Ark. Code Ann. § 23-12-807 — AR Code / Title 23 / Chapter 12 / Subchapter 8 / Section 23-12-807
Engineer or conductor intoxicated
Status: in_force

If a person is intoxicated while in charge of a locomotive engine running upon any railroad in this state or while acting as the conductor of any cars on any railroad in this state, he or she is guilty of a Class A misdemeanor and shall be punished accordingly. Amended by Act 2023, No. 180,§ 8, eff. 8/1/2023. Acts 1868, No. 71, § 36, p. 290; C. & M. Dig., § 8590; Pope's Dig., § 11168; A.S.A. 1947, § 73-1101.

If a person is intoxicated while in charge of a locomotive engine running upon any railroad in this state or while acting as the conductor of any cars on any railroad in this state, he or she is guilty of a Class A misdemeanor and shall be punished accordingly.

Amended by Act 2023, No. 180,§ 8, eff. 8/1/2023.

Acts 1868, No. 71, § 36, p. 290; C. & M. Dig., § 8590; Pope's Dig., § 11168; A.S.A. 1947, § 73-1101.
Ark. Code Ann. § 23-63-1603 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1603
Similar names
Status: in_force

A captive insurance company may not adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for, any other existing business name registered in this state. Acts 2001, No. 1391, § 3.

A captive insurance company may not adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for, any other existing business name registered in this state.

Acts 2001, No. 1391, § 3.
Ark. Code Ann. § 23-114-409 — AR Code / Title 23 / Chapter 114 / Subchapter 4 / Section 23-114-409
Purchase of bingo equipment
Status: in_force

Licensed authorized organizations shall purchase bingo equipment only from distributors licensed under this chapter. Distributors that wish to sell bingo equipment to licensed authorized organizations within this state shall purchase bingo equipment only from manufacturers licensed under this chapter. Acts 2007, No. 388, § 1.

Licensed authorized organizations shall purchase bingo equipment only from distributors licensed under this chapter. Distributors that wish to sell bingo equipment to licensed authorized organizations within this state shall purchase bingo equipment only from manufacturers licensed under this chapter.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-63-1202 — AR Code / Title 23 / Chapter 63 / Subchapter 12 / Section 23-63-1202
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015. Acts 1993, No. 166, § 1; 1995, No. 108, § 2; 1997, No. 1111, § 1.

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015.

Acts 1993, No. 166, § 1; 1995, No. 108, § 2; 1997, No. 1111, § 1.
Ark. Code Ann. § 23-61-702 — AR Code / Title 23 / Chapter 61 / Subchapter 7 / Section 23-61-702
State Insurance Department Trust Fund - Creation
Status: in_force

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Trust Fund", to be used to: (1) Defray the expenses of the State Insurance Department in the discharge of its administrative and regulatory powers and duties as prescribed by law; (2) Defray the administrative expenses and losses incurred by the Arkansas Comprehensive Health Insurance Pool or its successor; and (3) Fund capital expenditures and training for fire departments certified by the Arkansas Department of Emergency Management. (b) No money is to be appropriated from this fund for any purpose except: (1) As provided in subsection (a) of this section; (2) For the personal services and operating expenses, maintenance and operations, and support of and improvements to the State Insurance Department; or (3) At the direction of the Insurance Commissioner for the use, benefit, and support of the State Insurance Department. (c) The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State. (d) All income derived through grants, refunds, and gifts to the fund shall be credited as income to the fund and deposited therein. (e) Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment except as may be provided in this subchapter. Acts 1993, No. 652, § 2; 2001, No. 572, § 1; 2003, No. 1583, § 4.

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "State Insurance Department Trust Fund", to be used to: (1) Defray the expenses of the State Insurance Department in the discharge of its administrative and regulatory powers and duties as prescribed by law; (2) Defray the administrative expenses and losses incurred by the Arkansas Comprehensive Health Insurance Pool or its successor; and (3) Fund capital expenditures and training for fire departments certified by the Arkansas Department of Emergency Management.

(1) Defray the expenses of the State Insurance Department in the discharge of its administrative and regulatory powers and duties as prescribed by law;

(2) Defray the administrative expenses and losses incurred by the Arkansas Comprehensive Health Insurance Pool or its successor; and

(3) Fund capital expenditures and training for fire departments certified by the Arkansas Department of Emergency Management.

(b) No money is to be appropriated from this fund for any purpose except: (1) As provided in subsection (a) of this section; (2) For the personal services and operating expenses, maintenance and operations, and support of and improvements to the State Insurance Department; or (3) At the direction of the Insurance Commissioner for the use, benefit, and support of the State Insurance Department.

(1) As provided in subsection (a) of this section;

(2) For the personal services and operating expenses, maintenance and operations, and support of and improvements to the State Insurance Department; or

(3) At the direction of the Insurance Commissioner for the use, benefit, and support of the State Insurance Department.

(c) The fund established pursuant to this section shall be administered, disbursed, and invested under the direction of the commissioner and the Treasurer of State.

(d) All income derived through grants, refunds, and gifts to the fund shall be credited as income to the fund and deposited therein.

(e) Further, all moneys deposited to the fund shall not be subject to any deduction, tax, levy, or any other type of assessment except as may be provided in this subchapter.

Acts 1993, No. 652, § 2; 2001, No. 572, § 1; 2003, No. 1583, § 4.
Ark. Code Ann. § 23-91-222 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-222
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 15; A.S.A. 1947, § 66-5415.

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

Acts 1977, No. 368, § 15; A.S.A. 1947, § 66-5415.
Ark. Code Ann. § 23-35-102 — AR Code / Title 23 / Chapter 35 / Subchapter 1 / Section 23-35-102
Operation of central credit unions
Status: in_force

(a) A central credit union may be organized and operated as provided in this chapter. (b) A central credit union shall be designated by use of the term "central" in its official name. A credit union not conforming to the requirements for a central credit union shall not use the term "central" in its official name. (c) A central credit union shall be subject to all the provisions of this chapter. Specific provisions setting forth the operation of central credit unions shall take precedence over other provisions of this chapter if those specific provisions are inconsistent with other parts of this chapter. Acts 1971, No. 132, § 2; 1975, No. 530, § 2; A.S.A. 1947, § 67-902.

(a) A central credit union may be organized and operated as provided in this chapter.

(b) A central credit union shall be designated by use of the term "central" in its official name. A credit union not conforming to the requirements for a central credit union shall not use the term "central" in its official name.

(c) A central credit union shall be subject to all the provisions of this chapter. Specific provisions setting forth the operation of central credit unions shall take precedence over other provisions of this chapter if those specific provisions are inconsistent with other parts of this chapter.

Acts 1971, No. 132, § 2; 1975, No. 530, § 2; A.S.A. 1947, § 67-902.
Ark. Code Ann. § 23-68-121 — AR Code / Title 23 / Chapter 68 / Section 23-68-121
Disposition of moneys collected
Status: in_force

(a) The moneys collected by the Insurance Commissioner in a proceeding under this chapter shall be from time to time deposited into one (1) or more state or national banks, savings banks, or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary which is an institution organized and supervised under the laws of this state, such deposits shall be entitled to priority of payment on an equality with any other priority given by the banking laws of this state. (b) The commissioner may in his or her discretion deposit such moneys or any part thereof in a national bank or trust company as a trust fund. Acts 1959, No. 148, § 659; A.S.A. 1947, § 66-4822.

(a) The moneys collected by the Insurance Commissioner in a proceeding under this chapter shall be from time to time deposited into one (1) or more state or national banks, savings banks, or trust companies, and in the case of the insolvency or voluntary or involuntary liquidation of any such depositary which is an institution organized and supervised under the laws of this state, such deposits shall be entitled to priority of payment on an equality with any other priority given by the banking laws of this state.

(b) The commissioner may in his or her discretion deposit such moneys or any part thereof in a national bank or trust company as a trust fund.

Acts 1959, No. 148, § 659; A.S.A. 1947, § 66-4822.
Ark. Code Ann. § 23-99-701 — AR Code / Title 23 / Chapter 99 / Subchapter 7 / Section 23-99-701
Legislative findings
Status: in_force

The General Assembly finds and declares the following: (1) The State of Arkansas has an interest in protecting its citizens and in pursuing reasonable means to improve the quality of life and health of those citizens; (2) In the healthcare field, the State of Arkansas has traditionally regulated utilization review as well as the quality of care provided by healthcare providers, insurance companies, and organizations which assume the risk of providing healthcare services for citizens of this state, such as health maintenance organizations; and (3) Dynamic changes in how health care is delivered to citizens of this state require the state to oversee the quality of healthcare processes and outcomes resulting from health carriers and networks. Acts 1999, No. 1200, § 1.

The General Assembly finds and declares the following:

(1) The State of Arkansas has an interest in protecting its citizens and in pursuing reasonable means to improve the quality of life and health of those citizens;

(2) In the healthcare field, the State of Arkansas has traditionally regulated utilization review as well as the quality of care provided by healthcare providers, insurance companies, and organizations which assume the risk of providing healthcare services for citizens of this state, such as health maintenance organizations; and

(3) Dynamic changes in how health care is delivered to citizens of this state require the state to oversee the quality of healthcare processes and outcomes resulting from health carriers and networks.

Acts 1999, No. 1200, § 1.
Ark. Code Ann. § 23-114-704 — AR Code / Title 23 / Chapter 114 / Subchapter 7 / Section 23-114-704
Injunction
Status: in_force

(a) If the Department of Finance and Administration has reason to believe that this chapter has been violated, the Secretary of the Department of Finance and Administration may petition a court for injunctive relief to restrain the violation. (b) (1) Venue for an action seeking injunctive relief against a licensed distributor or a licensed manufacturer is in Pulaski County, Arkansas. (2) Venue for an action seeking injunctive relief against a licensed authorized organization is in the county where the licensed authorized organization resides. (c) If the court finds that this chapter has been violated, the court shall restrain the violation by issuing: (1) A temporary restraining order; (2) After due notice and hearing, a temporary injunction; and (3) After a final trial, a permanent injunction. Amended by Act 2019, No. 910,§ 3531, eff. 7/1/2019. Acts 2007, No. 388, § 1; 2009, No. 164, § 19; 2009, No. 499, § 11.

(a) If the Department of Finance and Administration has reason to believe that this chapter has been violated, the Secretary of the Department of Finance and Administration may petition a court for injunctive relief to restrain the violation.

(b) (1) Venue for an action seeking injunctive relief against a licensed distributor or a licensed manufacturer is in Pulaski County, Arkansas. (2) Venue for an action seeking injunctive relief against a licensed authorized organization is in the county where the licensed authorized organization resides.

(1) Venue for an action seeking injunctive relief against a licensed distributor or a licensed manufacturer is in Pulaski County, Arkansas.

(2) Venue for an action seeking injunctive relief against a licensed authorized organization is in the county where the licensed authorized organization resides.

(c) If the court finds that this chapter has been violated, the court shall restrain the violation by issuing: (1) A temporary restraining order; (2) After due notice and hearing, a temporary injunction; and (3) After a final trial, a permanent injunction.

(1) A temporary restraining order;

(2) After due notice and hearing, a temporary injunction; and

(3) After a final trial, a permanent injunction.

Amended by Act 2019, No. 910,§ 3531, eff. 7/1/2019.

Acts 2007, No. 388, § 1; 2009, No. 164, § 19; 2009, No. 499, § 11.
Ark. Code Ann. § 23-88-106 — AR Code / Title 23 / Chapter 88 / Subchapter 1 / Section 23-88-106
Expense depreciation applicable when determining value of damaged property in insurance policies - Definitions
Status: in_force

(a) As used in this section: (1) "Damaged property" means a damaged dwelling, a damaged structure, damaged personal property, or any other damaged property or service, the damage to which is covered under the terms of an insurance policy; and (2) "Expense depreciation" means depreciation, including but not limited to the cost of goods, materials, labor, and services necessary to replace, repair, or rebuild damaged property. (b) An insurance policy covering damaged property: (1) May allow for expense depreciation; and (2) Shall provide notice within the insurance policy in a form approved by the Insurance Commissioner that expense depreciation may be deducted. (c) If expense depreciation is applied to a loss for damaged property, the insurer shall provide a written explanation as to how the expense depreciation was calculated. Added by Act 2017, No. 279,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Damaged property" means a damaged dwelling, a damaged structure, damaged personal property, or any other damaged property or service, the damage to which is covered under the terms of an insurance policy; and (2) "Expense depreciation" means depreciation, including but not limited to the cost of goods, materials, labor, and services necessary to replace, repair, or rebuild damaged property.

(1) "Damaged property" means a damaged dwelling, a damaged structure, damaged personal property, or any other damaged property or service, the damage to which is covered under the terms of an insurance policy; and

(2) "Expense depreciation" means depreciation, including but not limited to the cost of goods, materials, labor, and services necessary to replace, repair, or rebuild damaged property.

(b) An insurance policy covering damaged property: (1) May allow for expense depreciation; and (2) Shall provide notice within the insurance policy in a form approved by the Insurance Commissioner that expense depreciation may be deducted.

(1) May allow for expense depreciation; and

(2) Shall provide notice within the insurance policy in a form approved by the Insurance Commissioner that expense depreciation may be deducted.

(c) If expense depreciation is applied to a loss for damaged property, the insurer shall provide a written explanation as to how the expense depreciation was calculated.

Added by Act 2017, No. 279,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 23-69-302 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-302
Purpose
Status: in_force

(a) (1) The General Assembly finds and declares that it is in the public interest that a domestic mutual insurer be permitted to reorganize in a manner that preserves attributes of its mutuality while facilitating capital-raising abilities and corporate affiliations on terms and conditions that are fair and equitable to the mutual insurer's policyholders. (2) The General Assembly further finds that because policyholders of a mutual insurer have membership interests in the mutual insurer, the Insurance Commissioner should have broad authority in reviewing a reorganization, and the procedures and criteria to be applied by the commissioner should be flexible within the parameters of this subchapter. (b) This subchapter shall be liberally construed to effect the legislative intent set forth in this section and shall not be interpreted to limit the powers granted to the commissioner by other laws. Acts 2001, No. 1726, § 1.

(a) (1) The General Assembly finds and declares that it is in the public interest that a domestic mutual insurer be permitted to reorganize in a manner that preserves attributes of its mutuality while facilitating capital-raising abilities and corporate affiliations on terms and conditions that are fair and equitable to the mutual insurer's policyholders. (2) The General Assembly further finds that because policyholders of a mutual insurer have membership interests in the mutual insurer, the Insurance Commissioner should have broad authority in reviewing a reorganization, and the procedures and criteria to be applied by the commissioner should be flexible within the parameters of this subchapter.

(1) The General Assembly finds and declares that it is in the public interest that a domestic mutual insurer be permitted to reorganize in a manner that preserves attributes of its mutuality while facilitating capital-raising abilities and corporate affiliations on terms and conditions that are fair and equitable to the mutual insurer's policyholders.

(2) The General Assembly further finds that because policyholders of a mutual insurer have membership interests in the mutual insurer, the Insurance Commissioner should have broad authority in reviewing a reorganization, and the procedures and criteria to be applied by the commissioner should be flexible within the parameters of this subchapter.

(b) This subchapter shall be liberally construed to effect the legislative intent set forth in this section and shall not be interpreted to limit the powers granted to the commissioner by other laws.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-2-110 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-110
Payment of expenses and salaries
Status: in_force

(a) The expenses of the Arkansas Public Service Commission shall be paid from the State Treasury on the warrant of the Auditor of State. (b) The clerk of the commission shall make out an itemized account of all the expenses incurred by the commission, fees paid for officials for issuing and serving notices and process, witness fees, and any other expenses actually paid and which are authorized by this act. (c) The account shall be examined by the commission and approved by it if correct, and the account so approved shall be filed with the Auditor of State. (d) The Auditor of State shall issue his or her warrant on the Treasurer of State for the amount of the account and deliver the warrant to the clerk of the commission, and the Treasurer of State is authorized to pay the warrant. Acts 1899, No. 53, § 21, p. 82; C. & M. Dig., § 1676; Pope's Dig., § 1986; A.S.A. 1947, § 73-108.

(a) The expenses of the Arkansas Public Service Commission shall be paid from the State Treasury on the warrant of the Auditor of State.

(b) The clerk of the commission shall make out an itemized account of all the expenses incurred by the commission, fees paid for officials for issuing and serving notices and process, witness fees, and any other expenses actually paid and which are authorized by this act.

(c) The account shall be examined by the commission and approved by it if correct, and the account so approved shall be filed with the Auditor of State.

(d) The Auditor of State shall issue his or her warrant on the Treasurer of State for the amount of the account and deliver the warrant to the clerk of the commission, and the Treasurer of State is authorized to pay the warrant.

Acts 1899, No. 53, § 21, p. 82; C. & M. Dig., § 1676; Pope's Dig., § 1986; A.S.A. 1947, § 73-108.
Ark. Code Ann. § 23-112-609 — AR Code / Title 23 / Chapter 112 / Subchapter 6 / Section 23-112-609
Issuance of license certificate
Status: in_force

Upon satisfactory submission and verification of a fully executed application as required by § 23-112-607(a) and (b) , payment of the fee provided for by § 23-112-608 , and receipt of the corporate surety bond as required by § 23-112-607(c) , the Department of Arkansas State Police shall issue the applicant a license certificate. Acts 1993, No. 490, § 8.

Upon satisfactory submission and verification of a fully executed application as required by § 23-112-607(a) and (b) , payment of the fee provided for by § 23-112-608 , and receipt of the corporate surety bond as required by § 23-112-607(c) , the Department of Arkansas State Police shall issue the applicant a license certificate.

Acts 1993, No. 490, § 8.
Ark. Code Ann. § 23-81-301 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-301
Title
Status: in_force

This subchapter shall be known as the "Standard Nonforfeiture Law for Individual Deferred Annuities". Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.

This subchapter shall be known as the "Standard Nonforfeiture Law for Individual Deferred Annuities".

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.
Ark. Code Ann. § 23-63-803 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-803
General qualifications
Status: in_force

(a) Without prior written approval of the Insurance Commissioner, no security or investment, other than real and personal property acquired under § 23-63-828 , concerning real estate, shall be eligible for acquisition unless it is interest-bearing, with the accrued interest being paid annually or more frequently than annually, or dividend or income-paying, or is held for income purposes, is not then in default in any respect, and the insurer is entitled to receive for its exclusive account and benefit the interest or income accruing thereon. (b) No provision of this subchapter shall prohibit the acquisition by an insurer of other or additional securities or property if received as a dividend or as a lawful distribution of assets, or under a lawful and bona fide agreement of bulk reinsurance, merger, or consolidation. Any investment so acquired which is not otherwise eligible under this subchapter shall be disposed of pursuant to § 23-63-830 if personal property or securities, or pursuant to § 23-63-829 if real property. Acts 1959, No. 148, § 99; A.S.A. 1947, § 66-2603; Acts 1987, No. 456, § 10; 1993, No. 527, § 6.

(a) Without prior written approval of the Insurance Commissioner, no security or investment, other than real and personal property acquired under § 23-63-828 , concerning real estate, shall be eligible for acquisition unless it is interest-bearing, with the accrued interest being paid annually or more frequently than annually, or dividend or income-paying, or is held for income purposes, is not then in default in any respect, and the insurer is entitled to receive for its exclusive account and benefit the interest or income accruing thereon.

(b) No provision of this subchapter shall prohibit the acquisition by an insurer of other or additional securities or property if received as a dividend or as a lawful distribution of assets, or under a lawful and bona fide agreement of bulk reinsurance, merger, or consolidation. Any investment so acquired which is not otherwise eligible under this subchapter shall be disposed of pursuant to § 23-63-830 if personal property or securities, or pursuant to § 23-63-829 if real property.

Acts 1959, No. 148, § 99; A.S.A. 1947, § 66-2603; Acts 1987, No. 456, § 10; 1993, No. 527, § 6.
Ark. Code Ann. § 23-67-216 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-216
Advisory organizations - Permitted activities
Status: in_force

Any advisory organization, in addition to other activities permitted, is authorized to: (1) Develop statistical plans, including territorial and class definitions; (2) Collect statistical data from members, subscribers, or any other source; (3) Prepare and distribute pure premium data, adjusted for loss development and loss trending, in accordance with its statistical plans; (4) Prepare, distribute, and file rates and supplementary rate information except as prohibited by § 23-67-215(b) . Those filings made by advisory organizations shall be for advisory purposes only and shall not be made on behalf of any insurer; (5) Distribute information that is filed with the Insurance Commissioner and open to public inspection; (6) Conduct research and on-site inspections in order to prepare classifications of public fire defenses; (7) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others; (8) Conduct research and collect statistics in order to discover, identify, and classify information relating to cause or prevention of losses; (9) Prepare and file policy forms and endorsements and consult with members, subscribers, and others relative to their use and application; (10) Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures; (11) Collect, compile, and distribute past and current prices of individual insurers if that information is made available to the general public; (12) File rates, supplementary rate information, and supporting information for residual market mechanisms; and (13) Furnish any other services not prohibited by this chapter. Acts 1987, No. 959, § 13.

Any advisory organization, in addition to other activities permitted, is authorized to:

(1) Develop statistical plans, including territorial and class definitions;

(2) Collect statistical data from members, subscribers, or any other source;

(3) Prepare and distribute pure premium data, adjusted for loss development and loss trending, in accordance with its statistical plans;

(4) Prepare, distribute, and file rates and supplementary rate information except as prohibited by § 23-67-215(b) . Those filings made by advisory organizations shall be for advisory purposes only and shall not be made on behalf of any insurer;

(5) Distribute information that is filed with the Insurance Commissioner and open to public inspection;

(6) Conduct research and on-site inspections in order to prepare classifications of public fire defenses;

(7) Consult with public officials regarding public fire protection as it would affect members, subscribers, and others;

(8) Conduct research and collect statistics in order to discover, identify, and classify information relating to cause or prevention of losses;

(9) Prepare and file policy forms and endorsements and consult with members, subscribers, and others relative to their use and application;

(10) Conduct research and on-site inspections for the purpose of providing risk information relating to individual structures;

(11) Collect, compile, and distribute past and current prices of individual insurers if that information is made available to the general public;

(12) File rates, supplementary rate information, and supporting information for residual market mechanisms; and

(13) Furnish any other services not prohibited by this chapter.

Acts 1987, No. 959, § 13.
Ark. Code Ann. § 23-3-308 — AR Code / Title 23 / Chapter 3 / Subchapter 3 / Section 23-3-308
Statement filed with commission - Attachments and incorporation by reference
Status: in_force

If any offer, request, invitation, merger, or acquisition referred to in § 23-3-306 is proposed to be made by means of a registration statement under the Securities Act of 1933, as amended, including rules and regulations promulgated thereunder, or in circumstances requiring disclosure of similar information under the Securities Exchange Act of 1934, as amended, including rules and regulations promulgated thereunder, or under a state law including rules and regulations promulgated thereunder, requiring similar registration or disclosure, the person required to file the statement referred to in § 23-3-306 may incorporate information contained in the documents filed under the above-mentioned statutes into the statement by attaching the other documents to the statement filed under this subchapter and making specific reference to the information provided by the attached documents. Acts 1985, No. 343, § 4; A.S.A. 1947, § 73-142.4.

If any offer, request, invitation, merger, or acquisition referred to in § 23-3-306 is proposed to be made by means of a registration statement under the Securities Act of 1933, as amended, including rules and regulations promulgated thereunder, or in circumstances requiring disclosure of similar information under the Securities Exchange Act of 1934, as amended, including rules and regulations promulgated thereunder, or under a state law including rules and regulations promulgated thereunder, requiring similar registration or disclosure, the person required to file the statement referred to in § 23-3-306 may incorporate information contained in the documents filed under the above-mentioned statutes into the statement by attaching the other documents to the statement filed under this subchapter and making specific reference to the information provided by the attached documents.

Acts 1985, No. 343, § 4; A.S.A. 1947, § 73-142.4.
Ark. Code Ann. § 23-4-908 — AR Code / Title 23 / Chapter 4 / Subchapter 9 / Section 23-4-908
Authority of commission
Status: in_force

The Arkansas Public Service Commission shall have the authority to investigate and determine the reasonableness of the change in rates and charges of each co-op changing its rates and charges pursuant to this subchapter, within one (1) year of the time of the change in rates and charges. If the commission preliminarily determines that there is substantial evidence indicating that the rates and charges are unreasonable, the commission shall have the authority to apply rate case procedures. After a hearing thereon, the commission shall have the authority to modify all or any portion of the changes found to be unreasonable. If, following the hearing, the commission orders a change in the co-op's rates and charges, the co-op shall not effect a subsequent change in rates and charges pursuant to this subchapter for a period of twelve (12) months from the date of the commission order. Acts 1987, No. 821, § 8.

The Arkansas Public Service Commission shall have the authority to investigate and determine the reasonableness of the change in rates and charges of each co-op changing its rates and charges pursuant to this subchapter, within one (1) year of the time of the change in rates and charges. If the commission preliminarily determines that there is substantial evidence indicating that the rates and charges are unreasonable, the commission shall have the authority to apply rate case procedures. After a hearing thereon, the commission shall have the authority to modify all or any portion of the changes found to be unreasonable. If, following the hearing, the commission orders a change in the co-op's rates and charges, the co-op shall not effect a subsequent change in rates and charges pursuant to this subchapter for a period of twelve (12) months from the date of the commission order.

Acts 1987, No. 821, § 8.
Ark. Code Ann. § 23-10-443 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-443
Shipments of grain
Status: in_force

(a) All persons and corporations owning or operating a railroad in the State of Arkansas are required to furnish cars and equip them with grain-tight doors for shipment of grain in bulk and by the carload. (b) All persons and corporations owning or operating railroads in this state who furnish cars for shipment of grain in bulk and fail to equip them with grain-tight doors as required by subsection (a) of this section shall be liable for all loss of grain by leakage or loss in weight which shall occur after delivery of a carload of bulk grain to the railroad for shipment. Acts 1919, No. 636, §§ 1, 2; C. & M. Dig., §§ 934, 935; Pope's Dig., §§ 1138, 1139; A.S.A. 1947, §§ 73-1337, 73-1338.

(a) All persons and corporations owning or operating a railroad in the State of Arkansas are required to furnish cars and equip them with grain-tight doors for shipment of grain in bulk and by the carload.

(b) All persons and corporations owning or operating railroads in this state who furnish cars for shipment of grain in bulk and fail to equip them with grain-tight doors as required by subsection (a) of this section shall be liable for all loss of grain by leakage or loss in weight which shall occur after delivery of a carload of bulk grain to the railroad for shipment.

Acts 1919, No. 636, §§ 1, 2; C. & M. Dig., §§ 934, 935; Pope's Dig., §§ 1138, 1139; A.S.A. 1947, §§ 73-1337, 73-1338.
Ark. Code Ann. § 23-79-154 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-154
Reimbursement for physician assistant services
Status: in_force

(a) As used in this section, "health plan" means any group, blanket, or individual accident and health insurance policy, contract, or plan issued in this state by an insurance company, a hospital medical service corporation, or a health maintenance organization, provided that nothing in this subchapter shall apply to accident only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policies. (b) A health plan shall not refuse to reimburse a physician at the full rate for healthcare services provided by a physician assistant if the practice complies with the laws of this state. (c) A health plan shall not impose a practice or supervision restriction on a physician assistant that is inconsistent with or more restrictive than the restriction already imposed by the laws of this state. Acts 2007, No. 458, § 1.

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

(b) A health plan shall not refuse to reimburse a physician at the full rate for healthcare services provided by a physician assistant if the practice complies with the laws of this state.

(c) A health plan shall not impose a practice or supervision restriction on a physician assistant that is inconsistent with or more restrictive than the restriction already imposed by the laws of this state.

Acts 2007, No. 458, § 1.
Ark. Code Ann. § 23-112-904 — AR Code / Title 23 / Chapter 112 / Subchapter 9 / Section 23-112-904
Significant positive economic impact determinations
Status: in_force

(a) If the statement of estimated positive economic impact that is submitted to the Arkansas Motor Vehicle Commission establishes that a recreational vehicle special event has a significant positive economic impact, the recreational vehicle special event is exempt from regulation by the commission as provided under § 23-112-905 . (b) If the statement of estimated positive economic impact that is presented to the commission establishes that a recreational vehicle special event will not have a significant positive economic impact, then the commission shall determine whether the recreational vehicle special event is exempt from this chapter and any rules promulgated by the commission. Acts 2011, No. 263, § 1.

(a) If the statement of estimated positive economic impact that is submitted to the Arkansas Motor Vehicle Commission establishes that a recreational vehicle special event has a significant positive economic impact, the recreational vehicle special event is exempt from regulation by the commission as provided under § 23-112-905 .

(b) If the statement of estimated positive economic impact that is presented to the commission establishes that a recreational vehicle special event will not have a significant positive economic impact, then the commission shall determine whether the recreational vehicle special event is exempt from this chapter and any rules promulgated by the commission.

Acts 2011, No. 263, § 1.
Ark. Code Ann. § 23-4-1201 — AR Code / Title 23 / Chapter 4 / Subchapter 12 / Section 23-4-1201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Formula Rate Review Act". Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.

This subchapter shall be known and may be cited as the "Formula Rate Review Act".

Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.
Ark. Code Ann. § 23-46-501 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-501
Call for reports
Status: in_force

The Bank Commissioner shall have power to call for reports from state banks and subsidiary trust companies whenever deemed necessary, in order to obtain a full and complete knowledge of their condition or the status of their reserves, but he or she shall call upon each of them for at least two (2) reports each year. Acts 1997, No. 89, § 1.

The Bank Commissioner shall have power to call for reports from state banks and subsidiary trust companies whenever deemed necessary, in order to obtain a full and complete knowledge of their condition or the status of their reserves, but he or she shall call upon each of them for at least two (2) reports each year.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-113-103 — AR Code / Title 23 / Chapter 113 / Subchapter 1 / Section 23-113-103
Definitions
Status: in_force

As used in this chapter: (1) "Arkansas Greyhound Racing Law" means the Arkansas Greyhound Racing Law, § 23-111-101 et seq.; (2) "Arkansas Horse Racing Law" means the Arkansas Horse Racing Law, § 23-110-101 et seq.; (3) "Commission" means the Arkansas Racing Commission or its successor having jurisdiction over horse racing and greyhound racing in this state; (4) [Repealed.] (5) (A) "Electronic games of skill" means games played through any electronic device or machine that afford an opportunity for the exercise of skill or judgment when the outcome is not completely controlled by chance alone. (B) "Electronic games of skill" does not include pari-mutuel wagering on horse racing and greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether pari-mutuel wagering on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means; (6) "Franchise holder" means any person holding a franchise to conduct horse racing under the Arkansas Horse Racing Law, § 23-110-101 et seq., or greyhound racing under the Arkansas Greyhound Racing Law, § 23-111-101 et seq.; (7) "Net wagering revenues from electronic games of skill" means the gross wagering revenues received by a franchise holder from wagers placed by patrons on electronic games of skill, less amounts paid out or separately reserved under rules of the commission for future pay out to patrons on the wagers; and (8) "Person" means any individual, corporation, partnership, association, trust, or other entity. Amended by Act 2019, No. 910,§ 3517, eff. 7/1/2019. Acts 2005, No. 1151, § 1.

As used in this chapter:

(1) "Arkansas Greyhound Racing Law" means the Arkansas Greyhound Racing Law, § 23-111-101 et seq.;

(2) "Arkansas Horse Racing Law" means the Arkansas Horse Racing Law, § 23-110-101 et seq.;

(3) "Commission" means the Arkansas Racing Commission or its successor having jurisdiction over horse racing and greyhound racing in this state;

(4) [Repealed.]

(5) (A) "Electronic games of skill" means games played through any electronic device or machine that afford an opportunity for the exercise of skill or judgment when the outcome is not completely controlled by chance alone. (B) "Electronic games of skill" does not include pari-mutuel wagering on horse racing and greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether pari-mutuel wagering on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means;

(A) "Electronic games of skill" means games played through any electronic device or machine that afford an opportunity for the exercise of skill or judgment when the outcome is not completely controlled by chance alone.

(B) "Electronic games of skill" does not include pari-mutuel wagering on horse racing and greyhound racing governed by the Arkansas Horse Racing Law, § 23-110-101 et seq., or the Arkansas Greyhound Racing Law, § 23-111-101 et seq., whether pari-mutuel wagering on live racing, simulcast racing, or races conducted in the past and rebroadcast by electronic means;

(6) "Franchise holder" means any person holding a franchise to conduct horse racing under the Arkansas Horse Racing Law, § 23-110-101 et seq., or greyhound racing under the Arkansas Greyhound Racing Law, § 23-111-101 et seq.;

(7) "Net wagering revenues from electronic games of skill" means the gross wagering revenues received by a franchise holder from wagers placed by patrons on electronic games of skill, less amounts paid out or separately reserved under rules of the commission for future pay out to patrons on the wagers; and

(8) "Person" means any individual, corporation, partnership, association, trust, or other entity.

Amended by Act 2019, No. 910,§ 3517, eff. 7/1/2019.

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-99-420 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-420
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1106,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 992,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 992,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 338,§ 1, eff. 8/16/2013. Acts 2011, No. 1155, § 1.

Repealed by Act 2015, No. 1106,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 992,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 992,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 338,§ 1, eff. 8/16/2013.

Acts 2011, No. 1155, § 1.
Ark. Code Ann. § 23-15-101 — AR Code / Title 23 / Chapter 15 / Subchapter 1 / Section 23-15-101
Common carriers - Eminent domain
Status: in_force

(a) All pipeline companies operating in this state are given the right of eminent domain and are declared to be common carriers, except pipelines operated for conveying natural gas for public utility service. (b) The procedure to be followed in the exercise of the right shall be the same as prescribed in § 18-15-1201 et seq. relating to railroad companies, telegraph companies, and telephone companies. Acts 1921, No. 239, §§ 1, 2; Pope's Dig., §§ 5081, 5082; A.S.A. 1947, § 73-1901, 73-1902.

(a) All pipeline companies operating in this state are given the right of eminent domain and are declared to be common carriers, except pipelines operated for conveying natural gas for public utility service.

(b) The procedure to be followed in the exercise of the right shall be the same as prescribed in § 18-15-1201 et seq. relating to railroad companies, telegraph companies, and telephone companies.

Acts 1921, No. 239, §§ 1, 2; Pope's Dig., §§ 5081, 5082; A.S.A. 1947, § 73-1901, 73-1902.
Ark. Code Ann. § 23-99-1404 — AR Code / Title 23 / Chapter 99 / Subchapter 14 / Section 23-99-1404
Healthcare contract - Good-faith cooperation
Status: in_force

(a) A healthcare insurer shall cooperate in good faith with a temporary hospital facility in timely executing a healthcare contract. (b) A healthcare insurer shall cooperate in good faith as required in subsection (a) of this section by timely offering a temporary hospital facility a healthcare contract that is reflective of the healthcare insurer's standard and reasonable terms and conditions, including without limitation rates of reimbursement. (c) A healthcare contract shall be effective as of the date the temporary hospital facility is licensed as a hospital by the Department of Health. (d) The time period for a healthcare insurer to respond as stated in § 23-99-411 does not apply if the request for a healthcare contract is made by a temporary hospital facility. Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.

(a) A healthcare insurer shall cooperate in good faith with a temporary hospital facility in timely executing a healthcare contract.

(b) A healthcare insurer shall cooperate in good faith as required in subsection (a) of this section by timely offering a temporary hospital facility a healthcare contract that is reflective of the healthcare insurer's standard and reasonable terms and conditions, including without limitation rates of reimbursement.

(c) A healthcare contract shall be effective as of the date the temporary hospital facility is licensed as a hospital by the Department of Health.

(d) The time period for a healthcare insurer to respond as stated in § 23-99-411 does not apply if the request for a healthcare contract is made by a temporary hospital facility.

Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-12-904 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-904
Personal injury, property damage, or death - Contributory negligence no complete defense
Status: in_force

In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negligence of the officers, agents, servants, or employees of the railroad causing the injury, damage, or death complained of. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to the contributory negligence. Acts 1961 (1st Ex. Sess.), No. 61, § 5; A.S.A. 1947, § 73-1004.

In all suits against railroads for personal injury, property damage, or death caused by the running of trains in this state, contributory negligence shall not prevent a recovery where the negligence of the person so injured, damaged, or killed is of a lesser degree than the negligence of the officers, agents, servants, or employees of the railroad causing the injury, damage, or death complained of. However, where contributory negligence is shown on the part of the person injured, damaged, or killed, the amount of the recovery shall be diminished in proportion to the contributory negligence.

Acts 1961 (1st Ex. Sess.), No. 61, § 5; A.S.A. 1947, § 73-1004.
Ark. Code Ann. § 23-18-405 — AR Code / Title 23 / Chapter 18 / Subchapter 4 / Section 23-18-405
Damages for land taken - Assessment by court
Status: in_force

In case any person or corporation building any dam shall not agree with the owners of any lands used for the purpose of the dam or flooded thereby, the court shall assess the damages for the land flooded or taken and also the consequential damages to any lands necessary to the use of the lands taken or flooded and owned by the parties whose lands are taken and flooded. Acts 1927, No. 121, § 7; Pope's Dig., § 14479; A.S.A. 1947, § 73-2007.

In case any person or corporation building any dam shall not agree with the owners of any lands used for the purpose of the dam or flooded thereby, the court shall assess the damages for the land flooded or taken and also the consequential damages to any lands necessary to the use of the lands taken or flooded and owned by the parties whose lands are taken and flooded.

Acts 1927, No. 121, § 7; Pope's Dig., § 14479; A.S.A. 1947, § 73-2007.
Ark. Code Ann. § 23-48-106 — AR Code / Title 23 / Chapter 48 / Subchapter 1 / Section 23-48-106
Exemption from posting bond in certain transactions
Status: in_force

(a) Except when the dollar amount of responsibility assumed exceeds its capital base, no bank chartered or licensed to do business in this state shall be required to furnish fidelity, surety, or performance bond, in business transactions involving: (1) Garnishment; (2) Replevin; (3) Foreclosure; or (4) Forcible entry and detainer. (b) At the beginning of any proceeding in all such business transactions, the bank shall, upon request, furnish to each party to the transaction a copy of its most recent statement of financial condition. (c) Nothing in this section shall be construed to: (1) Prevent a bank from electing or agreeing to furnish bond at its own cost; (2) Prevent any other party of interest desiring protection in a business transaction with a bank from electing to secure and pay for a bond covering the bank to the benefit of the party to the transaction; or (3) Amend or repeal any law pertaining to: (A) Corporate surety or indemnity bonds covering directors, officers, or employees of the bank; (B) Foreign corporations, associations, or persons not authorized to do business in this state; (C) Actions available against the bank for injury or damage; or (D) Bonding requirements involving fiduciary activities. Acts 1997, No. 89, § 1.

(a) Except when the dollar amount of responsibility assumed exceeds its capital base, no bank chartered or licensed to do business in this state shall be required to furnish fidelity, surety, or performance bond, in business transactions involving: (1) Garnishment; (2) Replevin; (3) Foreclosure; or (4) Forcible entry and detainer.

(1) Garnishment;

(2) Replevin;

(3) Foreclosure; or

(4) Forcible entry and detainer.

(b) At the beginning of any proceeding in all such business transactions, the bank shall, upon request, furnish to each party to the transaction a copy of its most recent statement of financial condition.

(c) Nothing in this section shall be construed to: (1) Prevent a bank from electing or agreeing to furnish bond at its own cost; (2) Prevent any other party of interest desiring protection in a business transaction with a bank from electing to secure and pay for a bond covering the bank to the benefit of the party to the transaction; or (3) Amend or repeal any law pertaining to: (A) Corporate surety or indemnity bonds covering directors, officers, or employees of the bank; (B) Foreign corporations, associations, or persons not authorized to do business in this state; (C) Actions available against the bank for injury or damage; or (D) Bonding requirements involving fiduciary activities.

(1) Prevent a bank from electing or agreeing to furnish bond at its own cost;

(2) Prevent any other party of interest desiring protection in a business transaction with a bank from electing to secure and pay for a bond covering the bank to the benefit of the party to the transaction; or

(3) Amend or repeal any law pertaining to: (A) Corporate surety or indemnity bonds covering directors, officers, or employees of the bank; (B) Foreign corporations, associations, or persons not authorized to do business in this state; (C) Actions available against the bank for injury or damage; or (D) Bonding requirements involving fiduciary activities.

(A) Corporate surety or indemnity bonds covering directors, officers, or employees of the bank;

(B) Foreign corporations, associations, or persons not authorized to do business in this state;

(C) Actions available against the bank for injury or damage; or

(D) Bonding requirements involving fiduciary activities.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-48-406 — AR Code / Title 23 / Chapter 48 / Subchapter 4 / Section 23-48-406
Acquisition of bank stock or assets - Limitations
Status: in_force

(a) A bank holding company is prohibited from acquiring ownership or control of the stock or the assets of any bank that has its main office or any branch office in Arkansas, if, after giving effect to the acquisition of the stock or the assets of that bank, the acquiring bank holding company would own or control, directly or indirectly, banks having in the aggregate more than twenty-five percent (25%) of the total deposits within the State of Arkansas held by banks. (b) (1) Determinations of the percentage of total deposits required by subsection (a) of this section shall be made as of the date of acquisition of the stock or assets. (2) The determinations shall be made with reference to the average total deposits of the respective banks as reflected on their quarterly financial reports for the four (4) fiscal quarters immediately preceding the date of acquisition as filed with the Federal Deposit Insurance Corporation, or its successor, or if the deposits of the bank are not insured by the Federal Deposit Insurance Corporation, then as filed with the State Bank Department, or its successor. (c) For the purpose of this section, the term "deposits" shall include, without limitation, all demand, savings, time, certificates of deposit, and other similar depository accounts of any person, but shall not include depository accounts of banks or public funds. (d) (1) Nothing in this section is intended to prevent any bank holding company domiciled in the State of Arkansas from acquiring ownership or control of banks domiciled outside the State of Arkansas if applicable state or federal laws permit the Arkansas bank holding company to do so. (2) However, except as permitted by applicable federal law or specifically authorized by this subchapter, no bank holding company domiciled outside the State of Arkansas shall be authorized to acquire direct or indirect control of a bank domiciled within the State of Arkansas. Acts 1997, No. 89, § 1; 1997, No. 408, § 11.

(a) A bank holding company is prohibited from acquiring ownership or control of the stock or the assets of any bank that has its main office or any branch office in Arkansas, if, after giving effect to the acquisition of the stock or the assets of that bank, the acquiring bank holding company would own or control, directly or indirectly, banks having in the aggregate more than twenty-five percent (25%) of the total deposits within the State of Arkansas held by banks.

(b) (1) Determinations of the percentage of total deposits required by subsection (a) of this section shall be made as of the date of acquisition of the stock or assets. (2) The determinations shall be made with reference to the average total deposits of the respective banks as reflected on their quarterly financial reports for the four (4) fiscal quarters immediately preceding the date of acquisition as filed with the Federal Deposit Insurance Corporation, or its successor, or if the deposits of the bank are not insured by the Federal Deposit Insurance Corporation, then as filed with the State Bank Department, or its successor.

(1) Determinations of the percentage of total deposits required by subsection (a) of this section shall be made as of the date of acquisition of the stock or assets.

(2) The determinations shall be made with reference to the average total deposits of the respective banks as reflected on their quarterly financial reports for the four (4) fiscal quarters immediately preceding the date of acquisition as filed with the Federal Deposit Insurance Corporation, or its successor, or if the deposits of the bank are not insured by the Federal Deposit Insurance Corporation, then as filed with the State Bank Department, or its successor.

(c) For the purpose of this section, the term "deposits" shall include, without limitation, all demand, savings, time, certificates of deposit, and other similar depository accounts of any person, but shall not include depository accounts of banks or public funds.

(d) (1) Nothing in this section is intended to prevent any bank holding company domiciled in the State of Arkansas from acquiring ownership or control of banks domiciled outside the State of Arkansas if applicable state or federal laws permit the Arkansas bank holding company to do so. (2) However, except as permitted by applicable federal law or specifically authorized by this subchapter, no bank holding company domiciled outside the State of Arkansas shall be authorized to acquire direct or indirect control of a bank domiciled within the State of Arkansas.

(1) Nothing in this section is intended to prevent any bank holding company domiciled in the State of Arkansas from acquiring ownership or control of banks domiciled outside the State of Arkansas if applicable state or federal laws permit the Arkansas bank holding company to do so.

(2) However, except as permitted by applicable federal law or specifically authorized by this subchapter, no bank holding company domiciled outside the State of Arkansas shall be authorized to acquire direct or indirect control of a bank domiciled within the State of Arkansas.

Acts 1997, No. 89, § 1; 1997, No. 408, § 11.
Ark. Code Ann. § 23-3-114 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-114
Unreasonable preferences prohibited
Status: in_force

(a) (1) As to rates or services, no public utility shall make or grant any unreasonable preference or advantage to any corporation or person or subject any corporation or person to any unreasonable prejudice or disadvantage. (2) No public utility shall establish or maintain any unreasonable difference as to rates or services, either as between localities or as between classes of service. (b) The commission, in the exercise of its jurisdiction granted by this act, may fix uniform rates applicable throughout the territory served by any public utility whenever in its judgment public interest requires such uniform rates. (c) The commission may determine any question or fact arising under this section. Acts 1935, No. 324, § 13; Pope's Dig., § 2076; A.S.A. 1947, § 73-207.

(a) (1) As to rates or services, no public utility shall make or grant any unreasonable preference or advantage to any corporation or person or subject any corporation or person to any unreasonable prejudice or disadvantage. (2) No public utility shall establish or maintain any unreasonable difference as to rates or services, either as between localities or as between classes of service.

(1) As to rates or services, no public utility shall make or grant any unreasonable preference or advantage to any corporation or person or subject any corporation or person to any unreasonable prejudice or disadvantage.

(2) No public utility shall establish or maintain any unreasonable difference as to rates or services, either as between localities or as between classes of service.

(b) The commission, in the exercise of its jurisdiction granted by this act, may fix uniform rates applicable throughout the territory served by any public utility whenever in its judgment public interest requires such uniform rates.

(c) The commission may determine any question or fact arising under this section.

Acts 1935, No. 324, § 13; Pope's Dig., § 2076; A.S.A. 1947, § 73-207.
Ark. Code Ann. § 23-63-208 — AR Code / Title 23 / Chapter 63 / Subchapter 2 / Section 23-63-208
Certificate of authority - Eligibility - Lloyd's plan insurers
Status: in_force

(a) Foreign Lloyd's plan insurers that held certificates of authority to transact insurance in this state immediately prior to January 1, 1960, may continue to be so authorized while maintaining surplus as required under § 23-63-205(b) of foreign mutual insurers transacting like kinds of insurance and while otherwise in compliance with the Arkansas Insurance Code. (b) (1) Any other foreign or alien Lloyd's plan insurer may hereafter be authorized to transact in this state any or all kinds of insurance other than life, title, or surety insurance while otherwise in compliance with the Arkansas Insurance Code. (2) However, alien Lloyd's plan insurers may only be authorized to transact insurance in this state under subdivision (b)(1) of this section if the alien Lloyd's plan insurer maintains trusteed assets within the United States for the protection of its United States policyholders or policyholders and creditors, under trust arrangements and with a trust institution satisfactory to the Insurance Commissioner, of not less than five million dollars ($5,000,000), and of which at least one million dollars ($1,000,000) represents an excess of such assets over the liabilities of the alien insurer as to its insurance transactions in the United States. Acts 1959, No. 148, § 52; A.S.A. 1947, § 66-2210; Acts 2003, No. 65, § 1.

(a) Foreign Lloyd's plan insurers that held certificates of authority to transact insurance in this state immediately prior to January 1, 1960, may continue to be so authorized while maintaining surplus as required under § 23-63-205(b) of foreign mutual insurers transacting like kinds of insurance and while otherwise in compliance with the Arkansas Insurance Code.

(b) (1) Any other foreign or alien Lloyd's plan insurer may hereafter be authorized to transact in this state any or all kinds of insurance other than life, title, or surety insurance while otherwise in compliance with the Arkansas Insurance Code. (2) However, alien Lloyd's plan insurers may only be authorized to transact insurance in this state under subdivision (b)(1) of this section if the alien Lloyd's plan insurer maintains trusteed assets within the United States for the protection of its United States policyholders or policyholders and creditors, under trust arrangements and with a trust institution satisfactory to the Insurance Commissioner, of not less than five million dollars ($5,000,000), and of which at least one million dollars ($1,000,000) represents an excess of such assets over the liabilities of the alien insurer as to its insurance transactions in the United States.

(1) Any other foreign or alien Lloyd's plan insurer may hereafter be authorized to transact in this state any or all kinds of insurance other than life, title, or surety insurance while otherwise in compliance with the Arkansas Insurance Code.

(2) However, alien Lloyd's plan insurers may only be authorized to transact insurance in this state under subdivision (b)(1) of this section if the alien Lloyd's plan insurer maintains trusteed assets within the United States for the protection of its United States policyholders or policyholders and creditors, under trust arrangements and with a trust institution satisfactory to the Insurance Commissioner, of not less than five million dollars ($5,000,000), and of which at least one million dollars ($1,000,000) represents an excess of such assets over the liabilities of the alien insurer as to its insurance transactions in the United States.

Acts 1959, No. 148, § 52; A.S.A. 1947, § 66-2210; Acts 2003, No. 65, § 1.
Ark. Code Ann. § 23-18-702 — AR Code / Title 23 / Chapter 18 / Subchapter 7 / Section 23-18-702
Public utilities required to consider clean energy resources
Status: in_force

All electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission shall consider clean energy and the use of renewable resources as part of any resource plan or natural gas procurement plan. Acts 2007, No. 755, § 1; 2011, No. 735, § 2.

All electric and natural gas public utilities subject to the jurisdiction of the Arkansas Public Service Commission shall consider clean energy and the use of renewable resources as part of any resource plan or natural gas procurement plan.

Acts 2007, No. 755, § 1; 2011, No. 735, § 2.
Ark. Code Ann. § 23-4-608 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-608
Penalties for violations of sections 23-4-606 and 23-4-607 - Actions to recover penalties
Status: in_force

(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of §§ 23-4-606 and 23-4-607 , or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department, and for which there is no other penalty prescribed in §§ 23-4-606 and 23-4-607 , then the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-4-606 and 23-4-607 , or such tariff of charges or rules and regulations. (b) (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur. (2) (A) The department shall institute that action and actions for the recovery of the penalties prescribed in §§ 23-4-606 and 23-4-607 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere. (3) No action for the recovery of penalties shall be dismissed or compromised without the consent of the court and of the department. (c) In all trials of cases brought for a violation of any tariff charges by the department, it may be shown in defense that the tariff so fixed was unjust. (d) Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law. Amended by Act 2017, No. 707,§ 114, eff. 8/1/2017. Acts 1903, No. 130, § 5, p. 218; A.S.A. 1947, §§ 73-1414, 73-1414n.

(a) If any person or corporation operating a railroad or express company in this state, or any receiver, trustee, or lessee of any such person or corporation, violates any of the provisions of §§ 23-4-606 and 23-4-607 , or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department, and for which there is no other penalty prescribed in §§ 23-4-606 and 23-4-607 , then the person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-4-606 and 23-4-607 , or such tariff of charges or rules and regulations.

(b) (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur. (2) (A) The department shall institute that action and actions for the recovery of the penalties prescribed in §§ 23-4-606 and 23-4-607 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere. (3) No action for the recovery of penalties shall be dismissed or compromised without the consent of the court and of the department.

(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which the violation may occur.

(2) (A) The department shall institute that action and actions for the recovery of the penalties prescribed in §§ 23-4-606 and 23-4-607 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.

(A) The department shall institute that action and actions for the recovery of the penalties prescribed in §§ 23-4-606 and 23-4-607 through the prosecuting attorney of the proper district.

(B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.

(C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. In such a case, the prosecuting attorney shall not interfere.

(3) No action for the recovery of penalties shall be dismissed or compromised without the consent of the court and of the department.

(c) In all trials of cases brought for a violation of any tariff charges by the department, it may be shown in defense that the tariff so fixed was unjust.

(d) Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law.

Amended by Act 2017, No. 707,§ 114, eff. 8/1/2017.

Acts 1903, No. 130, § 5, p. 218; A.S.A. 1947, §§ 73-1414, 73-1414n.
Ark. Code Ann. § 23-82-116 — AR Code / Title 23 / Chapter 82 / Section 23-82-116
Conversion provision
Status: in_force

(a) There may be a provision in the case of industrial policies granting to the insured, upon proper written request and upon presentation of evidence of insurability satisfactory to the insurer, the privilege of converting any industrial insurance policy to any form of life insurance with less frequent premium payments regularly issued by the insurer, in accordance with terms and conditions agreed upon with the insurer. (b) The privilege of making the conversion need be granted only if the insurer's industrial policies on the life insured, in force as premium paying insurance and on which conversion is requested, grant benefits in event of death, exclusive of additional accidental death benefits and exclusive of any dividend additions, in an amount not less than the minimum amount of the insurance with less frequent premium payments issued by the insurer at the age of the insured on the plan of industrial or ordinary insurance desired. Acts 1959, No. 148, § 360; A.S.A. 1947, § 66-3415.

(a) There may be a provision in the case of industrial policies granting to the insured, upon proper written request and upon presentation of evidence of insurability satisfactory to the insurer, the privilege of converting any industrial insurance policy to any form of life insurance with less frequent premium payments regularly issued by the insurer, in accordance with terms and conditions agreed upon with the insurer.

(b) The privilege of making the conversion need be granted only if the insurer's industrial policies on the life insured, in force as premium paying insurance and on which conversion is requested, grant benefits in event of death, exclusive of additional accidental death benefits and exclusive of any dividend additions, in an amount not less than the minimum amount of the insurance with less frequent premium payments issued by the insurer at the age of the insured on the plan of industrial or ordinary insurance desired.

Acts 1959, No. 148, § 360; A.S.A. 1947, § 66-3415.
Ark. Code Ann. § 23-67-501 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-501
Applicability
Status: in_force

(a) The provisions of this subchapter shall be applicable to malpractice insurance as defined in § 23-62-105(a)(10) except officers' and directors' liability and fiduciary insurance. (b) Section 23-67-208 shall not apply to malpractice insurance. Acts 2005, No. 1697, § 19.

(a) The provisions of this subchapter shall be applicable to malpractice insurance as defined in § 23-62-105(a)(10) except officers' and directors' liability and fiduciary insurance.

(b) Section 23-67-208 shall not apply to malpractice insurance.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-88-203 — AR Code / Title 23 / Chapter 88 / Subchapter 2 / Section 23-88-203
Issuance of policy or renewal of contract prior to July 4, 1983
Status: in_force

(a) "Insurance policy" and "contract" shall not be construed to mean a property insurance policy issued prior to July 4, 1983, or contract that is being renewed. (b) However, assignment of the insurance policy or contract because of the transfer of a major financial interest in the insured real property shall require completion of an antiarson application if otherwise required by this subchapter. Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.

(a) "Insurance policy" and "contract" shall not be construed to mean a property insurance policy issued prior to July 4, 1983, or contract that is being renewed.

(b) However, assignment of the insurance policy or contract because of the transfer of a major financial interest in the insured real property shall require completion of an antiarson application if otherwise required by this subchapter.

Acts 1983, No. 359, § 2; A.S.A. 1947, § 66-5607.
Ark. Code Ann. § 23-64-207 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-207
Scope of broker's license and authority and insurance consultant's license
Status: in_force

(a) The Insurance Commissioner shall not issue a broker's license limited to particular lines of insurance. (b) (1) A broker, as such, is not an agent or other representative of an insurer and does not have power by his or her own acts to obligate the insurer upon any risk or with reference to any insurance transaction unless, and to the extent, he or she has received refunded premiums from the insurer on behalf of the insured. (2) An insurer or agent shall have the right to pay to a broker licensed under this chapter the customary commissions upon insurance placed through the broker. (c) A license as a consultant may cover: (1) Life and disability; (2) Property and casualty which includes surety and marine; or (3) Both subdivisions (c)(1) and (2) of this section. Acts 1959, No. 148, §§ 162, 164; A.S.A. 1947, §§ 66-2819, 66-2821; Acts 1987, No. 622, § 10; 1997, No. 1004, § 1; 2001, No. 580, § 11.

(a) The Insurance Commissioner shall not issue a broker's license limited to particular lines of insurance.

(b) (1) A broker, as such, is not an agent or other representative of an insurer and does not have power by his or her own acts to obligate the insurer upon any risk or with reference to any insurance transaction unless, and to the extent, he or she has received refunded premiums from the insurer on behalf of the insured. (2) An insurer or agent shall have the right to pay to a broker licensed under this chapter the customary commissions upon insurance placed through the broker.

(1) A broker, as such, is not an agent or other representative of an insurer and does not have power by his or her own acts to obligate the insurer upon any risk or with reference to any insurance transaction unless, and to the extent, he or she has received refunded premiums from the insurer on behalf of the insured.

(2) An insurer or agent shall have the right to pay to a broker licensed under this chapter the customary commissions upon insurance placed through the broker.

(c) A license as a consultant may cover: (1) Life and disability; (2) Property and casualty which includes surety and marine; or (3) Both subdivisions (c)(1) and (2) of this section.

(1) Life and disability;

(2) Property and casualty which includes surety and marine; or

(3) Both subdivisions (c)(1) and (2) of this section.

Acts 1959, No. 148, §§ 162, 164; A.S.A. 1947, §§ 66-2819, 66-2821; Acts 1987, No. 622, § 10; 1997, No. 1004, § 1; 2001, No. 580, § 11.
Ark. Code Ann. § 23-67-308 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-308
Failure of insurer to comply
Status: in_force

If any insurer refuses or neglects to comply with the provisions of this subchapter or with any order or ruling made by the Insurance Commissioner pursuant to this subchapter, the insurer shall be subject to the administrative penalties provided for in the Arkansas Insurance Code. Acts 1991, No. 561, § 1.

If any insurer refuses or neglects to comply with the provisions of this subchapter or with any order or ruling made by the Insurance Commissioner pursuant to this subchapter, the insurer shall be subject to the administrative penalties provided for in the Arkansas Insurance Code.

Acts 1991, No. 561, § 1.
Ark. Code Ann. § 23-78-108 — AR Code / Title 23 / Chapter 78 / Section 23-78-108
[Repealed]
Status: repealed

Repealed by Act 2017, No. 788,§ 73, eff. 7/1/2018. Amended by Act 2015, No. 1030,§ 1, eff. 7/22/2015. Acts 1953, No. 91, §§ 5, 24; A.S.A. 1947, §§ 66-1805, 66-1824; Acts 1987, No. 443, § 2.

Repealed by Act 2017, No. 788,§ 73, eff. 7/1/2018.

Amended by Act 2015, No. 1030,§ 1, eff. 7/22/2015.

Acts 1953, No. 91, §§ 5, 24; A.S.A. 1947, §§ 66-1805, 66-1824; Acts 1987, No. 443, § 2.
Ark. Code Ann. § 23-63-1511 — AR Code / Title 23 / Chapter 63 / Subchapter 15 / Section 23-63-1511
Immunity
Status: in_force

There shall be no liability by and no cause of action shall arise against the Insurance Commissioner or the State Insurance Department or its employees or agents for any action taken by them in the performance of their powers and duties under this subchapter. Acts 1999, No. 580, § 11; 2011, No. 760, § 5.

There shall be no liability by and no cause of action shall arise against the Insurance Commissioner or the State Insurance Department or its employees or agents for any action taken by them in the performance of their powers and duties under this subchapter.

Acts 1999, No. 580, § 11; 2011, No. 760, § 5.
Ark. Code Ann. § 23-81-313 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-313
Rules
Status: in_force

The Insurance Commissioner may adopt rules to implement the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2730, eff. 7/24/2019. Acts 2005, No. 506, § 43.

The Insurance Commissioner may adopt rules to implement the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 2730, eff. 7/24/2019.

Acts 2005, No. 506, § 43.
Ark. Code Ann. § 23-78-125 — AR Code / Title 23 / Chapter 78 / Section 23-78-125
Revocation of certificate, license, charter, etc. - Appeal
Status: in_force

(a) Upon the revocation of a certificate of authority, charter, or other authority by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under any of the provisions of this chapter, the association or person whose certificate of authority, charter, license, or other authority has been revoked may appeal from the action of the board revoking the certificate of authority, charter, or other authority to the circuit court of the county in which the burial association may be located. (b) Appeals shall be made in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Amended by Act 2017, No. 788,§ 90, eff. 7/1/2018. Acts 1953, No. 91, § 21; 1981, No. 360, § 5; A.S.A. 1947, § 66-1821; Acts 2011, No. 875, § 5.

(a) Upon the revocation of a certificate of authority, charter, or other authority by the State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services under any of the provisions of this chapter, the association or person whose certificate of authority, charter, license, or other authority has been revoked may appeal from the action of the board revoking the certificate of authority, charter, or other authority to the circuit court of the county in which the burial association may be located.

(b) Appeals shall be made in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Amended by Act 2017, No. 788,§ 90, eff. 7/1/2018.

Acts 1953, No. 91, § 21; 1981, No. 360, § 5; A.S.A. 1947, § 66-1821; Acts 2011, No. 875, § 5.
Ark. Code Ann. § 23-73-101 — AR Code / Title 23 / Chapter 73 / Section 23-73-101
Definition
Status: in_force

As used in this chapter, unless the context otherwise requires, "farmer" means a farm tenant or any person who owns or cultivates or superintends the cultivation of a farm. Acts 1959, No. 148, § 581; A.S.A. 1947, § 66-4603; Acts 1997, No. 774, § 1.

As used in this chapter, unless the context otherwise requires, "farmer" means a farm tenant or any person who owns or cultivates or superintends the cultivation of a farm.

Acts 1959, No. 148, § 581; A.S.A. 1947, § 66-4603; Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-18-103 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-103
Purchase of electricity from affiliated company - Definitions
Status: in_force

(a) As used in this section: (1) "Affiliated company" means any business entity which is owned wholly or partly by an electric utility or which wholly or partly owns an electric utility, or any business entity which is owned by another business entity which wholly or partly owns an electric utility; and (2) "Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission. (b) Without the prior approval of the commission, no electric utility shall enter into any agreement for the purchase of electricity from an affiliated company. (c) Any agreement entered into in violation of this section shall be void. (d) The commission shall promulgate such rules as are necessary to implement this section. (e) This section shall apply to agreements entered into on or after June 28, 1985. Amended by Act 2019, No. 315,§ 2471, eff. 7/24/2019. Acts 1985, No. 173, §§ 1-5; A.S.A. 1947, §§ 73-278 -- 73-278.4; Acts 1999, No. 1556, § 7; 2001, No. 324, §§ 3, 4; 2003, No. 204, § 4.

(a) As used in this section: (1) "Affiliated company" means any business entity which is owned wholly or partly by an electric utility or which wholly or partly owns an electric utility, or any business entity which is owned by another business entity which wholly or partly owns an electric utility; and (2) "Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission.

(1) "Affiliated company" means any business entity which is owned wholly or partly by an electric utility or which wholly or partly owns an electric utility, or any business entity which is owned by another business entity which wholly or partly owns an electric utility; and

(2) "Electric utility" means an electric utility subject to the jurisdiction of the Arkansas Public Service Commission.

(b) Without the prior approval of the commission, no electric utility shall enter into any agreement for the purchase of electricity from an affiliated company.

(c) Any agreement entered into in violation of this section shall be void.

(d) The commission shall promulgate such rules as are necessary to implement this section.

(e) This section shall apply to agreements entered into on or after June 28, 1985.

Amended by Act 2019, No. 315,§ 2471, eff. 7/24/2019.

Acts 1985, No. 173, §§ 1-5; A.S.A. 1947, §§ 73-278 -- 73-278.4; Acts 1999, No. 1556, § 7; 2001, No. 324, §§ 3, 4; 2003, No. 204, § 4.
Ark. Code Ann. § 23-2-108 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-108
Costs of operation and maintenance
Status: in_force

(a) All costs of operation and maintenance of the Arkansas Public Service Commission shall be paid by vouchered warrants drawn against the General Revenue Fund Account of the State Apportionment Fund in the State Treasury from appropriations made for these purposes by the General Assembly. (b) (1) The commission shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with matters relating to the regulation of public utilities, such costs hereafter referred to as "utilities costs". (2) In a similar manner, that officer or employee shall keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with all matters other than those relating to the regulation of public utilities. Acts 1945, No. 40, § 3; A.S.A. 1947, §§ 73-107, 73-111.

(a) All costs of operation and maintenance of the Arkansas Public Service Commission shall be paid by vouchered warrants drawn against the General Revenue Fund Account of the State Apportionment Fund in the State Treasury from appropriations made for these purposes by the General Assembly.

(b) (1) The commission shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with matters relating to the regulation of public utilities, such costs hereafter referred to as "utilities costs". (2) In a similar manner, that officer or employee shall keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with all matters other than those relating to the regulation of public utilities.

(1) The commission shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with matters relating to the regulation of public utilities, such costs hereafter referred to as "utilities costs".

(2) In a similar manner, that officer or employee shall keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with all matters other than those relating to the regulation of public utilities.

Acts 1945, No. 40, § 3; A.S.A. 1947, §§ 73-107, 73-111.
Ark. Code Ann. § 23-63-810 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-810
Improvement district obligations
Status: in_force

(a) An insurer may invest in bonds, notes, or evidences of indebtedness issued by any local improvement district in this or any other state to finance local improvements authorized by law if the principal and interest of the obligations is payable from assessments on real property within the local improvement district. (b) No investment shall be made if the face value of all obligations, together with all similar obligations of the improvement district outstanding, exceeds fifty percent (50%) of the market value of the real property and improvements upon which the bonds or the assessments for the payment of principal and interest thereon are liens inferior only to the liens for general ad valorem property taxes. (c) No investment shall be made unless no default in payment of principal or interest on the obligations to be purchased has occurred within five (5) years of the date of investment therein, or, if the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on any of the obligations of the issuer within five (5) years of the investment. Acts 1959, No. 148, § 106; A.S.A. 1947, § 66-2610.

(a) An insurer may invest in bonds, notes, or evidences of indebtedness issued by any local improvement district in this or any other state to finance local improvements authorized by law if the principal and interest of the obligations is payable from assessments on real property within the local improvement district.

(b) No investment shall be made if the face value of all obligations, together with all similar obligations of the improvement district outstanding, exceeds fifty percent (50%) of the market value of the real property and improvements upon which the bonds or the assessments for the payment of principal and interest thereon are liens inferior only to the liens for general ad valorem property taxes.

(c) No investment shall be made unless no default in payment of principal or interest on the obligations to be purchased has occurred within five (5) years of the date of investment therein, or, if the obligations were issued less than five (5) years prior to the date of investment, no default in payment of principal or interest has occurred on any of the obligations of the issuer within five (5) years of the investment.

Acts 1959, No. 148, § 106; A.S.A. 1947, § 66-2610.
Ark. Code Ann. § 23-66-201 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-201
Title
Status: in_force

This subchapter may be referred to as the "Trade Practices Act". Acts 1959, No. 148, § 208; A.S.A. 1947, § 66-3001.

This subchapter may be referred to as the "Trade Practices Act".

Acts 1959, No. 148, § 208; A.S.A. 1947, § 66-3001.
Ark. Code Ann. § 23-11-503 — AR Code / Title 23 / Chapter 11 / Subchapter 5 / Section 23-11-503
Forfeited lands revert to state
Status: in_force

All lands forfeited under the provisions of this section and §§ 23-11-502 and 23-11-505 shall revert to and belong to the State of Arkansas and shall be sold as other lands. Acts 1883, No. 26, § 4, p. 47; C. & M. Dig., § 8458; Pope's Dig., § 11032; A.S.A. 1947, § 73-506.

All lands forfeited under the provisions of this section and §§ 23-11-502 and 23-11-505 shall revert to and belong to the State of Arkansas and shall be sold as other lands.

Acts 1883, No. 26, § 4, p. 47; C. & M. Dig., § 8458; Pope's Dig., § 11032; A.S.A. 1947, § 73-506.
Ark. Code Ann. § 23-115-904 — AR Code / Title 23 / Chapter 115 / Subchapter 9 / Section 23-115-904
Inconsistent statutes inapplicable
Status: in_force

(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in lotteries. (b) A person is not guilty of any criminal offense set forth in § 5-66-101 et seq. or any other law relating to illegal gambling to the extent the person relied on any rule, order, finding, or other determination by the Arkansas Lottery Commission [abolished] or the Office of the Arkansas Lottery that the activity was authorized by this chapter during the time that the rule, order, finding, or other determination was in effect. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in lotteries.

(b) A person is not guilty of any criminal offense set forth in § 5-66-101 et seq. or any other law relating to illegal gambling to the extent the person relied on any rule, order, finding, or other determination by the Arkansas Lottery Commission [abolished] or the Office of the Arkansas Lottery that the activity was authorized by this chapter during the time that the rule, order, finding, or other determination was in effect.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-113-602 — AR Code / Title 23 / Chapter 113 / Subchapter 6 / Section 23-113-602
Inconsistent statutes inapplicable
Status: in_force

(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in operating electronic games of skill or wagering thereon as authorized by this chapter. (b) No person shall be guilty of any criminal offense set forth in § 5-66-101 et seq. or any other law relating to illegal gambling to the extent the person relied on any rule, order, finding, or other determination by the Arkansas Racing Commission that the activity was authorized by this chapter. Acts 2005, No. 1151, § 1.

(a) Section 5-66-101 et seq. and all other laws and parts of laws inconsistent with any of the provisions of this chapter are expressly declared not to apply to any person engaged in, conducting, or otherwise participating in operating electronic games of skill or wagering thereon as authorized by this chapter.

(b) No person shall be guilty of any criminal offense set forth in § 5-66-101 et seq. or any other law relating to illegal gambling to the extent the person relied on any rule, order, finding, or other determination by the Arkansas Racing Commission that the activity was authorized by this chapter.

Acts 2005, No. 1151, § 1.
Ark. Code Ann. § 23-79-137 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-137
Coverage for adopted minors
Status: in_force

(a) Every accident and health insurance policy, self-insured health plan, hospital and medical service contract, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, whether an individual or group policy, contract, or plan, that covers the insured and members of the insured's family shall include coverage for any minor under the charge, care, and control of the insured whom the insured has filed a petition to adopt. The coverage of the minor shall be the same as provided for other members of the insured's family. (b) The coverage required by this section shall begin on the date of the filing of a petition for adoption if the insured applies for coverage within sixty (60) days after the filing of the petition for adoption. However, the coverage required by this section shall begin from the moment of birth if the petition for adoption and application for coverage is filed within sixty (60) days after the birth of the minor. (c) The coverage required by this section shall terminate upon the dismissal or denial of a petition for adoption. Acts 1987, No. 99, § 1; 2001, No. 1604, § 101.

(a) Every accident and health insurance policy, self-insured health plan, hospital and medical service contract, contract, certificate, or healthcare plan sold, delivered, issued, or offered for sale, issue, or delivery in this state, whether an individual or group policy, contract, or plan, that covers the insured and members of the insured's family shall include coverage for any minor under the charge, care, and control of the insured whom the insured has filed a petition to adopt. The coverage of the minor shall be the same as provided for other members of the insured's family.

(b) The coverage required by this section shall begin on the date of the filing of a petition for adoption if the insured applies for coverage within sixty (60) days after the filing of the petition for adoption. However, the coverage required by this section shall begin from the moment of birth if the petition for adoption and application for coverage is filed within sixty (60) days after the birth of the minor.

(c) The coverage required by this section shall terminate upon the dismissal or denial of a petition for adoption.

Acts 1987, No. 99, § 1; 2001, No. 1604, § 101.
Ark. Code Ann. § 23-69-321 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-321
Injunctive orders
Status: in_force

Whenever it appears to the Insurance Commissioner that any person or any director, officer, employee, or agent of the person has committed or is about to commit a violation of this subchapter or of any rule or order of the commissioner, the commissioner may apply to the Pulaski County Circuit Court for an order enjoining such person, director, officer, employee, or agent from violating or continuing to violate this subchapter or any such rule or order and for such other equitable relief as the nature of the case and the interest of the insurer's policyholders, creditors, and shareholders or the public may require. Amended by Act 2019, No. 315,§ 2691, eff. 7/24/2019. Acts 2001, No. 1726, § 1.

Whenever it appears to the Insurance Commissioner that any person or any director, officer, employee, or agent of the person has committed or is about to commit a violation of this subchapter or of any rule or order of the commissioner, the commissioner may apply to the Pulaski County Circuit Court for an order enjoining such person, director, officer, employee, or agent from violating or continuing to violate this subchapter or any such rule or order and for such other equitable relief as the nature of the case and the interest of the insurer's policyholders, creditors, and shareholders or the public may require.

Amended by Act 2019, No. 315,§ 2691, eff. 7/24/2019.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-92-603 — AR Code / Title 23 / Chapter 92 / Subchapter 6 / Section 23-92-603
Third-party requirements
Status: in_force

A third party shall: (1) Inform a patient that the patient is not required to use a mail-order pharmacy; (2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy; (3) Make drug formulary and coverage decisions based on the third party's normal course of business; (4) Allow a patient the freedom to use any pharmacy or any provider the patient chooses, whether or not the pharmacy participates in 340B drug pricing; and (5) Eliminate discriminatory contracting as it relates to: (A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations; (B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing; (C) Refusal to cover drugs purchased under 340B drug pricing; (D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and (E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing. Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.

A third party shall:

(1) Inform a patient that the patient is not required to use a mail-order pharmacy;

(2) Obtain a signed waiver from a patient before allowing the use of a mail-order pharmacy;

(3) Make drug formulary and coverage decisions based on the third party's normal course of business;

(4) Allow a patient the freedom to use any pharmacy or any provider the patient chooses, whether or not the pharmacy participates in 340B drug pricing; and

(5) Eliminate discriminatory contracting as it relates to: (A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations; (B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing; (C) Refusal to cover drugs purchased under 340B drug pricing; (D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and (E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing.

(A) Transferring the benefit of 340B drug-pricing savings from one (1) entity, including critical access hospitals, federally qualified health centers, other hospitals, or 340B drug-pricing participants and their underserved patients, to another entity, including without limitation pharmacy benefits managers, private insurers, and managed care organizations;

(B) Pricing that occurs when offering a lower reimbursement for a drug purchased under 340B drug pricing than for the same drug not purchased under 340B drug pricing;

(C) Refusal to cover drugs purchased under 340B drug pricing;

(D) Refusal to allow 340B drug-pricing pharmacies to participate in networks; and

(E) Charging more than fair market value or seeking profit sharing in exchange for services involving 340B drug pricing.

Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-17-504 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-504
Exclusive arrangements
Status: in_force

An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

An authority shall not enter into an exclusive arrangement with a person for use of the right-of-way for the collocation of small wireless facilities or the installation, operation, marketing, modification, maintenance, or replacement of poles for the collocation.

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. § 23-48-804 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-804
Out-of-state banks
Status: in_force

(a) Any out-of-state bank may establish, maintain, and operate a customer-bank communication terminal anywhere in this state. (b) (1) Out-of-state state-chartered banks other than registered out-of-state banks shall file the notice set forth in § 23-48-803 with the Bank Commissioner. (2) Registered out-of-state banks shall satisfy all filing requirements under the regulations of their home state regulator concerning the establishment, maintenance, and operations of out-of-state customer-bank communication terminals. (c) Nothing in this section shall limit, restrict, or prohibit any Federal Reserve Bank or branch thereof from operating any electronic funds transfer system in this state. Acts 1997, No. 89, § 1; 1997, No. 408, § 18.

(a) Any out-of-state bank may establish, maintain, and operate a customer-bank communication terminal anywhere in this state.

(b) (1) Out-of-state state-chartered banks other than registered out-of-state banks shall file the notice set forth in § 23-48-803 with the Bank Commissioner. (2) Registered out-of-state banks shall satisfy all filing requirements under the regulations of their home state regulator concerning the establishment, maintenance, and operations of out-of-state customer-bank communication terminals.

(1) Out-of-state state-chartered banks other than registered out-of-state banks shall file the notice set forth in § 23-48-803 with the Bank Commissioner.

(2) Registered out-of-state banks shall satisfy all filing requirements under the regulations of their home state regulator concerning the establishment, maintenance, and operations of out-of-state customer-bank communication terminals.

(c) Nothing in this section shall limit, restrict, or prohibit any Federal Reserve Bank or branch thereof from operating any electronic funds transfer system in this state.

Acts 1997, No. 89, § 1; 1997, No. 408, § 18.
Ark. Code Ann. § 23-14-128 — AR Code / Title 23 / Chapter 14 / Section 23-14-128
Fees
Status: in_force

(a) Application Fees. The following application fees shall be paid to the Arkansas Department of Transportation at the time of filing an application: Click here to view form. (b) Disposition of Fees Collected. All fees or sums collected by the department under the provisions of this chapter shall be deposited with the Treasurer of State and credited to the General Revenue Fund Account of the State Apportionment Fund. Amended by Act 2017, No. 707,§ 255, eff. 8/1/2017. Acts 1945, No. 252, § 19; A.S.A. 1947, § 74-420.

(a) Application Fees. The following application fees shall be paid to the Arkansas Department of Transportation at the time of filing an application: Click here to view form.

Click here to view form.

(b) Disposition of Fees Collected. All fees or sums collected by the department under the provisions of this chapter shall be deposited with the Treasurer of State and credited to the General Revenue Fund Account of the State Apportionment Fund.

Amended by Act 2017, No. 707,§ 255, eff. 8/1/2017.

Acts 1945, No. 252, § 19; A.S.A. 1947, § 74-420.

14_128_1 - Attachment
Ark. Code Ann. § 23-99-702 — AR Code / Title 23 / Chapter 99 / Subchapter 7 / Section 23-99-702
Definitions
Status: in_force

As used in this subchapter: (1) "Commissioner" means the Insurance Commissioner; (2) [Repealed.] (3) "Healthcare services" means any services included in the furnishing to any individual of medical or dental care, hospitalization, or services incident to the furnishing of care or hospitalization, as well as the furnishing to any person of any and all other services or goods for the purpose of preventing, alleviating, curing, or healing human illness or injury; (4) "Health carrier" means any person who undertakes to provide or arrange for one (1) or more managed care plans; (5) "Managed care plan" means any arrangement whereby a health carrier undertakes to provide, arrange for, pay for, or reimburse any part of the cost of any healthcare services, and at least part of the arrangement consists of arranging for or the provision of healthcare services as distinguished from mere indemnifications against the cost of the healthcare services on a prepaid basis through insurance or otherwise; and (6) "Network" when used to describe a provider of health services, including, but not limited to, a hospital, physician, home health agency, pharmacy, etc., means that the provider has a participation agreement in effect with a health carrier, directly or through another entity, to provide health services to covered persons. Amended by Act 2019, No. 910,§ 5109, eff. 7/1/2019. Acts 1999, No. 1200, § 2.

As used in this subchapter:

(1) "Commissioner" means the Insurance Commissioner;

(2) [Repealed.]

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

(4) "Health carrier" means any person who undertakes to provide or arrange for one (1) or more managed care plans;

(5) "Managed care plan" means any arrangement whereby a health carrier undertakes to provide, arrange for, pay for, or reimburse any part of the cost of any healthcare services, and at least part of the arrangement consists of arranging for or the provision of healthcare services as distinguished from mere indemnifications against the cost of the healthcare services on a prepaid basis through insurance or otherwise; and

(6) "Network" when used to describe a provider of health services, including, but not limited to, a hospital, physician, home health agency, pharmacy, etc., means that the provider has a participation agreement in effect with a health carrier, directly or through another entity, to provide health services to covered persons.

Amended by Act 2019, No. 910,§ 5109, eff. 7/1/2019.

Acts 1999, No. 1200, § 2.
Ark. Code Ann. § 23-88-105 — AR Code / Title 23 / Chapter 88 / Subchapter 1 / Section 23-88-105
Notice required prior to expiration of property insurance policy - Definition
Status: in_force

(a) Except for nonpayment of premium, the insurer shall give either a written notice of nonrenewal or an offer of renewal at least thirty (30) days prior to the expiration of the policy's existing term. (b) The insurer shall send the insured a written notice and the insurance producer written or electronic notice of the offer of renewal under subsection (a) of this section, indicating the new premium and providing a description of any change in deductible or policy provision in the renewal policy. (c) As used in this section, "renewal" means the issuance or delivery by an insurer of a policy superseding a policy previously issued by the insurer at the end of the previously issued policy period if the policy is delivered by: (1) The same insurer; or (2) An affiliate or subsidiary, as those terms are defined in § 23-63-503 , that has a financial strength rating that is: (A) Issued by an industry-recognized independent insurance rating company; and (B) At least as good as the insurer issuing the superseded policy. Amended by Act 2019, No. 689,§ 4, eff. 7/24/2019. Acts 2003, No. 1790, § 2.

(a) Except for nonpayment of premium, the insurer shall give either a written notice of nonrenewal or an offer of renewal at least thirty (30) days prior to the expiration of the policy's existing term.

(b) The insurer shall send the insured a written notice and the insurance producer written or electronic notice of the offer of renewal under subsection (a) of this section, indicating the new premium and providing a description of any change in deductible or policy provision in the renewal policy.

(c) As used in this section, "renewal" means the issuance or delivery by an insurer of a policy superseding a policy previously issued by the insurer at the end of the previously issued policy period if the policy is delivered by: (1) The same insurer; or (2) An affiliate or subsidiary, as those terms are defined in § 23-63-503 , that has a financial strength rating that is: (A) Issued by an industry-recognized independent insurance rating company; and (B) At least as good as the insurer issuing the superseded policy.

(1) The same insurer; or

(2) An affiliate or subsidiary, as those terms are defined in § 23-63-503 , that has a financial strength rating that is: (A) Issued by an industry-recognized independent insurance rating company; and (B) At least as good as the insurer issuing the superseded policy.

(A) Issued by an industry-recognized independent insurance rating company; and

(B) At least as good as the insurer issuing the superseded policy.

Amended by Act 2019, No. 689,§ 4, eff. 7/24/2019.

Acts 2003, No. 1790, § 2.
Ark. Code Ann. § 23-37-512 — AR Code / Title 23 / Chapter 37 / Subchapter 5 / Section 23-37-512
Legal investments in accounts
Status: in_force

(a) Administrators, executors, guardians, trustees, and other fiduciaries, business corporations, insurance companies and charitable or educational corporations or associations, banks, credit unions, and all other financial institutions, and any person acting as custodian under the Uniform Securities Ownership by Minors Act, § 9-26-301 et seq., are specifically authorized and empowered to invest funds held by them in savings accounts of any association or of any federal association. (b) Trustees of any pension, profit, profit-sharing, or retirement trust for employees of any public or private corporation and any person having the care, custody, or control of any funds held for a pension or retirement plan, system, or trust for the employees of this state, or any political subdivision of this state, are specifically authorized and empowered to invest funds held by them in savings accounts of any association or of any federal association to the extent that the savings account does not exceed an amount equal to the sum of all reserve accounts except specific or valuation reserves, undivided profits, surplus, and capital stock, but not including the proceeds of capital notes, debentures, or similar obligations. (c) The provisions of this section are supplemental to any and all other laws relating to and declaring what shall be legal investments for the persons, corporations, organizations, and officials referred to in this section. Acts 1963, No. 227, § 43; 1979, No. 361, § 8; A.S.A. 1947, § 67-1843.

(a) Administrators, executors, guardians, trustees, and other fiduciaries, business corporations, insurance companies and charitable or educational corporations or associations, banks, credit unions, and all other financial institutions, and any person acting as custodian under the Uniform Securities Ownership by Minors Act, § 9-26-301 et seq., are specifically authorized and empowered to invest funds held by them in savings accounts of any association or of any federal association.

(b) Trustees of any pension, profit, profit-sharing, or retirement trust for employees of any public or private corporation and any person having the care, custody, or control of any funds held for a pension or retirement plan, system, or trust for the employees of this state, or any political subdivision of this state, are specifically authorized and empowered to invest funds held by them in savings accounts of any association or of any federal association to the extent that the savings account does not exceed an amount equal to the sum of all reserve accounts except specific or valuation reserves, undivided profits, surplus, and capital stock, but not including the proceeds of capital notes, debentures, or similar obligations.

(c) The provisions of this section are supplemental to any and all other laws relating to and declaring what shall be legal investments for the persons, corporations, organizations, and officials referred to in this section.

Acts 1963, No. 227, § 43; 1979, No. 361, § 8; A.S.A. 1947, § 67-1843.
Ark. Code Ann. § 23-40-117 — AR Code / Title 23 / Chapter 40 / Section 23-40-117
Trust funds - Exemption from attachment, etc
Status: in_force

(a) All contract proceeds held in trust pursuant to the provisions of this chapter and all income derived therefrom shall be exempt from attachment, garnishment, execution, and claims of creditors, receivers, or trustees in bankruptcy. The trust fund shall not be seized, taken, appropriated, or applied to pay any debt or liability of the seller by any legal or equitable process or by operation of law. (b) The seller shall notify the Insurance Commissioner within ten (10) days upon the filing of bankruptcy or upon becoming insolvent. Upon receipt of notification, the commissioner shall notify the trustee of the trust fund, and all income earned after that date shall be held in trust by the trustee and disbursed only upon the direction of the commissioner. Acts 1985, No. 156, § 9; A.S.A. 1947, § 67-1721; Acts 1995, No. 852, § 9.

(a) All contract proceeds held in trust pursuant to the provisions of this chapter and all income derived therefrom shall be exempt from attachment, garnishment, execution, and claims of creditors, receivers, or trustees in bankruptcy. The trust fund shall not be seized, taken, appropriated, or applied to pay any debt or liability of the seller by any legal or equitable process or by operation of law.

(b) The seller shall notify the Insurance Commissioner within ten (10) days upon the filing of bankruptcy or upon becoming insolvent. Upon receipt of notification, the commissioner shall notify the trustee of the trust fund, and all income earned after that date shall be held in trust by the trustee and disbursed only upon the direction of the commissioner.

Acts 1985, No. 156, § 9; A.S.A. 1947, § 67-1721; Acts 1995, No. 852, § 9.
Ark. Code Ann. § 23-85-140 — AR Code / Title 23 / Chapter 85 / Section 23-85-140
Nonparticipation in maintenance of licensure or maintenance of certification - Insurer prohibited from denying reimbursement or discriminating in reimbursement levels - Definitions
Status: in_force

(a) As used in this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine. (b) An insurer shall not: (1) Deny reimbursement to or prevent a physician from participating in any provider network based solely on a decision of the physician not to participate in any form of maintenance of certification; or (2) Discriminate with respect to reimbursement levels based solely on a decision of the physician not to participate in any form of maintenance of certification. Added by Act 2019, No. 804,§ 3, eff. 7/24/2019.

(a) As used in this section: (1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and (2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(1) "Maintenance of certification" means any process requiring periodic recertification examinations or other activities to maintain specialty medical certification; and

(2) "Specialty medical board certification" means a certification by a board that: (A) Specializes in one (1) particular area of medicine; and (B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(A) Specializes in one (1) particular area of medicine; and

(B) Typically requires examinations that are in addition to the requirements of the Arkansas State Medical Board to practice medicine.

(b) An insurer shall not: (1) Deny reimbursement to or prevent a physician from participating in any provider network based solely on a decision of the physician not to participate in any form of maintenance of certification; or (2) Discriminate with respect to reimbursement levels based solely on a decision of the physician not to participate in any form of maintenance of certification.

(1) Deny reimbursement to or prevent a physician from participating in any provider network based solely on a decision of the physician not to participate in any form of maintenance of certification; or

(2) Discriminate with respect to reimbursement levels based solely on a decision of the physician not to participate in any form of maintenance of certification.

Added by Act 2019, No. 804,§ 3, eff. 7/24/2019.
Ark. Code Ann. § 23-47-505 — AR Code / Title 23 / Chapter 47 / Subchapter 5 / Section 23-47-505
Illegal loans - Liability of officer or director
Status: in_force

Any officer or director of any state bank who shall knowingly make or approve a loan in violation of §§ 23-47-501 - 23-47-504 or who shall knowingly permit such a loan to be made, or who shall fail to exercise his or her authority to prevent the making of the loan shall be personally liable to the bank, or to the Bank Commissioner, for the full amount thereof. However, written notice of disapproval of the loan, served on the board of directors and also the commissioner at the time the making or existence of the loan first comes to his or her knowledge, shall relieve any officer or director from personal liability. Acts 1997, No. 89, § 1.

Any officer or director of any state bank who shall knowingly make or approve a loan in violation of §§ 23-47-501 - 23-47-504 or who shall knowingly permit such a loan to be made, or who shall fail to exercise his or her authority to prevent the making of the loan shall be personally liable to the bank, or to the Bank Commissioner, for the full amount thereof. However, written notice of disapproval of the loan, served on the board of directors and also the commissioner at the time the making or existence of the loan first comes to his or her knowledge, shall relieve any officer or director from personal liability.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-11-210 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-210
Stockholders' first meeting
Status: in_force

(a) As soon as practicable after the charter and articles of incorporation shall have been filed in the office of the Secretary of State and in the offices of the county clerk as provided by other provisions of this subchapter, the subscribers of the articles of incorporation shall fix a time and place for a meeting of the stockholders to choose directors of the corporation. (b) (1) The meeting shall be held at such place within or without the State of Arkansas as shall be determined by the incorporators. Notice thereof shall be given to the stockholders of the corporation by notice directed to each stockholder at the last address of record on the stock records of the corporation unless waiver of notice thereof shall have been filed with the incorporators. (2) The notice shall be given at least ten (10) days prior to the date set for the meeting. Acts 1959, No. 30, § 9; A.S.A. 1947, § 73-324.1.

(a) As soon as practicable after the charter and articles of incorporation shall have been filed in the office of the Secretary of State and in the offices of the county clerk as provided by other provisions of this subchapter, the subscribers of the articles of incorporation shall fix a time and place for a meeting of the stockholders to choose directors of the corporation.

(b) (1) The meeting shall be held at such place within or without the State of Arkansas as shall be determined by the incorporators. Notice thereof shall be given to the stockholders of the corporation by notice directed to each stockholder at the last address of record on the stock records of the corporation unless waiver of notice thereof shall have been filed with the incorporators. (2) The notice shall be given at least ten (10) days prior to the date set for the meeting.

(1) The meeting shall be held at such place within or without the State of Arkansas as shall be determined by the incorporators. Notice thereof shall be given to the stockholders of the corporation by notice directed to each stockholder at the last address of record on the stock records of the corporation unless waiver of notice thereof shall have been filed with the incorporators.

(2) The notice shall be given at least ten (10) days prior to the date set for the meeting.

Acts 1959, No. 30, § 9; A.S.A. 1947, § 73-324.1.
Ark. Code Ann. § 23-17-223 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-223
Waiver of notice of meeting
Status: in_force

(a) Any person entitled to notice of a meeting may waive notice in writing either before or after the meeting. (b) If any person attends a meeting, his or her attendance shall constitute a waiver of notice of the meeting, unless the person participates therein solely to object to the transaction of any business because the meeting has not been lawfully called or convened. Acts 1951, No. 51, § 24; A.S.A. 1947, § 77-1624.

(a) Any person entitled to notice of a meeting may waive notice in writing either before or after the meeting.

(b) If any person attends a meeting, his or her attendance shall constitute a waiver of notice of the meeting, unless the person participates therein solely to object to the transaction of any business because the meeting has not been lawfully called or convened.

Acts 1951, No. 51, § 24; A.S.A. 1947, § 77-1624.
Ark. Code Ann. § 23-114-403 — AR Code / Title 23 / Chapter 114 / Subchapter 4 / Section 23-114-403
Compensation prohibited
Status: in_force

No person may be compensated for organizing, promoting, conducting, or otherwise administering a charitable raffle or bingo event. The functions of organizing, promoting, conducting, or otherwise administering a charitable raffle or bingo event shall be performed by volunteers from the charitable organization. Acts 2007, No. 388, § 1.

No person may be compensated for organizing, promoting, conducting, or otherwise administering a charitable raffle or bingo event. The functions of organizing, promoting, conducting, or otherwise administering a charitable raffle or bingo event shall be performed by volunteers from the charitable organization.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-35-203 — AR Code / Title 23 / Chapter 35 / Subchapter 2 / Section 23-35-203
Annual examination of credit unions
Status: in_force

(a) The State Credit Union Supervisor shall cause each credit union to be examined annually. Each credit union and all of its officers and agents shall be required to give representatives of the supervisor full access to all books, papers, securities, records, and other sources of information under their control. For the purpose of the examination, the representatives shall have power to subpoena witnesses, administer oaths, compel the giving of testimony, and require the submission of documents. (b) A report of this examination shall be forwarded to the credit union after the completion of the examination. The report shall be reviewed at the next monthly meeting of the board of directors of the credit union and a reply, if requested by the supervisor, shall be forwarded by the board by the date requested by the supervisor. (c) For the purpose of these examinations, each credit union shall pay an examination fee based upon the cost of performing the examination. Each credit union shall bear a proportionate share of the expenses of the supervisor, in accordance with schedules adopted by the supervisor. (d) If there is any violation of this section by a credit union, the supervisor may fine a credit union ten dollars ($10.00) per day for ten (10) days. If the violation has not been corrected by the tenth day, he or she may take any action he or she deems necessary and appropriate under the provisions of this chapter. Acts 1971, No. 132, § 33; 1975, No. 530, §§ 19, 20; A.S.A. 1947, § 67-933.

(a) The State Credit Union Supervisor shall cause each credit union to be examined annually. Each credit union and all of its officers and agents shall be required to give representatives of the supervisor full access to all books, papers, securities, records, and other sources of information under their control. For the purpose of the examination, the representatives shall have power to subpoena witnesses, administer oaths, compel the giving of testimony, and require the submission of documents.

(b) A report of this examination shall be forwarded to the credit union after the completion of the examination. The report shall be reviewed at the next monthly meeting of the board of directors of the credit union and a reply, if requested by the supervisor, shall be forwarded by the board by the date requested by the supervisor.

(c) For the purpose of these examinations, each credit union shall pay an examination fee based upon the cost of performing the examination. Each credit union shall bear a proportionate share of the expenses of the supervisor, in accordance with schedules adopted by the supervisor.

(d) If there is any violation of this section by a credit union, the supervisor may fine a credit union ten dollars ($10.00) per day for ten (10) days. If the violation has not been corrected by the tenth day, he or she may take any action he or she deems necessary and appropriate under the provisions of this chapter.

Acts 1971, No. 132, § 33; 1975, No. 530, §§ 19, 20; A.S.A. 1947, § 67-933.
Ark. Code Ann. § 23-64-201 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-201
License required to solicit, sell, negotiate, engage, consult, or adjust insurance - Grounds for license suspension
Status: in_force

(a) No insurance producer, insurer, insurance consultant, or adjuster shall permit any person not properly licensed under this chapter to solicit, sell, negotiate, engage, consult, or adjust in the business of insurance on behalf of the insurance producer, insurer, insurance consultant, or adjuster. (b) (1) Unless he or she has complied with the Producer Licensing Model Act, § 23-64-501 et seq., a person shall not consult, counsel, or advise others on matters of insurance needs or coverages under any insurance policy or contract of insurance unless licensed under this section. (2) Licensure of a salaried employee of the entity or entities for which he or she may consult or counsel on matters of insurance to that entity or entities shall not be required. (c) No person may adjust claims as an adjuster without licensure under this chapter. (d) Any license issued by the Insurance Commissioner, under this section, may be immediately suspended as per § 9-14-239 for failure to pay child support. (e) All licensees or applicants for licensure under this section must notify the commissioner in writing within thirty (30) days of any filing of a criminal charge or conviction or plea of a criminal charge or the filing of any bankruptcy proceeding by or against them. Failure to so notify the commissioner may result in the immediate suspension of the license. Acts 1959, No. 148, § 152; 1985, No. 804, § 21; A.S.A. 1947, § 66-2809; Acts 1987, No. 927, § 1; 1989, No. 772, § 5; 1993, No. 901, § 13; 1997, No. 1004, § 1; 2001, No. 580, § 5; 2007, No. 331, § 1.

(a) No insurance producer, insurer, insurance consultant, or adjuster shall permit any person not properly licensed under this chapter to solicit, sell, negotiate, engage, consult, or adjust in the business of insurance on behalf of the insurance producer, insurer, insurance consultant, or adjuster.

(b) (1) Unless he or she has complied with the Producer Licensing Model Act, § 23-64-501 et seq., a person shall not consult, counsel, or advise others on matters of insurance needs or coverages under any insurance policy or contract of insurance unless licensed under this section. (2) Licensure of a salaried employee of the entity or entities for which he or she may consult or counsel on matters of insurance to that entity or entities shall not be required.

(1) Unless he or she has complied with the Producer Licensing Model Act, § 23-64-501 et seq., a person shall not consult, counsel, or advise others on matters of insurance needs or coverages under any insurance policy or contract of insurance unless licensed under this section.

(2) Licensure of a salaried employee of the entity or entities for which he or she may consult or counsel on matters of insurance to that entity or entities shall not be required.

(c) No person may adjust claims as an adjuster without licensure under this chapter.

(d) Any license issued by the Insurance Commissioner, under this section, may be immediately suspended as per § 9-14-239 for failure to pay child support.

(e) All licensees or applicants for licensure under this section must notify the commissioner in writing within thirty (30) days of any filing of a criminal charge or conviction or plea of a criminal charge or the filing of any bankruptcy proceeding by or against them. Failure to so notify the commissioner may result in the immediate suspension of the license.

Acts 1959, No. 148, § 152; 1985, No. 804, § 21; A.S.A. 1947, § 66-2809; Acts 1987, No. 927, § 1; 1989, No. 772, § 5; 1993, No. 901, § 13; 1997, No. 1004, § 1; 2001, No. 580, § 5; 2007, No. 331, § 1.
Ark. Code Ann. § 23-66-313 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-313
Overwriting contracts of life insurer
Status: in_force

(a) No life insurer shall pay or contract to pay, directly or indirectly, to its president, vice president, secretary, treasurer, actuary, or medical director or other physician charged with the duty of examining risks or applicants for insurance, except regular fees paid for making examinations, nor shall the insurer pay to any officer of the insurer, other than an agent, any commission or other compensation contingent upon the writing or procuring of any policy of insurance in the insurer or procuring an application therefor, by any person whomsoever, or upon the assumption of any life insurance risk or contingent upon the payment of any renewal premium, unless and until the contract providing for the payment shall have first been filed with and approved by the Insurance Commissioner. (b) The commissioner shall not approve any contract found by him or her to be unfair or unreasonable or contrary to the best interests of the insurer, or if it provides compensation other than reasonable compensation for substantial service actually rendered or to be rendered to the insurer. (c) If any insurer violates this section, the commissioner shall revoke its certificate of authority. Acts 1959, No. 148, § 229; A.S.A. 1947, § 66-3022.

(a) No life insurer shall pay or contract to pay, directly or indirectly, to its president, vice president, secretary, treasurer, actuary, or medical director or other physician charged with the duty of examining risks or applicants for insurance, except regular fees paid for making examinations, nor shall the insurer pay to any officer of the insurer, other than an agent, any commission or other compensation contingent upon the writing or procuring of any policy of insurance in the insurer or procuring an application therefor, by any person whomsoever, or upon the assumption of any life insurance risk or contingent upon the payment of any renewal premium, unless and until the contract providing for the payment shall have first been filed with and approved by the Insurance Commissioner.

(b) The commissioner shall not approve any contract found by him or her to be unfair or unreasonable or contrary to the best interests of the insurer, or if it provides compensation other than reasonable compensation for substantial service actually rendered or to be rendered to the insurer.

(c) If any insurer violates this section, the commissioner shall revoke its certificate of authority.

Acts 1959, No. 148, § 229; A.S.A. 1947, § 66-3022.
Ark. Code Ann. § 23-18-518 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-518
Conduct of hearing
Status: in_force

(a) The Arkansas Public Service Commission shall hold a hearing, unless waived by the parties, on an application filed under § 23-18-511 . (b) A record shall be made of the hearing and of all testimony taken and the cross-examination thereon. (c) Rules of the commission shall apply to the proceeding. (d) The commission may provide for the consolidation of the representation of parties having similar interests. Amended by Act 2015, No. 1000,§ 7, eff. 4/2/2015. Acts 1973, No. 164, § 8; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.7.

(a) The Arkansas Public Service Commission shall hold a hearing, unless waived by the parties, on an application filed under § 23-18-511 .

(b) A record shall be made of the hearing and of all testimony taken and the cross-examination thereon.

(c) Rules of the commission shall apply to the proceeding.

(d) The commission may provide for the consolidation of the representation of parties having similar interests.

Amended by Act 2015, No. 1000,§ 7, eff. 4/2/2015.

Acts 1973, No. 164, § 8; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.7.
Ark. Code Ann. § 23-55-804 — AR Code / Title 23 / Chapter 55 / Section 23-55-804
Consent orders
Status: in_force

The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person's authorized representative, and must indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated. Acts 2007, No. 1595, § 1.

The commissioner may enter into a consent order at any time with a person to resolve a matter arising under this chapter or a rule adopted or order issued under this chapter. A consent order must be signed by the person to whom it is issued or by the person's authorized representative, and must indicate agreement with the terms contained in the order. A consent order may provide that it does not constitute an admission by a person that this chapter or a rule adopted or an order issued under this chapter has been violated.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-115-101 — AR Code / Title 23 / Chapter 115 / Subchapter 1 / Section 23-115-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Scholarship Lottery Act". Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

This chapter shall be known and may be cited as the "Arkansas Scholarship Lottery Act".

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-2-211 — AR Code / Title 23 / Chapter 2 / Subchapter 2 / Section 23-2-211
Proceedings before department
Status: in_force

(a) In the exercise of its jurisdiction, the Arkansas Department of Transportation shall have the power to promulgate reasonable rules and regulations governing procedure before the department and for other purposes. (b) The department shall have full power to decide all matters which come before the department. (c) Any order made by the department shall be subject to the same right of appeal by any party to the proceedings as is prescribed by § 23-2-425 or as may be otherwise provided by law. Amended by Act 2017, No. 707,§ 95, eff. 8/1/2017. Acts 1957, No. 132, §§ 9, 10; A.S.A. 1947, §§ 73-160, 73-161.

(a) In the exercise of its jurisdiction, the Arkansas Department of Transportation shall have the power to promulgate reasonable rules and regulations governing procedure before the department and for other purposes.

(b) The department shall have full power to decide all matters which come before the department.

(c) Any order made by the department shall be subject to the same right of appeal by any party to the proceedings as is prescribed by § 23-2-425 or as may be otherwise provided by law.

Amended by Act 2017, No. 707,§ 95, eff. 8/1/2017.

Acts 1957, No. 132, §§ 9, 10; A.S.A. 1947, §§ 73-160, 73-161.
Ark. Code Ann. § 23-51-185 — AR Code / Title 23 / Chapter 51 / Section 23-51-185
Examinations - Assessments
Status: in_force

(a) The Bank Commissioner may examine each state trust company every twenty-four (24) months or more often as he or she determines is necessary to safeguard the interests of the public and the safety and soundness of the institution. (b) Each state-chartered trust company shall pay to the State Bank Department within ten (10) days after notice from the commissioner in January and July of each year an assessment fee to defray the costs of examination and the costs of operations of the department which will be charged in accordance with an assessment fee schedule approved by the commissioner. (c) The commissioner may accept examinations of a state trust company by a federal or other governmental agency in lieu of an examination under this section or may conduct examinations of a state trust company jointly or concurrently with a federal or other governmental agency. Acts 1997, No. 940, § 85.

(a) The Bank Commissioner may examine each state trust company every twenty-four (24) months or more often as he or she determines is necessary to safeguard the interests of the public and the safety and soundness of the institution.

(b) Each state-chartered trust company shall pay to the State Bank Department within ten (10) days after notice from the commissioner in January and July of each year an assessment fee to defray the costs of examination and the costs of operations of the department which will be charged in accordance with an assessment fee schedule approved by the commissioner.

(c) The commissioner may accept examinations of a state trust company by a federal or other governmental agency in lieu of an examination under this section or may conduct examinations of a state trust company jointly or concurrently with a federal or other governmental agency.

Acts 1997, No. 940, § 85.
Ark. Code Ann. § 23-62-101 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-101
Definitions not mutually exclusive
Status: in_force

It is intended that certain insurance coverages may come within the definitions of two (2) or more kinds of insurance as defined in this subchapter and §§ 23-62-201 , 23-62-202 , 23-62-203 , 23-62-204 , 23-62-205 , and 23-63-701 , and the inclusion of the coverage within one (1) definition shall not exclude it as to any other kind of insurance within the definition of which that coverage is reasonably includable. Acts 1959, No. 148, § 72; A.S.A. 1947, § 66-2401.

It is intended that certain insurance coverages may come within the definitions of two (2) or more kinds of insurance as defined in this subchapter and §§ 23-62-201 , 23-62-202 , 23-62-203 , 23-62-204 , 23-62-205 , and 23-63-701 , and the inclusion of the coverage within one (1) definition shall not exclude it as to any other kind of insurance within the definition of which that coverage is reasonably includable.

Acts 1959, No. 148, § 72; A.S.A. 1947, § 66-2401.
Ark. Code Ann. § 23-17-304 — AR Code / Title 23 / Chapter 17 / Subchapter 3 / Section 23-17-304
Universal Telephone Service Fund created - Contents
Status: in_force

(a) There is created the Universal Telephone Service Fund to be established by assessing upon all interexchange carriers operating in this state a charge on interexchange communication services based on usage, revenue, volume, or other appropriate factors. (b) (1) The amount of the charge shall be determined by the Arkansas Public Service Commission after notice and hearing. (2) The Arkansas Public Service Commission shall coordinate the development of the structure and level of the charge, as well as the support to be provided through the Universal Telephone Service Fund, with the interstate Universal Service Fund or similar arrangement established by the Federal Communications Commission so that the Universal Telephone Service Fund is not administered inconsistently with the Federal Communications Commission's Universal Service Fund or similar arrangements. (c) The amounts shall be remitted to the Arkansas Public Service Commission under such reasonable rules as the Arkansas Public Service Commission may prescribe and shall be deposited by the Arkansas Public Service Commission into an account, separate from all other funds, designated as the "Universal Telephone Service Fund". Amended by Act 2019, No. 315,§ 2465, eff. 7/24/2019. Acts 1983, No. 483, § 4; A.S.A. 1947, § 73-2604.

(a) There is created the Universal Telephone Service Fund to be established by assessing upon all interexchange carriers operating in this state a charge on interexchange communication services based on usage, revenue, volume, or other appropriate factors.

(b) (1) The amount of the charge shall be determined by the Arkansas Public Service Commission after notice and hearing. (2) The Arkansas Public Service Commission shall coordinate the development of the structure and level of the charge, as well as the support to be provided through the Universal Telephone Service Fund, with the interstate Universal Service Fund or similar arrangement established by the Federal Communications Commission so that the Universal Telephone Service Fund is not administered inconsistently with the Federal Communications Commission's Universal Service Fund or similar arrangements.

(1) The amount of the charge shall be determined by the Arkansas Public Service Commission after notice and hearing.

(2) The Arkansas Public Service Commission shall coordinate the development of the structure and level of the charge, as well as the support to be provided through the Universal Telephone Service Fund, with the interstate Universal Service Fund or similar arrangement established by the Federal Communications Commission so that the Universal Telephone Service Fund is not administered inconsistently with the Federal Communications Commission's Universal Service Fund or similar arrangements.

(c) The amounts shall be remitted to the Arkansas Public Service Commission under such reasonable rules as the Arkansas Public Service Commission may prescribe and shall be deposited by the Arkansas Public Service Commission into an account, separate from all other funds, designated as the "Universal Telephone Service Fund".

Amended by Act 2019, No. 315,§ 2465, eff. 7/24/2019.

Acts 1983, No. 483, § 4; A.S.A. 1947, § 73-2604.
Ark. Code Ann. § 23-50-110 — AR Code / Title 23 / Chapter 50 / Section 23-50-110
Certification of check when funds insufficient
Status: in_force

(a) It shall be unlawful for any officer, director, agent, or employee of any bank to certify any check drawn upon the bank unless the person drawing the check has on deposit with the bank, at the time the check is certified, an amount of money not less than the amount specified in the check. (b) Any check so certified by a duly authorized officer, director, agent, or employee shall be a good and valid obligation against the bank. (c) However, any officer, director, agent, or employee of any bank who shall willfully violate any provision of this section, or who shall resort to any device or receive any fictitious obligation, directly or collaterally, in order to evade the provisions thereof, or who shall certify a check before the amount thereof shall have been regularly deposited in the bank to the credit of the drawer thereof is guilty of a Class A misdemeanor. Acts 1997, No. 89, § 1.

(a) It shall be unlawful for any officer, director, agent, or employee of any bank to certify any check drawn upon the bank unless the person drawing the check has on deposit with the bank, at the time the check is certified, an amount of money not less than the amount specified in the check.

(b) Any check so certified by a duly authorized officer, director, agent, or employee shall be a good and valid obligation against the bank.

(c) However, any officer, director, agent, or employee of any bank who shall willfully violate any provision of this section, or who shall resort to any device or receive any fictitious obligation, directly or collaterally, in order to evade the provisions thereof, or who shall certify a check before the amount thereof shall have been regularly deposited in the bank to the credit of the drawer thereof is guilty of a Class A misdemeanor.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-13-243 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-243
Sections 23-13-236 - 23-13-242 cumulative
Status: in_force

Nothing in §§ 23-13-236 - 23-13-242 shall be held to extinguish any remedy or right of action not inconsistent therewith. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.

Nothing in §§ 23-13-236 - 23-13-242 shall be held to extinguish any remedy or right of action not inconsistent therewith.

Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Ark. Code Ann. § 23-32-506 — AR Code / Title 23 / Chapter 32 / Subchapter 5 / Section 23-32-506
Payment to minor
Status: in_force

If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to the Uniform Transfers to Minors Act, § 9-26-201 et seq. Acts 1997, No. 85, § 6.

If a financial institution is required or permitted to make payment pursuant to this subchapter to a minor designated as a beneficiary, payment may be made pursuant to the Uniform Transfers to Minors Act, § 9-26-201 et seq.

Acts 1997, No. 85, § 6.
Ark. Code Ann. § 23-4-716 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-716
Liability as to rates approved by department
Status: in_force

In no instance shall any person or corporation operating a railroad or express company, the schedule of charges of which have been submitted to, revised, and approved by the Arkansas Department of Transportation, be civilly or criminally liable for the making of any charge that has been authorized by the tariff of charges approved by the department or the rules and regulations prescribed by the department. Amended by Act 2017, No. 707,§ 140, eff. 8/1/2017. Acts 1899, No. 53, § 15, p. 82; C. & M. Dig., § 1689; Pope's Dig., § 1993; A.S.A. 1947, § 73-1518.

In no instance shall any person or corporation operating a railroad or express company, the schedule of charges of which have been submitted to, revised, and approved by the Arkansas Department of Transportation, be civilly or criminally liable for the making of any charge that has been authorized by the tariff of charges approved by the department or the rules and regulations prescribed by the department.

Amended by Act 2017, No. 707,§ 140, eff. 8/1/2017.

Acts 1899, No. 53, § 15, p. 82; C. & M. Dig., § 1689; Pope's Dig., § 1993; A.S.A. 1947, § 73-1518.
Ark. Code Ann. § 23-63-836 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-836
Certificates of deposit
Status: in_force

An insurer may invest in certificates of deposit or similar depository instruments issued by any bank, bank and trust company, savings bank, national bank association, savings and loan association incorporated under the laws of a state, or federal savings and loan association incorporated under the laws of the United States. Acts 1959, No. 148, § 131.1, as added by Acts 1983, No. 522, § 5; A.S.A. 1947, § 66-2636.

An insurer may invest in certificates of deposit or similar depository instruments issued by any bank, bank and trust company, savings bank, national bank association, savings and loan association incorporated under the laws of a state, or federal savings and loan association incorporated under the laws of the United States.

Acts 1959, No. 148, § 131.1, as added by Acts 1983, No. 522, § 5; A.S.A. 1947, § 66-2636.
Ark. Code Ann. § 23-13-605 — AR Code / Title 23 / Chapter 13 / Subchapter 6 / Section 23-13-605
Violation - Enforcement - Penalties
Status: in_force

(a) (1) A person who is subject to the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and who uses the highways of this state without first registering in accordance with this subchapter is guilty of a violation. (2) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and local authorities may enforce this subsection. (b) A person who is found guilty or enters a plea of guilty or nolo contendere under this section shall be ordered to pay a fine of: (1) For a first offense, not less than one hundred dollars ($100) or more than five hundred dollars ($500); and (2) For a second or subsequent offense, not less than one hundred dollars ($100) or more than one thousand dollars ($1,000). (c) (1) Fifty percent (50%) of the amount of the fines imposed and collected under this section shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Division of Administrative Services for deposit into the General Revenue Fund Account of the State Apportionment Fund. (2) Fifty percent (50%) of the amount of the fines imposed and collected under this section shall remain in the jurisdiction in which the violation occurred. Amended by Act 2017, No. 707,§ 231, eff. 8/1/2017. Acts 2007, No. 232, § 2; 2009, No. 164, § 6.

(a) (1) A person who is subject to the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and who uses the highways of this state without first registering in accordance with this subchapter is guilty of a violation. (2) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and local authorities may enforce this subsection.

(1) A person who is subject to the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., and who uses the highways of this state without first registering in accordance with this subchapter is guilty of a violation.

(2) The Division of Arkansas State Police, the Arkansas Highway Police Division of the Arkansas Department of Transportation, and local authorities may enforce this subsection.

(b) A person who is found guilty or enters a plea of guilty or nolo contendere under this section shall be ordered to pay a fine of: (1) For a first offense, not less than one hundred dollars ($100) or more than five hundred dollars ($500); and (2) For a second or subsequent offense, not less than one hundred dollars ($100) or more than one thousand dollars ($1,000).

(1) For a first offense, not less than one hundred dollars ($100) or more than five hundred dollars ($500); and

(2) For a second or subsequent offense, not less than one hundred dollars ($100) or more than one thousand dollars ($1,000).

(c) (1) Fifty percent (50%) of the amount of the fines imposed and collected under this section shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Division of Administrative Services for deposit into the General Revenue Fund Account of the State Apportionment Fund. (2) Fifty percent (50%) of the amount of the fines imposed and collected under this section shall remain in the jurisdiction in which the violation occurred.

(1) Fifty percent (50%) of the amount of the fines imposed and collected under this section shall be remitted by the tenth day of each month to the Administration of Justice Funds Section on a form provided by the Division of Administrative Services for deposit into the General Revenue Fund Account of the State Apportionment Fund.

(2) Fifty percent (50%) of the amount of the fines imposed and collected under this section shall remain in the jurisdiction in which the violation occurred.

Amended by Act 2017, No. 707,§ 231, eff. 8/1/2017.

Acts 2007, No. 232, § 2; 2009, No. 164, § 6.
Ark. Code Ann. § 23-12-506 — AR Code / Title 23 / Chapter 12 / Subchapter 5 / Section 23-12-506
Death or injury of employee - No assumption of risk
Status: in_force

An employee shall not be held to have assumed the risk of his or her employment in any action arising out of any of the provisions of this section and §§ 23-12-501 - 23-12-505 , and 23-12-507 . Acts 1911, No. 88, § 3; C. & M. Dig., § 7140; Pope's Dig., § 9126; A.S.A. 1947, § 73-916.

An employee shall not be held to have assumed the risk of his or her employment in any action arising out of any of the provisions of this section and §§ 23-12-501 - 23-12-505 , and 23-12-507 .

Acts 1911, No. 88, § 3; C. & M. Dig., § 7140; Pope's Dig., § 9126; A.S.A. 1947, § 73-916.
Ark. Code Ann. § 23-63-1623 — AR Code / Title 23 / Chapter 63 / Subchapter 16 / Section 23-63-1623
Certificate of authority
Status: in_force

A licensed captive insurance company that meets the necessary requirements of the Arkansas Insurance Code imposed upon an insurer may be considered for issuance of a certificate of authority to act as an insurer in this state. Acts 2001, No. 1391, § 23.

A licensed captive insurance company that meets the necessary requirements of the Arkansas Insurance Code imposed upon an insurer may be considered for issuance of a certificate of authority to act as an insurer in this state.

Acts 2001, No. 1391, § 23.
Ark. Code Ann. § 23-37-804 — AR Code / Title 23 / Chapter 37 / Subchapter 8 / Section 23-37-804
Acts requiring prior approval of the board
Status: in_force

With the prior approval of the Savings and Loan Association Board [abolished] in accordance with § 23-37-807(a) and upon receipt of approval from all other applicable state and federal regulatory authorities having approval authority over the transaction: (1) A company may become an Arkansas savings and loan holding company; (2) An Arkansas savings and loan holding company may acquire: (A) An Arkansas association or other Arkansas savings and loan holding company; (B) A southern region association or a southern region savings and loan holding company; and (C) An association or savings and loan holding company having association offices which are located outside of the southern region as authorized under § 23-37-811(a) ; (3) A southern region savings and loan holding company may acquire a southern region savings and loan holding company having an Arkansas association subsidiary; (4) An Arkansas state association may acquire a southern region association; and (5) A southern region association may acquire an Arkansas state association. Acts 1987, No. 45, § 3.

With the prior approval of the Savings and Loan Association Board [abolished] in accordance with § 23-37-807(a) and upon receipt of approval from all other applicable state and federal regulatory authorities having approval authority over the transaction:

(1) A company may become an Arkansas savings and loan holding company;

(2) An Arkansas savings and loan holding company may acquire: (A) An Arkansas association or other Arkansas savings and loan holding company; (B) A southern region association or a southern region savings and loan holding company; and (C) An association or savings and loan holding company having association offices which are located outside of the southern region as authorized under § 23-37-811(a) ;

(A) An Arkansas association or other Arkansas savings and loan holding company;

(B) A southern region association or a southern region savings and loan holding company; and

(C) An association or savings and loan holding company having association offices which are located outside of the southern region as authorized under § 23-37-811(a) ;

(3) A southern region savings and loan holding company may acquire a southern region savings and loan holding company having an Arkansas association subsidiary;

(4) An Arkansas state association may acquire a southern region association; and

(5) A southern region association may acquire an Arkansas state association.

Acts 1987, No. 45, § 3.
Ark. Code Ann. § 23-17-116 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-116
Fee for initiation of residential telephone service to be payable in installments
Status: in_force

(a) The fee or charge imposed by any telephone company doing business in this state for the initiation of local telephone service at a residential location, but not including contributions in aid of construction, if any, shall be billed to the residential customer in equal monthly installments over a period of six (6) months at the option of the customer if the total installation charges exceed one hundred dollars ($100). (b) If the total installation charges exceed fifty dollars ($50.00) but do not exceed one hundred dollars ($100), the residential customer shall at the option of the customer be billed in equal monthly installments over a period of three (3) months. Acts 1983, No. 810, § 1; A.S.A. 1947, § 73-1821; Acts 1997, No. 915, § 1.

(a) The fee or charge imposed by any telephone company doing business in this state for the initiation of local telephone service at a residential location, but not including contributions in aid of construction, if any, shall be billed to the residential customer in equal monthly installments over a period of six (6) months at the option of the customer if the total installation charges exceed one hundred dollars ($100).

(b) If the total installation charges exceed fifty dollars ($50.00) but do not exceed one hundred dollars ($100), the residential customer shall at the option of the customer be billed in equal monthly installments over a period of three (3) months.

Acts 1983, No. 810, § 1; A.S.A. 1947, § 73-1821; Acts 1997, No. 915, § 1.
Ark. Code Ann. § 23-10-444 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-444
Shipments of coal, corn, or cottonseed - Duty to weigh and furnish correct weight to consignee - Penalty
Status: in_force

(a) All railroads operating in this state are required to keep and maintain track or railroad scales at all stations or depots where as many as one hundred (100) cars of coal, corn, or cottonseed are received annually by the railroad. (b) The railroads are required, at the request of the consignee of a carload of coal, to properly weigh each and every car after the car has reached its destination. The railroad shall furnish to each consignee, upon request, by a written certificate of the weighman, the correct weight of each carload of coal received by the consignee within one (1) day after the car has reached its destination. (c) No consignee shall be required to pay any freight or other railroad charge until furnished with the weights, nor pay any greater amount of freight than is shown by the certificate. (d) Any railroad in this state failing or refusing to comply with any of the provisions of this section shall be subject to a penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), to be paid to the county in which the point of destination lies, for every failure or refusal to comply with the provisions of this section. Each day upon which it may refuse or fail to comply with this section shall constitute a separate offense. Acts 1907, No. 429, §§ 1, 2, p. 1153; C. & M. Dig., §§ 927, 928; Pope's Dig., §§ 1131, 1132; A.S.A. 1947, §§ 73-1342, 73-1343.

(a) All railroads operating in this state are required to keep and maintain track or railroad scales at all stations or depots where as many as one hundred (100) cars of coal, corn, or cottonseed are received annually by the railroad.

(b) The railroads are required, at the request of the consignee of a carload of coal, to properly weigh each and every car after the car has reached its destination. The railroad shall furnish to each consignee, upon request, by a written certificate of the weighman, the correct weight of each carload of coal received by the consignee within one (1) day after the car has reached its destination.

(c) No consignee shall be required to pay any freight or other railroad charge until furnished with the weights, nor pay any greater amount of freight than is shown by the certificate.

(d) Any railroad in this state failing or refusing to comply with any of the provisions of this section shall be subject to a penalty of not less than one hundred dollars ($100) nor more than five hundred dollars ($500), to be paid to the county in which the point of destination lies, for every failure or refusal to comply with the provisions of this section. Each day upon which it may refuse or fail to comply with this section shall constitute a separate offense.

Acts 1907, No. 429, §§ 1, 2, p. 1153; C. & M. Dig., §§ 927, 928; Pope's Dig., §§ 1131, 1132; A.S.A. 1947, §§ 73-1342, 73-1343.
Ark. Code Ann. § 23-81-905 — AR Code / Title 23 / Chapter 81 / Subchapter 9 / Section 23-81-905
Unfair trade practices
Status: in_force

(a) If an insurer fails to comply with this subchapter so frequently as to be a general business practice, then it is a violation of this subchapter and may be subject to the Trade Practices Act, § 23-66-201 et seq. (b) A violation of this subchapter does not create a private right of action. Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.

(a) If an insurer fails to comply with this subchapter so frequently as to be a general business practice, then it is a violation of this subchapter and may be subject to the Trade Practices Act, § 23-66-201 et seq.

(b) A violation of this subchapter does not create a private right of action.

Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.
Ark. Code Ann. § 23-4-1203 — AR Code / Title 23 / Chapter 4 / Subchapter 12 / Section 23-4-1203
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Earned return rate" means a public utility's return on common equity for a formula rate review test period that is based on the numbers or values of the formula rate review test period and calculated by dividing the weighted earned common equity rate by the common equity ratio percentage. (B) As used in subdivision (1)(A) of this section, "weighted earned common equity rate" means the weighted formula rate review test period cost rate for common equity minus the operating income deficiency, or excess, divided by a public utility's rate base; (2) "Formula rate review test period" means a test period as stated in § 23-4-406 or a projected year; (3) "Historical year" means, when using a formula rate review test period containing projections, the twelve (12) consecutive months that precede the second and any subsequent formula rate review test period; (4) "Projected year" means the twelve (12) months following the proposed effective date under § 23-4-1205 for the first formula rate review filing and each subsequent consecutive twelve-month period; and (5) "Target return rate" means a cost rate of common equity value as established by the Arkansas Public Service Commission in the commission's order addressing the public utility's most recent application for a general change in rates and charges. Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.

As used in this subchapter:

(1) (A) "Earned return rate" means a public utility's return on common equity for a formula rate review test period that is based on the numbers or values of the formula rate review test period and calculated by dividing the weighted earned common equity rate by the common equity ratio percentage. (B) As used in subdivision (1)(A) of this section, "weighted earned common equity rate" means the weighted formula rate review test period cost rate for common equity minus the operating income deficiency, or excess, divided by a public utility's rate base;

(A) "Earned return rate" means a public utility's return on common equity for a formula rate review test period that is based on the numbers or values of the formula rate review test period and calculated by dividing the weighted earned common equity rate by the common equity ratio percentage.

(B) As used in subdivision (1)(A) of this section, "weighted earned common equity rate" means the weighted formula rate review test period cost rate for common equity minus the operating income deficiency, or excess, divided by a public utility's rate base;

(2) "Formula rate review test period" means a test period as stated in § 23-4-406 or a projected year;

(3) "Historical year" means, when using a formula rate review test period containing projections, the twelve (12) consecutive months that precede the second and any subsequent formula rate review test period;

(4) "Projected year" means the twelve (12) months following the proposed effective date under § 23-4-1205 for the first formula rate review filing and each subsequent consecutive twelve-month period; and

(5) "Target return rate" means a cost rate of common equity value as established by the Arkansas Public Service Commission in the commission's order addressing the public utility's most recent application for a general change in rates and charges.

Added by Act 2015, No. 725,§ 3, eff. 3/27/2015.
Ark. Code Ann. § 23-61-302 — AR Code / Title 23 / Chapter 61 / Subchapter 3 / Section 23-61-302
Examination, investigation, or hearing - Testimony compelled
Status: in_force

(a) (1) An individual may execute, acknowledge, and file in the State Insurance Department a statement expressly waiving immunity or privilege for any transaction, matter, or thing specified in the statement. (2) If a statement is filed under subdivision (a)(1) of this section, the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise. (b) If testimony or evidence is received or produced under subdivision (a)(2) of this section, the individual is not entitled to any immunity or privilege on account of any testimony he or she may give or evidence produced. Amended by Act 2017, No. 283,§ 7, eff. 8/1/2017. Acts 1959, No. 148, § 37; A.S.A. 1947, § 66-2122.

(a) (1) An individual may execute, acknowledge, and file in the State Insurance Department a statement expressly waiving immunity or privilege for any transaction, matter, or thing specified in the statement. (2) If a statement is filed under subdivision (a)(1) of this section, the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise.

(1) An individual may execute, acknowledge, and file in the State Insurance Department a statement expressly waiving immunity or privilege for any transaction, matter, or thing specified in the statement.

(2) If a statement is filed under subdivision (a)(1) of this section, the testimony of the person or the evidence in relation to the transaction, matter, or thing may be received or produced before any judge or justice, court, tribunal, grand jury, or otherwise.

(b) If testimony or evidence is received or produced under subdivision (a)(2) of this section, the individual is not entitled to any immunity or privilege on account of any testimony he or she may give or evidence produced.

Amended by Act 2017, No. 283,§ 7, eff. 8/1/2017.

Acts 1959, No. 148, § 37; A.S.A. 1947, § 66-2122.
Ark. Code Ann. § 23-79-403 — AR Code / Title 23 / Chapter 79 / Subchapter 4 / Section 23-79-403
Definitions
Status: in_force

As used in this subchapter: (1) "Applicant" means: (A) In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and (B) In the case of a group Medicare supplement policy, the proposed certificate holder; (2) "Certificate" means any certificate delivered or issued for delivery in this state under a group Medicare supplement policy; (3) "Certificate form" means the form on which the certificate is delivered or issued for delivery by the issuer; (4) "Commissioner" means the Insurance Commissioner; (5) "Issuer" includes insurance companies, fraternal benefit societies, healthcare service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state Medicare supplement policies or certificates; (6) "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended; (7) "Medicare supplement policy" means a group or individual policy of accident and health insurance, a subscriber contract of a hospital and medical service corporation or health maintenance organization other than a policy issued pursuant to a contract under section 1876 or section 1833 of the Social Security Act, or an issued policy under a demonstration project authorized pursuant to amendments to the federal Social Security Act that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of persons eligible for Medicare; and (8) "Policy form" means the form on which the policy is delivered or issued for delivery by the issuer. Acts 1992 (1st Ex. Sess.), No. 72, § 3; 2001, No. 1603, § 34.

As used in this subchapter:

(1) "Applicant" means: (A) In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and (B) In the case of a group Medicare supplement policy, the proposed certificate holder;

(A) In the case of an individual Medicare supplement policy, the person who seeks to contract for insurance benefits; and

(B) In the case of a group Medicare supplement policy, the proposed certificate holder;

(2) "Certificate" means any certificate delivered or issued for delivery in this state under a group Medicare supplement policy;

(3) "Certificate form" means the form on which the certificate is delivered or issued for delivery by the issuer;

(4) "Commissioner" means the Insurance Commissioner;

(5) "Issuer" includes insurance companies, fraternal benefit societies, healthcare service plans, health maintenance organizations, and any other entity delivering or issuing for delivery in this state Medicare supplement policies or certificates;

(6) "Medicare" means the Health Insurance for the Aged Act, Title XVIII of the Social Security Amendments of 1965, as then constituted or later amended;

(7) "Medicare supplement policy" means a group or individual policy of accident and health insurance, a subscriber contract of a hospital and medical service corporation or health maintenance organization other than a policy issued pursuant to a contract under section 1876 or section 1833 of the Social Security Act, or an issued policy under a demonstration project authorized pursuant to amendments to the federal Social Security Act that is advertised, marketed, or designed primarily as a supplement to reimbursements under Medicare for the hospital, medical, or surgical expenses of persons eligible for Medicare; and

(8) "Policy form" means the form on which the policy is delivered or issued for delivery by the issuer.

Acts 1992 (1st Ex. Sess.), No. 72, § 3; 2001, No. 1603, § 34.
Ark. Code Ann. § 23-86-203 — AR Code / Title 23 / Chapter 86 / Subchapter 2 / Section 23-86-203
Health insurance plans subject to this subchapter
Status: in_force

(a) Except as provided in subsection (b) of this section, the provisions of this subchapter apply to any health benefit plan that provided coverage to two (2) or more employees of a small employer. (b) The provisions of this subchapter shall not apply to individual health insurance policies that are subject to policy form and premium rate approval as provided in § 23-79-109 and § 23-85-101 et seq. Acts 1991, No. 1143, § 2; 2001, No. 1063, § 22.

(a) Except as provided in subsection (b) of this section, the provisions of this subchapter apply to any health benefit plan that provided coverage to two (2) or more employees of a small employer.

(b) The provisions of this subchapter shall not apply to individual health insurance policies that are subject to policy form and premium rate approval as provided in § 23-79-109 and § 23-85-101 et seq.

Acts 1991, No. 1143, § 2; 2001, No. 1063, § 22.
Ark. Code Ann. § 23-2-103 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-103
Offices - Place of hearings and investigations
Status: in_force

(a) The office of the Arkansas Public Service Commission shall be in Little Rock, Arkansas, but the commission may conduct hearings and make investigations anywhere in the different parts of the state when, in the opinion of the commission, the hearings will best serve the interest and convenience of the public. (b) When a formal proceeding to consider a general change or modification in the rates and charges of a public utility has been initiated before the commission, the commission shall conduct a hearing for the purpose of receiving public comment in an appropriate location or locations within the service territory of the public utility. Amended by Act 2017, No. 334,§ 1, eff. 8/1/2017. Acts 1945, No. 40, § 1; A.S.A. 1947, § 73-104; Acts 1999, No. 1072, § 1.

(a) The office of the Arkansas Public Service Commission shall be in Little Rock, Arkansas, but the commission may conduct hearings and make investigations anywhere in the different parts of the state when, in the opinion of the commission, the hearings will best serve the interest and convenience of the public.

(b) When a formal proceeding to consider a general change or modification in the rates and charges of a public utility has been initiated before the commission, the commission shall conduct a hearing for the purpose of receiving public comment in an appropriate location or locations within the service territory of the public utility.

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

Acts 1945, No. 40, § 1; A.S.A. 1947, § 73-104; Acts 1999, No. 1072, § 1.
Ark. Code Ann. § 23-40-118 — AR Code / Title 23 / Chapter 40 / Section 23-40-118
Agent for deposit of contract proceeds
Status: in_force

(a) Each organization subject to this chapter shall designate an agent or agents, either by names of the individuals or by titles of their offices or positions, who shall be responsible for the deposit of contract proceeds collected under contracts for prepaid funeral benefits. The organization shall notify the Insurance Commissioner of the designation within ten (10) days after it becomes subject to this chapter and shall also notify the commissioner of any change in the designation within ten (10) days after the change occurs. (b) If any person acting on behalf of the seller collects any contract proceeds under a contract for prepaid funeral benefits and fails to deliver it within ten (10) days after collection to a designated agent, or if any designated agent fails to deposit the contract proceeds within twenty (20) days after receipt of proceeds, he or she shall be punished as prescribed in § 23-40-106(a)(2) . Acts 1985, No. 156, § 10; A.S.A. 1947, § 67-1722; Acts 1995, No. 852, § 10; 2001, No. 1043, § 4.

(a) Each organization subject to this chapter shall designate an agent or agents, either by names of the individuals or by titles of their offices or positions, who shall be responsible for the deposit of contract proceeds collected under contracts for prepaid funeral benefits. The organization shall notify the Insurance Commissioner of the designation within ten (10) days after it becomes subject to this chapter and shall also notify the commissioner of any change in the designation within ten (10) days after the change occurs.

(b) If any person acting on behalf of the seller collects any contract proceeds under a contract for prepaid funeral benefits and fails to deliver it within ten (10) days after collection to a designated agent, or if any designated agent fails to deposit the contract proceeds within twenty (20) days after receipt of proceeds, he or she shall be punished as prescribed in § 23-40-106(a)(2) .

Acts 1985, No. 156, § 10; A.S.A. 1947, § 67-1722; Acts 1995, No. 852, § 10; 2001, No. 1043, § 4.
Ark. Code Ann. § 23-65-303 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-303
Insurer not admitted
Status: in_force

(a) The permission granted in this law to place any insurance in a nonadmitted insurer shall not be deemed or construed to authorize that insurer to otherwise transact an insurance business in this state. Further, this limited permission shall not be deemed or construed so as to exempt nonadmitted insurers from the principles of the common law of insurance or from the same statutory and common law penalties that may attach in favor of insureds in the event of disputes or litigation between insureds and admitted insurers. (b) A contract of insurance carried out by an unauthorized insurer in violation of this subchapter is voidable at the instance of the insured. Amended by Act 2013, No. 355,§ 7, eff. 8/16/2013. Acts 1959, No. 148, § 193; A.S.A. 1947, § 66-2913; Acts 1993, No. 118, § 1; 2011, No. 1055, § 2.

(a) The permission granted in this law to place any insurance in a nonadmitted insurer shall not be deemed or construed to authorize that insurer to otherwise transact an insurance business in this state. Further, this limited permission shall not be deemed or construed so as to exempt nonadmitted insurers from the principles of the common law of insurance or from the same statutory and common law penalties that may attach in favor of insureds in the event of disputes or litigation between insureds and admitted insurers.

(b) A contract of insurance carried out by an unauthorized insurer in violation of this subchapter is voidable at the instance of the insured.

Amended by Act 2013, No. 355,§ 7, eff. 8/16/2013.

Acts 1959, No. 148, § 193; A.S.A. 1947, § 66-2913; Acts 1993, No. 118, § 1; 2011, No. 1055, § 2.
Ark. Code Ann. § 23-69-315 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-315
Annual statements
Status: in_force

A mutual insurance holding company shall: (1) File with the Insurance Commissioner by March 1 of each year an annual statement consisting of an income statement, balance sheet, and cash flows prepared in accordance with generally accepted accounting practices and a confidential statement disclosing any intention to pledge, borrow against, alienate, hypothecate, or in any way encumber the assets of the mutual insurance holding company; and (2) Have an annual audit by an independent certified public accountant in a form approved by the commissioner and shall file the audit on or before June 1 of each year for the year ending December 31 immediately preceding. Acts 2001, No. 1726, § 1.

A mutual insurance holding company shall:

(1) File with the Insurance Commissioner by March 1 of each year an annual statement consisting of an income statement, balance sheet, and cash flows prepared in accordance with generally accepted accounting practices and a confidential statement disclosing any intention to pledge, borrow against, alienate, hypothecate, or in any way encumber the assets of the mutual insurance holding company; and

(2) Have an annual audit by an independent certified public accountant in a form approved by the commissioner and shall file the audit on or before June 1 of each year for the year ending December 31 immediately preceding.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-65-313 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-313
Records of surplus lines brokers
Status: in_force

(a) Each surplus lines broker shall keep in his or her office a full and true record of each of his or her surplus lines contracts procured within this state where this state is the home state of the insured, including a copy of the daily report, if any, and showing the following items as applicable: (1) Amount of the insurance; (2) Gross premium charged; (3) Return premium paid, if any; (4) Rate of premium charged upon the several items of property; (5) Effective date of the contract and the contract terms; (6) Name and address of the insurer; (7) Name and address of the insured; (8) Brief general description of property insured and where located; and (9) Other information as required by the Insurance Commissioner. (b) The records shall be open to examination by the commissioner and shall be kept available and open to inspection by the commissioner for the next five (5) years following the termination of the contracts. Acts 1959, No. 148, § 199; A.S.A. 1947, § 66-2919; Acts 2001, No. 1555, § 7; 2011, No. 1055, § 2.

(a) Each surplus lines broker shall keep in his or her office a full and true record of each of his or her surplus lines contracts procured within this state where this state is the home state of the insured, including a copy of the daily report, if any, and showing the following items as applicable: (1) Amount of the insurance; (2) Gross premium charged; (3) Return premium paid, if any; (4) Rate of premium charged upon the several items of property; (5) Effective date of the contract and the contract terms; (6) Name and address of the insurer; (7) Name and address of the insured; (8) Brief general description of property insured and where located; and (9) Other information as required by the Insurance Commissioner.

(1) Amount of the insurance;

(2) Gross premium charged;

(3) Return premium paid, if any;

(4) Rate of premium charged upon the several items of property;

(5) Effective date of the contract and the contract terms;

(6) Name and address of the insurer;

(7) Name and address of the insured;

(8) Brief general description of property insured and where located; and

(9) Other information as required by the Insurance Commissioner.

(b) The records shall be open to examination by the commissioner and shall be kept available and open to inspection by the commissioner for the next five (5) years following the termination of the contracts.

Acts 1959, No. 148, § 199; A.S.A. 1947, § 66-2919; Acts 2001, No. 1555, § 7; 2011, No. 1055, § 2.
Ark. Code Ann. § 23-10-403 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-403
Application of sections 23-10-402, 23-10-405, 23-10-406, 23-10-409 - 23-10-431
Status: in_force

Sections 23-10-402 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers. Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.

Sections 23-10-402 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-431 shall not apply to railroads under two (2) miles in length nor to railroads that are not public carriers.

Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.
Ark. Code Ann. § 23-16-102 — AR Code / Title 23 / Chapter 16 / Subchapter 1 / Section 23-16-102
Subchapter cumulative
Status: in_force

This subchapter shall be construed as being cumulative as to the terms and provisions of Acts 1935, No. 324, Acts 1945, No. 40, and the Arkansas Air Commerce Act, § 23-14-101 et seq., except as otherwise provided in § 23-3-109 . Acts 1949, No. 262, § 8; A.S.A. 1947, § 73-274.

This subchapter shall be construed as being cumulative as to the terms and provisions of Acts 1935, No. 324, Acts 1945, No. 40, and the Arkansas Air Commerce Act, § 23-14-101 et seq., except as otherwise provided in § 23-3-109 .

Acts 1949, No. 262, § 8; A.S.A. 1947, § 73-274.
Ark. Code Ann. § 23-114-404 — AR Code / Title 23 / Chapter 114 / Subchapter 4 / Section 23-114-404
Admission to games of bingo
Status: in_force

(a) A person shall not be denied admission to a raffle or a game of bingo or the opportunity to participate in a raffle or a game of bingo because of race, color, creed, religion, national origin, sex, or disability or because the person is not a member of the licensed authorized organization conducting the raffle or game of bingo. (b) No individual under eighteen (18) years of age may play a game of bingo or purchase raffle tickets from a licensed authorized organization. Acts 2007, No. 388, § 1.

(a) A person shall not be denied admission to a raffle or a game of bingo or the opportunity to participate in a raffle or a game of bingo because of race, color, creed, religion, national origin, sex, or disability or because the person is not a member of the licensed authorized organization conducting the raffle or game of bingo.

(b) No individual under eighteen (18) years of age may play a game of bingo or purchase raffle tickets from a licensed authorized organization.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-13-259 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-259
Lessor to unauthorized persons deemed motor carrier
Status: in_force

Any person who, by lease or otherwise, permits the use of a motor vehicle by other than a carrier holding authority from the Arkansas Department of Transportation and who furnishes in connection therewith a driver, either directly or indirectly, or in any manner whatsoever exercises any control, or assumes any responsibility over the operation of the vehicle, during the period of the lease or other device, shall be deemed a motor carrier. Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.

Any person who, by lease or otherwise, permits the use of a motor vehicle by other than a carrier holding authority from the Arkansas Department of Transportation and who furnishes in connection therewith a driver, either directly or indirectly, or in any manner whatsoever exercises any control, or assumes any responsibility over the operation of the vehicle, during the period of the lease or other device, shall be deemed a motor carrier.

Acts 1955, No. 397, § 22; A.S.A. 1947, § 73-1775.
Ark. Code Ann. § 23-2-301 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-301
Powers and jurisdiction of commission generally
Status: in_force

The commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in § 23-1-101 and to do all things, whether specifically designated in this act, that may be necessary or expedient in the exercise of such power and jurisdiction, or in the discharge of its duty. Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.

The commission is vested with the power and jurisdiction, and it is made its duty, to supervise and regulate every public utility defined in § 23-1-101 and to do all things, whether specifically designated in this act, that may be necessary or expedient in the exercise of such power and jurisdiction, or in the discharge of its duty.

Acts 1935, No. 324, § 8; Pope's Dig., § 2071; A.S.A. 1947, § 73-202.
Ark. Code Ann. § 23-49-120 — AR Code / Title 23 / Chapter 49 / Section 23-49-120
Voluntarily placing an institution in possession of commissioner
Status: in_force

(a) Any institution may place its affairs and assets under the control of the Bank Commissioner by posting a notice on its front door as follows: "This financial institution is in the possession of the Arkansas State Bank Commissioner". (b) The posting of the notice or the taking possession of any institution by the commissioner shall be sufficient to place all of the assets and property of whatever nature in the possession of the commissioner and shall operate as a bar to and dissolution of any attachment proceedings. Acts 1997, No. 89, § 1.

(a) Any institution may place its affairs and assets under the control of the Bank Commissioner by posting a notice on its front door as follows: "This financial institution is in the possession of the Arkansas State Bank Commissioner".

(b) The posting of the notice or the taking possession of any institution by the commissioner shall be sufficient to place all of the assets and property of whatever nature in the possession of the commissioner and shall operate as a bar to and dissolution of any attachment proceedings.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-76-118 — AR Code / Title 23 / Chapter 76 / Section 23-76-118
[Repealed]
Status: repealed

Repealed by Act 2021, No. 367,§ 22, eff. 7/28/2021. Acts 1975, No. 454, § 14; A.S.A. 1947, § 66-5214; Acts 1997, No. 958, § 1; Acts 2001, No. 1702, § 1.

Repealed by Act 2021, No. 367,§ 22, eff. 7/28/2021.

Acts 1975, No. 454, § 14; A.S.A. 1947, § 66-5214; Acts 1997, No. 958, § 1; Acts 2001, No. 1702, § 1.
Ark. Code Ann. § 23-3-112 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-112
Forms sent to utilities to be filled out and returned
Status: in_force

(a) Any public utility receiving from the commission any blanks with directions to fill the blanks shall cause the blanks to be properly filled out so as to answer fully, specifically, and correctly every question therein propounded. (b) (1) Answers shall be verified under oath by the president, secretary, superintendent, or general manager of the public utility and returned to the commission at its office within a reasonable time, or within the period fixed by the commission. (2) In case the public utility is unable to answer any questions, it shall give a good and sufficient reason for such a failure. Acts 1935, No. 324, § 55; Pope's Dig., § 2115; A.S.A. 1947, § 73-251.

(a) Any public utility receiving from the commission any blanks with directions to fill the blanks shall cause the blanks to be properly filled out so as to answer fully, specifically, and correctly every question therein propounded.

(b) (1) Answers shall be verified under oath by the president, secretary, superintendent, or general manager of the public utility and returned to the commission at its office within a reasonable time, or within the period fixed by the commission. (2) In case the public utility is unable to answer any questions, it shall give a good and sufficient reason for such a failure.

(1) Answers shall be verified under oath by the president, secretary, superintendent, or general manager of the public utility and returned to the commission at its office within a reasonable time, or within the period fixed by the commission.

(2) In case the public utility is unable to answer any questions, it shall give a good and sufficient reason for such a failure.

Acts 1935, No. 324, § 55; Pope's Dig., § 2115; A.S.A. 1947, § 73-251.
Ark. Code Ann. § 23-79-203 — AR Code / Title 23 / Chapter 79 / Subchapter 2 / Section 23-79-203
Trial by jury
Status: in_force

(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract. (b) All such provisions, conditions, or agreements shall be void. Acts 1959, No. 148, § 300; A.S.A. 1947, § 66-3233.

(a) No insurance policy or annuity contract shall contain any condition, provision, or agreement which directly or indirectly deprives the insured or beneficiary of the right to trial by jury on any question of fact arising under the policy or contract.

(b) All such provisions, conditions, or agreements shall be void.

Acts 1959, No. 148, § 300; A.S.A. 1947, § 66-3233.
Ark. Code Ann. § 23-61-304 — AR Code / Title 23 / Chapter 61 / Subchapter 3 / Section 23-61-304
Hearing - Notice
Status: in_force

(a) Not less than ten (10) days in advance, the Insurance Commissioner shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing. (b) If the persons to be given notice are not specified in the provisions pursuant to which the hearing is held, the commissioner shall give notice to all persons to be directly and immediately affected by the hearing. Acts 1959, No. 148, § 39; 1979, No. 942, § 3; A.S.A. 1947, § 66-2124.

(a) Not less than ten (10) days in advance, the Insurance Commissioner shall give notice of the time and place of the hearing, stating the matters to be considered at the hearing.

(b) If the persons to be given notice are not specified in the provisions pursuant to which the hearing is held, the commissioner shall give notice to all persons to be directly and immediately affected by the hearing.

Acts 1959, No. 148, § 39; 1979, No. 942, § 3; A.S.A. 1947, § 66-2124.
Ark. Code Ann. § 23-48-605 — AR Code / Title 23 / Chapter 48 / Subchapter 6 / Section 23-48-605
State bank and holding company to remain separate - Nonliability of directors, officers, etc
Status: in_force

The state bank and the bank holding company shall remain separate and distinct entities in all respects, with neither entity having any liability to the creditors or depositors, if any, or the stockholders of the other, or for any acts or omissions of the officers, directors, stockholders, or representatives of the other, other than obligations which may be expressly provided for in the plan of exchange. Acts 1997, No. 89, § 1; 1999, No. 117, § 3.

The state bank and the bank holding company shall remain separate and distinct entities in all respects, with neither entity having any liability to the creditors or depositors, if any, or the stockholders of the other, or for any acts or omissions of the officers, directors, stockholders, or representatives of the other, other than obligations which may be expressly provided for in the plan of exchange.

Acts 1997, No. 89, § 1; 1999, No. 117, § 3.