arkansas Securities Act, § 23-42-101 et seq.

Acts 1975, No. 595, §§ 1, 2; A.S.A. 1947, §§ 67-1867, 67-1868.
Ark. Code Ann. § 23-81-133 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-133
Registered life insurance policies and annuity contracts - Mutilated or surrendered policies
Status: in_force

The Insurance Commissioner shall cancel mutilated or surrendered policies, annuity bonds, and contracts issued by any insurers subject to § 23-81-130 when surrendered to the commissioner and for the purpose of cancellation and certify other like policies, bonds, or contracts when issued in lieu thereof. Acts 1959, No. 148, § 340; A.S.A. 1947, § 66-3331.

The Insurance Commissioner shall cancel mutilated or surrendered policies, annuity bonds, and contracts issued by any insurers subject to § 23-81-130 when surrendered to the commissioner and for the purpose of cancellation and certify other like policies, bonds, or contracts when issued in lieu thereof.

Acts 1959, No. 148, § 340; A.S.A. 1947, § 66-3331.
Ark. Code Ann. § 23-47-702 — AR Code / Title 23 / Chapter 47 / Subchapter 7 / Section 23-47-702
Considerations determinative of grant or denial of applications
Status: in_force

In determining whether to grant an application by a state bank for permission to operate a trust department to exercise the powers enumerated in this subchapter, the Bank Commissioner may take into consideration the sufficiency of the capital base of the applying state bank, the needs of the community to be served, and any other facts and circumstances that seem to him or her proper, and may grant or refuse the application accordingly. Acts 1997, No. 89, § 1.

In determining whether to grant an application by a state bank for permission to operate a trust department to exercise the powers enumerated in this subchapter, the Bank Commissioner may take into consideration the sufficiency of the capital base of the applying state bank, the needs of the community to be served, and any other facts and circumstances that seem to him or her proper, and may grant or refuse the application accordingly.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-68-122 — AR Code / Title 23 / Chapter 68 / Section 23-68-122
Exemption from fees
Status: in_force

The Insurance Commissioner shall not be required to pay any fee to any public officer in this state for filing, recording, issuing a transcript or certificate, or authenticating any paper or instrument pertaining to the exercise by the commissioner of any of the powers or duties conferred upon him or her under this chapter, whether or not the paper or instrument is executed by the commissioner or his or her deputies, employees, or attorneys of record and whether or not it is connected with the commencement of any action or proceeding by or against the commissioner, or with the subsequent conduct of the action or proceeding. Acts 1959, No. 148, § 660; A.S.A. 1947, § 66-4823.

The Insurance Commissioner shall not be required to pay any fee to any public officer in this state for filing, recording, issuing a transcript or certificate, or authenticating any paper or instrument pertaining to the exercise by the commissioner of any of the powers or duties conferred upon him or her under this chapter, whether or not the paper or instrument is executed by the commissioner or his or her deputies, employees, or attorneys of record and whether or not it is connected with the commencement of any action or proceeding by or against the commissioner, or with the subsequent conduct of the action or proceeding.

Acts 1959, No. 148, § 660; A.S.A. 1947, § 66-4823.
Ark. Code Ann. § 23-99-509 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-509
Applicability
Status: in_force

(a) On or after October 3, 2009, this subchapter shall apply to health benefit plans on the health benefit plans' anniversaries or start dates but in no event later than one (1) year after October 3, 2009. (b) If a health benefit plan provides coverage or benefits to an Arkansas resident, the health benefit plan shall be deemed to be delivered in this state within the meaning of this subchapter, regardless of whether the healthcare insurer or other entity that provides the coverage is located within or outside Arkansas. Acts 1997, No. 1020, § 7; 2009, No. 1193, § 10.

(a) On or after October 3, 2009, this subchapter shall apply to health benefit plans on the health benefit plans' anniversaries or start dates but in no event later than one (1) year after October 3, 2009.

(b) If a health benefit plan provides coverage or benefits to an Arkansas resident, the health benefit plan shall be deemed to be delivered in this state within the meaning of this subchapter, regardless of whether the healthcare insurer or other entity that provides the coverage is located within or outside Arkansas.

Acts 1997, No. 1020, § 7; 2009, No. 1193, § 10.
Ark. Code Ann. § 23-83-108 — AR Code / Title 23 / Chapter 83 / Section 23-83-108
Restrictions on coverage of spouse and dependent children of group member
Status: in_force

Except for a policy issued under § 23-83-105(a) , a group policy, excluding an annuity policy, may be extended to insure the employees or members against loss due to the death of their spouses and dependent children or any classes thereof, subject to the following: (1) (A) The premium for the insurance shall be paid either from funds contributed by the employer, union, association, or other person to whom the policy has been issued or from funds contributed by the covered persons, or from both. (B) Except as provided in subdivision (2) of this section, a policy on which no part of the premium for the spouse's and dependent child's coverage is to be derived from funds contributed by the covered persons must insure all eligible employees or members with respect to their spouses and dependent children or any class or classes thereof unless rejected in writing by the employee or member; and (2) An insurer may exclude or limit the coverage on any spouse or dependent child as to whom evidence of individual insurability is not satisfactory to the insurer. Acts 1981, No. 898, § 8; A.S.A. 1947, § 66-3508; Acts 2001, No. 1382, § 9.

Except for a policy issued under § 23-83-105(a) , a group policy, excluding an annuity policy, may be extended to insure the employees or members against loss due to the death of their spouses and dependent children or any classes thereof, subject to the following:

(1) (A) The premium for the insurance shall be paid either from funds contributed by the employer, union, association, or other person to whom the policy has been issued or from funds contributed by the covered persons, or from both. (B) Except as provided in subdivision (2) of this section, a policy on which no part of the premium for the spouse's and dependent child's coverage is to be derived from funds contributed by the covered persons must insure all eligible employees or members with respect to their spouses and dependent children or any class or classes thereof unless rejected in writing by the employee or member; and

(A) The premium for the insurance shall be paid either from funds contributed by the employer, union, association, or other person to whom the policy has been issued or from funds contributed by the covered persons, or from both.

(B) Except as provided in subdivision (2) of this section, a policy on which no part of the premium for the spouse's and dependent child's coverage is to be derived from funds contributed by the covered persons must insure all eligible employees or members with respect to their spouses and dependent children or any class or classes thereof unless rejected in writing by the employee or member; and

(2) An insurer may exclude or limit the coverage on any spouse or dependent child as to whom evidence of individual insurability is not satisfactory to the insurer.

Acts 1981, No. 898, § 8; A.S.A. 1947, § 66-3508; Acts 2001, No. 1382, § 9.
Ark. Code Ann. § 23-83-126 — AR Code / Title 23 / Chapter 83 / Section 23-83-126
Assignment of rights not to prejudice insurer
Status: in_force

Subject to the terms of the group policy relating to assignment of rights or incidents of ownership thereunder, an assignment by the insured, whether made before or after June 17, 1981, shall vest in the assignee all of such rights or incidents of ownership so assigned in accordance with any provisions of the assignment as to the effective date thereof, but the assignment shall be without prejudice to the insurer on account of any payment it may make or individual policy it may issue prior to receipt of notice of the assignment. Acts 1981, No. 898, § 26; A.S.A. 1947, § 66-3526.

Subject to the terms of the group policy relating to assignment of rights or incidents of ownership thereunder, an assignment by the insured, whether made before or after June 17, 1981, shall vest in the assignee all of such rights or incidents of ownership so assigned in accordance with any provisions of the assignment as to the effective date thereof, but the assignment shall be without prejudice to the insurer on account of any payment it may make or individual policy it may issue prior to receipt of notice of the assignment.

Acts 1981, No. 898, § 26; A.S.A. 1947, § 66-3526.
Ark. Code Ann. § 23-18-203 — AR Code / Title 23 / Chapter 18 / Subchapter 2 / Section 23-18-203
Commission rules shall not conflict with United States Government regulations
Status: in_force

The Arkansas Public Service Commission shall make no rules affecting electric cooperative corporations in matters of accounting, recordkeeping, or fiscal management in conflict with regulations which have been, or shall be, promulgated by the Administrator of the Rural Electrification Administration of the United States Department of Agriculture [superseded] or such other agency or instrumentality described in § 23-18-202 . Amended by Act 2019, No. 315,§ 2474, eff. 7/24/2019. Acts 1967, No. 234, § 3; A.S.A. 1947, § 73-202.3.

The Arkansas Public Service Commission shall make no rules affecting electric cooperative corporations in matters of accounting, recordkeeping, or fiscal management in conflict with regulations which have been, or shall be, promulgated by the Administrator of the Rural Electrification Administration of the United States Department of Agriculture [superseded] or such other agency or instrumentality described in § 23-18-202 .

Amended by Act 2019, No. 315,§ 2474, eff. 7/24/2019.

Acts 1967, No. 234, § 3; A.S.A. 1947, § 73-202.3.
Ark. Code Ann. § 23-111-303 — AR Code / Title 23 / Chapter 111 / Subchapter 3 / Section 23-111-303
Approval of electors required
Status: in_force

The Arkansas Racing Commission shall not be authorized to grant, nor shall it grant, a franchise to any corporation to conduct greyhound racing in any county in this state unless the commission has been authorized to grant a franchise as expressed by the approval of a majority of the qualified electors of the state voting on the proposition at the regular statewide biennial general election, as set forth in this chapter. Acts 1957, No. 191, § 6; 1961, No. 56, § 1; 1965 (2nd Ex. Sess.), No. 7, § 1; A.S.A. 1947, § 84-2821.

The Arkansas Racing Commission shall not be authorized to grant, nor shall it grant, a franchise to any corporation to conduct greyhound racing in any county in this state unless the commission has been authorized to grant a franchise as expressed by the approval of a majority of the qualified electors of the state voting on the proposition at the regular statewide biennial general election, as set forth in this chapter.

Acts 1957, No. 191, § 6; 1961, No. 56, § 1; 1965 (2nd Ex. Sess.), No. 7, § 1; A.S.A. 1947, § 84-2821.
Ark. Code Ann. § 23-16-304 — AR Code / Title 23 / Chapter 16 / Subchapter 3 / Section 23-16-304
Payment - Subrogation
Status: in_force

In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall be entitled to the proceeds of any settlement or judgment, to the extent of the payment, resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury for which the payment is made, including the proceeds recoverable from the assets of the insolvent insurer. Acts 1975, No. 893, § 5; A.S.A. 1947, § 73-2405.

In the event of payment to any person under the coverage required by this subchapter and subject to the terms and conditions of the coverage, the insurer making the payment shall be entitled to the proceeds of any settlement or judgment, to the extent of the payment, resulting from the exercise of any rights of recovery of the person against any person or organization legally responsible for the bodily injury for which the payment is made, including the proceeds recoverable from the assets of the insolvent insurer.

Acts 1975, No. 893, § 5; A.S.A. 1947, § 73-2405.
Ark. Code Ann. § 23-99-1112 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1112
Application of subchapter
Status: in_force

This subchapter applies to a healthcare insurer, whether or not the healthcare insurer is: (1) Acting directly or indirectly through a private utilization review entity; or (2) Located in this state. Amended by Act 2023, No. 87,§ 2, eff. 8/1/2023. Amended by Act 2017, No. 815,§ 9, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

This subchapter applies to a healthcare insurer, whether or not the healthcare insurer is:

(1) Acting directly or indirectly through a private utilization review entity; or

(2) Located in this state.

Amended by Act 2023, No. 87,§ 2, eff. 8/1/2023.

Amended by Act 2017, No. 815,§ 9, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-112-508 — AR Code / Title 23 / Chapter 112 / Subchapter 5 / Section 23-112-508
Rules of order or procedure
Status: in_force

(a) The Arkansas Motor Vehicle Commission shall prescribe its rules of order or procedure in hearings, or other proceedings before it, under this chapter. (b) However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter. Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307.

(a) The Arkansas Motor Vehicle Commission shall prescribe its rules of order or procedure in hearings, or other proceedings before it, under this chapter.

(b) However, rules of order or procedure shall not be in conflict or contrary to the provisions of this subchapter.

Acts 1975, No. 388, § 7; A.S.A. 1947, § 75-2307.
Ark. Code Ann. § 23-67-601 — AR Code / Title 23 / Chapter 67 / Subchapter 6 / Section 23-67-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Interstate Insurance Product Regulation Compact". Added by Act 2013, No. 1330,§ 2, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Interstate Insurance Product Regulation Compact".

Added by Act 2013, No. 1330,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 23-112-1007 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1007
Display of license - Change of employer - Factory representative and distributor representative
Status: in_force

(a) A recreational vehicle factory representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request. (b) (1) The name of the employer of the factory representative shall be stated on the license. (2) In case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement on the license of the change of employer. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

(a) A recreational vehicle factory representative shall have his or her license upon his or her person when engaged in his or her business and shall display the license upon request.

(b) (1) The name of the employer of the factory representative shall be stated on the license. (2) In case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement on the license of the change of employer.

(1) The name of the employer of the factory representative shall be stated on the license.

(2) In case of a change of employer, the holder of the license shall immediately mail the license to the Arkansas Motor Vehicle Commission for its endorsement on the license of the change of employer.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-114-606 — AR Code / Title 23 / Chapter 114 / Subchapter 6 / Section 23-114-606
Nonfiler tax assessments
Status: in_force

(a) If a distributor fails to file an excise tax report required under this chapter, the Department of Finance and Administration shall make an excise tax assessment for the period or periods for which the distributor failed to report. (b) The estimate shall be based on any information covering any period possessed by the department. (c) On the basis of the department's estimate, the department shall compute and determine the amount of excise tax required to be paid along with any applicable interest and penalties authorized under the Arkansas Tax Procedure Act, § 26-18-101 et seq. Acts 2007, No. 388, § 1.

(a) If a distributor fails to file an excise tax report required under this chapter, the Department of Finance and Administration shall make an excise tax assessment for the period or periods for which the distributor failed to report.

(b) The estimate shall be based on any information covering any period possessed by the department.

(c) On the basis of the department's estimate, the department shall compute and determine the amount of excise tax required to be paid along with any applicable interest and penalties authorized under the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-84-113 — AR Code / Title 23 / Chapter 84 / Section 23-84-113
Rules
Status: in_force

The Insurance Commissioner shall have the authority to promulgate reasonable rules as may be appropriate to carry out the purposes and provisions of this chapter. Amended by Act 2019, No. 315,§ 2741, eff. 7/24/2019. Acts 1995, No. 1272, § 19.

The Insurance Commissioner shall have the authority to promulgate reasonable rules as may be appropriate to carry out the purposes and provisions of this chapter.

Amended by Act 2019, No. 315,§ 2741, eff. 7/24/2019.

Acts 1995, No. 1272, § 19.
Ark. Code Ann. § 23-99-703 — AR Code / Title 23 / Chapter 99 / Subchapter 7 / Section 23-99-703
Grievance system
Status: in_force

(a) All health carriers and networks shall make arrangements for handling and resolving grievances. (b) Each health carrier and network shall: (1) Maintain records of grievances filed with the health carrier and network concerning the quality of healthcare services; and (2) Submit in the form and manner prescribed by the Secretary of the Department of Health a periodic report which shall include: (A) A written description of the processes and procedures for resolving grievances; and (B) The total number of grievances handled through the grievance system, including a compilation of the dates of the grievances, the reason for the grievances, and resolutions of each grievance. (c) In consultation with the Insurance Commissioner, the secretary may promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the provisions of this subchapter to enable the state to be properly informed of quality issues within the state and to adequately respond to any quality concerns expressed through grievances. Amended by Act 2019, No. 315,§ 2805, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5111, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5110, eff. 7/1/2019. Acts 1999, No. 1200, § 3.

(a) All health carriers and networks shall make arrangements for handling and resolving grievances.

(b) Each health carrier and network shall: (1) Maintain records of grievances filed with the health carrier and network concerning the quality of healthcare services; and (2) Submit in the form and manner prescribed by the Secretary of the Department of Health a periodic report which shall include: (A) A written description of the processes and procedures for resolving grievances; and (B) The total number of grievances handled through the grievance system, including a compilation of the dates of the grievances, the reason for the grievances, and resolutions of each grievance.

(1) Maintain records of grievances filed with the health carrier and network concerning the quality of healthcare services; and

(2) Submit in the form and manner prescribed by the Secretary of the Department of Health a periodic report which shall include: (A) A written description of the processes and procedures for resolving grievances; and (B) The total number of grievances handled through the grievance system, including a compilation of the dates of the grievances, the reason for the grievances, and resolutions of each grievance.

(A) A written description of the processes and procedures for resolving grievances; and

(B) The total number of grievances handled through the grievance system, including a compilation of the dates of the grievances, the reason for the grievances, and resolutions of each grievance.

(c) In consultation with the Insurance Commissioner, the secretary may promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to carry out the provisions of this subchapter to enable the state to be properly informed of quality issues within the state and to adequately respond to any quality concerns expressed through grievances.

Amended by Act 2019, No. 315,§ 2805, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5111, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5110, eff. 7/1/2019.

Acts 1999, No. 1200, § 3.
Ark. Code Ann. § 23-63-904 — AR Code / Title 23 / Chapter 63 / Subchapter 9 / Section 23-63-904
Depositary or custodian
Status: in_force

(a) Deposits made under the Arkansas Insurance Code shall be made through the office of the Insurance Commissioner in safe deposit or under custodial arrangements as required or approved by the commissioner consistent with the purposes of the deposit with an established safe deposit institution, bank, or trust company, or under other safekeeping arrangements, located in this state, and selected by the insurer with the commissioner's approval. (b) Except in the presence of the commissioner or his or her authorized representative, the insurer shall not have access to any securities or assets representing its deposits so held in safe deposit. (c) The form and terms of all depositary or custodial agreements shall be as prescribed or approved by the commissioner consistent with the applicable provisions of the Arkansas Insurance Code. (d) The compensation and expenses of the depositary or custodian shall be borne by the insurer. Acts 1959, No. 148, § 135; 1979, No. 596, § 1; A.S.A. 1947, § 66-2704; Acts 1997, No. 296, § 4.

(a) Deposits made under the Arkansas Insurance Code shall be made through the office of the Insurance Commissioner in safe deposit or under custodial arrangements as required or approved by the commissioner consistent with the purposes of the deposit with an established safe deposit institution, bank, or trust company, or under other safekeeping arrangements, located in this state, and selected by the insurer with the commissioner's approval.

(b) Except in the presence of the commissioner or his or her authorized representative, the insurer shall not have access to any securities or assets representing its deposits so held in safe deposit.

(c) The form and terms of all depositary or custodial agreements shall be as prescribed or approved by the commissioner consistent with the applicable provisions of the Arkansas Insurance Code.

(d) The compensation and expenses of the depositary or custodian shall be borne by the insurer.

Acts 1959, No. 148, § 135; 1979, No. 596, § 1; A.S.A. 1947, § 66-2704; Acts 1997, No. 296, § 4.
Ark. Code Ann. § 23-47-205 — AR Code / Title 23 / Chapter 47 / Subchapter 2 / Section 23-47-205
Adverse claim to deposit
Status: in_force

Notice to a bank of an adverse claim to a deposit standing on its books to the credit of any person shall not be sufficient to require the bank to pay the deposit to the adverse claimant or otherwise recognize the adverse claim unless the adverse claimant also: (1) Procures a restraining order, injunction, or other appropriate process, which has become final and not further appealable, against the bank from a court of competent jurisdiction in a cause therein instituted by him or her wherein the person to whose credit the deposit stands is made a party and served with summons; or (2) Executes to the bank, in form and with sureties acceptable to it, a bond indemnifying the bank from any and all liability, loss, damage, costs, and expenses for and on account of the payment of the adverse claim or the dishonor of the check or other order of the person to whose credit the deposit stands on the books of the bank. Acts 1997, No. 89, § 1.

Notice to a bank of an adverse claim to a deposit standing on its books to the credit of any person shall not be sufficient to require the bank to pay the deposit to the adverse claimant or otherwise recognize the adverse claim unless the adverse claimant also:

(1) Procures a restraining order, injunction, or other appropriate process, which has become final and not further appealable, against the bank from a court of competent jurisdiction in a cause therein instituted by him or her wherein the person to whose credit the deposit stands is made a party and served with summons; or

(2) Executes to the bank, in form and with sureties acceptable to it, a bond indemnifying the bank from any and all liability, loss, damage, costs, and expenses for and on account of the payment of the adverse claim or the dishonor of the check or other order of the person to whose credit the deposit stands on the books of the bank.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-81-901 — AR Code / Title 23 / Chapter 81 / Subchapter 9 / Section 23-81-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Unclaimed Life Insurance Benefits Act". Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.

This subchapter shall be known and may be cited as the "Unclaimed Life Insurance Benefits Act".

Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.
Ark. Code Ann. § 23-11-218 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-218
Officers and committees of board of directors
Status: in_force

(a) The board of directors shall select the officers of the corporation. (b) There shall be: (1) A president of the company, who shall be chosen by and from the directors; (2) Such committees of the board of directors vested with such authority and powers as may be fixed by resolution of the board of directors or by the bylaws of the company; and (3) Such subordinate officers of the company as may be designated by the bylaws and who may be elected or appointed as provided in the bylaws. Acts 1868, No. 71, § 10, p. 290; C. & M. Dig., § 8437; Pope's Dig., § 11011; Acts 1959, No. 30, §§ 14, 17; A.S.A. 1947, §§ 73-327, 73-328.1.

(a) The board of directors shall select the officers of the corporation.

(b) There shall be: (1) A president of the company, who shall be chosen by and from the directors; (2) Such committees of the board of directors vested with such authority and powers as may be fixed by resolution of the board of directors or by the bylaws of the company; and (3) Such subordinate officers of the company as may be designated by the bylaws and who may be elected or appointed as provided in the bylaws.

(1) A president of the company, who shall be chosen by and from the directors;

(2) Such committees of the board of directors vested with such authority and powers as may be fixed by resolution of the board of directors or by the bylaws of the company; and

(3) Such subordinate officers of the company as may be designated by the bylaws and who may be elected or appointed as provided in the bylaws.

Acts 1868, No. 71, § 10, p. 290; C. & M. Dig., § 8437; Pope's Dig., § 11011; Acts 1959, No. 30, §§ 14, 17; A.S.A. 1947, §§ 73-327, 73-328.1.
Ark. Code Ann. § 23-12-602 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-602
Transfer of passengers, freight, and mail at crossings, intersections, etc. - Damages
Status: in_force

(a) Every railroad company operating a railroad in this state shall cause all freight and passenger trains running on its roads to stop at all points on its roads where another railroad crosses, joins, unites, or intersects. At those places the company shall take and receive on its trains all passengers, freight, and mail which the railroad so crossing, joining, or intersecting has for shipment at that point and shall carry the passengers, freight, and mail. (b) The railroad shall also discharge all passengers, freight, and mail consigned to the point of crossing, intersection, or junction of the railroad and which is to be transported, carried, and conveyed on the railroad. (c) No railroad company shall in any way discriminate against passengers or freight transported or conveyed by any intersecting railroad company. (d) Any railroad company violating any of the provisions of this section shall forfeit and pay to the company injured thereby double the amount of damages which the injured company may have sustained. This amount shall be recovered in any court of competent jurisdiction. Acts 1883, No. 89, §§ 3, 4, p. 158; C. & M. Dig., §§ 852, 853, 8491, 8492; Pope's Dig., §§ 1056, 1057, 11065, 11066; A.S.A. 1947, §§ 73-803, 73-804.

(a) Every railroad company operating a railroad in this state shall cause all freight and passenger trains running on its roads to stop at all points on its roads where another railroad crosses, joins, unites, or intersects. At those places the company shall take and receive on its trains all passengers, freight, and mail which the railroad so crossing, joining, or intersecting has for shipment at that point and shall carry the passengers, freight, and mail.

(b) The railroad shall also discharge all passengers, freight, and mail consigned to the point of crossing, intersection, or junction of the railroad and which is to be transported, carried, and conveyed on the railroad.

(c) No railroad company shall in any way discriminate against passengers or freight transported or conveyed by any intersecting railroad company.

(d) Any railroad company violating any of the provisions of this section shall forfeit and pay to the company injured thereby double the amount of damages which the injured company may have sustained. This amount shall be recovered in any court of competent jurisdiction.

Acts 1883, No. 89, §§ 3, 4, p. 158; C. & M. Dig., §§ 852, 853, 8491, 8492; Pope's Dig., §§ 1056, 1057, 11065, 11066; A.S.A. 1947, §§ 73-803, 73-804.
Ark. Code Ann. § 23-73-104 — AR Code / Title 23 / Chapter 73 / Section 23-73-104
Other provisions applicable
Status: in_force

In addition to the provisions of this chapter, farmers' mutual aid companies or associations shall also be subject to the following chapters and provisions of the Arkansas Insurance Code to the extent so applicable: (1) Sections 23-60-101 - 23-60-108 and 23-60-110 , scope of Arkansas Insurance Code; (2) Section 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq., the Insurance Commissioner; (3) Section 23-65-101 et seq., unauthorized insurers; (4) Sections 23-66-201 - 23-66-213 , 23-66-301 - 23-66-306 , 23-66-308 - 23-66-311 , 23-66-313 , 23-66-314 , and 23-66-501 - 23-66-513 , trade practices and frauds; (5) Section 23-79-208 , suits against insurers - damages and attorney's fees, loss claims; (6) Sections 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 , rehabilitation and liquidation; (7) Provisions of § 23-63-601 et seq., assets and reserves and valuation of assets; (8) Sections 23-63-801 - 23-63-833 and 23-63-835 , investments; (9) Section 23-62-205 , reinsurance; (10) Section 23-69-134 , maintenance of home office and records; (11) Section 23-64-101 et seq., agents, brokers, solicitors, adjusters, and consultants. However, company or association officers and directors that also act as agents for their companies or associations shall not be required to license as agents, if the officers and directors do not receive commissions for policy sales; (12) Sections 23-61-701 - 23-61-705 , State Insurance Department Trust Fund fees; (13) Section 23-79-109 , filing and approval of forms; (14) Sections 23-88-101 , valued policy law and 23-88-102 , paying costs of volunteer fire department services; and (15) Section 23-63-201 et seq., authority to do business. Amended by Act 2021, No. 367,§ 19, eff. 7/28/2021. Amended by Act 2019, No. 521,§ 21, eff. 7/24/2019. Acts 1959, No. 148, § 593; 1979, No. 942, § 18; A.S.A. 1947, § 66-4615; Acts 1991, No. 804, § 4; 1997, No. 774, § 1; 2001, No. 1566, § 17.

In addition to the provisions of this chapter, farmers' mutual aid companies or associations shall also be subject to the following chapters and provisions of the Arkansas Insurance Code to the extent so applicable:

(1) Sections 23-60-101 - 23-60-108 and 23-60-110 , scope of Arkansas Insurance Code;

(2) Section 23-61-101 et seq., § 23-61-201 et seq., and § 23-61-301 et seq., the Insurance Commissioner;

(3) Section 23-65-101 et seq., unauthorized insurers;

(4) Sections 23-66-201 - 23-66-213 , 23-66-301 - 23-66-306 , 23-66-308 - 23-66-311 , 23-66-313 , 23-66-314 , and 23-66-501 - 23-66-513 , trade practices and frauds;

(5) Section 23-79-208 , suits against insurers - damages and attorney's fees, loss claims;

(6) Sections 23-68-101 - 23-68-113 and 23-68-115 - 23-68-132 , rehabilitation and liquidation;

(7) Provisions of § 23-63-601 et seq., assets and reserves and valuation of assets;

(8) Sections 23-63-801 - 23-63-833 and 23-63-835 , investments;

(9) Section 23-62-205 , reinsurance;

(10) Section 23-69-134 , maintenance of home office and records;

(11) Section 23-64-101 et seq., agents, brokers, solicitors, adjusters, and consultants. However, company or association officers and directors that also act as agents for their companies or associations shall not be required to license as agents, if the officers and directors do not receive commissions for policy sales;

(12) Sections 23-61-701 - 23-61-705 , State Insurance Department Trust Fund fees;

(13) Section 23-79-109 , filing and approval of forms;

(14) Sections 23-88-101 , valued policy law and 23-88-102 , paying costs of volunteer fire department services; and

(15) Section 23-63-201 et seq., authority to do business.

Amended by Act 2021, No. 367,§ 19, eff. 7/28/2021.

Amended by Act 2019, No. 521,§ 21, eff. 7/24/2019.

Acts 1959, No. 148, § 593; 1979, No. 942, § 18; A.S.A. 1947, § 66-4615; Acts 1991, No. 804, § 4; 1997, No. 774, § 1; 2001, No. 1566, § 17.
Ark. Code Ann. § 23-79-113 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-113
Charter or bylaw provisions excluded - Exception
Status: in_force

(a) No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless the portion is set forth in full in the policy. (b) Any policy provision in violation of this section shall be invalid. Acts 1959, No. 148, § 281; A.S.A. 1947, § 66-3214.

(a) No policy shall contain any provision purporting to make any portion of the charter, bylaws, or other constituent document of the insurer, other than the subscribers' agreement or power of attorney of a reciprocal insurer, a part of the contract unless the portion is set forth in full in the policy.

(b) Any policy provision in violation of this section shall be invalid.

Acts 1959, No. 148, § 281; A.S.A. 1947, § 66-3214.
Ark. Code Ann. § 23-83-123 — AR Code / Title 23 / Chapter 83 / Section 23-83-123
Group insurance on Arkansas residents placed in authorized insurers
Status: in_force

(a) All group life, annuity, and accident and health insurance placed by an employer on employees who are residents of this state shall be placed by the employer with an insurer authorized to transact insurance in this state. (b) This section shall not apply to group insurance lawfully placed in an authorized insurer as a surplus line under § 23-65-101 et seq. Acts 1981, No. 898, § 23; A.S.A. 1947, § 66-3523; Acts 2007, No. 496, § 16.

(a) All group life, annuity, and accident and health insurance placed by an employer on employees who are residents of this state shall be placed by the employer with an insurer authorized to transact insurance in this state.

(b) This section shall not apply to group insurance lawfully placed in an authorized insurer as a surplus line under § 23-65-101 et seq.

Acts 1981, No. 898, § 23; A.S.A. 1947, § 66-3523; Acts 2007, No. 496, § 16.
Ark. Code Ann. § 23-18-523 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-523
Transfer of certificates
Status: in_force

Subject to the approval of the Arkansas Public Service Commission, a certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained therein. It shall also be transferable by operation of law to any receiver, trustee, or other similar assignee under a mortgage, deed of trust, or similar instrument. Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.

Subject to the approval of the Arkansas Public Service Commission, a certificate may be transferred to a person who agrees to comply with the terms, conditions, and modifications contained therein. It shall also be transferable by operation of law to any receiver, trustee, or other similar assignee under a mortgage, deed of trust, or similar instrument.

Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.
Ark. Code Ann. § 23-79-104 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-104
Insurable interest - Property
Status: in_force

(a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured at the time of the effectuation of the insurance and at the time of the loss. (b) "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment. Acts 1959, No. 148, § 272; A.S.A. 1947, § 66-3205.

(a) No contract of insurance of property or of any interest in property or arising from property shall be enforceable as to the insurance except for the benefit of persons having an insurable interest in the things insured at the time of the effectuation of the insurance and at the time of the loss.

(b) "Insurable interest" as used in this section means any actual, lawful, and substantial economic interest in the safety or preservation of the subject of the insurance free from loss, destruction, or pecuniary damage or impairment.

Acts 1959, No. 148, § 272; A.S.A. 1947, § 66-3205.
Ark. Code Ann. § 23-113-603 — AR Code / Title 23 / Chapter 113 / Subchapter 6 / Section 23-113-603
Pari-mutuel wagering on horse racing and greyhound racing
Status: in_force

(a) Pari-mutuel wagering on horse racing and greyhound racing, whether on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means, shall continue to be governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., respectively, and not by this chapter. (b) (1) Provisions of the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., prohibiting wagering other than on horse or greyhound races and other than under the pari-mutuel or certificate method of wagering shall not apply to wagering on electronic games of skill conducted pursuant to this chapter, and to this end the provisions of § 23-110-405(d)(1) and (2) , § 23-111-508(b) , § 23-111-508(d)(1) and (2) , § 23-111-508(d)(4) , and any other inconsistent provisions of the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall not apply to wagering on electronic games of skill conducted in accordance with this chapter. (2) Wagering under this chapter is not required to be pari-mutuel. Acts 2005, No. 1151, § 1.

(a) Pari-mutuel wagering on horse racing and greyhound racing, whether on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means, shall continue to be governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., respectively, and not by this chapter.

(b) (1) Provisions of the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., prohibiting wagering other than on horse or greyhound races and other than under the pari-mutuel or certificate method of wagering shall not apply to wagering on electronic games of skill conducted pursuant to this chapter, and to this end the provisions of § 23-110-405(d)(1) and (2) , § 23-111-508(b) , § 23-111-508(d)(1) and (2) , § 23-111-508(d)(4) , and any other inconsistent provisions of the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall not apply to wagering on electronic games of skill conducted in accordance with this chapter. (2) Wagering under this chapter is not required to be pari-mutuel.

(1) Provisions of the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., prohibiting wagering other than on horse or greyhound races and other than under the pari-mutuel or certificate method of wagering shall not apply to wagering on electronic games of skill conducted pursuant to this chapter, and to this end the provisions of § 23-110-405(d)(1) and (2) , § 23-111-508(b) , § 23-111-508(d)(1) and (2) , § 23-111-508(d)(4) , and any other inconsistent provisions of the Arkansas Horse Racing Law, § 23-110-101 et seq., and the Arkansas Greyhound Racing Law, § 23-111-101 et seq., shall not apply to wagering on electronic games of skill conducted in accordance with this chapter.

(2) Wagering under this chapter is not required to be pari-mutuel.

Acts 2005, No. 1151, § 1.