Ark. Code Ann. § 23-18-703 — AR Code / Title 23 / Chapter 18 / Subchapter 7 / Section 23-18-703
Authority of commission
Status: in_force

(a) (1) The Arkansas Public Service Commission may consider, propose, develop, solicit, approve, implement, and monitor measures by electric and natural gas public utilities subject to its jurisdiction that cause the electric and natural gas public utilities to incur costs of service and investments that utilize, generate, or involve clean energy resources or renewable energy resources, or both. (2) (A) The commission may encourage or require electric and natural gas public utilities subject to its jurisdiction to consider clean energy or renewable energy resources, or both, as part of any resource plan or natural gas procurement plan. (B) If the commission approves the use of a clean energy resource or renewable energy resource in the form of a biofuel by an electric or natural gas public utility in a manner that displaces an energy equivalent of fossil fuels, the use of the clean energy resource or renewable energy resource may: (i) Be included as part of the electric or natural gas public utility's energy efficiency or conservation program under the Energy Conservation Endorsement Act of 1977, § 23-3-401 et seq.; and (ii) Apply toward the satisfaction of the electric or natural gas public utility's energy efficiency or conservation goals established by the commission or by law. (3) After proper notice and hearings, the commission may approve any clean energy resource or renewable energy resource that it determines to be in the public interest. (4) If the commission determines that the cost of a clean energy resource or renewable energy resource is in the public interest, the commission may allow the affected electric or natural gas public utility to implement a temporary surcharge or utilize an existing commission-approved cost-recovery mechanism to recover the appropriate costs of such a resource until the implementation of new rate schedules in connection with the electric or natural gas public utility's next general rate filing in which such costs can be included in the electric or natural gas public utility's base rate schedules or for continued recovery through an approved appropriate tariff. (b) Nothing in this subchapter shall be construed as limiting or diminishing the authority of the commission to order, require, promote, or engage in any other energy resource practices or procedures. Acts 2007, No. 755, § 1; 2009, No. 164, § 9; 2011, No. 735, § 3.

(a) (1) The Arkansas Public Service Commission may consider, propose, develop, solicit, approve, implement, and monitor measures by electric and natural gas public utilities subject to its jurisdiction that cause the electric and natural gas public utilities to incur costs of service and investments that utilize, generate, or involve clean energy resources or renewable energy resources, or both. (2) (A) The commission may encourage or require electric and natural gas public utilities subject to its jurisdiction to consider clean energy or renewable energy resources, or both, as part of any resource plan or natural gas procurement plan. (B) If the commission approves the use of a clean energy resource or renewable energy resource in the form of a biofuel by an electric or natural gas public utility in a manner that displaces an energy equivalent of fossil fuels, the use of the clean energy resource or renewable energy resource may: (i) Be included as part of the electric or natural gas public utility's energy efficiency or conservation program under the Energy Conservation Endorsement Act of 1977, § 23-3-401 et seq.; and (ii) Apply toward the satisfaction of the electric or natural gas public utility's energy efficiency or conservation goals established by the commission or by law. (3) After proper notice and hearings, the commission may approve any clean energy resource or renewable energy resource that it determines to be in the public interest. (4) If the commission determines that the cost of a clean energy resource or renewable energy resource is in the public interest, the commission may allow the affected electric or natural gas public utility to implement a temporary surcharge or utilize an existing commission-approved cost-recovery mechanism to recover the appropriate costs of such a resource until the implementation of new rate schedules in connection with the electric or natural gas public utility's next general rate filing in which such costs can be included in the electric or natural gas public utility's base rate schedules or for continued recovery through an approved appropriate tariff.

(1) The Arkansas Public Service Commission may consider, propose, develop, solicit, approve, implement, and monitor measures by electric and natural gas public utilities subject to its jurisdiction that cause the electric and natural gas public utilities to incur costs of service and investments that utilize, generate, or involve clean energy resources or renewable energy resources, or both.

(2) (A) The commission may encourage or require electric and natural gas public utilities subject to its jurisdiction to consider clean energy or renewable energy resources, or both, as part of any resource plan or natural gas procurement plan. (B) If the commission approves the use of a clean energy resource or renewable energy resource in the form of a biofuel by an electric or natural gas public utility in a manner that displaces an energy equivalent of fossil fuels, the use of the clean energy resource or renewable energy resource may: (i) Be included as part of the electric or natural gas public utility's energy efficiency or conservation program under the Energy Conservation Endorsement Act of 1977, § 23-3-401 et seq.; and (ii) Apply toward the satisfaction of the electric or natural gas public utility's energy efficiency or conservation goals established by the commission or by law.

(A) The commission may encourage or require electric and natural gas public utilities subject to its jurisdiction to consider clean energy or renewable energy resources, or both, as part of any resource plan or natural gas procurement plan.

(B) If the commission approves the use of a clean energy resource or renewable energy resource in the form of a biofuel by an electric or natural gas public utility in a manner that displaces an energy equivalent of fossil fuels, the use of the clean energy resource or renewable energy resource may: (i) Be included as part of the electric or natural gas public utility's energy efficiency or conservation program under the Energy Conservation Endorsement Act of 1977, § 23-3-401 et seq.; and (ii) Apply toward the satisfaction of the electric or natural gas public utility's energy efficiency or conservation goals established by the commission or by law.

(i) Be included as part of the electric or natural gas public utility's energy efficiency or conservation program under the Energy Conservation Endorsement Act of 1977, § 23-3-401 et seq.; and

(ii) Apply toward the satisfaction of the electric or natural gas public utility's energy efficiency or conservation goals established by the commission or by law.

(3) After proper notice and hearings, the commission may approve any clean energy resource or renewable energy resource that it determines to be in the public interest.

(4) If the commission determines that the cost of a clean energy resource or renewable energy resource is in the public interest, the commission may allow the affected electric or natural gas public utility to implement a temporary surcharge or utilize an existing commission-approved cost-recovery mechanism to recover the appropriate costs of such a resource until the implementation of new rate schedules in connection with the electric or natural gas public utility's next general rate filing in which such costs can be included in the electric or natural gas public utility's base rate schedules or for continued recovery through an approved appropriate tariff.

(b) Nothing in this subchapter shall be construed as limiting or diminishing the authority of the commission to order, require, promote, or engage in any other energy resource practices or procedures.

Acts 2007, No. 755, § 1; 2009, No. 164, § 9; 2011, No. 735, § 3.
Ark. Code Ann. § 23-14-102 — AR Code / Title 23 / Chapter 14 / Section 23-14-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Air commerce" means the carriage by aircraft of persons or property, or any class or classes thereof, including express, for compensation or hire in intrastate commerce in this state, including the carriage by aircraft of persons or property which move partly by aircraft and partly by other forms of transportation; (2) "Aircraft" means any contrivance invented, used, or designed for the navigation of or flight in the air; (3) "Common carrier by aircraft" means any person that holds itself out to the general public, whether directly or indirectly or by a lease or any other arrangement, over regular routes, to engage in air commerce. It shall include any person that, under individual contracts or agreements, engages in regular operation of one (1) or more aircraft for the transportation of passengers or property for compensation; (4) [Repealed.] (5) "Overcharges" means charges for transportation service in excess of those applicable thereto under the tariffs lawfully on file with the department; (6) "Person" means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof; and (7) The "services" and "transportation" to which this chapter applies includes all aircraft operated by, for, or in the interest of any common carrier by aircraft irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier and used in air commerce or in the performance of any service in connection therewith. Amended by Act 2017, No. 707,§ 233, eff. 8/1/2017. Acts 1945, No. 252, § 1; A.S.A. 1947, § 74-401.

As used in this chapter, unless the context otherwise requires:

(1) "Air commerce" means the carriage by aircraft of persons or property, or any class or classes thereof, including express, for compensation or hire in intrastate commerce in this state, including the carriage by aircraft of persons or property which move partly by aircraft and partly by other forms of transportation;

(2) "Aircraft" means any contrivance invented, used, or designed for the navigation of or flight in the air;

(3) "Common carrier by aircraft" means any person that holds itself out to the general public, whether directly or indirectly or by a lease or any other arrangement, over regular routes, to engage in air commerce. It shall include any person that, under individual contracts or agreements, engages in regular operation of one (1) or more aircraft for the transportation of passengers or property for compensation;

(4) [Repealed.]

(5) "Overcharges" means charges for transportation service in excess of those applicable thereto under the tariffs lawfully on file with the department;

(6) "Person" means any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof; and

(7) The "services" and "transportation" to which this chapter applies includes all aircraft operated by, for, or in the interest of any common carrier by aircraft irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier and used in air commerce or in the performance of any service in connection therewith.

Amended by Act 2017, No. 707,§ 233, eff. 8/1/2017.

Acts 1945, No. 252, § 1; A.S.A. 1947, § 74-401.
Ark. Code Ann. § 23-48-505 — AR Code / Title 23 / Chapter 48 / Subchapter 5 / Section 23-48-505
Merger of state bank into an out-of-state state-chartered bank
Status: in_force

(a) Subject to the provisions of this subchapter and provided that no Arkansas bank which is a party to the merger has a de novo charter, a state bank may merge into an out-of-state bank. (b) The action to be taken by a merging state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed for the out-of-state state-chartered banks, at the time of the action, by the laws of the home state of the out-of-state state-chartered bank, and not by the law of this state, except that: (1) The assenting vote of the holders of a simple majority of each class of voting stock of a state bank shall be required for the merger; and (2) Upon the merger of a state bank into an out-of-state state-chartered bank, the stockholders of the state bank shall have dissenters' rights. (c) The merger shall only be consummated after compliance with all applicable provisions of § 23-48-901 et seq. (d) Upon the completion of the merger, the charter of any merging state bank shall automatically terminate. Acts 1997, No. 408, § 15.

(a) Subject to the provisions of this subchapter and provided that no Arkansas bank which is a party to the merger has a de novo charter, a state bank may merge into an out-of-state bank.

(b) The action to be taken by a merging state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed for the out-of-state state-chartered banks, at the time of the action, by the laws of the home state of the out-of-state state-chartered bank, and not by the law of this state, except that: (1) The assenting vote of the holders of a simple majority of each class of voting stock of a state bank shall be required for the merger; and (2) Upon the merger of a state bank into an out-of-state state-chartered bank, the stockholders of the state bank shall have dissenters' rights.

(1) The assenting vote of the holders of a simple majority of each class of voting stock of a state bank shall be required for the merger; and

(2) Upon the merger of a state bank into an out-of-state state-chartered bank, the stockholders of the state bank shall have dissenters' rights.

(c) The merger shall only be consummated after compliance with all applicable provisions of § 23-48-901 et seq.

(d) Upon the completion of the merger, the charter of any merging state bank shall automatically terminate.

Acts 1997, No. 408, § 15.
Ark. Code Ann. § 23-62-105 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-105
Casualty insurance
Status: in_force

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, "casualty insurance" includes: (1) Vehicle Insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability, or expense resulting from or incidental to ownership, maintenance, or use of the vehicle, aircraft, or animal, together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if the insurance is issued as an incidental part of insurance on the vehicle, aircraft, or draft or riding animal; (2) Liability Insurance. Insurance against legal liability for the death, injury, or disability of any human being or for damage to property and the provision of medical, hospital, surgical, disability, or accident and health benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance; (3) Workers' Compensation and Employer's Liability. Insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees; (4) Burglary and Theft. Insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation; or wrongful conversion, disposal, or concealment; or from any attempt at any of the foregoing; including supplemental coverage for medical, hospital, surgical, and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery, or theft by another; also insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers and documents, resulting from any cause; (5) Personal Property Floater. Insurance upon personal effects against loss or damage from any cause under a personal property floater; (6) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation, and fittings; (7) Boiler and Machinery. Insurance against any liability and loss or damage to property or interest therein resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery, or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery, and apparatus of any kind, whether or not insured; (8) Leakage and Fire Extinguishing Equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings and insurance against loss or damage to sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus; (9) Credit. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured; (10) Malpractice. Insurance against legal liability of the insured and against loss, damage, or expense incidental to a claim of liability including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary, or professional service. However, malpractice insurance shall not include abstractor's professional liability insurance; (11) Livestock. Insurance against loss or damage to livestock and for services of a veterinarian for those animals; (12) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation thereof due to death, accidental injury, or sickness of performers, participants, directors, or other principals; (13) Elevator. Insurance against loss of or damage to any property of the insured resulting from the ownership, maintenance, or use of elevators, escalators, and moving stairways, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon elevators, escalators, and moving stairways; (14) Abstractor's Professional Liability. Insurance against legal liability of the insured, and against loss, damage, or expense incidental to a claim of liability arising out of damage to the economic interest of any person as the result of negligence in rendering the professional service of an abstractor; (15) Mortgage Lien Protection. (A) Insurance issued at the time a loan is originated to indemnify a lender against loss from a borrower's misrepresentation or nondisclosure of an outstanding lien encumbering the borrower's property if the lender has no actual knowledge of the lien. (B) Mortgage lien protection shall not be issued for: (i) A transaction involving: (a) A purchase money mortgage; or (b) A transfer of title; (ii) Coverage beyond the term of the loan; (iii) Coverage for a diminution in value of secured property; or (iv) Coverage in excess of two hundred fifty thousand dollars ($250,000). (C) The borrower's credit score shall not be used to determine the amount or cost of mortgage lien protection. (D) Mortgage lien protection insurance shall not include any other insurance coverage that may be issued by a title insurer as defined in § 23-103-402 ; and (16) Miscellaneous. Insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this subchapter and §§ 23-62-201 , 23-62-202 , 23-62-204 , 23-62-205 , and 23-63-701 if that insurance is not disapproved by the Insurance Commissioner as being contrary to law or public policy. (b) Provision of medical, hospital, surgical, and funeral benefits and of coverage against accidental death or injury as incidental to and part of other insurance as stated under subdivisions (a)(1), (2), (4), and (10) of this section shall for all purposes be deemed to be the same kind of insurance to which it is so incidental and shall not be subject to provisions of the Arkansas Insurance Code applicable to life insurance or accident and health insurance. Amended by Act 2017, No. 1082,§ 1, eff. 8/1/2017. Acts 1959, No. 148, § 76; 1985, No. 744, § 2; A.S.A. 1947, § 66-2405; Acts 2001, No. 1603, §§ 4, 5; 2009, No. 210, § 1.

(a) As used in the Arkansas Insurance Code, unless the context otherwise requires, "casualty insurance" includes: (1) Vehicle Insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability, or expense resulting from or incidental to ownership, maintenance, or use of the vehicle, aircraft, or animal, together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if the insurance is issued as an incidental part of insurance on the vehicle, aircraft, or draft or riding animal; (2) Liability Insurance. Insurance against legal liability for the death, injury, or disability of any human being or for damage to property and the provision of medical, hospital, surgical, disability, or accident and health benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance; (3) Workers' Compensation and Employer's Liability. Insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees; (4) Burglary and Theft. Insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation; or wrongful conversion, disposal, or concealment; or from any attempt at any of the foregoing; including supplemental coverage for medical, hospital, surgical, and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery, or theft by another; also insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers and documents, resulting from any cause; (5) Personal Property Floater. Insurance upon personal effects against loss or damage from any cause under a personal property floater; (6) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation, and fittings; (7) Boiler and Machinery. Insurance against any liability and loss or damage to property or interest therein resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery, or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery, and apparatus of any kind, whether or not insured; (8) Leakage and Fire Extinguishing Equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings and insurance against loss or damage to sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus; (9) Credit. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured; (10) Malpractice. Insurance against legal liability of the insured and against loss, damage, or expense incidental to a claim of liability including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary, or professional service. However, malpractice insurance shall not include abstractor's professional liability insurance; (11) Livestock. Insurance against loss or damage to livestock and for services of a veterinarian for those animals; (12) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation thereof due to death, accidental injury, or sickness of performers, participants, directors, or other principals; (13) Elevator. Insurance against loss of or damage to any property of the insured resulting from the ownership, maintenance, or use of elevators, escalators, and moving stairways, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon elevators, escalators, and moving stairways; (14) Abstractor's Professional Liability. Insurance against legal liability of the insured, and against loss, damage, or expense incidental to a claim of liability arising out of damage to the economic interest of any person as the result of negligence in rendering the professional service of an abstractor; (15) Mortgage Lien Protection. (A) Insurance issued at the time a loan is originated to indemnify a lender against loss from a borrower's misrepresentation or nondisclosure of an outstanding lien encumbering the borrower's property if the lender has no actual knowledge of the lien. (B) Mortgage lien protection shall not be issued for: (i) A transaction involving: (a) A purchase money mortgage; or (b) A transfer of title; (ii) Coverage beyond the term of the loan; (iii) Coverage for a diminution in value of secured property; or (iv) Coverage in excess of two hundred fifty thousand dollars ($250,000). (C) The borrower's credit score shall not be used to determine the amount or cost of mortgage lien protection. (D) Mortgage lien protection insurance shall not include any other insurance coverage that may be issued by a title insurer as defined in § 23-103-402 ; and (16) Miscellaneous. Insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this subchapter and §§ 23-62-201 , 23-62-202 , 23-62-204 , 23-62-205 , and 23-63-701 if that insurance is not disapproved by the Insurance Commissioner as being contrary to law or public policy.

(1) Vehicle Insurance. Insurance against loss of or damage to any land vehicle or aircraft or any draft or riding animal or to property while contained therein or thereon or being loaded or unloaded therein or therefrom, from any hazard or cause, and against any loss, liability, or expense resulting from or incidental to ownership, maintenance, or use of the vehicle, aircraft, or animal, together with insurance against accidental death or accidental injury to individuals, including the named insured, while in, entering, alighting from, adjusting, repairing, cranking, or caused by being struck by a vehicle, aircraft, or draft or riding animal, if the insurance is issued as an incidental part of insurance on the vehicle, aircraft, or draft or riding animal;

(2) Liability Insurance. Insurance against legal liability for the death, injury, or disability of any human being or for damage to property and the provision of medical, hospital, surgical, disability, or accident and health benefits to injured persons and funeral and death benefits to dependents, beneficiaries, or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance;

(3) Workers' Compensation and Employer's Liability. Insurance of the obligations accepted by, imposed upon, or assumed by employers under law for death, disablement, or injury of employees;

(4) Burglary and Theft. Insurance against loss or damage by burglary, theft, larceny, robbery, forgery, fraud, vandalism, malicious mischief, confiscation; or wrongful conversion, disposal, or concealment; or from any attempt at any of the foregoing; including supplemental coverage for medical, hospital, surgical, and funeral expense incurred by the named insured or any other person as a result of bodily injury during the commission of a burglary, robbery, or theft by another; also insurance against loss of or damage to moneys, coins, bullion, securities, notes, drafts, acceptances, or any other valuable papers and documents, resulting from any cause;

(5) Personal Property Floater. Insurance upon personal effects against loss or damage from any cause under a personal property floater;

(6) Glass. Insurance against loss or damage to glass, including its lettering, ornamentation, and fittings;

(7) Boiler and Machinery. Insurance against any liability and loss or damage to property or interest therein resulting from accidents to or explosions of boilers, pipes, pressure containers, machinery, or apparatus, and to make inspection of and issue certificates of inspection upon boilers, machinery, and apparatus of any kind, whether or not insured;

(8) Leakage and Fire Extinguishing Equipment. Insurance against loss or damage to any property or interest caused by the breakage or leakage of sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus, water pipes or containers, or by water entering through leaks or openings in buildings and insurance against loss or damage to sprinklers, hoses, pumps, and other fire extinguishing equipment or apparatus;

(9) Credit. Insurance against loss or damage resulting from failure of debtors to pay their obligations to the insured;

(10) Malpractice. Insurance against legal liability of the insured and against loss, damage, or expense incidental to a claim of liability including medical, hospital, surgical, and funeral benefits to injured persons, irrespective of legal liability of the insured, arising out of the death, injury, or disablement of any person or arising out of damage to the economic interest of any person, as the result of negligence in rendering expert, fiduciary, or professional service. However, malpractice insurance shall not include abstractor's professional liability insurance;

(11) Livestock. Insurance against loss or damage to livestock and for services of a veterinarian for those animals;

(12) Entertainments. Insurance indemnifying the producer of any motion picture, television, radio, theatrical, sport, spectacle, entertainment, or similar production, event, or exhibition against loss from interruption, postponement, or cancellation thereof due to death, accidental injury, or sickness of performers, participants, directors, or other principals;

(13) Elevator. Insurance against loss of or damage to any property of the insured resulting from the ownership, maintenance, or use of elevators, escalators, and moving stairways, except loss or damage by fire, and to make inspection of and issue certificates of inspection upon elevators, escalators, and moving stairways;

(14) Abstractor's Professional Liability. Insurance against legal liability of the insured, and against loss, damage, or expense incidental to a claim of liability arising out of damage to the economic interest of any person as the result of negligence in rendering the professional service of an abstractor;

(15) Mortgage Lien Protection. (A) Insurance issued at the time a loan is originated to indemnify a lender against loss from a borrower's misrepresentation or nondisclosure of an outstanding lien encumbering the borrower's property if the lender has no actual knowledge of the lien. (B) Mortgage lien protection shall not be issued for: (i) A transaction involving: (a) A purchase money mortgage; or (b) A transfer of title; (ii) Coverage beyond the term of the loan; (iii) Coverage for a diminution in value of secured property; or (iv) Coverage in excess of two hundred fifty thousand dollars ($250,000). (C) The borrower's credit score shall not be used to determine the amount or cost of mortgage lien protection. (D) Mortgage lien protection insurance shall not include any other insurance coverage that may be issued by a title insurer as defined in § 23-103-402 ; and

(A) Insurance issued at the time a loan is originated to indemnify a lender against loss from a borrower's misrepresentation or nondisclosure of an outstanding lien encumbering the borrower's property if the lender has no actual knowledge of the lien.

(B) Mortgage lien protection shall not be issued for: (i) A transaction involving: (a) A purchase money mortgage; or (b) A transfer of title; (ii) Coverage beyond the term of the loan; (iii) Coverage for a diminution in value of secured property; or (iv) Coverage in excess of two hundred fifty thousand dollars ($250,000).

(i) A transaction involving: (a) A purchase money mortgage; or (b) A transfer of title;

(a) A purchase money mortgage; or

(b) A transfer of title;

(ii) Coverage beyond the term of the loan;

(iii) Coverage for a diminution in value of secured property; or

(iv) Coverage in excess of two hundred fifty thousand dollars ($250,000).

(C) The borrower's credit score shall not be used to determine the amount or cost of mortgage lien protection.

(D) Mortgage lien protection insurance shall not include any other insurance coverage that may be issued by a title insurer as defined in § 23-103-402 ; and

(16) Miscellaneous. Insurance against any other kind of loss, damage, or liability properly a subject of insurance and not within any other kind of insurance as defined in this subchapter and §§ 23-62-201 , 23-62-202 , 23-62-204 , 23-62-205 , and 23-63-701 if that insurance is not disapproved by the Insurance Commissioner as being contrary to law or public policy.

(b) Provision of medical, hospital, surgical, and funeral benefits and of coverage against accidental death or injury as incidental to and part of other insurance as stated under subdivisions (a)(1), (2), (4), and (10) of this section shall for all purposes be deemed to be the same kind of insurance to which it is so incidental and shall not be subject to provisions of the Arkansas Insurance Code applicable to life insurance or accident and health insurance.

Amended by Act 2017, No. 1082,§ 1, eff. 8/1/2017.

Acts 1959, No. 148, § 76; 1985, No. 744, § 2; A.S.A. 1947, § 66-2405; Acts 2001, No. 1603, §§ 4, 5; 2009, No. 210, § 1.
Ark. Code Ann. § 23-3-111 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-111
Fees - Foreign companies doing intrastate business
Status: in_force

(a) All foreign railroad, street, interurban, or other transportation companies now doing intrastate business, or desiring to engage in intrastate business, or authorized to engage in intrastate business, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay the same fees as are required of like domestic corporations. (b) (1) Every foreign express company, sleeping car company, and private car company doing intrastate business or seeking to do intrastate business in Arkansas, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay one dollar ($1.00) for every mile of railroad over which the corporation does, or proposes to do, intrastate business in this state. (2) If any such corporation operates over more miles of railroad in the transaction of its business after the payment of the first fee, it shall pay an additional fee at the same rate provided by subdivision (b)(1) of this section. Acts 1911, No. 87, §§ 7, 9; C. & M. Dig., §§ 1808, 1810; A.S.A. 1947, §§ 73-425, 73-426.

(a) All foreign railroad, street, interurban, or other transportation companies now doing intrastate business, or desiring to engage in intrastate business, or authorized to engage in intrastate business, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay the same fees as are required of like domestic corporations.

(b) (1) Every foreign express company, sleeping car company, and private car company doing intrastate business or seeking to do intrastate business in Arkansas, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay one dollar ($1.00) for every mile of railroad over which the corporation does, or proposes to do, intrastate business in this state. (2) If any such corporation operates over more miles of railroad in the transaction of its business after the payment of the first fee, it shall pay an additional fee at the same rate provided by subdivision (b)(1) of this section.

(1) Every foreign express company, sleeping car company, and private car company doing intrastate business or seeking to do intrastate business in Arkansas, before being permitted to continue to do intrastate business or authorized to engage in intrastate business, shall pay one dollar ($1.00) for every mile of railroad over which the corporation does, or proposes to do, intrastate business in this state.

(2) If any such corporation operates over more miles of railroad in the transaction of its business after the payment of the first fee, it shall pay an additional fee at the same rate provided by subdivision (b)(1) of this section.

Acts 1911, No. 87, §§ 7, 9; C. & M. Dig., §§ 1808, 1810; A.S.A. 1947, §§ 73-425, 73-426.
Ark. Code Ann. § 23-93-106 — AR Code / Title 23 / Chapter 93 / Subchapter 1 / Section 23-93-106
Disclosure statement - Contents
Status: in_force

(a) No later than sixty (60) days prior to the first solicitation of a contract to provide continuing care, the provider shall deliver an initial disclosure statement to the State Insurance Department. This statement shall contain all of the following information: (1) The name and business address of the provider and a statement as to whether the provider is a partnership, corporation, or other type of legal entity; (2) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in or of the provider, and a description of that person's interest in or occupation with the provider; (3) A statement as to whether the provider or any of its officers, directors, trustees, partners, managers, or affiliates, within ten (10) years prior to the date of application: (A) Was convicted of a felony, a crime that if committed in Arkansas would be a felony, or any crime having to do with the provision of continuing care or providing of licensed nursing home care; (B) Has been held liable or enjoined in a civil action by final judgment if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; (C) Had a prior discharge in bankruptcy or was found insolvent in any court action; or (D) Had any state or federal licenses or permits suspended or revoked or had any state, federal, or industry self-regulatory agency commence an action against him or her and the result of the action; (4) A statement as to: (A) Whether the provider is or ever has been affiliated with a religious, charitable, or other nonprofit organization; (B) The nature of the affiliation, if any; (C) The extent to which the affiliate organization will be responsible for the financial and contract obligations of the provider; and (D) The provision of the Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of income tax; (5) The location and description of the physical property or properties of the facility, existing or proposed, and to the extent proposed, the estimated completion date or dates whether or not construction has begun, and the contingencies subject to which construction may be deferred; (6) The services provided or proposed to be provided under contracts for continuing care at the facility, including the extent to which medical care is furnished. The disclosure statement shall clearly state which services are included in basic contracts for continuing care and which services are made available at or by the facility at extra charge; (7) A description of all fees required of residents, including the entrance fee and periodic charges, if any. The description shall include the manner by which the provider may adjust periodic charges or other recurring fees and the limitations on the adjustments, if any; (8) A balance sheet of the provider, audited by a certified public accountant, and certifed to by the provider, as of the end of the two (2) most recent fiscal years; (9) A calculation of the actuarially required refund reserve showing the alternative bases upon which the calculation is made; and (10) A copy of the standard form or forms of contract used by the provider which contain the minimum requirements of this subchapter for continuing care contracts to be attached as an exhibit to each disclosure statement. (b) The provider shall file with the department annually, within four (4) months following the end of the provider's fiscal year, an annual disclosure statement. This statement shall contain the information required by this subchapter for the initial disclosure statement, in addition to a financial statement as of the end of the provider's fiscal year, audited and certified by a certified public accountant. Acts 1987, No. 329, § 4; 1989, No. 203, § 2.

(a) No later than sixty (60) days prior to the first solicitation of a contract to provide continuing care, the provider shall deliver an initial disclosure statement to the State Insurance Department. This statement shall contain all of the following information: (1) The name and business address of the provider and a statement as to whether the provider is a partnership, corporation, or other type of legal entity; (2) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in or of the provider, and a description of that person's interest in or occupation with the provider; (3) A statement as to whether the provider or any of its officers, directors, trustees, partners, managers, or affiliates, within ten (10) years prior to the date of application: (A) Was convicted of a felony, a crime that if committed in Arkansas would be a felony, or any crime having to do with the provision of continuing care or providing of licensed nursing home care; (B) Has been held liable or enjoined in a civil action by final judgment if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; (C) Had a prior discharge in bankruptcy or was found insolvent in any court action; or (D) Had any state or federal licenses or permits suspended or revoked or had any state, federal, or industry self-regulatory agency commence an action against him or her and the result of the action; (4) A statement as to: (A) Whether the provider is or ever has been affiliated with a religious, charitable, or other nonprofit organization; (B) The nature of the affiliation, if any; (C) The extent to which the affiliate organization will be responsible for the financial and contract obligations of the provider; and (D) The provision of the Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of income tax; (5) The location and description of the physical property or properties of the facility, existing or proposed, and to the extent proposed, the estimated completion date or dates whether or not construction has begun, and the contingencies subject to which construction may be deferred; (6) The services provided or proposed to be provided under contracts for continuing care at the facility, including the extent to which medical care is furnished. The disclosure statement shall clearly state which services are included in basic contracts for continuing care and which services are made available at or by the facility at extra charge; (7) A description of all fees required of residents, including the entrance fee and periodic charges, if any. The description shall include the manner by which the provider may adjust periodic charges or other recurring fees and the limitations on the adjustments, if any; (8) A balance sheet of the provider, audited by a certified public accountant, and certifed to by the provider, as of the end of the two (2) most recent fiscal years; (9) A calculation of the actuarially required refund reserve showing the alternative bases upon which the calculation is made; and (10) A copy of the standard form or forms of contract used by the provider which contain the minimum requirements of this subchapter for continuing care contracts to be attached as an exhibit to each disclosure statement.

(1) The name and business address of the provider and a statement as to whether the provider is a partnership, corporation, or other type of legal entity;

(2) The names and business addresses of the officers, directors, trustees, managing or general partners, and any person having a ten percent (10%) or greater equity or beneficial interest in or of the provider, and a description of that person's interest in or occupation with the provider;

(3) A statement as to whether the provider or any of its officers, directors, trustees, partners, managers, or affiliates, within ten (10) years prior to the date of application: (A) Was convicted of a felony, a crime that if committed in Arkansas would be a felony, or any crime having to do with the provision of continuing care or providing of licensed nursing home care; (B) Has been held liable or enjoined in a civil action by final judgment if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property; (C) Had a prior discharge in bankruptcy or was found insolvent in any court action; or (D) Had any state or federal licenses or permits suspended or revoked or had any state, federal, or industry self-regulatory agency commence an action against him or her and the result of the action;

(A) Was convicted of a felony, a crime that if committed in Arkansas would be a felony, or any crime having to do with the provision of continuing care or providing of licensed nursing home care;

(B) Has been held liable or enjoined in a civil action by final judgment if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;

(C) Had a prior discharge in bankruptcy or was found insolvent in any court action; or

(D) Had any state or federal licenses or permits suspended or revoked or had any state, federal, or industry self-regulatory agency commence an action against him or her and the result of the action;

(4) A statement as to: (A) Whether the provider is or ever has been affiliated with a religious, charitable, or other nonprofit organization; (B) The nature of the affiliation, if any; (C) The extent to which the affiliate organization will be responsible for the financial and contract obligations of the provider; and (D) The provision of the Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of income tax;

(A) Whether the provider is or ever has been affiliated with a religious, charitable, or other nonprofit organization;

(B) The nature of the affiliation, if any;

(C) The extent to which the affiliate organization will be responsible for the financial and contract obligations of the provider; and

(D) The provision of the Internal Revenue Code, if any, under which the provider or affiliate is exempt from the payment of income tax;

(5) The location and description of the physical property or properties of the facility, existing or proposed, and to the extent proposed, the estimated completion date or dates whether or not construction has begun, and the contingencies subject to which construction may be deferred;

(6) The services provided or proposed to be provided under contracts for continuing care at the facility, including the extent to which medical care is furnished. The disclosure statement shall clearly state which services are included in basic contracts for continuing care and which services are made available at or by the facility at extra charge;

(7) A description of all fees required of residents, including the entrance fee and periodic charges, if any. The description shall include the manner by which the provider may adjust periodic charges or other recurring fees and the limitations on the adjustments, if any;

(8) A balance sheet of the provider, audited by a certified public accountant, and certifed to by the provider, as of the end of the two (2) most recent fiscal years;

(9) A calculation of the actuarially required refund reserve showing the alternative bases upon which the calculation is made; and

(10) A copy of the standard form or forms of contract used by the provider which contain the minimum requirements of this subchapter for continuing care contracts to be attached as an exhibit to each disclosure statement.

(b) The provider shall file with the department annually, within four (4) months following the end of the provider's fiscal year, an annual disclosure statement. This statement shall contain the information required by this subchapter for the initial disclosure statement, in addition to a financial statement as of the end of the provider's fiscal year, audited and certified by a certified public accountant.

Acts 1987, No. 329, § 4; 1989, No. 203, § 2.
Ark. Code Ann. § 23-63-1201 — AR Code / Title 23 / Chapter 63 / Subchapter 12 / Section 23-63-1201
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1210,§ 2, eff. 7/22/2015. Acts 1993, No. 166, § 1.

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

Acts 1993, No. 166, § 1.
Ark. Code Ann. § 23-99-1103 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1103
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Adverse determination" means a decision by a utilization review entity to deny, reduce, or terminate coverage for a healthcare service furnished or proposed to be furnished to a subscriber on the basis that the healthcare service is not medically necessary or is experimental or investigational in nature. (B) "Adverse determination" does not include a decision to deny, reduce, or terminate coverage for a healthcare service on any basis other than medical necessity or that the healthcare service is experimental or investigational in nature; (2) "Authorization" means that a utilization review entity has: (A) Reviewed the information provided concerning a healthcare service furnished or proposed to be furnished; (B) Found that the requirements for medical necessity and appropriateness of care have been met; and (C) Determined to pay for the healthcare service according to the provisions of the health benefit plan; (3) "Clinical criteria" means any written policy, written screening procedures, drug formularies, lists of covered drugs, determination rules, determination abstracts, clinical protocols, practice guidelines, medical protocols, and other criteria or rationale used by the utilization review entity to determine the medical necessity of a healthcare service; (4) (A) "Emergency healthcare service" means a healthcare service provided in a fixed facility in the first few hours after an injury or after the onset of an acute medical or obstetric condition that manifests itself by one (1) or more symptoms of such severity, including severe pain, that in the absence of immediate medical care, the injury or medical or obstetric condition would reasonably be expected to result in: (i) Serious impairment of bodily function; (ii) Serious dysfunction of or damage to any bodily organ or part; or (iii) Death or threat of death. (B) "Emergency healthcare service" includes the medically necessary surgical treatment of a condition discovered in the course of a surgical procedure originally intended for another purpose, so long as the subsequent surgical procedure is a covered benefit under the healthcare plan, and whether or not the originally intended surgical procedure or the subsequent surgical procedure for the condition discovered during surgery is subject to a prior authorization requirement; (5) "Expedited prior authorization" means prior authorization and notice of that prior authorization for an urgent healthcare service to a subscriber or the subscriber's healthcare provider within one (1) business day after the utilization review entity receives all information needed to complete the review of the requested urgent healthcare service; (6) "Fail first" means a protocol requiring that a healthcare service preferred by a utilization review entity shall fail to help a patient before the patient receives coverage for the healthcare service ordered by the patient's healthcare provider; (7) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state. (B) "Health benefit plan" does not include a plan that includes only dental benefits or eye and vision care benefits; (8) (A) (i) "Healthcare insurer" means an entity that: (a) Is subject to state insurance regulation, including an insurance company, a health maintenance organization, a hospital and medical service corporation, a risk-based provider organization, and a sponsor of a nonfederal self-funded governmental plan; or (b) Has any subscribers in this state. (ii) "Healthcare insurer" includes Medicaid where specifically referenced in §§ 23-99-1119 - 23-99-1126 . (B) "Healthcare insurer" does not include: (i) A workers' compensation plan; (ii) Medicaid, except as provided under §§ 23-99-1119 - 23-99-1126 or when Medicaid services are managed or reimbursed by a healthcare insurer; or (iii) An entity that provides only dental benefits or eye and vision care benefits; (9) "Healthcare provider" means: (A) A doctor of medicine, a doctor of osteopathy, or another licensed healthcare professional acting within the professional's licensed scope of practice; or (B) A healthcare facility licensed in the state where the facility is located to provide healthcare services; (10) (A) "Healthcare service" means a healthcare procedure, treatment, or service provided by a healthcare provider. (B) "Healthcare service" includes the provision of pharmaceutical products or services or durable medical equipment; (11) "Medicaid" means the state-federal medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.; (12) (A) "Medical necessity" or "medically necessary" means a healthcare service that a healthcare provider provides to a patient that is: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate in terms of type, frequency, extent, site, and duration; and (iii) Not primarily for the economic benefit of a health plan or purchaser or for the convenience of the patient, treating physician, or other healthcare provider. (B) "Medical necessity" includes the terms "medical appropriateness", "primary coverage criteria", and any other terminology used by a utilization review entity that refers to a determination that is based in whole or in part on clinical justification for a healthcare service; (13) "Prescription for medication-assisted treatment" means any prescription for medication used as treatment for opioid addiction approved by the United States Food and Drug Administration; (14) "Prescription pain medication" means any medication prescribed as treatment for pain; (15) (A) "Prior authorization" means the process by which a utilization review entity determines the medical necessity of an otherwise covered healthcare service before the healthcare service is rendered, including without limitation preadmission review, pretreatment review, utilization review, case management, and fail first protocol. (B) "Prior authorization" may include the requirement that a subscriber or healthcare provider notify the health insurer or utilization review entity of the subscriber's intent to receive a healthcare service before the healthcare service is provided; (16) "Random sample" means at least five (5) claims but no more than twenty (20) claims for a particular healthcare service that are selected without method or conscious decision; (17) "Self-insured health plan for employees of governmental entities" means a trust established under § 14-54-101 et seq. or § 25-20-104 to provide benefits such as accident and health benefits, death benefits, disability benefits, and disability income benefits; (18) (A) "Subscriber" means an individual eligible to receive coverage of healthcare services by a healthcare insurer under a health benefit plan. (B) "Subscriber" includes a subscriber's legally authorized representative; (19) "Terminal illness" means an illness, a progressive disease, or an advanced disease state from which: (A) There is no expectation of recovery; and (B) Death as a result of the illness or disease is reasonably expected within six (6) months; (20) "Urgent healthcare service" means a healthcare service for a non-life-threatening condition that, in the opinion of a physician with knowledge of a subscriber's medical condition, requires prompt medical care in order to prevent: (A) A serious threat to life, limb, or eyesight; (B) Worsening impairment of a bodily function that threatens the body's ability to regain maximum function; (C) Worsening dysfunction or damage of any bodily organ or part that threatens the body's ability to recover from the dysfunction or damage; or (D) Severe pain that cannot be managed without prompt medical care; (21) (A) "Utilization review entity" means an individual or entity that performs prior authorization for at least one (1) of the following: (i) A healthcare insurer; (ii) A preferred provider organization or health maintenance organization; or (iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract. (B) A healthcare insurer is a utilization review entity if it performs prior authorization. (C) "Utilization review entity" does not include an insurer of automobile, homeowner's, or casualty and commercial liability insurance or the insurer's employees, agents, or contractors. (D) A third-party administrator of a self-insured healthcare insurer is a utilization review entity if it performs prior authorizations; and (22) "Value-based reimbursement" means reimbursement that: (A) Ties a payment for the provision of healthcare services to the quality of health care provided; (B) Rewards a healthcare provider for efficiency and effectiveness; and (C) May impose a risk-sharing requirement on a healthcare provider for healthcare services that do not meet the healthcare insurer's requirements for quality, effectiveness, and efficiency. Amended by Act 2023, No. 575,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 575,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 501,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 87,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 97,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 97,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 964,§ 2, eff. 4/12/2019. Amended by Act 2019, No. 964,§ 1, eff. 4/12/2019. Amended by Act 2017, No. 815,§ 2, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

As used in this subchapter:

(1) (A) "Adverse determination" means a decision by a utilization review entity to deny, reduce, or terminate coverage for a healthcare service furnished or proposed to be furnished to a subscriber on the basis that the healthcare service is not medically necessary or is experimental or investigational in nature. (B) "Adverse determination" does not include a decision to deny, reduce, or terminate coverage for a healthcare service on any basis other than medical necessity or that the healthcare service is experimental or investigational in nature;

(A) "Adverse determination" means a decision by a utilization review entity to deny, reduce, or terminate coverage for a healthcare service furnished or proposed to be furnished to a subscriber on the basis that the healthcare service is not medically necessary or is experimental or investigational in nature.

(B) "Adverse determination" does not include a decision to deny, reduce, or terminate coverage for a healthcare service on any basis other than medical necessity or that the healthcare service is experimental or investigational in nature;

(2) "Authorization" means that a utilization review entity has: (A) Reviewed the information provided concerning a healthcare service furnished or proposed to be furnished; (B) Found that the requirements for medical necessity and appropriateness of care have been met; and (C) Determined to pay for the healthcare service according to the provisions of the health benefit plan;

(A) Reviewed the information provided concerning a healthcare service furnished or proposed to be furnished;

(B) Found that the requirements for medical necessity and appropriateness of care have been met; and

(C) Determined to pay for the healthcare service according to the provisions of the health benefit plan;

(3) "Clinical criteria" means any written policy, written screening procedures, drug formularies, lists of covered drugs, determination rules, determination abstracts, clinical protocols, practice guidelines, medical protocols, and other criteria or rationale used by the utilization review entity to determine the medical necessity of a healthcare service;

(4) (A) "Emergency healthcare service" means a healthcare service provided in a fixed facility in the first few hours after an injury or after the onset of an acute medical or obstetric condition that manifests itself by one (1) or more symptoms of such severity, including severe pain, that in the absence of immediate medical care, the injury or medical or obstetric condition would reasonably be expected to result in: (i) Serious impairment of bodily function; (ii) Serious dysfunction of or damage to any bodily organ or part; or (iii) Death or threat of death. (B) "Emergency healthcare service" includes the medically necessary surgical treatment of a condition discovered in the course of a surgical procedure originally intended for another purpose, so long as the subsequent surgical procedure is a covered benefit under the healthcare plan, and whether or not the originally intended surgical procedure or the subsequent surgical procedure for the condition discovered during surgery is subject to a prior authorization requirement;

(A) "Emergency healthcare service" means a healthcare service provided in a fixed facility in the first few hours after an injury or after the onset of an acute medical or obstetric condition that manifests itself by one (1) or more symptoms of such severity, including severe pain, that in the absence of immediate medical care, the injury or medical or obstetric condition would reasonably be expected to result in: (i) Serious impairment of bodily function; (ii) Serious dysfunction of or damage to any bodily organ or part; or (iii) Death or threat of death.

(i) Serious impairment of bodily function;

(ii) Serious dysfunction of or damage to any bodily organ or part; or

(iii) Death or threat of death.

(B) "Emergency healthcare service" includes the medically necessary surgical treatment of a condition discovered in the course of a surgical procedure originally intended for another purpose, so long as the subsequent surgical procedure is a covered benefit under the healthcare plan, and whether or not the originally intended surgical procedure or the subsequent surgical procedure for the condition discovered during surgery is subject to a prior authorization requirement;

(5) "Expedited prior authorization" means prior authorization and notice of that prior authorization for an urgent healthcare service to a subscriber or the subscriber's healthcare provider within one (1) business day after the utilization review entity receives all information needed to complete the review of the requested urgent healthcare service;

(6) "Fail first" means a protocol requiring that a healthcare service preferred by a utilization review entity shall fail to help a patient before the patient receives coverage for the healthcare service ordered by the patient's healthcare provider;

(7) (A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state. (B) "Health benefit plan" does not include a plan that includes only dental benefits or eye and vision care benefits;

(A) "Health benefit plan" means any individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state.

(B) "Health benefit plan" does not include a plan that includes only dental benefits or eye and vision care benefits;

(8) (A) (i) "Healthcare insurer" means an entity that: (a) Is subject to state insurance regulation, including an insurance company, a health maintenance organization, a hospital and medical service corporation, a risk-based provider organization, and a sponsor of a nonfederal self-funded governmental plan; or (b) Has any subscribers in this state. (ii) "Healthcare insurer" includes Medicaid where specifically referenced in §§ 23-99-1119 - 23-99-1126 . (B) "Healthcare insurer" does not include: (i) A workers' compensation plan; (ii) Medicaid, except as provided under §§ 23-99-1119 - 23-99-1126 or when Medicaid services are managed or reimbursed by a healthcare insurer; or (iii) An entity that provides only dental benefits or eye and vision care benefits;

(A) (i) "Healthcare insurer" means an entity that: (a) Is subject to state insurance regulation, including an insurance company, a health maintenance organization, a hospital and medical service corporation, a risk-based provider organization, and a sponsor of a nonfederal self-funded governmental plan; or (b) Has any subscribers in this state. (ii) "Healthcare insurer" includes Medicaid where specifically referenced in §§ 23-99-1119 - 23-99-1126 .

(i) "Healthcare insurer" means an entity that: (a) Is subject to state insurance regulation, including an insurance company, a health maintenance organization, a hospital and medical service corporation, a risk-based provider organization, and a sponsor of a nonfederal self-funded governmental plan; or (b) Has any subscribers in this state.

(a) Is subject to state insurance regulation, including an insurance company, a health maintenance organization, a hospital and medical service corporation, a risk-based provider organization, and a sponsor of a nonfederal self-funded governmental plan; or

(b) Has any subscribers in this state.

(ii) "Healthcare insurer" includes Medicaid where specifically referenced in §§ 23-99-1119 - 23-99-1126 .

(B) "Healthcare insurer" does not include: (i) A workers' compensation plan; (ii) Medicaid, except as provided under §§ 23-99-1119 - 23-99-1126 or when Medicaid services are managed or reimbursed by a healthcare insurer; or (iii) An entity that provides only dental benefits or eye and vision care benefits;

(i) A workers' compensation plan;

(ii) Medicaid, except as provided under §§ 23-99-1119 - 23-99-1126 or when Medicaid services are managed or reimbursed by a healthcare insurer; or

(iii) An entity that provides only dental benefits or eye and vision care benefits;

(9) "Healthcare provider" means: (A) A doctor of medicine, a doctor of osteopathy, or another licensed healthcare professional acting within the professional's licensed scope of practice; or (B) A healthcare facility licensed in the state where the facility is located to provide healthcare services;

(A) A doctor of medicine, a doctor of osteopathy, or another licensed healthcare professional acting within the professional's licensed scope of practice; or

(B) A healthcare facility licensed in the state where the facility is located to provide healthcare services;

(10) (A) "Healthcare service" means a healthcare procedure, treatment, or service provided by a healthcare provider. (B) "Healthcare service" includes the provision of pharmaceutical products or services or durable medical equipment;

(A) "Healthcare service" means a healthcare procedure, treatment, or service provided by a healthcare provider.

(B) "Healthcare service" includes the provision of pharmaceutical products or services or durable medical equipment;

(11) "Medicaid" means the state-federal medical assistance program established by Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq.;

(12) (A) "Medical necessity" or "medically necessary" means a healthcare service that a healthcare provider provides to a patient that is: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate in terms of type, frequency, extent, site, and duration; and (iii) Not primarily for the economic benefit of a health plan or purchaser or for the convenience of the patient, treating physician, or other healthcare provider. (B) "Medical necessity" includes the terms "medical appropriateness", "primary coverage criteria", and any other terminology used by a utilization review entity that refers to a determination that is based in whole or in part on clinical justification for a healthcare service;

(A) "Medical necessity" or "medically necessary" means a healthcare service that a healthcare provider provides to a patient that is: (i) In accordance with generally accepted standards of medical practice; (ii) Clinically appropriate in terms of type, frequency, extent, site, and duration; and (iii) Not primarily for the economic benefit of a health plan or purchaser or for the convenience of the patient, treating physician, or other healthcare provider.

(i) In accordance with generally accepted standards of medical practice;

(ii) Clinically appropriate in terms of type, frequency, extent, site, and duration; and

(iii) Not primarily for the economic benefit of a health plan or purchaser or for the convenience of the patient, treating physician, or other healthcare provider.

(B) "Medical necessity" includes the terms "medical appropriateness", "primary coverage criteria", and any other terminology used by a utilization review entity that refers to a determination that is based in whole or in part on clinical justification for a healthcare service;

(13) "Prescription for medication-assisted treatment" means any prescription for medication used as treatment for opioid addiction approved by the United States Food and Drug Administration;

(14) "Prescription pain medication" means any medication prescribed as treatment for pain;

(15) (A) "Prior authorization" means the process by which a utilization review entity determines the medical necessity of an otherwise covered healthcare service before the healthcare service is rendered, including without limitation preadmission review, pretreatment review, utilization review, case management, and fail first protocol. (B) "Prior authorization" may include the requirement that a subscriber or healthcare provider notify the health insurer or utilization review entity of the subscriber's intent to receive a healthcare service before the healthcare service is provided;

(A) "Prior authorization" means the process by which a utilization review entity determines the medical necessity of an otherwise covered healthcare service before the healthcare service is rendered, including without limitation preadmission review, pretreatment review, utilization review, case management, and fail first protocol.

(B) "Prior authorization" may include the requirement that a subscriber or healthcare provider notify the health insurer or utilization review entity of the subscriber's intent to receive a healthcare service before the healthcare service is provided;

(16) "Random sample" means at least five (5) claims but no more than twenty (20) claims for a particular healthcare service that are selected without method or conscious decision;

(17) "Self-insured health plan for employees of governmental entities" means a trust established under § 14-54-101 et seq. or § 25-20-104 to provide benefits such as accident and health benefits, death benefits, disability benefits, and disability income benefits;

(18) (A) "Subscriber" means an individual eligible to receive coverage of healthcare services by a healthcare insurer under a health benefit plan. (B) "Subscriber" includes a subscriber's legally authorized representative;

(A) "Subscriber" means an individual eligible to receive coverage of healthcare services by a healthcare insurer under a health benefit plan.

(B) "Subscriber" includes a subscriber's legally authorized representative;

(19) "Terminal illness" means an illness, a progressive disease, or an advanced disease state from which: (A) There is no expectation of recovery; and (B) Death as a result of the illness or disease is reasonably expected within six (6) months;

(A) There is no expectation of recovery; and

(B) Death as a result of the illness or disease is reasonably expected within six (6) months;

(20) "Urgent healthcare service" means a healthcare service for a non-life-threatening condition that, in the opinion of a physician with knowledge of a subscriber's medical condition, requires prompt medical care in order to prevent: (A) A serious threat to life, limb, or eyesight; (B) Worsening impairment of a bodily function that threatens the body's ability to regain maximum function; (C) Worsening dysfunction or damage of any bodily organ or part that threatens the body's ability to recover from the dysfunction or damage; or (D) Severe pain that cannot be managed without prompt medical care;

(A) A serious threat to life, limb, or eyesight;

(B) Worsening impairment of a bodily function that threatens the body's ability to regain maximum function;

(C) Worsening dysfunction or damage of any bodily organ or part that threatens the body's ability to recover from the dysfunction or damage; or

(D) Severe pain that cannot be managed without prompt medical care;

(21) (A) "Utilization review entity" means an individual or entity that performs prior authorization for at least one (1) of the following: (i) A healthcare insurer; (ii) A preferred provider organization or health maintenance organization; or (iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract. (B) A healthcare insurer is a utilization review entity if it performs prior authorization. (C) "Utilization review entity" does not include an insurer of automobile, homeowner's, or casualty and commercial liability insurance or the insurer's employees, agents, or contractors. (D) A third-party administrator of a self-insured healthcare insurer is a utilization review entity if it performs prior authorizations; and

(A) "Utilization review entity" means an individual or entity that performs prior authorization for at least one (1) of the following: (i) A healthcare insurer; (ii) A preferred provider organization or health maintenance organization; or (iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract.

(i) A healthcare insurer;

(ii) A preferred provider organization or health maintenance organization; or

(iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract.

(B) A healthcare insurer is a utilization review entity if it performs prior authorization.

(C) "Utilization review entity" does not include an insurer of automobile, homeowner's, or casualty and commercial liability insurance or the insurer's employees, agents, or contractors.

(D) A third-party administrator of a self-insured healthcare insurer is a utilization review entity if it performs prior authorizations; and

(22) "Value-based reimbursement" means reimbursement that: (A) Ties a payment for the provision of healthcare services to the quality of health care provided; (B) Rewards a healthcare provider for efficiency and effectiveness; and (C) May impose a risk-sharing requirement on a healthcare provider for healthcare services that do not meet the healthcare insurer's requirements for quality, effectiveness, and efficiency.

(A) Ties a payment for the provision of healthcare services to the quality of health care provided;

(B) Rewards a healthcare provider for efficiency and effectiveness; and

(C) May impose a risk-sharing requirement on a healthcare provider for healthcare services that do not meet the healthcare insurer's requirements for quality, effectiveness, and efficiency.

Amended by Act 2023, No. 575,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 575,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 501,§ 1, eff. 8/1/2023.

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

Amended by Act 2021, No. 97,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 97,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 964,§ 2, eff. 4/12/2019.

Amended by Act 2019, No. 964,§ 1, eff. 4/12/2019.

Amended by Act 2017, No. 815,§ 2, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-110-103 — AR Code / Title 23 / Chapter 110 / Subchapter 1 / Section 23-110-103
Construction
Status: in_force

Nothing contained in this chapter shall in any way be construed to apply to any other method or manner of racing except the racing of horses as provided in this chapter. Acts 1957, No. 46, § 28; A.S.A. 1947, § 84-2754.

Nothing contained in this chapter shall in any way be construed to apply to any other method or manner of racing except the racing of horses as provided in this chapter.

Acts 1957, No. 46, § 28; A.S.A. 1947, § 84-2754.
Ark. Code Ann. § 23-115-208 — AR Code / Title 23 / Chapter 115 / Subchapter 2 / Section 23-115-208
Sovereign immunity
Status: in_force

(a) This chapter does not waive the sovereign immunity of the State of Arkansas. (b) (1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office. (2) The office shall promulgate rules concerning the consideration of claims in contract or in tort presented to the office, including without limitation rules concerning the conduct of hearings on claims in contract or in tort. (c) (1) A claimant may appeal the decision of the office under subsection (b) of this section to the Arkansas State Claims Commission. (2) The claimant may: (A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office; (B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and (C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office. (3) When the office notifies parties of a decision of the office, it shall advise the parties of the right of appeal. (d) (1) (A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq. (B) The commission shall consider an appeal de novo. (2) A decision of the commission relating to a claim in contract or in tort against the office or its employees shall not be appealed to the General Assembly. (3) (A) A valid claim in any amount against the office shall not be referred to the General Assembly for an appropriation. (B) The Clerk of the Arkansas State Claims Commission shall notify the office of the amount of the valid claim. (C) Upon receipt of notification from the clerk, the office shall deliver a check to the clerk, who shall deposit the sum as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the claim to the claimant. (4) Written reports under § 19-10-212 shall be filed with the Legislative Council. Amended by Act 2015, No. 1258,§ 25, eff. 7/22/2015. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 605, § 1; 2009, No. 606, § 1.

(a) This chapter does not waive the sovereign immunity of the State of Arkansas.

(b) (1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office. (2) The office shall promulgate rules concerning the consideration of claims in contract or in tort presented to the office, including without limitation rules concerning the conduct of hearings on claims in contract or in tort.

(1) A claim in contract or in tort against the Office of the Arkansas Lottery or its employees shall be presented to the office.

(2) The office shall promulgate rules concerning the consideration of claims in contract or in tort presented to the office, including without limitation rules concerning the conduct of hearings on claims in contract or in tort.

(c) (1) A claimant may appeal the decision of the office under subsection (b) of this section to the Arkansas State Claims Commission. (2) The claimant may: (A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office; (B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and (C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office. (3) When the office notifies parties of a decision of the office, it shall advise the parties of the right of appeal.

(1) A claimant may appeal the decision of the office under subsection (b) of this section to the Arkansas State Claims Commission.

(2) The claimant may: (A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office; (B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and (C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office.

(A) Within forty (40) days after the decision is rendered, file with the commission a notice of appeal of the decision of the office;

(B) Within forty (40) days after the decision is rendered, file with the office a motion for reconsideration requesting the office to reconsider its decision; and

(C) Within twenty (20) days after the office's reconsideration or denial of the motion for reconsideration, file with the commission a notice of appeal of the decision of the office.

(3) When the office notifies parties of a decision of the office, it shall advise the parties of the right of appeal.

(d) (1) (A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq. (B) The commission shall consider an appeal de novo. (2) A decision of the commission relating to a claim in contract or in tort against the office or its employees shall not be appealed to the General Assembly. (3) (A) A valid claim in any amount against the office shall not be referred to the General Assembly for an appropriation. (B) The Clerk of the Arkansas State Claims Commission shall notify the office of the amount of the valid claim. (C) Upon receipt of notification from the clerk, the office shall deliver a check to the clerk, who shall deposit the sum as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the claim to the claimant. (4) Written reports under § 19-10-212 shall be filed with the Legislative Council.

(1) (A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq. (B) The commission shall consider an appeal de novo.

(A) Except as provided in subdivisions (d)(2)-(4) of this section, appeals of claims in contract or in tort against the office or its employees shall be conducted by the commission in the same manner as a claim under § 19-10-201 et seq.

(B) The commission shall consider an appeal de novo.

(2) A decision of the commission relating to a claim in contract or in tort against the office or its employees shall not be appealed to the General Assembly.

(3) (A) A valid claim in any amount against the office shall not be referred to the General Assembly for an appropriation. (B) The Clerk of the Arkansas State Claims Commission shall notify the office of the amount of the valid claim. (C) Upon receipt of notification from the clerk, the office shall deliver a check to the clerk, who shall deposit the sum as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the claim to the claimant.

(A) A valid claim in any amount against the office shall not be referred to the General Assembly for an appropriation.

(B) The Clerk of the Arkansas State Claims Commission shall notify the office of the amount of the valid claim.

(C) Upon receipt of notification from the clerk, the office shall deliver a check to the clerk, who shall deposit the sum as a nonrevenue receipt into the Miscellaneous Revolving Fund from which he or she shall disburse the amount of the claim to the claimant.

(4) Written reports under § 19-10-212 shall be filed with the Legislative Council.

Amended by Act 2015, No. 1258,§ 25, eff. 7/22/2015.

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

Acts 2009, No. 605, § 1; 2009, No. 606, § 1.
Ark. Code Ann. § 23-3-513 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-513
Replacement of navigable water crossing
Status: in_force

(a) In each instance where a river crossing proprietor may desire to replace a navigable water crossing, it shall file with the Arkansas Public Service Commission a proper petition pursuant to § 23-3-504 . (b) (1) Proceedings upon the petition shall be conducted under §§ 23-3-506 , 23-3-507 , and 23-3-510 , subject to appeal as provided in §§ 23-3-511 and 23-3-512 . (2) In such a proceeding, however, the jurisdiction of the commission will be limited to a determination of whether the construction methods to be employed in replacing the navigable water crossing will jeopardize the public safety, and the river crossing proprietor's right to replace a navigable water crossing may be denied only on that ground. Acts 1961, No. 188, § 16; A.S.A. 1947, § 73-2216.

(a) In each instance where a river crossing proprietor may desire to replace a navigable water crossing, it shall file with the Arkansas Public Service Commission a proper petition pursuant to § 23-3-504 .

(b) (1) Proceedings upon the petition shall be conducted under §§ 23-3-506 , 23-3-507 , and 23-3-510 , subject to appeal as provided in §§ 23-3-511 and 23-3-512 . (2) In such a proceeding, however, the jurisdiction of the commission will be limited to a determination of whether the construction methods to be employed in replacing the navigable water crossing will jeopardize the public safety, and the river crossing proprietor's right to replace a navigable water crossing may be denied only on that ground.

(1) Proceedings upon the petition shall be conducted under §§ 23-3-506 , 23-3-507 , and 23-3-510 , subject to appeal as provided in §§ 23-3-511 and 23-3-512 .

(2) In such a proceeding, however, the jurisdiction of the commission will be limited to a determination of whether the construction methods to be employed in replacing the navigable water crossing will jeopardize the public safety, and the river crossing proprietor's right to replace a navigable water crossing may be denied only on that ground.

Acts 1961, No. 188, § 16; A.S.A. 1947, § 73-2216.
Ark. Code Ann. § 23-92-402 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-402
Definitions
Status: in_force

As used in this subchapter: (1) "Client" means any person who enters into a coemployment relationship as a coemployer with a professional employer organization; (2) "Coemployer" means a professional employer organization or a client of a professional employer organization; (3) "Coemployment relationship" means: (A) As between coemployers, a relationship in which the rights, duties, and obligations of an employer that arise out of an employment relationship have been allocated between coemployers under a professional employer agreement and this subchapter and which is intended to be an ongoing relationship rather than a temporary or project-specific relationship; (B) As between each professional employer organization and a covered employee to which a professional employer agreement applies, an employment relationship in which: (i) The professional employer organization is entitled to enforce the rights and is obligated to perform the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and (ii) A covered employee is entitled to enforce against the professional employer organization the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and (C) As between each client and a covered employee to which a professional employer agreement applies, an employment relationship in which each client: (i) Is entitled to enforce the rights allocated to the client by the professional employer agreement and this subchapter; (ii) Is obligated to provide and perform the employer obligations allocated to the client by the professional employer agreement and this subchapter; and (iii) Is responsible for any employer right or obligation not otherwise allocated by the professional employer agreement or this subchapter; (4) "Commissioner" means the Insurance Commissioner; (5) "Controlling person" means: (A) Any natural person who directly or indirectly possesses the power to direct or cause the direction of the management or policies of any professional employer organization, including: (i) Direct or indirect control of ten percent (10%) or more of an ownership interest bearing the right to participate in policy making for the professional employer organization; or (ii) The general power to endorse any negotiable instrument payable to or on behalf of the professional employer organization or to cause the direction of the management or policies of any professional employer organization; and (B) Any natural person employed, appointed, or authorized by a professional employer organization to enter into a contractual relationship with a client company on behalf of the professional employer organization; (6) (A) "Covered employee" means an individual having a coemployment relationship with a professional employer organization and a client who has entered into a professional employer agreement with respect to the employee. (B) "Covered employee" includes the client's officers, directors, shareholders, partners, and managers to the extent that those persons act as operational managers or perform services for the client; (7) "Department" means the State Insurance Department; (8) "Employer service assurance organization" means an organization licensed under § 23-92-415 ; (9) "Licensee" means a professional employer organization licensed under this subchapter; (10) "Person" means any individual, partnership, corporation, limited liability company, association, or any legally recognized entity, however formed; (11) "Professional employer agreement" means a written contract by and between a client and a professional employer organization under which the professional employer organization and the client agree to establish a coemployment relationship and which satisfies the requirements of § 23-92-409(c) ; (12) "Professional employer organization" means any person engaged in the business of providing professional employer services; (13) (A) "Professional employer organization group" means two (2) or more affiliated professional employer organizations. (B) Two (2) or more professional employer organizations are affiliated if they have common owners having ownership interests in them of greater than fifty percent (50%); (14) "Professional employer organization service organization affidavit" means an attestation or certification of a professional employer organization service organization and any additional information that conforms to the requirements in the rules as promulgated by the commissioner; (15) (A) "Professional employer services" means the service of entering into a coemployment relationship under this subchapter in which at least a majority of the employees providing services to a client or to a division or work unit of a client are covered employees and in which: (i) The arrangement is intended to be, or is, ongoing rather than temporary in nature; and (ii) Employer responsibilities, including the right of direction and control of the employees, are shared by the professional employer organization and the recipient. (B) "Professional employer services" does not include services performed by temporary employees or by persons determined to be independent contractors with respect to the recipient; (16) (A) "Temporary help services" means services consisting of a person's: (i) Recruiting and hiring its own employees; (ii) Finding other organizations that need the services of those employees; (iii) Assigning those employees to perform work at or for the other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects; and (iv) Customarily attempting to reassign the employees to other organizations when they finish each assignment. (B) "Temporary help services" shall not be deemed professional employer services; and (17) (A) "Transacting insurance" includes any of the following actions by a professional employer organization or its representatives: (i) Soliciting prospective clients based solely or primarily on representation of insurance cost advantages; (ii) Advising a prospective client regarding insurance coverage; or (iii) Offering for sale or selling a policy of insurance to a client or employee. (B) "Transacting insurance" does not include any of the following actions by a professional employer organization or its representatives: (i) Soliciting prospective clients to enter into professional employee agreements; (ii) Collecting information from a prospective client related to payroll, employee benefits, employment policies, workplace safety, and other employer responsibilities and operational experience; (iii) Evaluating collected information to ascertain the professional employer organization's risk and cost associated with serving a prospective client's workforce; (iv) Informing a prospective client of the terms and conditions under which the professional employer organization will enter into a professional employer agreement; or (v) Performing employer responsibilities as required by this subchapter. Amended by Act 2019, No. 315,§ 2772, eff. 7/24/2019. Acts 2003, No. 1750, § 1.

As used in this subchapter:

(1) "Client" means any person who enters into a coemployment relationship as a coemployer with a professional employer organization;

(2) "Coemployer" means a professional employer organization or a client of a professional employer organization;

(3) "Coemployment relationship" means: (A) As between coemployers, a relationship in which the rights, duties, and obligations of an employer that arise out of an employment relationship have been allocated between coemployers under a professional employer agreement and this subchapter and which is intended to be an ongoing relationship rather than a temporary or project-specific relationship; (B) As between each professional employer organization and a covered employee to which a professional employer agreement applies, an employment relationship in which: (i) The professional employer organization is entitled to enforce the rights and is obligated to perform the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and (ii) A covered employee is entitled to enforce against the professional employer organization the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and (C) As between each client and a covered employee to which a professional employer agreement applies, an employment relationship in which each client: (i) Is entitled to enforce the rights allocated to the client by the professional employer agreement and this subchapter; (ii) Is obligated to provide and perform the employer obligations allocated to the client by the professional employer agreement and this subchapter; and (iii) Is responsible for any employer right or obligation not otherwise allocated by the professional employer agreement or this subchapter;

(A) As between coemployers, a relationship in which the rights, duties, and obligations of an employer that arise out of an employment relationship have been allocated between coemployers under a professional employer agreement and this subchapter and which is intended to be an ongoing relationship rather than a temporary or project-specific relationship;

(B) As between each professional employer organization and a covered employee to which a professional employer agreement applies, an employment relationship in which: (i) The professional employer organization is entitled to enforce the rights and is obligated to perform the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and (ii) A covered employee is entitled to enforce against the professional employer organization the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and

(i) The professional employer organization is entitled to enforce the rights and is obligated to perform the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and

(ii) A covered employee is entitled to enforce against the professional employer organization the duties and obligations allocated to the organization by the professional employer agreement and this subchapter; and

(C) As between each client and a covered employee to which a professional employer agreement applies, an employment relationship in which each client: (i) Is entitled to enforce the rights allocated to the client by the professional employer agreement and this subchapter; (ii) Is obligated to provide and perform the employer obligations allocated to the client by the professional employer agreement and this subchapter; and (iii) Is responsible for any employer right or obligation not otherwise allocated by the professional employer agreement or this subchapter;

(i) Is entitled to enforce the rights allocated to the client by the professional employer agreement and this subchapter;

(ii) Is obligated to provide and perform the employer obligations allocated to the client by the professional employer agreement and this subchapter; and

(iii) Is responsible for any employer right or obligation not otherwise allocated by the professional employer agreement or this subchapter;

(4) "Commissioner" means the Insurance Commissioner;

(5) "Controlling person" means: (A) Any natural person who directly or indirectly possesses the power to direct or cause the direction of the management or policies of any professional employer organization, including: (i) Direct or indirect control of ten percent (10%) or more of an ownership interest bearing the right to participate in policy making for the professional employer organization; or (ii) The general power to endorse any negotiable instrument payable to or on behalf of the professional employer organization or to cause the direction of the management or policies of any professional employer organization; and (B) Any natural person employed, appointed, or authorized by a professional employer organization to enter into a contractual relationship with a client company on behalf of the professional employer organization;

(A) Any natural person who directly or indirectly possesses the power to direct or cause the direction of the management or policies of any professional employer organization, including: (i) Direct or indirect control of ten percent (10%) or more of an ownership interest bearing the right to participate in policy making for the professional employer organization; or (ii) The general power to endorse any negotiable instrument payable to or on behalf of the professional employer organization or to cause the direction of the management or policies of any professional employer organization; and

(i) Direct or indirect control of ten percent (10%) or more of an ownership interest bearing the right to participate in policy making for the professional employer organization; or

(ii) The general power to endorse any negotiable instrument payable to or on behalf of the professional employer organization or to cause the direction of the management or policies of any professional employer organization; and

(B) Any natural person employed, appointed, or authorized by a professional employer organization to enter into a contractual relationship with a client company on behalf of the professional employer organization;

(6) (A) "Covered employee" means an individual having a coemployment relationship with a professional employer organization and a client who has entered into a professional employer agreement with respect to the employee. (B) "Covered employee" includes the client's officers, directors, shareholders, partners, and managers to the extent that those persons act as operational managers or perform services for the client;

(A) "Covered employee" means an individual having a coemployment relationship with a professional employer organization and a client who has entered into a professional employer agreement with respect to the employee.

(B) "Covered employee" includes the client's officers, directors, shareholders, partners, and managers to the extent that those persons act as operational managers or perform services for the client;

(7) "Department" means the State Insurance Department;

(8) "Employer service assurance organization" means an organization licensed under § 23-92-415 ;

(9) "Licensee" means a professional employer organization licensed under this subchapter;

(10) "Person" means any individual, partnership, corporation, limited liability company, association, or any legally recognized entity, however formed;

(11) "Professional employer agreement" means a written contract by and between a client and a professional employer organization under which the professional employer organization and the client agree to establish a coemployment relationship and which satisfies the requirements of § 23-92-409(c) ;

(12) "Professional employer organization" means any person engaged in the business of providing professional employer services;

(13) (A) "Professional employer organization group" means two (2) or more affiliated professional employer organizations. (B) Two (2) or more professional employer organizations are affiliated if they have common owners having ownership interests in them of greater than fifty percent (50%);

(A) "Professional employer organization group" means two (2) or more affiliated professional employer organizations.

(B) Two (2) or more professional employer organizations are affiliated if they have common owners having ownership interests in them of greater than fifty percent (50%);

(14) "Professional employer organization service organization affidavit" means an attestation or certification of a professional employer organization service organization and any additional information that conforms to the requirements in the rules as promulgated by the commissioner;

(15) (A) "Professional employer services" means the service of entering into a coemployment relationship under this subchapter in which at least a majority of the employees providing services to a client or to a division or work unit of a client are covered employees and in which: (i) The arrangement is intended to be, or is, ongoing rather than temporary in nature; and (ii) Employer responsibilities, including the right of direction and control of the employees, are shared by the professional employer organization and the recipient. (B) "Professional employer services" does not include services performed by temporary employees or by persons determined to be independent contractors with respect to the recipient;

(A) "Professional employer services" means the service of entering into a coemployment relationship under this subchapter in which at least a majority of the employees providing services to a client or to a division or work unit of a client are covered employees and in which: (i) The arrangement is intended to be, or is, ongoing rather than temporary in nature; and (ii) Employer responsibilities, including the right of direction and control of the employees, are shared by the professional employer organization and the recipient.

(i) The arrangement is intended to be, or is, ongoing rather than temporary in nature; and

(ii) Employer responsibilities, including the right of direction and control of the employees, are shared by the professional employer organization and the recipient.

(B) "Professional employer services" does not include services performed by temporary employees or by persons determined to be independent contractors with respect to the recipient;

(16) (A) "Temporary help services" means services consisting of a person's: (i) Recruiting and hiring its own employees; (ii) Finding other organizations that need the services of those employees; (iii) Assigning those employees to perform work at or for the other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects; and (iv) Customarily attempting to reassign the employees to other organizations when they finish each assignment. (B) "Temporary help services" shall not be deemed professional employer services; and

(A) "Temporary help services" means services consisting of a person's: (i) Recruiting and hiring its own employees; (ii) Finding other organizations that need the services of those employees; (iii) Assigning those employees to perform work at or for the other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects; and (iv) Customarily attempting to reassign the employees to other organizations when they finish each assignment.

(i) Recruiting and hiring its own employees;

(ii) Finding other organizations that need the services of those employees;

(iii) Assigning those employees to perform work at or for the other organizations to support or supplement the other organizations' workforces or to provide assistance in special work situations, such as, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects; and

(iv) Customarily attempting to reassign the employees to other organizations when they finish each assignment.

(B) "Temporary help services" shall not be deemed professional employer services; and

(17) (A) "Transacting insurance" includes any of the following actions by a professional employer organization or its representatives: (i) Soliciting prospective clients based solely or primarily on representation of insurance cost advantages; (ii) Advising a prospective client regarding insurance coverage; or (iii) Offering for sale or selling a policy of insurance to a client or employee. (B) "Transacting insurance" does not include any of the following actions by a professional employer organization or its representatives: (i) Soliciting prospective clients to enter into professional employee agreements; (ii) Collecting information from a prospective client related to payroll, employee benefits, employment policies, workplace safety, and other employer responsibilities and operational experience; (iii) Evaluating collected information to ascertain the professional employer organization's risk and cost associated with serving a prospective client's workforce; (iv) Informing a prospective client of the terms and conditions under which the professional employer organization will enter into a professional employer agreement; or (v) Performing employer responsibilities as required by this subchapter.

(A) "Transacting insurance" includes any of the following actions by a professional employer organization or its representatives: (i) Soliciting prospective clients based solely or primarily on representation of insurance cost advantages; (ii) Advising a prospective client regarding insurance coverage; or (iii) Offering for sale or selling a policy of insurance to a client or employee.

(i) Soliciting prospective clients based solely or primarily on representation of insurance cost advantages;

(ii) Advising a prospective client regarding insurance coverage; or

(iii) Offering for sale or selling a policy of insurance to a client or employee.

(B) "Transacting insurance" does not include any of the following actions by a professional employer organization or its representatives: (i) Soliciting prospective clients to enter into professional employee agreements; (ii) Collecting information from a prospective client related to payroll, employee benefits, employment policies, workplace safety, and other employer responsibilities and operational experience; (iii) Evaluating collected information to ascertain the professional employer organization's risk and cost associated with serving a prospective client's workforce; (iv) Informing a prospective client of the terms and conditions under which the professional employer organization will enter into a professional employer agreement; or (v) Performing employer responsibilities as required by this subchapter.

(i) Soliciting prospective clients to enter into professional employee agreements;

(ii) Collecting information from a prospective client related to payroll, employee benefits, employment policies, workplace safety, and other employer responsibilities and operational experience;

(iii) Evaluating collected information to ascertain the professional employer organization's risk and cost associated with serving a prospective client's workforce;

(iv) Informing a prospective client of the terms and conditions under which the professional employer organization will enter into a professional employer agreement; or

(v) Performing employer responsibilities as required by this subchapter.

Amended by Act 2019, No. 315,§ 2772, eff. 7/24/2019.

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-99-1208 — AR Code / Title 23 / Chapter 99 / Subchapter 12 / Section 23-99-1208
Rules
Status: in_force

(a) The Insurance Commissioner shall promulgate rules necessary to ensure compliance with this subchapter. (b) (1) When adopting the initial rules to ensure compliance with this subchapter, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (A) On or before March 1, 2020; or (B) If approval under § 10-3-309 has not occurred by March 1, 2020, as soon as practicable after approval under § 10-3-309 . (2) The commissioner shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of March 1, 2020, so that the Legislative Council may consider the rule for approval before March 1, 2020. Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.

(a) The Insurance Commissioner shall promulgate rules necessary to ensure compliance with this subchapter.

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

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

(A) On or before March 1, 2020; or

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

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

Added by Act 2019, No. 734,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-12-905 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-905
Service of process upon agent of railroad company
Status: in_force

Service by process of summons issued by any court under the provisions of this section and §§ 23-12-901 - 23-12-904 , 23-12-910 , and 23-12-912 shall be by serving a copy of the summons on any agent of the railroad company sued at any depot house in the county where suit is brought. Acts 1961 (1st Ex. Sess.), No. 61, § 9; A.S.A. 1947, § 73-1008.

Service by process of summons issued by any court under the provisions of this section and §§ 23-12-901 - 23-12-904 , 23-12-910 , and 23-12-912 shall be by serving a copy of the summons on any agent of the railroad company sued at any depot house in the county where suit is brought.

Acts 1961 (1st Ex. Sess.), No. 61, § 9; A.S.A. 1947, § 73-1008.
Ark. Code Ann. § 23-62-109 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-109
Funding agreements
Status: in_force

(a) (1) As used in this section, the term "funding agreement" means an agreement which authorizes an admitted life insurer to accept funds and which provides for an accumulation of those funds for the purpose of making one (1) or more payments at future dates in amounts that are not based on mortality or morbidity contingencies. (2) (A) However, the term "funding agreement" does not include any agreement in connection with the funding of one (1) or more payments which are excludable from the gross income of the recipient under section 104(a)(2) of the Internal Revenue Code, as it may be amended or renumbered from time to time. (B) The term "funding agreement" shall not be construed so as to include any annuity contract. (b) An insurer authorized to deliver or issue for delivery annuity contracts in this state may deliver or issue for delivery one (1) or more funding agreements. Notwithstanding the definition of "contracts of insurance", "life insurance", and "endowment insurance" or of "annuities" within subtitle 3 of this title, the issuance or delivery of a funding agreement meeting the definition set forth in subsection (a) of this section shall constitute a lawful activity of that insurer which is reasonably related to and incidental to its insurance activities and constitutes doing an insurance business in this state. (c) (1) Funding agreements may be issued to: (A) Individuals; (B) Entities authorized by this state to engage in an insurance business; (C) Entities other than individuals and other than persons or entities authorized to engage in an insurance business, but only for the purpose of funding benefits under any employee benefit plan as defined in the Employee Retirement Income Security Act of 1974, as now or hereafter amended, maintained in the United States or in a foreign country; (D) Fund any employee benefit plan or any other program sponsored by the United States Government, the government of any state or foreign country, or political subdivision thereof, or any agency thereof, and only if such agreement is issued in an amount of no less than five hundred thousand dollars ($500,000); or (E) Fund a program of an institution which has assets in excess of twenty-five million dollars ($25,000,000). (2) Otherwise, funding agreements may only be issued to any person or entity identified in this subsection, and in any sum, if the funding agreements are issued to fund an agreement providing for periodic payments in satisfaction of a claim and pursuant to order of a court of competent jurisdiction or a settlement agreement between the claimant and the putative or apparent obligor. (d) No amounts shall be guaranteed or credited under a funding agreement except upon reasonable assumptions as to investment income and expenses and on a basis equitable to all holders of funding agreements of a given class. The funding agreements shall not provide for payments to or by the insurer based on mortality or morbidity contingencies. (e) Amounts paid to the insurer and proceeds applied under optional modes of settlement under the funding agreements may be allocated by the insurer to one (1) or more separate accounts pursuant to § 23-81-402 , but only if the insurer has separately qualified to issue variable products and only if the policy owner has elected and directed the insurer to invest the moneys backing the funding agreement in variable accounts. (f) Any and all funding agreements or guaranteed investment contracts issued prior to April 21, 1993, which do not meet the definition of "insurance", "life insurance", or "annuity" as hereinabove set forth are, nonetheless, valid obligations of the respective insurers which issue them according to the terms of the particular agreements. (g) (1) All basic or generic funding agreement forms shall be submitted to the Insurance Commissioner for approval and pursuant to the procedures at § 23-79-109 . (2) The commissioner may adopt rules relating to: (A) The standards to be followed in the approval of the forms of the funding agreements; (B) The reserves to be maintained by insurers issuing the funding agreements; (C) The accounting and reporting of funds credited under the funding agreements; (D) The disclosure of information to be given to holders and prospective holders of the funding agreements; and (E) The qualification and compensation of persons selling the funding agreements on behalf of insurers. (h) Notwithstanding any other provision of law, the commissioner has sole authority to regulate the issuance and sale of the funding agreements, including the persons selling the funding agreements on behalf of insurers. Acts 1993, No. 1283, § 1; 2001, No. 1604, § 10.

(a) (1) As used in this section, the term "funding agreement" means an agreement which authorizes an admitted life insurer to accept funds and which provides for an accumulation of those funds for the purpose of making one (1) or more payments at future dates in amounts that are not based on mortality or morbidity contingencies. (2) (A) However, the term "funding agreement" does not include any agreement in connection with the funding of one (1) or more payments which are excludable from the gross income of the recipient under section 104(a)(2) of the Internal Revenue Code, as it may be amended or renumbered from time to time. (B) The term "funding agreement" shall not be construed so as to include any annuity contract.

(1) As used in this section, the term "funding agreement" means an agreement which authorizes an admitted life insurer to accept funds and which provides for an accumulation of those funds for the purpose of making one (1) or more payments at future dates in amounts that are not based on mortality or morbidity contingencies.

(2) (A) However, the term "funding agreement" does not include any agreement in connection with the funding of one (1) or more payments which are excludable from the gross income of the recipient under section 104(a)(2) of the Internal Revenue Code, as it may be amended or renumbered from time to time. (B) The term "funding agreement" shall not be construed so as to include any annuity contract.

(A) However, the term "funding agreement" does not include any agreement in connection with the funding of one (1) or more payments which are excludable from the gross income of the recipient under section 104(a)(2) of the Internal Revenue Code, as it may be amended or renumbered from time to time.

(B) The term "funding agreement" shall not be construed so as to include any annuity contract.

(b) An insurer authorized to deliver or issue for delivery annuity contracts in this state may deliver or issue for delivery one (1) or more funding agreements. Notwithstanding the definition of "contracts of insurance", "life insurance", and "endowment insurance" or of "annuities" within subtitle 3 of this title, the issuance or delivery of a funding agreement meeting the definition set forth in subsection (a) of this section shall constitute a lawful activity of that insurer which is reasonably related to and incidental to its insurance activities and constitutes doing an insurance business in this state.

(c) (1) Funding agreements may be issued to: (A) Individuals; (B) Entities authorized by this state to engage in an insurance business; (C) Entities other than individuals and other than persons or entities authorized to engage in an insurance business, but only for the purpose of funding benefits under any employee benefit plan as defined in the Employee Retirement Income Security Act of 1974, as now or hereafter amended, maintained in the United States or in a foreign country; (D) Fund any employee benefit plan or any other program sponsored by the United States Government, the government of any state or foreign country, or political subdivision thereof, or any agency thereof, and only if such agreement is issued in an amount of no less than five hundred thousand dollars ($500,000); or (E) Fund a program of an institution which has assets in excess of twenty-five million dollars ($25,000,000). (2) Otherwise, funding agreements may only be issued to any person or entity identified in this subsection, and in any sum, if the funding agreements are issued to fund an agreement providing for periodic payments in satisfaction of a claim and pursuant to order of a court of competent jurisdiction or a settlement agreement between the claimant and the putative or apparent obligor.

(1) Funding agreements may be issued to: (A) Individuals; (B) Entities authorized by this state to engage in an insurance business; (C) Entities other than individuals and other than persons or entities authorized to engage in an insurance business, but only for the purpose of funding benefits under any employee benefit plan as defined in the Employee Retirement Income Security Act of 1974, as now or hereafter amended, maintained in the United States or in a foreign country; (D) Fund any employee benefit plan or any other program sponsored by the United States Government, the government of any state or foreign country, or political subdivision thereof, or any agency thereof, and only if such agreement is issued in an amount of no less than five hundred thousand dollars ($500,000); or (E) Fund a program of an institution which has assets in excess of twenty-five million dollars ($25,000,000).

(A) Individuals;

(B) Entities authorized by this state to engage in an insurance business;

(C) Entities other than individuals and other than persons or entities authorized to engage in an insurance business, but only for the purpose of funding benefits under any employee benefit plan as defined in the Employee Retirement Income Security Act of 1974, as now or hereafter amended, maintained in the United States or in a foreign country;

(D) Fund any employee benefit plan or any other program sponsored by the United States Government, the government of any state or foreign country, or political subdivision thereof, or any agency thereof, and only if such agreement is issued in an amount of no less than five hundred thousand dollars ($500,000); or

(E) Fund a program of an institution which has assets in excess of twenty-five million dollars ($25,000,000).

(2) Otherwise, funding agreements may only be issued to any person or entity identified in this subsection, and in any sum, if the funding agreements are issued to fund an agreement providing for periodic payments in satisfaction of a claim and pursuant to order of a court of competent jurisdiction or a settlement agreement between the claimant and the putative or apparent obligor.

(d) No amounts shall be guaranteed or credited under a funding agreement except upon reasonable assumptions as to investment income and expenses and on a basis equitable to all holders of funding agreements of a given class. The funding agreements shall not provide for payments to or by the insurer based on mortality or morbidity contingencies.

(e) Amounts paid to the insurer and proceeds applied under optional modes of settlement under the funding agreements may be allocated by the insurer to one (1) or more separate accounts pursuant to § 23-81-402 , but only if the insurer has separately qualified to issue variable products and only if the policy owner has elected and directed the insurer to invest the moneys backing the funding agreement in variable accounts.

(f) Any and all funding agreements or guaranteed investment contracts issued prior to April 21, 1993, which do not meet the definition of "insurance", "life insurance", or "annuity" as hereinabove set forth are, nonetheless, valid obligations of the respective insurers which issue them according to the terms of the particular agreements.

(g) (1) All basic or generic funding agreement forms shall be submitted to the Insurance Commissioner for approval and pursuant to the procedures at § 23-79-109 . (2) The commissioner may adopt rules relating to: (A) The standards to be followed in the approval of the forms of the funding agreements; (B) The reserves to be maintained by insurers issuing the funding agreements; (C) The accounting and reporting of funds credited under the funding agreements; (D) The disclosure of information to be given to holders and prospective holders of the funding agreements; and (E) The qualification and compensation of persons selling the funding agreements on behalf of insurers.

(1) All basic or generic funding agreement forms shall be submitted to the Insurance Commissioner for approval and pursuant to the procedures at § 23-79-109 .

(2) The commissioner may adopt rules relating to: (A) The standards to be followed in the approval of the forms of the funding agreements; (B) The reserves to be maintained by insurers issuing the funding agreements; (C) The accounting and reporting of funds credited under the funding agreements; (D) The disclosure of information to be given to holders and prospective holders of the funding agreements; and (E) The qualification and compensation of persons selling the funding agreements on behalf of insurers.

(A) The standards to be followed in the approval of the forms of the funding agreements;

(B) The reserves to be maintained by insurers issuing the funding agreements;

(C) The accounting and reporting of funds credited under the funding agreements;

(D) The disclosure of information to be given to holders and prospective holders of the funding agreements; and

(E) The qualification and compensation of persons selling the funding agreements on behalf of insurers.

(h) Notwithstanding any other provision of law, the commissioner has sole authority to regulate the issuance and sale of the funding agreements, including the persons selling the funding agreements on behalf of insurers.

Acts 1993, No. 1283, § 1; 2001, No. 1604, § 10.
Ark. Code Ann. § 23-99-206 — AR Code / Title 23 / Chapter 99 / Subchapter 2 / Section 23-99-206
Violations
Status: in_force

It is a violation of this subchapter for any healthcare insurer or other person or entity to provide any health benefit plan providing for healthcare services to residents of this state that does not conform to this subchapter, but nothing in this subchapter shall constitute a violation on the basis of actions taken by the health benefit plan to maintain quality, enforce utilization rules, and to control costs. Amended by Act 2019, No. 315,§ 2801, eff. 7/24/2019. Acts 1995, No. 505, § 8.

It is a violation of this subchapter for any healthcare insurer or other person or entity to provide any health benefit plan providing for healthcare services to residents of this state that does not conform to this subchapter, but nothing in this subchapter shall constitute a violation on the basis of actions taken by the health benefit plan to maintain quality, enforce utilization rules, and to control costs.

Amended by Act 2019, No. 315,§ 2801, eff. 7/24/2019.

Acts 1995, No. 505, § 8.
Ark. Code Ann. § 23-18-107 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-107
Ratemaking policies for cost of acquisition or construction of incremental resources
Status: in_force

(a) The Arkansas Public Service Commission may adopt ratemaking policies appropriate to allow utilities to recover from their customers the reasonable and prudent costs and a reasonable return associated with the acquisition or construction by electric utilities of incremental resources. (b) Nothing in this section shall be deemed to supersede the provisions of § 23-4-103 . Acts 2003, No. 204, § 11.

(a) The Arkansas Public Service Commission may adopt ratemaking policies appropriate to allow utilities to recover from their customers the reasonable and prudent costs and a reasonable return associated with the acquisition or construction by electric utilities of incremental resources.

(b) Nothing in this section shall be deemed to supersede the provisions of § 23-4-103 .

Acts 2003, No. 204, § 11.
Ark. Code Ann. § 23-4-404 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-404
Proposed changes to be reflected in schedules
Status: in_force

All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon schedules filed and in force at the time and kept open to public inspection.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-61-901 — AR Code / Title 23 / Chapter 61 / Subchapter 9 / Section 23-61-901
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Healthcare Transparency Initiative Act of 2015". Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.

This subchapter shall be known and may be cited as the "Arkansas Healthcare Transparency Initiative Act of 2015".

Added by Act 2015, No. 1233,§ 1, eff. 4/7/2015.
Ark. Code Ann. § 23-4-606 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-606
Continuous railroad lines
Status: in_force

(a) In all cases where there is, by physical connection of railroads, a continuous line of railway communication between railroad stations within this state, whether such stations are on railroads operated by one and the same company or corporation or on railroads operated by different and independent companies or corporations, it shall be the duty of the Arkansas Department of Transportation, to and from such stations, to make just and reasonable rates for freight, express, and passenger traffic, to be observed by all persons, companies, or corporations operating any railroad or engaged in transporting persons or property as express or freight in this state. (b) (1) All persons, companies, or corporations operating any railroad in this state that forms part of a continuous line of railroad communication to any point in this state shall issue through-passenger tickets and check baggage through to and from points on the continuous line of communication at through-rates and fares. (2) All freight and traffic carried wholly within this state to and from stations on lines of continuous carriage aforesaid shall be waybilled through at through-rates and tolls from point of departure to point of arrival without being rebilled at junction points. In cases of carload freights, the forwarding carrier shall receive and forward the same in cars in which the freight is tendered without breaking bulk of package. Amended by Act 2017, No. 707,§ 112, eff. 8/1/2017. Acts 1903, No. 130, §§ 2, 3, p. 218; C. & M. Dig., §§ 860, 1646; Pope's Dig., §§ 1064, 1967; A.S.A. 1947, §§ 73-1408, 73-1409.

(a) In all cases where there is, by physical connection of railroads, a continuous line of railway communication between railroad stations within this state, whether such stations are on railroads operated by one and the same company or corporation or on railroads operated by different and independent companies or corporations, it shall be the duty of the Arkansas Department of Transportation, to and from such stations, to make just and reasonable rates for freight, express, and passenger traffic, to be observed by all persons, companies, or corporations operating any railroad or engaged in transporting persons or property as express or freight in this state.

(b) (1) All persons, companies, or corporations operating any railroad in this state that forms part of a continuous line of railroad communication to any point in this state shall issue through-passenger tickets and check baggage through to and from points on the continuous line of communication at through-rates and fares. (2) All freight and traffic carried wholly within this state to and from stations on lines of continuous carriage aforesaid shall be waybilled through at through-rates and tolls from point of departure to point of arrival without being rebilled at junction points. In cases of carload freights, the forwarding carrier shall receive and forward the same in cars in which the freight is tendered without breaking bulk of package.

(1) All persons, companies, or corporations operating any railroad in this state that forms part of a continuous line of railroad communication to any point in this state shall issue through-passenger tickets and check baggage through to and from points on the continuous line of communication at through-rates and fares.

(2) All freight and traffic carried wholly within this state to and from stations on lines of continuous carriage aforesaid shall be waybilled through at through-rates and tolls from point of departure to point of arrival without being rebilled at junction points. In cases of carload freights, the forwarding carrier shall receive and forward the same in cars in which the freight is tendered without breaking bulk of package.

Amended by Act 2017, No. 707,§ 112, eff. 8/1/2017.

Acts 1903, No. 130, §§ 2, 3, p. 218; C. & M. Dig., §§ 860, 1646; Pope's Dig., §§ 1064, 1967; A.S.A. 1947, §§ 73-1408, 73-1409.
Ark. Code Ann. § 23-94-209 — AR Code / Title 23 / Chapter 94 / Subchapter 2 / Section 23-94-209
Restrictions on insurance purchased by purchasing groups
Status: in_force

(a) A purchasing group may not purchase insurance from a risk retention group that does not hold a certificate of registration in this state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus line laws and rules of such state. (b) A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the group which have a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state, and that the risk retention group or insurer may not be subject to all insurance laws and rules of this state. (c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members. (d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance. Amended by Act 2019, No. 315,§ 2785, eff. 7/24/2019. Acts 1995, No. 623, § 1.

(a) A purchasing group may not purchase insurance from a risk retention group that does not hold a certificate of registration in this state or from an insurer not admitted in the state in which the purchasing group is located, unless the purchase is effected through a licensed agent or broker acting pursuant to the surplus line laws and rules of such state.

(b) A purchasing group which obtains liability insurance from an insurer not admitted in this state or a risk retention group shall inform each of the members of the group which have a risk resident or located in this state that the risk is not protected by an insurance insolvency guaranty fund in this state, and that the risk retention group or insurer may not be subject to all insurance laws and rules of this state.

(c) No purchasing group may purchase insurance providing for a deductible or self-insured retention applicable to the group as a whole; however, coverage may provide for a deductible or self-insured retention applicable to individual members.

(d) Purchases of insurance by purchasing groups are subject to the same standards regarding aggregate limits which are applicable to all purchases of group insurance.

Amended by Act 2019, No. 315,§ 2785, eff. 7/24/2019.

Acts 1995, No. 623, § 1.
Ark. Code Ann. § 23-51-104 — AR Code / Title 23 / Chapter 51 / Section 23-51-104
Organization and powers of state trust company
Status: in_force

(a) Subject to the other provisions of this chapter, one or more persons may organize and charter a state trust company. A state trust company may perform any act as a fiduciary or engage in any trust business within or without this state. (b) Subject to § 23-51-111 , a state trust company may exercise the powers of an Arkansas business corporation reasonably necessary or helpful to enable exercise of its specific powers under this chapter. (c) A state trust company may contribute to community funds, or to charitable, philanthropic, or benevolent instrumentalities conducive to public welfare, amounts that its board considers appropriate and in the interests of the state trust company. (d) Subject to § 23-51-130 , a state trust company may deposit trust funds with itself or an affiliate. (e) Subject to obtaining any required insurance from the Federal Deposit Insurance Corporation (FDIC), a state trust company may receive and pay deposits with or without interest, made by agencies of the United States Government or of a state, county, or municipality. Acts 1997, No. 940, § 4.

(a) Subject to the other provisions of this chapter, one or more persons may organize and charter a state trust company. A state trust company may perform any act as a fiduciary or engage in any trust business within or without this state.

(b) Subject to § 23-51-111 , a state trust company may exercise the powers of an Arkansas business corporation reasonably necessary or helpful to enable exercise of its specific powers under this chapter.

(c) A state trust company may contribute to community funds, or to charitable, philanthropic, or benevolent instrumentalities conducive to public welfare, amounts that its board considers appropriate and in the interests of the state trust company.

(d) Subject to § 23-51-130 , a state trust company may deposit trust funds with itself or an affiliate.

(e) Subject to obtaining any required insurance from the Federal Deposit Insurance Corporation (FDIC), a state trust company may receive and pay deposits with or without interest, made by agencies of the United States Government or of a state, county, or municipality.

Acts 1997, No. 940, § 4.
Ark. Code Ann. § 23-63-1503 — AR Code / Title 23 / Chapter 63 / Subchapter 15 / Section 23-63-1503
Company action level event
Status: in_force

(a) "Company action level event" means any of the following events: (1) The filing of an RBC report by a health organization that indicates that the health organization's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; (2) For the year ending December 31, 2011, and each following year, if a health organization has total adjusted capital that: (A) Is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and three (3); and (B) The triggering of the trend test determined in accordance with the trend test calculation included in the health organization's RBC instructions; (3) The notification by the Insurance Commissioner to the health organization of an adjusted RBC report that indicates an event in subdivision (a)(1) of this section, provided the health organization does not challenge the adjusted RBC report under § 23-63-1507 ; or (4) If under § 23-63-1507 a health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, the notification by the Insurance Commissioner to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge. (b) In the event of a company action level event, the health organization shall prepare and submit to the Insurance Commissioner an RBC plan that shall: (1) Identify the conditions that contribute to the company action level event; (2) Contain proposals of corrective actions that the health organization intends to take and that would be expected to result in the elimination of the company action level event; (3) (A) Provide projections of the health organization's financial results in the current year and at least the two (2) succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheets, operating income, net income, capital and surplus, and RBC levels. (B) The projections for new and renewal business may include separate projections for each major line of business and separately identify each significant income, expense, and benefit component; (4) Identify the key assumptions impacting the health organization's projections and the sensitivity of the projections to the assumptions; and (5) Identify the quality of and problems associated with the health organization's business, including without limitation its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance in each case. (c) The RBC plan shall be submitted: (1) Within forty-five (45) days after the company action level event; or (2) If the health organization challenges an adjusted RBC report under § 23-63-1507 within forty-five (45) days after notification to the health organization that the Insurance Commissioner has, after a hearing, rejected the health organization's challenge. (d) (1) Within sixty (60) days after the submission by a health organization of an RBC plan to the Insurance Commissioner, the Insurance Commissioner shall notify the health organization if the RBC plan shall be implemented or is, in the judgment of the Insurance Commissioner, unsatisfactory. (2) If the Insurance Commissioner determines the RBC plan is unsatisfactory, the notification to the health organization shall state the reasons for the determination and may state proposed revisions which will render the RBC plan satisfactory, in the judgment of the Insurance Commissioner. (3) Upon notification from the Insurance Commissioner, the health organization shall prepare a revised RBC plan that may incorporate by reference the revisions proposed by the Insurance Commissioner and shall submit the revised RBC plan to the Insurance Commissioner: (A) Within forty-five (45) days after the notification from the Insurance Commissioner; or (B) If the health organization challenges the notification from the Insurance Commissioner under § 23-63-1507 , within forty-five (45) days after a notification to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge. (e) In the event of a notification by the Insurance Commissioner to a health organization that the health organization's RBC plan or revised RBC plan is unsatisfactory, the Insurance Commissioner, subject to the health organization's right to a hearing under § 23-63-1507 , may specify in the notification that the notification constitutes a regulatory action level event. (f) Each domestic health organization that files an RBC plan or revised RBC plan with the Insurance Commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner in any state in which the health organization is authorized to do business if: (1) The state has an RBC provision substantially similar to § 23-63-1508(a) ; and (2) The insurance commissioner of that state has notified the health organization of its request for the filing in writing, in which case the health organization shall file a copy of the RBC plan or revised RBC plan in that state by the later of: (A) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or (B) The date that the RBC plan or revised RBC plan is filed under subsections (c) and (d) of this section. Acts 1999, No. 580, § 3; 2011, No. 760, § 5.

(a) "Company action level event" means any of the following events: (1) The filing of an RBC report by a health organization that indicates that the health organization's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC; (2) For the year ending December 31, 2011, and each following year, if a health organization has total adjusted capital that: (A) Is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and three (3); and (B) The triggering of the trend test determined in accordance with the trend test calculation included in the health organization's RBC instructions; (3) The notification by the Insurance Commissioner to the health organization of an adjusted RBC report that indicates an event in subdivision (a)(1) of this section, provided the health organization does not challenge the adjusted RBC report under § 23-63-1507 ; or (4) If under § 23-63-1507 a health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, the notification by the Insurance Commissioner to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge.

(1) The filing of an RBC report by a health organization that indicates that the health organization's total adjusted capital is greater than or equal to its regulatory action level RBC but less than its company action level RBC;

(2) For the year ending December 31, 2011, and each following year, if a health organization has total adjusted capital that: (A) Is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and three (3); and (B) The triggering of the trend test determined in accordance with the trend test calculation included in the health organization's RBC instructions;

(A) Is greater than or equal to its company action level RBC but less than the product of its authorized control level RBC and three (3); and

(B) The triggering of the trend test determined in accordance with the trend test calculation included in the health organization's RBC instructions;

(3) The notification by the Insurance Commissioner to the health organization of an adjusted RBC report that indicates an event in subdivision (a)(1) of this section, provided the health organization does not challenge the adjusted RBC report under § 23-63-1507 ; or

(4) If under § 23-63-1507 a health organization challenges an adjusted RBC report that indicates the event in subdivision (a)(1) of this section, the notification by the Insurance Commissioner to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge.

(b) In the event of a company action level event, the health organization shall prepare and submit to the Insurance Commissioner an RBC plan that shall: (1) Identify the conditions that contribute to the company action level event; (2) Contain proposals of corrective actions that the health organization intends to take and that would be expected to result in the elimination of the company action level event; (3) (A) Provide projections of the health organization's financial results in the current year and at least the two (2) succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheets, operating income, net income, capital and surplus, and RBC levels. (B) The projections for new and renewal business may include separate projections for each major line of business and separately identify each significant income, expense, and benefit component; (4) Identify the key assumptions impacting the health organization's projections and the sensitivity of the projections to the assumptions; and (5) Identify the quality of and problems associated with the health organization's business, including without limitation its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance in each case.

(1) Identify the conditions that contribute to the company action level event;

(2) Contain proposals of corrective actions that the health organization intends to take and that would be expected to result in the elimination of the company action level event;

(3) (A) Provide projections of the health organization's financial results in the current year and at least the two (2) succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheets, operating income, net income, capital and surplus, and RBC levels. (B) The projections for new and renewal business may include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;

(A) Provide projections of the health organization's financial results in the current year and at least the two (2) succeeding years, both in the absence of proposed corrective actions and giving effect to the proposed corrective actions, including projections of statutory balance sheets, operating income, net income, capital and surplus, and RBC levels.

(B) The projections for new and renewal business may include separate projections for each major line of business and separately identify each significant income, expense, and benefit component;

(4) Identify the key assumptions impacting the health organization's projections and the sensitivity of the projections to the assumptions; and

(5) Identify the quality of and problems associated with the health organization's business, including without limitation its assets, anticipated business growth and associated surplus strain, extraordinary exposure to risk, mix of business, and use of reinsurance in each case.

(c) The RBC plan shall be submitted: (1) Within forty-five (45) days after the company action level event; or (2) If the health organization challenges an adjusted RBC report under § 23-63-1507 within forty-five (45) days after notification to the health organization that the Insurance Commissioner has, after a hearing, rejected the health organization's challenge.

(1) Within forty-five (45) days after the company action level event; or

(2) If the health organization challenges an adjusted RBC report under § 23-63-1507 within forty-five (45) days after notification to the health organization that the Insurance Commissioner has, after a hearing, rejected the health organization's challenge.

(d) (1) Within sixty (60) days after the submission by a health organization of an RBC plan to the Insurance Commissioner, the Insurance Commissioner shall notify the health organization if the RBC plan shall be implemented or is, in the judgment of the Insurance Commissioner, unsatisfactory. (2) If the Insurance Commissioner determines the RBC plan is unsatisfactory, the notification to the health organization shall state the reasons for the determination and may state proposed revisions which will render the RBC plan satisfactory, in the judgment of the Insurance Commissioner. (3) Upon notification from the Insurance Commissioner, the health organization shall prepare a revised RBC plan that may incorporate by reference the revisions proposed by the Insurance Commissioner and shall submit the revised RBC plan to the Insurance Commissioner: (A) Within forty-five (45) days after the notification from the Insurance Commissioner; or (B) If the health organization challenges the notification from the Insurance Commissioner under § 23-63-1507 , within forty-five (45) days after a notification to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge.

(1) Within sixty (60) days after the submission by a health organization of an RBC plan to the Insurance Commissioner, the Insurance Commissioner shall notify the health organization if the RBC plan shall be implemented or is, in the judgment of the Insurance Commissioner, unsatisfactory.

(2) If the Insurance Commissioner determines the RBC plan is unsatisfactory, the notification to the health organization shall state the reasons for the determination and may state proposed revisions which will render the RBC plan satisfactory, in the judgment of the Insurance Commissioner.

(3) Upon notification from the Insurance Commissioner, the health organization shall prepare a revised RBC plan that may incorporate by reference the revisions proposed by the Insurance Commissioner and shall submit the revised RBC plan to the Insurance Commissioner: (A) Within forty-five (45) days after the notification from the Insurance Commissioner; or (B) If the health organization challenges the notification from the Insurance Commissioner under § 23-63-1507 , within forty-five (45) days after a notification to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge.

(A) Within forty-five (45) days after the notification from the Insurance Commissioner; or

(B) If the health organization challenges the notification from the Insurance Commissioner under § 23-63-1507 , within forty-five (45) days after a notification to the health organization that the Insurance Commissioner, after a hearing, has rejected the health organization's challenge.

(e) In the event of a notification by the Insurance Commissioner to a health organization that the health organization's RBC plan or revised RBC plan is unsatisfactory, the Insurance Commissioner, subject to the health organization's right to a hearing under § 23-63-1507 , may specify in the notification that the notification constitutes a regulatory action level event.

(f) Each domestic health organization that files an RBC plan or revised RBC plan with the Insurance Commissioner shall file a copy of the RBC plan or revised RBC plan with the insurance commissioner in any state in which the health organization is authorized to do business if: (1) The state has an RBC provision substantially similar to § 23-63-1508(a) ; and (2) The insurance commissioner of that state has notified the health organization of its request for the filing in writing, in which case the health organization shall file a copy of the RBC plan or revised RBC plan in that state by the later of: (A) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or (B) The date that the RBC plan or revised RBC plan is filed under subsections (c) and (d) of this section.

(1) The state has an RBC provision substantially similar to § 23-63-1508(a) ; and

(2) The insurance commissioner of that state has notified the health organization of its request for the filing in writing, in which case the health organization shall file a copy of the RBC plan or revised RBC plan in that state by the later of: (A) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or (B) The date that the RBC plan or revised RBC plan is filed under subsections (c) and (d) of this section.

(A) Fifteen (15) days after the receipt of notice to file a copy of its RBC plan or revised RBC plan with the state; or

(B) The date that the RBC plan or revised RBC plan is filed under subsections (c) and (d) of this section.

Acts 1999, No. 580, § 3; 2011, No. 760, § 5.
Ark. Code Ann. § 23-66-207 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-207
Rules to identify prohibited methods of competition, acts, or practices
Status: in_force

(a) The Insurance Commissioner may, after notice and hearing, promulgate reasonable rules, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by § 23-66-206 or § 23-66-312 , but the rules shall not enlarge upon or extend the provisions of those sections. (b) The rules shall be subject to review in accordance with § 23-61-307 . Amended by Act 2019, No. 315,§ 2663, eff. 7/24/2019. Acts 1959, No. 148, § 217; 1973, No. 41, § 6; A.S.A. 1947, § 66-3010.

(a) The Insurance Commissioner may, after notice and hearing, promulgate reasonable rules, as are necessary or proper to identify specific methods of competition or acts or practices which are prohibited by § 23-66-206 or § 23-66-312 , but the rules shall not enlarge upon or extend the provisions of those sections.

(b) The rules shall be subject to review in accordance with § 23-61-307 .

Amended by Act 2019, No. 315,§ 2663, eff. 7/24/2019.

Acts 1959, No. 148, § 217; 1973, No. 41, § 6; A.S.A. 1947, § 66-3010.
Ark. Code Ann. § 23-55-608 — AR Code / Title 23 / Chapter 55 / Section 23-55-608
Disclosure requirements
Status: in_force

(a) A licensee shall provide its name and mailing address or telephone number to the purchaser in connection with each money transmission or currency exchange transaction conducted by the licensee directly or through an authorized delegate. (b) An authorized delegate shall display prominently in a form and in a medium prescribed by the Securities Commissioner a notice that states or contains the following information: (1) The name, mailing address, and telephone number of the authorized delegate; (2) For each licensee of the authorized delegate: (A) A statement that the authorized delegate is an agent conducting business on behalf of the licensee under this chapter; and (B) The name, mailing address, and telephone number of the licensee; and (3) A statement: (A) Directing consumers with complaints to contact the State Securities Department; and (B) Containing the current mailing address and telephone number of the department. Acts 2009, No. 486, § 16.

(a) A licensee shall provide its name and mailing address or telephone number to the purchaser in connection with each money transmission or currency exchange transaction conducted by the licensee directly or through an authorized delegate.

(b) An authorized delegate shall display prominently in a form and in a medium prescribed by the Securities Commissioner a notice that states or contains the following information: (1) The name, mailing address, and telephone number of the authorized delegate; (2) For each licensee of the authorized delegate: (A) A statement that the authorized delegate is an agent conducting business on behalf of the licensee under this chapter; and (B) The name, mailing address, and telephone number of the licensee; and (3) A statement: (A) Directing consumers with complaints to contact the State Securities Department; and (B) Containing the current mailing address and telephone number of the department.

(1) The name, mailing address, and telephone number of the authorized delegate;

(2) For each licensee of the authorized delegate: (A) A statement that the authorized delegate is an agent conducting business on behalf of the licensee under this chapter; and (B) The name, mailing address, and telephone number of the licensee; and

(A) A statement that the authorized delegate is an agent conducting business on behalf of the licensee under this chapter; and

(B) The name, mailing address, and telephone number of the licensee; and

(3) A statement: (A) Directing consumers with complaints to contact the State Securities Department; and (B) Containing the current mailing address and telephone number of the department.

(A) Directing consumers with complaints to contact the State Securities Department; and

(B) Containing the current mailing address and telephone number of the department.

Acts 2009, No. 486, § 16.
Ark. Code Ann. § 23-48-803 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-803
Notice of establishment of terminal
Status: in_force

(a) As to any and each customer-bank communication terminal which a state bank proposes to establish, the state bank shall notify the Bank Commissioner of the establishment and location of the terminal. (b) No notice need be given for any device or machine which: (1) Is used solely to verify a customer's credit for purposes of check cashing or of a credit card transaction; or (2) Is a part of a bank's authorized main office or branch. (c) No hearing or permit shall be required to establish or use a customer-bank communication terminal. Acts 1997, No. 89, § 1; 1999, No. 113, § 8.

(a) As to any and each customer-bank communication terminal which a state bank proposes to establish, the state bank shall notify the Bank Commissioner of the establishment and location of the terminal.

(b) No notice need be given for any device or machine which: (1) Is used solely to verify a customer's credit for purposes of check cashing or of a credit card transaction; or (2) Is a part of a bank's authorized main office or branch.

(1) Is used solely to verify a customer's credit for purposes of check cashing or of a credit card transaction; or

(2) Is a part of a bank's authorized main office or branch.

(c) No hearing or permit shall be required to establish or use a customer-bank communication terminal.

Acts 1997, No. 89, § 1; 1999, No. 113, § 8.
Ark. Code Ann. § 23-2-414 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-414
Witness and mileage fees
Status: in_force

(a) Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in courts of record. (b) Witnesses whose depositions are taken pursuant to the provisions of this act and the officer taking the deposition shall be entitled to the same fees as are paid for like services in such courts. (c) Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees and mileage of all his or her witnesses. (d) The mileage and attendance fees shall be paid by the warrant of the Auditor of State, upon the presentation of the proper vouchers sworn to by the witness and approved by the chair of the commission. (e) (1) No witness shall be entitled to any witness fees or mileage if that witness: (A) Is directly or indirectly interested in any railroad in this state or outside this state; (B) Is in any way interested in any stock, bond, mortgage, security, or earnings of any such railroad; or (C) Shall be the agent or employee of such a railroad, or any officer thereof, when summoned at the instance of the railroad. (2) No witness furnished with free transportation shall receive pay for the distance he or she may have traveled on free transportation. Acts 1899, No. 53, § 29, p. 82; C. & M. Dig., § 1688; Acts 1935, No. 324, § 23; Pope's Dig., §§ 1992, 2086; A.S.A. 1947, §§ 73-131, 73-222.

(a) Witnesses who are summoned before the commission shall be paid the same fees and mileage as are paid to witnesses in courts of record.

(b) Witnesses whose depositions are taken pursuant to the provisions of this act and the officer taking the deposition shall be entitled to the same fees as are paid for like services in such courts.

(c) Any party to a proceeding at whose instance a subpoena is issued and served shall pay the costs incident thereto and the fees and mileage of all his or her witnesses.

(d) The mileage and attendance fees shall be paid by the warrant of the Auditor of State, upon the presentation of the proper vouchers sworn to by the witness and approved by the chair of the commission.

(e) (1) No witness shall be entitled to any witness fees or mileage if that witness: (A) Is directly or indirectly interested in any railroad in this state or outside this state; (B) Is in any way interested in any stock, bond, mortgage, security, or earnings of any such railroad; or (C) Shall be the agent or employee of such a railroad, or any officer thereof, when summoned at the instance of the railroad. (2) No witness furnished with free transportation shall receive pay for the distance he or she may have traveled on free transportation.

(1) No witness shall be entitled to any witness fees or mileage if that witness: (A) Is directly or indirectly interested in any railroad in this state or outside this state; (B) Is in any way interested in any stock, bond, mortgage, security, or earnings of any such railroad; or (C) Shall be the agent or employee of such a railroad, or any officer thereof, when summoned at the instance of the railroad.

(A) Is directly or indirectly interested in any railroad in this state or outside this state;

(B) Is in any way interested in any stock, bond, mortgage, security, or earnings of any such railroad; or

(C) Shall be the agent or employee of such a railroad, or any officer thereof, when summoned at the instance of the railroad.

(2) No witness furnished with free transportation shall receive pay for the distance he or she may have traveled on free transportation.

Acts 1899, No. 53, § 29, p. 82; C. & M. Dig., § 1688; Acts 1935, No. 324, § 23; Pope's Dig., §§ 1992, 2086; A.S.A. 1947, §§ 73-131, 73-222.
Ark. Code Ann. § 23-17-407 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-407
Regulation of rates for basic local exchange service and switched-access service of electing companies - Definition
Status: in_force

(a) (1) The rates for basic local exchange service and switched-access services that were in effect in the date twelve (12) months prior to the date of filing of a notice of election by a local exchange carrier pursuant to § 23-17-406 shall be the maximum that the electing local exchange carrier may charge for the services for a period of three (3) years after the date of filing, excluding rate increases ordered by the Arkansas Public Service Commission pursuant to § 23-17-404 . (2) (A) An electing company may decrease or, subsequent to a decrease, increase up to the rate that was effective at the time of election pursuant to this section. (B) The rate changes shall be effective immediately, without commission approval, by filing a tariff or notice with the commission. (b) (1) After the expiration of the three-year period, the rates for basic local exchange services and switched-access services, excluding the intrastate carrier common line charge, may be adjusted by the electing company filing a price list with the commission, as long as: (A) The rates remain at or below the inflation-based rate cap; or (B) The rate increase results from the provision of extended area services required as the result of customer election under commission rules. (2) Inflation shall be measured by the year-over-year percent change in the gross domestic product price index calculated by the United States Department of Commerce, or any successor to the index. (3) The electing company is authorized to adjust the rate cap for each basic local exchange service and switched-access service by seventy-five percent (75%) of this inflation measure, adjusted for exogenous changes specified in subsection (e) of this section, and excluding rate increases ordered by the commission pursuant to § 23-17-404 . (4) The rate cap may only be adjusted one (1) time each twelve (12) months beginning at the expiration of the three-year period after the date of initial filing to be regulated pursuant to this section and §§ 23-17-406 and 23-17-408 . (c) As long as an electing company is in compliance with subsections (a) and (b) of this section, such rates are deemed just and reasonable. (d) Notwithstanding the provisions of this section, if, at any time following the date of election pursuant to this section, another telecommunications provider is providing basic local exchange service or switched-access service within an electing company's local exchange area, the electing company within any exchange of the electing company in which another telecommunications provider is providing these services may commence determining its rates for basic local exchange service and switched-access services in the same manner that it determines its rates for services other than basic local exchange service and switched-access service, pursuant to § 23-17-408(c) . (e) As used in this section, the term "exogenous change" means a cumulative impact on a local exchange carrier's intrastate regulated revenue, expenses, or investment of more than three percent (3%) over a twelve-month period, that is attributable to changes in federal, state, or local government mandates, rules, regulations, or statutes. Acts 1997, No. 77, § 7; 2003, No. 1764, § 3; 2007, No. 385, § 6.

(a) (1) The rates for basic local exchange service and switched-access services that were in effect in the date twelve (12) months prior to the date of filing of a notice of election by a local exchange carrier pursuant to § 23-17-406 shall be the maximum that the electing local exchange carrier may charge for the services for a period of three (3) years after the date of filing, excluding rate increases ordered by the Arkansas Public Service Commission pursuant to § 23-17-404 . (2) (A) An electing company may decrease or, subsequent to a decrease, increase up to the rate that was effective at the time of election pursuant to this section. (B) The rate changes shall be effective immediately, without commission approval, by filing a tariff or notice with the commission.

(1) The rates for basic local exchange service and switched-access services that were in effect in the date twelve (12) months prior to the date of filing of a notice of election by a local exchange carrier pursuant to § 23-17-406 shall be the maximum that the electing local exchange carrier may charge for the services for a period of three (3) years after the date of filing, excluding rate increases ordered by the Arkansas Public Service Commission pursuant to § 23-17-404 .

(2) (A) An electing company may decrease or, subsequent to a decrease, increase up to the rate that was effective at the time of election pursuant to this section. (B) The rate changes shall be effective immediately, without commission approval, by filing a tariff or notice with the commission.

(A) An electing company may decrease or, subsequent to a decrease, increase up to the rate that was effective at the time of election pursuant to this section.

(B) The rate changes shall be effective immediately, without commission approval, by filing a tariff or notice with the commission.

(b) (1) After the expiration of the three-year period, the rates for basic local exchange services and switched-access services, excluding the intrastate carrier common line charge, may be adjusted by the electing company filing a price list with the commission, as long as: (A) The rates remain at or below the inflation-based rate cap; or (B) The rate increase results from the provision of extended area services required as the result of customer election under commission rules. (2) Inflation shall be measured by the year-over-year percent change in the gross domestic product price index calculated by the United States Department of Commerce, or any successor to the index. (3) The electing company is authorized to adjust the rate cap for each basic local exchange service and switched-access service by seventy-five percent (75%) of this inflation measure, adjusted for exogenous changes specified in subsection (e) of this section, and excluding rate increases ordered by the commission pursuant to § 23-17-404 . (4) The rate cap may only be adjusted one (1) time each twelve (12) months beginning at the expiration of the three-year period after the date of initial filing to be regulated pursuant to this section and §§ 23-17-406 and 23-17-408 .

(1) After the expiration of the three-year period, the rates for basic local exchange services and switched-access services, excluding the intrastate carrier common line charge, may be adjusted by the electing company filing a price list with the commission, as long as: (A) The rates remain at or below the inflation-based rate cap; or (B) The rate increase results from the provision of extended area services required as the result of customer election under commission rules.

(A) The rates remain at or below the inflation-based rate cap; or

(B) The rate increase results from the provision of extended area services required as the result of customer election under commission rules.

(2) Inflation shall be measured by the year-over-year percent change in the gross domestic product price index calculated by the United States Department of Commerce, or any successor to the index.

(3) The electing company is authorized to adjust the rate cap for each basic local exchange service and switched-access service by seventy-five percent (75%) of this inflation measure, adjusted for exogenous changes specified in subsection (e) of this section, and excluding rate increases ordered by the commission pursuant to § 23-17-404 .

(4) The rate cap may only be adjusted one (1) time each twelve (12) months beginning at the expiration of the three-year period after the date of initial filing to be regulated pursuant to this section and §§ 23-17-406 and 23-17-408 .

(c) As long as an electing company is in compliance with subsections (a) and (b) of this section, such rates are deemed just and reasonable.

(d) Notwithstanding the provisions of this section, if, at any time following the date of election pursuant to this section, another telecommunications provider is providing basic local exchange service or switched-access service within an electing company's local exchange area, the electing company within any exchange of the electing company in which another telecommunications provider is providing these services may commence determining its rates for basic local exchange service and switched-access services in the same manner that it determines its rates for services other than basic local exchange service and switched-access service, pursuant to § 23-17-408(c) .

(e) As used in this section, the term "exogenous change" means a cumulative impact on a local exchange carrier's intrastate regulated revenue, expenses, or investment of more than three percent (3%) over a twelve-month period, that is attributable to changes in federal, state, or local government mandates, rules, regulations, or statutes.

Acts 1997, No. 77, § 7; 2003, No. 1764, § 3; 2007, No. 385, § 6.
Ark. Code Ann. § 23-12-706 — AR Code / Title 23 / Chapter 12 / Subchapter 7 / Section 23-12-706
Railroad police - Compensation
Status: in_force

The compensation for railroad police officers shall be paid by the company for which they are respectively appointed. Acts 1973, No. 57, § 5; A.S.A. 1947, § 73-638.

The compensation for railroad police officers shall be paid by the company for which they are respectively appointed.

Acts 1973, No. 57, § 5; A.S.A. 1947, § 73-638.
Ark. Code Ann. § 23-73-115 — AR Code / Title 23 / Chapter 73 / Section 23-73-115
Management and exclusive agency contracts
Status: in_force

(a) (1) No farmers' mutual aid company or association shall make any contract whereby any person is granted or is to enjoy in fact the management of the company or association or to have the controlling or preemptive right to produce substantially all insurance business for the company or association, unless the contract is filed with and approved by the Insurance Commissioner. (2) The contract shall be deemed approved, unless disapproved by the commissioner within thirty (30) days after date of filing, subject to such reasonable extension of time as the commissioner may require by notice given within the thirty (30) days. (3) Any disapproval shall be delivered to the company or association in writing, stating the grounds therefor. (b) The commissioner shall disapprove any contract if the commissioner finds that it: (1) Subjects the company or association to excessive charges; (2) Is to extend for an unreasonable length of time; (3) Does not contain fair and adequate standards of performance; (4) Grants the management of the association, to the substantial exclusion of its board of directors, to any person, corporation, partnership, joint venture, limited partnership, or limited liability company; (5) Requires the association to guarantee the manager's obligation or performance to anyone other than the association; (6) Allows the manager to assign its rights under the agreement to a third party without the consent of the board of directors and the commissioner; or (7) Contains other inequitable provisions which impair the proper interests of the company or association. (c) The commissioner, in his or her discretion, may require submission of a contract for review at any time if he or she believes a review would be in the best interest of policyholders of the company or association. (d) (1) No association shall indemnify or insure its manager's obligations to any other person or entity, unless by operation of law. (2) To the extent allowed by law, any indemnification by the association shall be limited to the extent of any insurance or reinsurance coverages applicable to the loss indemnified or insured. (e) The association shall disclose to the commissioner the name of any member of its board of directors that is also an officer, stockholder, agent, partner, limited partner, limited liability company member, joint venturer, or employee of the manager. (f) The acts of the manager may be examined as if it were the association. (g) The commissioner may adopt reasonable rules for the implementation and administration of the provisions of this section. Amended by Act 2019, No. 315,§ 2694, eff. 7/24/2019. Acts 1959, No. 148, § 593.1, as added by Acts 1983, No. 522, § 34; A.S.A. 1947, § 66-4616; Acts 1997, No. 774, § 1; 2001, No. 1811, § 1.

(a) (1) No farmers' mutual aid company or association shall make any contract whereby any person is granted or is to enjoy in fact the management of the company or association or to have the controlling or preemptive right to produce substantially all insurance business for the company or association, unless the contract is filed with and approved by the Insurance Commissioner. (2) The contract shall be deemed approved, unless disapproved by the commissioner within thirty (30) days after date of filing, subject to such reasonable extension of time as the commissioner may require by notice given within the thirty (30) days. (3) Any disapproval shall be delivered to the company or association in writing, stating the grounds therefor.

(1) No farmers' mutual aid company or association shall make any contract whereby any person is granted or is to enjoy in fact the management of the company or association or to have the controlling or preemptive right to produce substantially all insurance business for the company or association, unless the contract is filed with and approved by the Insurance Commissioner.

(2) The contract shall be deemed approved, unless disapproved by the commissioner within thirty (30) days after date of filing, subject to such reasonable extension of time as the commissioner may require by notice given within the thirty (30) days.

(3) Any disapproval shall be delivered to the company or association in writing, stating the grounds therefor.

(b) The commissioner shall disapprove any contract if the commissioner finds that it: (1) Subjects the company or association to excessive charges; (2) Is to extend for an unreasonable length of time; (3) Does not contain fair and adequate standards of performance; (4) Grants the management of the association, to the substantial exclusion of its board of directors, to any person, corporation, partnership, joint venture, limited partnership, or limited liability company; (5) Requires the association to guarantee the manager's obligation or performance to anyone other than the association; (6) Allows the manager to assign its rights under the agreement to a third party without the consent of the board of directors and the commissioner; or (7) Contains other inequitable provisions which impair the proper interests of the company or association.

(1) Subjects the company or association to excessive charges;

(2) Is to extend for an unreasonable length of time;

(3) Does not contain fair and adequate standards of performance;

(4) Grants the management of the association, to the substantial exclusion of its board of directors, to any person, corporation, partnership, joint venture, limited partnership, or limited liability company;

(5) Requires the association to guarantee the manager's obligation or performance to anyone other than the association;

(6) Allows the manager to assign its rights under the agreement to a third party without the consent of the board of directors and the commissioner; or

(7) Contains other inequitable provisions which impair the proper interests of the company or association.

(c) The commissioner, in his or her discretion, may require submission of a contract for review at any time if he or she believes a review would be in the best interest of policyholders of the company or association.

(d) (1) No association shall indemnify or insure its manager's obligations to any other person or entity, unless by operation of law. (2) To the extent allowed by law, any indemnification by the association shall be limited to the extent of any insurance or reinsurance coverages applicable to the loss indemnified or insured.

(1) No association shall indemnify or insure its manager's obligations to any other person or entity, unless by operation of law.

(2) To the extent allowed by law, any indemnification by the association shall be limited to the extent of any insurance or reinsurance coverages applicable to the loss indemnified or insured.

(e) The association shall disclose to the commissioner the name of any member of its board of directors that is also an officer, stockholder, agent, partner, limited partner, limited liability company member, joint venturer, or employee of the manager.

(f) The acts of the manager may be examined as if it were the association.

(g) The commissioner may adopt reasonable rules for the implementation and administration of the provisions of this section.

Amended by Act 2019, No. 315,§ 2694, eff. 7/24/2019.

Acts 1959, No. 148, § 593.1, as added by Acts 1983, No. 522, § 34; A.S.A. 1947, § 66-4616; Acts 1997, No. 774, § 1; 2001, No. 1811, § 1.
Ark. Code Ann. § 23-12-206 — AR Code / Title 23 / Chapter 12 / Subchapter 2 / Section 23-12-206
Rail line abandonment process
Status: in_force

(a) After an operator of a railroad within the State of Arkansas has filed a notice of rail line abandonment consistent with the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, and notice of the proposed rail line abandonment has been received by the Arkansas Economic Development Council, the council shall notify appropriate entities of the proposed abandonment. (b) (1) Within ten (10) working days of receipt of a notice to abandon a rail line by an operator of a railroad within the State of Arkansas, the council shall notify in writing: (A) All regional mobility authorities and all regional intermodal authorities that are directly affected by the proposed rail line abandonment within their areas of jurisdiction; and (B) If no regional mobility authorities or regional intermodal authorities exist within the region to be affected by the proposed rail line abandonment, all mayors and county judges who are directly affected by the proposed rail line abandonment within their areas of jurisdiction. (2) If there is an existing regional mobility authority or regional intermodal authority that is directly affected by a proposed rail line abandonment in their areas of jurisdiction, either or both of these authorities shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of their interest or lack of interest in obtaining or preserving the rail line proposed for abandonment. (3) If there is no existing regional mobility authority or regional intermodal authority in the area proposed for rail line abandonment, the affected mayors and county judges within the area of the proposed rail line abandonment shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of: (A) Their lack of interest in obtaining and preserving the rail line proposed for abandonment; (B) Their interest in obtaining or preserving through existing resources the rail line proposed for abandonment; or (C) Their interest in forming a new regional mobility authority or regional intermodal authority, part of whose purpose would be to obtain or preserve the rail line proposed for abandonment. (4) If the mayors or county judges, or both, in the areas directly affected by the proposed rail line abandonment respond indicating their intention to form a new regional mobility authority or regional intermodal authority, part of the purpose of which would be to obtain or preserve the rail line proposed for abandonment, the mayors or county judges are allowed not more than one hundred twenty (120) days from the notice of the proposed rail line abandonment to form a regional mobility authority or regional intermodal authority to obtain or preserve the rail line proposed for abandonment. (5) Any costs associated with maintenance of the rail line proposed for abandonment shall be borne by the receiving party from the date of the notice of the proposed rail line abandonment until the ownership or preservation of the abandoned rail line has been determined. Acts 2007, No. 747, § 1; 2009, No. 164, § 2.

(a) After an operator of a railroad within the State of Arkansas has filed a notice of rail line abandonment consistent with the Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, and notice of the proposed rail line abandonment has been received by the Arkansas Economic Development Council, the council shall notify appropriate entities of the proposed abandonment.

(b) (1) Within ten (10) working days of receipt of a notice to abandon a rail line by an operator of a railroad within the State of Arkansas, the council shall notify in writing: (A) All regional mobility authorities and all regional intermodal authorities that are directly affected by the proposed rail line abandonment within their areas of jurisdiction; and (B) If no regional mobility authorities or regional intermodal authorities exist within the region to be affected by the proposed rail line abandonment, all mayors and county judges who are directly affected by the proposed rail line abandonment within their areas of jurisdiction. (2) If there is an existing regional mobility authority or regional intermodal authority that is directly affected by a proposed rail line abandonment in their areas of jurisdiction, either or both of these authorities shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of their interest or lack of interest in obtaining or preserving the rail line proposed for abandonment. (3) If there is no existing regional mobility authority or regional intermodal authority in the area proposed for rail line abandonment, the affected mayors and county judges within the area of the proposed rail line abandonment shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of: (A) Their lack of interest in obtaining and preserving the rail line proposed for abandonment; (B) Their interest in obtaining or preserving through existing resources the rail line proposed for abandonment; or (C) Their interest in forming a new regional mobility authority or regional intermodal authority, part of whose purpose would be to obtain or preserve the rail line proposed for abandonment. (4) If the mayors or county judges, or both, in the areas directly affected by the proposed rail line abandonment respond indicating their intention to form a new regional mobility authority or regional intermodal authority, part of the purpose of which would be to obtain or preserve the rail line proposed for abandonment, the mayors or county judges are allowed not more than one hundred twenty (120) days from the notice of the proposed rail line abandonment to form a regional mobility authority or regional intermodal authority to obtain or preserve the rail line proposed for abandonment. (5) Any costs associated with maintenance of the rail line proposed for abandonment shall be borne by the receiving party from the date of the notice of the proposed rail line abandonment until the ownership or preservation of the abandoned rail line has been determined.

(1) Within ten (10) working days of receipt of a notice to abandon a rail line by an operator of a railroad within the State of Arkansas, the council shall notify in writing: (A) All regional mobility authorities and all regional intermodal authorities that are directly affected by the proposed rail line abandonment within their areas of jurisdiction; and (B) If no regional mobility authorities or regional intermodal authorities exist within the region to be affected by the proposed rail line abandonment, all mayors and county judges who are directly affected by the proposed rail line abandonment within their areas of jurisdiction.

(A) All regional mobility authorities and all regional intermodal authorities that are directly affected by the proposed rail line abandonment within their areas of jurisdiction; and

(B) If no regional mobility authorities or regional intermodal authorities exist within the region to be affected by the proposed rail line abandonment, all mayors and county judges who are directly affected by the proposed rail line abandonment within their areas of jurisdiction.

(2) If there is an existing regional mobility authority or regional intermodal authority that is directly affected by a proposed rail line abandonment in their areas of jurisdiction, either or both of these authorities shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of their interest or lack of interest in obtaining or preserving the rail line proposed for abandonment.

(3) If there is no existing regional mobility authority or regional intermodal authority in the area proposed for rail line abandonment, the affected mayors and county judges within the area of the proposed rail line abandonment shall notify the council within ten (10) working days of the receipt of notice of the proposed rail line abandonment of: (A) Their lack of interest in obtaining and preserving the rail line proposed for abandonment; (B) Their interest in obtaining or preserving through existing resources the rail line proposed for abandonment; or (C) Their interest in forming a new regional mobility authority or regional intermodal authority, part of whose purpose would be to obtain or preserve the rail line proposed for abandonment.

(A) Their lack of interest in obtaining and preserving the rail line proposed for abandonment;

(B) Their interest in obtaining or preserving through existing resources the rail line proposed for abandonment; or

(C) Their interest in forming a new regional mobility authority or regional intermodal authority, part of whose purpose would be to obtain or preserve the rail line proposed for abandonment.

(4) If the mayors or county judges, or both, in the areas directly affected by the proposed rail line abandonment respond indicating their intention to form a new regional mobility authority or regional intermodal authority, part of the purpose of which would be to obtain or preserve the rail line proposed for abandonment, the mayors or county judges are allowed not more than one hundred twenty (120) days from the notice of the proposed rail line abandonment to form a regional mobility authority or regional intermodal authority to obtain or preserve the rail line proposed for abandonment.

(5) Any costs associated with maintenance of the rail line proposed for abandonment shall be borne by the receiving party from the date of the notice of the proposed rail line abandonment until the ownership or preservation of the abandoned rail line has been determined.

Acts 2007, No. 747, § 1; 2009, No. 164, § 2.