Ark. Code Ann. § 23-69-109 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-109
Pecuniary interest of officers, directors, employees, etc
Status: in_force

(a) Any officer or director, any member of any committee, or any employee of a domestic insurer who is charged with the duty of investing or handling the insurer's funds: (1) Shall not deposit or invest the funds except in the insurer's corporate name; (2) Shall not borrow the funds of the insurer; (3) Shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of the insurer except as a stockholder or member; (4) Shall not take or receive to his or her own use any fee, brokerage commission, gift, or other consideration for or on account of any transaction made by or on behalf of the insurer. (b) No insurer shall guarantee any financial obligation of any of its officers or directors. (c) This section shall not prohibit a director or officer, member of a committee, or employee from becoming a policyholder of the insurer and enjoying the usual rights so provided for its policyholders. (d) The Insurance Commissioner may, by rule from time to time, define and permit additional exceptions to the prohibition contained in subsection (a) of this section solely to enable payment of reasonable compensation to a director who is not otherwise an officer or employee of the insurer, or to a corporation or firm in which a director is interested, for necessary services performed or sales or purchases made to or for the insurer in the ordinary course of the insurer's business and in the usual private, professional, or business capacity of the director or the corporation or firm. Amended by Act 2019, No. 315,§ 2683, eff. 7/24/2019. Acts 1959, No. 148, § 488; A.S.A. 1947, § 66-4236.

(a) Any officer or director, any member of any committee, or any employee of a domestic insurer who is charged with the duty of investing or handling the insurer's funds: (1) Shall not deposit or invest the funds except in the insurer's corporate name; (2) Shall not borrow the funds of the insurer; (3) Shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of the insurer except as a stockholder or member; (4) Shall not take or receive to his or her own use any fee, brokerage commission, gift, or other consideration for or on account of any transaction made by or on behalf of the insurer.

(1) Shall not deposit or invest the funds except in the insurer's corporate name;

(2) Shall not borrow the funds of the insurer;

(3) Shall not be pecuniarily interested in any loan, pledge of deposit, security, investment, sale, purchase, exchange, reinsurance, or other similar transaction or property of the insurer except as a stockholder or member;

(4) Shall not take or receive to his or her own use any fee, brokerage commission, gift, or other consideration for or on account of any transaction made by or on behalf of the insurer.

(b) No insurer shall guarantee any financial obligation of any of its officers or directors.

(c) This section shall not prohibit a director or officer, member of a committee, or employee from becoming a policyholder of the insurer and enjoying the usual rights so provided for its policyholders.

(d) The Insurance Commissioner may, by rule from time to time, define and permit additional exceptions to the prohibition contained in subsection (a) of this section solely to enable payment of reasonable compensation to a director who is not otherwise an officer or employee of the insurer, or to a corporation or firm in which a director is interested, for necessary services performed or sales or purchases made to or for the insurer in the ordinary course of the insurer's business and in the usual private, professional, or business capacity of the director or the corporation or firm.

Amended by Act 2019, No. 315,§ 2683, eff. 7/24/2019.

Acts 1959, No. 148, § 488; A.S.A. 1947, § 66-4236.
Ark. Code Ann. § 23-99-1402 — AR Code / Title 23 / Chapter 99 / Subchapter 14 / Section 23-99-1402
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls program allows participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency; (2) In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Order 20-06 and 20-16 to allow the issuance of hospital licenses to facilities previously licensed as ambulatory surgery centers in this state that enrolled as a hospital under the Centers for Medicare & Medicaid Services' Hospitals Without Walls program; and (3) Legislative clarification is necessary to clarify the obligations of a healthcare insurer in negotiating and contracting with healthcare providers in order to prohibit anticompetitive practices and to promote public health in this state. (b) It is the intent of the General Assembly that healthcare insurers shall cooperate with healthcare providers as described in this subchapter in good faith for the benefit of the citizens of this state. Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.

(a) The General Assembly finds that: (1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls program allows participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency; (2) In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Order 20-06 and 20-16 to allow the issuance of hospital licenses to facilities previously licensed as ambulatory surgery centers in this state that enrolled as a hospital under the Centers for Medicare & Medicaid Services' Hospitals Without Walls program; and (3) Legislative clarification is necessary to clarify the obligations of a healthcare insurer in negotiating and contracting with healthcare providers in order to prohibit anticompetitive practices and to promote public health in this state.

(1) The Centers for Medicare & Medicaid Services' Hospitals Without Walls program allows participating ambulatory surgery centers to convert to licensed hospitals during the period of the coronavirus 2019 (COVID-19) public health emergency;

(2) In cooperation and in an effort to promote public health, the Department of Health suspended portions of its Rules for Hospitals and Related Institutions according to the Governor's Executive Order 20-06 and 20-16 to allow the issuance of hospital licenses to facilities previously licensed as ambulatory surgery centers in this state that enrolled as a hospital under the Centers for Medicare & Medicaid Services' Hospitals Without Walls program; and

(3) Legislative clarification is necessary to clarify the obligations of a healthcare insurer in negotiating and contracting with healthcare providers in order to prohibit anticompetitive practices and to promote public health in this state.

(b) It is the intent of the General Assembly that healthcare insurers shall cooperate with healthcare providers as described in this subchapter in good faith for the benefit of the citizens of this state.

Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-46-401 — AR Code / Title 23 / Chapter 46 / Subchapter 4 / Section 23-46-401
Applicability
Status: in_force

Nothing in this subchapter is intended to have any application to: (1) A merger under which a state bank merges into a national bank which is an Arkansas bank; (2) Any consolidation proceeding under which a state bank becomes consolidated into a national bank which is an Arkansas bank; or (3) Any proceeding under which a state bank is converted into a national bank or a national bank is converted into a state bank. Acts 1997, No. 89, § 1; 1997, No. 408, § 5.

Nothing in this subchapter is intended to have any application to:

(1) A merger under which a state bank merges into a national bank which is an Arkansas bank;

(2) Any consolidation proceeding under which a state bank becomes consolidated into a national bank which is an Arkansas bank; or

(3) Any proceeding under which a state bank is converted into a national bank or a national bank is converted into a state bank.

Acts 1997, No. 89, § 1; 1997, No. 408, § 5.
Ark. Code Ann. § 23-55-609 — AR Code / Title 23 / Chapter 55 / Section 23-55-609
Policy and procedure - Physical security and cybersecurity
Status: in_force

(a) A money transmitter or currency exchanger licensed or required to be licensed under this chapter shall establish, implement, update, and enforce written physical security and cybersecurity policies and procedures reasonably designed to ensure the confidentiality, integrity, and availability of physical and electronic records and information. (b) A policy or procedure described in subsection (a) of this section shall be tailored to the size and sophistication of the money transmitter or currency exchanger. (c) The Securities Commissioner may impose additional conditions by rule or order to clarify the requirements of a policy or procedure described in subsection (a) of this section. Added by Act 2021, No. 532,§ 20, eff. 7/28/2021.

(a) A money transmitter or currency exchanger licensed or required to be licensed under this chapter shall establish, implement, update, and enforce written physical security and cybersecurity policies and procedures reasonably designed to ensure the confidentiality, integrity, and availability of physical and electronic records and information.

(b) A policy or procedure described in subsection (a) of this section shall be tailored to the size and sophistication of the money transmitter or currency exchanger.

(c) The Securities Commissioner may impose additional conditions by rule or order to clarify the requirements of a policy or procedure described in subsection (a) of this section.

Added by Act 2021, No. 532,§ 20, eff. 7/28/2021.
Ark. Code Ann. § 23-4-509 — AR Code / Title 23 / Chapter 4 / Subchapter 5 / Section 23-4-509
Inadequate surcharges permitted by commission - Additional surcharges
Status: in_force

(a) In the event that the amount of the surcharge permitted by the order of the Arkansas Public Service Commission is subsequently determined to have been inadequate, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to such an order shall be entitled to impose an additional surcharge on the affected customers to recover that portion of the surcharge which was not approved by the commission which should have been collected during the period between the effective date of the initial order and the final determination or rehearing or by the court on judicial review. (b) The surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the final determination on rehearing or by the court on judicial review. (c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the final determination on rehearing or by the court on judicial review. Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.

(a) In the event that the amount of the surcharge permitted by the order of the Arkansas Public Service Commission is subsequently determined to have been inadequate, either on rehearing or in accordance with a court decision on judicial review, the public utility subject to such an order shall be entitled to impose an additional surcharge on the affected customers to recover that portion of the surcharge which was not approved by the commission which should have been collected during the period between the effective date of the initial order and the final determination or rehearing or by the court on judicial review.

(b) The surcharge shall be assessed over a period equal to the period between the date of the initial order and the effective date of the final determination on rehearing or by the court on judicial review.

(c) The surcharge shall be distributed among the affected customers in proportion to the amounts those customers were charged during the period between the date of the initial order and the final determination on rehearing or by the court on judicial review.

Acts 1981, No. 310, § 2; 1983, No. 262, § 1; A.S.A. 1947, § 73-217.2.
Ark. Code Ann. § 23-16-204 — AR Code / Title 23 / Chapter 16 / Subchapter 2 / Section 23-16-204
Employer not to select sureties
Status: in_force

No common carrier authorized to do business in this state, when requiring of an employee that he or she give it a bond or undertaking of any nature whatsoever, shall require the employee to have the bond or undertaking executed by any particular person, company, corporation, association, or firm or by any one (1) or more of any number of such persons, companies, corporations, associations, or firms named by the common carrier as surety. Acts 1911, No. 166, § 1; C. & M. Dig., § 7121; Pope's Dig., § 9107; A.S.A. 1947, § 73-2101.

No common carrier authorized to do business in this state, when requiring of an employee that he or she give it a bond or undertaking of any nature whatsoever, shall require the employee to have the bond or undertaking executed by any particular person, company, corporation, association, or firm or by any one (1) or more of any number of such persons, companies, corporations, associations, or firms named by the common carrier as surety.

Acts 1911, No. 166, § 1; C. & M. Dig., § 7121; Pope's Dig., § 9107; A.S.A. 1947, § 73-2101.
Ark. Code Ann. § 23-66-601 — AR Code / Title 23 / Chapter 66 / Subchapter 6 / Section 23-66-601
Short title
Status: in_force

This subchapter may be cited as the "Insurance Sales Consumer Protection Act". Acts 1997, No. 900, § 1; 2001, No. 1728, § 3.

This subchapter may be cited as the "Insurance Sales Consumer Protection Act".

Acts 1997, No. 900, § 1; 2001, No. 1728, § 3.
Ark. Code Ann. § 23-35-205 — AR Code / Title 23 / Chapter 35 / Subchapter 2 / Section 23-35-205
Annual supervision fee
Status: in_force

Each credit union subject to the provisions of this chapter shall pay an annual supervision fee which shall be determined by the State Credit Union Supervisor. The fees must be reasonably related to the administrative cost of supervisory services required under this chapter and shall be determined after notice and an opportunity to be heard is given to the credit unions affected. Acts 1971, No. 132, § 31; A.S.A. 1947, § 67-931.

Each credit union subject to the provisions of this chapter shall pay an annual supervision fee which shall be determined by the State Credit Union Supervisor. The fees must be reasonably related to the administrative cost of supervisory services required under this chapter and shall be determined after notice and an opportunity to be heard is given to the credit unions affected.

Acts 1971, No. 132, § 31; A.S.A. 1947, § 67-931.
Ark. Code Ann. § 23-14-118 — AR Code / Title 23 / Chapter 14 / Section 23-14-118
Rates and service generally
Status: in_force

Every common carrier by aircraft shall furnish reasonable and adequate service and facilities at just and reasonable rates as shall be determined by the Arkansas Department of Transportation. Amended by Act 2017, No. 707,§ 246, eff. 8/1/2017. Acts 1945, No. 252, § 15; A.S.A. 1947, § 74-416.

Every common carrier by aircraft shall furnish reasonable and adequate service and facilities at just and reasonable rates as shall be determined by the Arkansas Department of Transportation.

Amended by Act 2017, No. 707,§ 246, eff. 8/1/2017.

Acts 1945, No. 252, § 15; A.S.A. 1947, § 74-416.
Ark. Code Ann. § 23-17-414 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-414
Extended area service
Status: in_force

(a) The Arkansas Public Service Commission shall promulgate rules that enable customers in a local exchange service area to petition the commission directly or by a resolution of the customers' quorum court or other local governing body to request that an incumbent local exchange carrier provide extended area service. (b) (1) The rules relating to the provision of extended area service shall include: (A) The procedure by which customers may petition the commission for an election on the provision of extended area service; (B) A description of the information required for the commission to verify that the rate to be charged for providing extended area service will be just and reasonable and to verify that the rate includes an incumbent local exchange carrier's revenue that is replaced by extended area service revenue; (C) Notice requirements to customers regarding the rate, terms, and conditions under which extended area service would be provided as a result of a scheduled election under subsection (a) of this section; and (D) The procedure for conducting an election under subsection (a) of this section and for determining whether extended area service will be provided as a result of the election. (2) After the initial election and adoption of extended area service, no subsequent change in the rate charged for the provision of extended area service shall be effective unless adopted under the commission's rules promulgated to implement this section. (c) If the affected customers vote in favor of instituting or renewing extended area service under this section, the carrier shall implement extended area service at a rate that is consistent with subdivision (b)(1)(B) of this section. Acts 2003, No. 1764, § 4.

(a) The Arkansas Public Service Commission shall promulgate rules that enable customers in a local exchange service area to petition the commission directly or by a resolution of the customers' quorum court or other local governing body to request that an incumbent local exchange carrier provide extended area service.

(b) (1) The rules relating to the provision of extended area service shall include: (A) The procedure by which customers may petition the commission for an election on the provision of extended area service; (B) A description of the information required for the commission to verify that the rate to be charged for providing extended area service will be just and reasonable and to verify that the rate includes an incumbent local exchange carrier's revenue that is replaced by extended area service revenue; (C) Notice requirements to customers regarding the rate, terms, and conditions under which extended area service would be provided as a result of a scheduled election under subsection (a) of this section; and (D) The procedure for conducting an election under subsection (a) of this section and for determining whether extended area service will be provided as a result of the election. (2) After the initial election and adoption of extended area service, no subsequent change in the rate charged for the provision of extended area service shall be effective unless adopted under the commission's rules promulgated to implement this section.

(1) The rules relating to the provision of extended area service shall include: (A) The procedure by which customers may petition the commission for an election on the provision of extended area service; (B) A description of the information required for the commission to verify that the rate to be charged for providing extended area service will be just and reasonable and to verify that the rate includes an incumbent local exchange carrier's revenue that is replaced by extended area service revenue; (C) Notice requirements to customers regarding the rate, terms, and conditions under which extended area service would be provided as a result of a scheduled election under subsection (a) of this section; and (D) The procedure for conducting an election under subsection (a) of this section and for determining whether extended area service will be provided as a result of the election.

(A) The procedure by which customers may petition the commission for an election on the provision of extended area service;

(B) A description of the information required for the commission to verify that the rate to be charged for providing extended area service will be just and reasonable and to verify that the rate includes an incumbent local exchange carrier's revenue that is replaced by extended area service revenue;

(C) Notice requirements to customers regarding the rate, terms, and conditions under which extended area service would be provided as a result of a scheduled election under subsection (a) of this section; and

(D) The procedure for conducting an election under subsection (a) of this section and for determining whether extended area service will be provided as a result of the election.

(2) After the initial election and adoption of extended area service, no subsequent change in the rate charged for the provision of extended area service shall be effective unless adopted under the commission's rules promulgated to implement this section.

(c) If the affected customers vote in favor of instituting or renewing extended area service under this section, the carrier shall implement extended area service at a rate that is consistent with subdivision (b)(1)(B) of this section.

Acts 2003, No. 1764, § 4.
Ark. Code Ann. § 23-70-111 — AR Code / Title 23 / Chapter 70 / Section 23-70-111
Service of process - Judgment
Status: in_force

(a) Legal process shall be served upon a domestic reciprocal insurer by serving the insurer's attorney at his or her principal offices. Alternatively, service may be made by use of an Arkansas resident agent for service of process appointed on behalf of the insurer in accordance with § 23-63-301 et seq., on and after January 1, 2003. (b) Any judgment based upon legal process so served shall be binding upon each of the insurer's subscribers as their respective interests may appear, but in an amount not exceeding their respective contingent liabilities, if any, the same as though personal service of process was had upon each subscriber. Acts 1959, No. 148, § 524; A.S.A. 1947, § 66-4315; Acts 2001, No. 1604, § 69.

(a) Legal process shall be served upon a domestic reciprocal insurer by serving the insurer's attorney at his or her principal offices. Alternatively, service may be made by use of an Arkansas resident agent for service of process appointed on behalf of the insurer in accordance with § 23-63-301 et seq., on and after January 1, 2003.

(b) Any judgment based upon legal process so served shall be binding upon each of the insurer's subscribers as their respective interests may appear, but in an amount not exceeding their respective contingent liabilities, if any, the same as though personal service of process was had upon each subscriber.

Acts 1959, No. 148, § 524; A.S.A. 1947, § 66-4315; Acts 2001, No. 1604, § 69.
Ark. Code Ann. § 23-17-515 — AR Code / Title 23 / Chapter 17 / Subchapter 5 / Section 23-17-515
Dispute resolution
Status: in_force

(a) A court of competent jurisdiction shall have jurisdiction to determine disputes arising under this subchapter. (b) Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles in the right-of-way, the authority owning or controlling the structure shall allow the collocating person to collocate at annual rates of no more than: (1) Thirty dollars ($30.00) per small wireless facility for use of the right-of-way; and (2) An annual rate of up to two hundred forty dollars ($240) for each authority pole used for the collocation of small wireless facilities, with rates to be trued up upon final resolution of the dispute. (c) Any disputes, wherever filed, shall be pursued according to accelerated docket or complaint procedures, if available. Added by Act 2019, No. 999,§ 1, eff. 9/1/2019. Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.

(a) A court of competent jurisdiction shall have jurisdiction to determine disputes arising under this subchapter.

(b) Pending resolution of a dispute concerning rates for collocation of small wireless facilities on authority poles in the right-of-way, the authority owning or controlling the structure shall allow the collocating person to collocate at annual rates of no more than: (1) Thirty dollars ($30.00) per small wireless facility for use of the right-of-way; and (2) An annual rate of up to two hundred forty dollars ($240) for each authority pole used for the collocation of small wireless facilities, with rates to be trued up upon final resolution of the dispute.

(1) Thirty dollars ($30.00) per small wireless facility for use of the right-of-way; and

(2) An annual rate of up to two hundred forty dollars ($240) for each authority pole used for the collocation of small wireless facilities, with rates to be trued up upon final resolution of the dispute.

(c) Any disputes, wherever filed, shall be pursued according to accelerated docket or complaint procedures, if available.

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

Added by Act 2019, No. 797,§ 1, eff. 9/1/2019.
Ark. Code Ann. § 23-76-111 — AR Code / Title 23 / Chapter 76 / Section 23-76-111
Fiduciary responsibilities of director, officer, or partner
Status: in_force

(a) Any director, officer, or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of the health maintenance organization shall be responsible for the funds in a fiduciary relationship to the enrollees. (b) A health maintenance organization shall maintain in force a fidelity bond or fidelity insurance on these employees, officers, directors, and partners in an amount not less than two hundred fifty thousand dollars ($250,000) for each health maintenance organization or a maximum of five million dollars ($5,000,000) in aggregate maintained on behalf of health maintenance organizations owned by a common parent corporation, or the sum prescribed by the Insurance Commissioner. Acts 1975, No. 454, § 7; A.S.A. 1947, § 66-5207; Acts 2001, No. 1605, § 4.

(a) Any director, officer, or partner of a health maintenance organization who receives, collects, disburses, or invests funds in connection with the activities of the health maintenance organization shall be responsible for the funds in a fiduciary relationship to the enrollees.

(b) A health maintenance organization shall maintain in force a fidelity bond or fidelity insurance on these employees, officers, directors, and partners in an amount not less than two hundred fifty thousand dollars ($250,000) for each health maintenance organization or a maximum of five million dollars ($5,000,000) in aggregate maintained on behalf of health maintenance organizations owned by a common parent corporation, or the sum prescribed by the Insurance Commissioner.

Acts 1975, No. 454, § 7; A.S.A. 1947, § 66-5207; Acts 2001, No. 1605, § 4.
Ark. Code Ann. § 23-4-1002 — AR Code / Title 23 / Chapter 4 / Subchapter 10 / Section 23-4-1002
Nondiscriminatory access for pole attachments
Status: in_force

A public utility shall provide nondiscriminatory access for a pole attachment to: (1) An electric utility; (2) A telecommunications provider; (3) A cable television service; (4) A cable internet access service; or (5) A municipality. Amended by Act 2021, No. 377,§ 3, eff. 7/28/2021. Acts 2007, No. 740, § 1.

A public utility shall provide nondiscriminatory access for a pole attachment to:

(1) An electric utility;

(2) A telecommunications provider;

(3) A cable television service;

(4) A cable internet access service; or

(5) A municipality.

Amended by Act 2021, No. 377,§ 3, eff. 7/28/2021.

Acts 2007, No. 740, § 1.
Ark. Code Ann. § 23-48-502 — AR Code / Title 23 / Chapter 48 / Subchapter 5 / Section 23-48-502
Merger or conversion of state bank into national 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 a national bank, including a national bank with a home state other than Arkansas. (b) The action to be taken by a merging or converting state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed for national banks, at the time of the action, by the laws of the United States, 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 or conversion; (2) Upon the merger of a state bank into a national bank, the stockholders of the state bank shall have dissenters' rights; and (3) If the national bank is an out-of-state bank, then § 23-48-902 et seq. shall be applicable to the merger. (c) (1) Approval by the Bank Commissioner or any other state authority is not necessary for a state bank to convert or merge into a resulting national bank as provided by federal law. (2) (A) However, within ten (10) days following the effective date of the merger or conversion, the resulting bank shall be required to file in the office of the commissioner, a complete copy of the articles of merger or conversion. (B) The copy of the articles of merger or conversion shall be certified by the president or chief executive officer or a vice president of the resulting bank. (d) Upon the completion of the merger or conversion, the charter of any merging or converting state bank shall automatically terminate. Amended by Act 2017, No. 198,§ 10, eff. 8/1/2017. Acts 1997, No. 89, § 1; 1997, No. 408, § 13.

(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 a national bank, including a national bank with a home state other than Arkansas.

(b) The action to be taken by a merging or converting state bank and its rights and liabilities and those of its shareholders shall be the same as those prescribed for national banks, at the time of the action, by the laws of the United States, 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 or conversion; (2) Upon the merger of a state bank into a national bank, the stockholders of the state bank shall have dissenters' rights; and (3) If the national bank is an out-of-state bank, then § 23-48-902 et seq. shall be applicable to the merger.

(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 or conversion;

(2) Upon the merger of a state bank into a national bank, the stockholders of the state bank shall have dissenters' rights; and

(3) If the national bank is an out-of-state bank, then § 23-48-902 et seq. shall be applicable to the merger.

(c) (1) Approval by the Bank Commissioner or any other state authority is not necessary for a state bank to convert or merge into a resulting national bank as provided by federal law. (2) (A) However, within ten (10) days following the effective date of the merger or conversion, the resulting bank shall be required to file in the office of the commissioner, a complete copy of the articles of merger or conversion. (B) The copy of the articles of merger or conversion shall be certified by the president or chief executive officer or a vice president of the resulting bank.

(1) Approval by the Bank Commissioner or any other state authority is not necessary for a state bank to convert or merge into a resulting national bank as provided by federal law.

(2) (A) However, within ten (10) days following the effective date of the merger or conversion, the resulting bank shall be required to file in the office of the commissioner, a complete copy of the articles of merger or conversion. (B) The copy of the articles of merger or conversion shall be certified by the president or chief executive officer or a vice president of the resulting bank.

(A) However, within ten (10) days following the effective date of the merger or conversion, the resulting bank shall be required to file in the office of the commissioner, a complete copy of the articles of merger or conversion.

(B) The copy of the articles of merger or conversion shall be certified by the president or chief executive officer or a vice president of the resulting bank.

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

Amended by Act 2017, No. 198,§ 10, eff. 8/1/2017.

Acts 1997, No. 89, § 1; 1997, No. 408, § 13.
Ark. Code Ann. § 23-18-522 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-522
Compliance with certificate required
Status: in_force

Any facility, with respect to which a certificate of environmental compatibility and public need is required, shall thereafter be located, financed, constructed, operated, and maintained in conformity with the certificate and any terms, conditions, and modifications contained therein. Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.

Any facility, with respect to which a certificate of environmental compatibility and public need is required, shall thereafter be located, financed, constructed, operated, and maintained in conformity with the certificate and any terms, conditions, and modifications contained therein.

Acts 1973, No. 164, § 4; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.3.
Ark. Code Ann. § 23-79-160 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-160
[Repealed]
Status: repealed

Repealed by Act 2021, No. 481,§ 3, eff. 7/28/2021. Added by Act 2015, No. 1278,§ 1, eff. 7/22/2015.

Repealed by Act 2021, No. 481,§ 3, eff. 7/28/2021.

Added by Act 2015, No. 1278,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-79-1501 — AR Code / Title 23 / Chapter 79 / Subchapter 15 / Section 23-79-1501
Definitions
Status: in_force

As used in this subchapter: (1) "Craniofacial anomaly" means the abnormal development of the skull and face; (2) (A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued or delivered in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A disability income plan; (ii) A credit insurance plan; (iii) Insurance coverage issued as a supplement to liability insurance; (iv) Medical payments under an automobile or homeowners insurance plan; (v) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vi) A plan that provides only indemnity for hospital confinement; (vii) An accident-only plan; (viii) A specified disease plan; or (ix) A plan that provides only dental benefits or eye and vision care benefits; and (3) "Reconstructive surgery" means the use of surgery to alter the form and function of the cranial facial tissues due to a congenital or acquired musculoskeletal disorder, including surgery to alter the form and function of the skull and face. Amended by Act 2021, No. 955,§ 4, eff. 4/27/2021. Amended by Act 2021, No. 955,§ 3, eff. 4/27/2021. Amended by Act 2021, No. 955,§ 2, eff. 4/27/2021. Amended by Act 2015, No. 373,§ 1, eff. 7/22/2015. Added by Act 2013, No. 1226,§ 1, eff. 8/16/2013.

As used in this subchapter:

(1) "Craniofacial anomaly" means the abnormal development of the skull and face;

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

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

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

(i) Indemnity and managed care plans; and

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

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

(i) A disability income plan;

(ii) A credit insurance plan;

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

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

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

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

(vii) An accident-only plan;

(viii) A specified disease plan; or

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

(3) "Reconstructive surgery" means the use of surgery to alter the form and function of the cranial facial tissues due to a congenital or acquired musculoskeletal disorder, including surgery to alter the form and function of the skull and face.

Amended by Act 2021, No. 955,§ 4, eff. 4/27/2021.

Amended by Act 2021, No. 955,§ 3, eff. 4/27/2021.

Amended by Act 2021, No. 955,§ 2, eff. 4/27/2021.

Amended by Act 2015, No. 373,§ 1, eff. 7/22/2015.

Added by Act 2013, No. 1226,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-79-504 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-504
Arkansas Comprehensive Health Insurance Pool
Status: in_force

(a) There is created a nonprofit legal entity to be known as the "Arkansas Comprehensive Health Insurance Pool" as the successor entity to the nonprofit legal entity established by Acts 1995, No. 1339. (b) (1) The pool shall operate subject to the supervision and control of the Board of Directors of the Arkansas Comprehensive Health Insurance Pool. The pool is created as a political subdivision, instrumentality, and body politic of the State of Arkansas, and, as such, is not a state agency. (2) Except to the extent defined in this subchapter, the pool will be exempt from: (A) All state, county, and local taxes; (B) The Arkansas Procurement Law, § 19-11-201 et seq.; (C) The Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) The Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The board shall consist of the following seven (7) members to be appointed by the Insurance Commissioner: (A) Two (2) current or former representatives of insurance companies licensed to do business in the State of Arkansas; (B) Two (2) current or former representatives of health maintenance organizations licensed to do business in the State of Arkansas; (C) One (1) member of a health-related profession licensed in the State of Arkansas; (D) One (1) member from the general public who is not associated with the medical profession, a hospital, or an insurer; and (E) One (1) member to represent a group considered to be uninsurable. (4) In making appointments to the board, the commissioner shall strive to ensure that at least one (1) person serving on the board is at least sixty (60) years of age. (5) All terms shall be for three (3) years. (6) The board shall elect one (1) of its members as chair. (7) Any vacancy in the board occurring for any reason other than the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. (8) Members of the board may be reimbursed from moneys of the pool for actual and necessary expenses incurred by them in the performance of their official duties as members of the board but shall not otherwise be compensated for their services. (c) All insurers, as a condition of doing business in the State of Arkansas, shall participate in the pool by paying the assessments, submitting the reports, and providing the information required by the board or the commissioner to implement the provisions of this subchapter. (d) (1) Neither the board nor its employees shall be liable for any obligations of the pool. (2) No board member or employee of the board shall be liable, and no cause of action of any nature may arise against them, for any act or omission related to the performance of their powers and duties under this subchapter. (3) The board may provide in its bylaws or rules for indemnification of, and legal representation for, the board members and employees. Acts 1997, No. 292, § 4; 2001, No. 1246, § 1.

(a) There is created a nonprofit legal entity to be known as the "Arkansas Comprehensive Health Insurance Pool" as the successor entity to the nonprofit legal entity established by Acts 1995, No. 1339.

(b) (1) The pool shall operate subject to the supervision and control of the Board of Directors of the Arkansas Comprehensive Health Insurance Pool. The pool is created as a political subdivision, instrumentality, and body politic of the State of Arkansas, and, as such, is not a state agency. (2) Except to the extent defined in this subchapter, the pool will be exempt from: (A) All state, county, and local taxes; (B) The Arkansas Procurement Law, § 19-11-201 et seq.; (C) The Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) The Arkansas Administrative Procedure Act, § 25-15-201 et seq. (3) The board shall consist of the following seven (7) members to be appointed by the Insurance Commissioner: (A) Two (2) current or former representatives of insurance companies licensed to do business in the State of Arkansas; (B) Two (2) current or former representatives of health maintenance organizations licensed to do business in the State of Arkansas; (C) One (1) member of a health-related profession licensed in the State of Arkansas; (D) One (1) member from the general public who is not associated with the medical profession, a hospital, or an insurer; and (E) One (1) member to represent a group considered to be uninsurable. (4) In making appointments to the board, the commissioner shall strive to ensure that at least one (1) person serving on the board is at least sixty (60) years of age. (5) All terms shall be for three (3) years. (6) The board shall elect one (1) of its members as chair. (7) Any vacancy in the board occurring for any reason other than the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment. (8) Members of the board may be reimbursed from moneys of the pool for actual and necessary expenses incurred by them in the performance of their official duties as members of the board but shall not otherwise be compensated for their services.

(1) The pool shall operate subject to the supervision and control of the Board of Directors of the Arkansas Comprehensive Health Insurance Pool. The pool is created as a political subdivision, instrumentality, and body politic of the State of Arkansas, and, as such, is not a state agency.

(2) Except to the extent defined in this subchapter, the pool will be exempt from: (A) All state, county, and local taxes; (B) The Arkansas Procurement Law, § 19-11-201 et seq.; (C) The Freedom of Information Act of 1967, § 25-19-101 et seq.; and (D) The Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(A) All state, county, and local taxes;

(B) The Arkansas Procurement Law, § 19-11-201 et seq.;

(C) The Freedom of Information Act of 1967, § 25-19-101 et seq.; and

(D) The Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(3) The board shall consist of the following seven (7) members to be appointed by the Insurance Commissioner: (A) Two (2) current or former representatives of insurance companies licensed to do business in the State of Arkansas; (B) Two (2) current or former representatives of health maintenance organizations licensed to do business in the State of Arkansas; (C) One (1) member of a health-related profession licensed in the State of Arkansas; (D) One (1) member from the general public who is not associated with the medical profession, a hospital, or an insurer; and (E) One (1) member to represent a group considered to be uninsurable.

(A) Two (2) current or former representatives of insurance companies licensed to do business in the State of Arkansas;

(B) Two (2) current or former representatives of health maintenance organizations licensed to do business in the State of Arkansas;

(C) One (1) member of a health-related profession licensed in the State of Arkansas;

(D) One (1) member from the general public who is not associated with the medical profession, a hospital, or an insurer; and

(E) One (1) member to represent a group considered to be uninsurable.

(4) In making appointments to the board, the commissioner shall strive to ensure that at least one (1) person serving on the board is at least sixty (60) years of age.

(5) All terms shall be for three (3) years.

(6) The board shall elect one (1) of its members as chair.

(7) Any vacancy in the board occurring for any reason other than the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.

(8) Members of the board may be reimbursed from moneys of the pool for actual and necessary expenses incurred by them in the performance of their official duties as members of the board but shall not otherwise be compensated for their services.

(c) All insurers, as a condition of doing business in the State of Arkansas, shall participate in the pool by paying the assessments, submitting the reports, and providing the information required by the board or the commissioner to implement the provisions of this subchapter.

(d) (1) Neither the board nor its employees shall be liable for any obligations of the pool. (2) No board member or employee of the board shall be liable, and no cause of action of any nature may arise against them, for any act or omission related to the performance of their powers and duties under this subchapter. (3) The board may provide in its bylaws or rules for indemnification of, and legal representation for, the board members and employees.

(1) Neither the board nor its employees shall be liable for any obligations of the pool.

(2) No board member or employee of the board shall be liable, and no cause of action of any nature may arise against them, for any act or omission related to the performance of their powers and duties under this subchapter.

(3) The board may provide in its bylaws or rules for indemnification of, and legal representation for, the board members and employees.

Acts 1997, No. 292, § 4; 2001, No. 1246, § 1.
Ark. Code Ann. § 23-76-120 — AR Code / Title 23 / Chapter 76 / Section 23-76-120
Regulation of agents - Definition
Status: in_force

(a) After notice and hearing, the Insurance Commissioner may promulgate such reasonable rules as are necessary to provide for the licensing of agents. (b) "Agent" means a person directly or indirectly associated with a healthcare plan who engages in solicitation or enrollment. Amended by Act 2019, No. 315,§ 2702, eff. 7/24/2019. Acts 1975, No. 454, § 16; A.S.A. 1947, § 66-5216.

(a) After notice and hearing, the Insurance Commissioner may promulgate such reasonable rules as are necessary to provide for the licensing of agents.

(b) "Agent" means a person directly or indirectly associated with a healthcare plan who engages in solicitation or enrollment.

Amended by Act 2019, No. 315,§ 2702, eff. 7/24/2019.

Acts 1975, No. 454, § 16; A.S.A. 1947, § 66-5216.
Ark. Code Ann. § 23-79-130 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-130
Impairment of speech or hearing
Status: in_force

(a) Every accident and health insurer, hospital or medical service corporation, or health maintenance organization transacting accident and health insurance or providing health coverage in the State of Arkansas, which delivers or issues for delivery or renews, extends, or modifies accident and medical coverage on an expense-incurred service or prepaid basis, shall provide coverage for the necessary care and treatment of loss or impairment of speech or hearing, subject to the same durational limits, dollar limits, deductibles, and coinsurance factors as other covered services in the policies or contracts. (b) This section does not apply to disability income, specified disease, hospital indemnity, or accident-only policies. (c) The phrase "loss or impairment of speech or hearing" shall include those communicative disorders generally treated by a speech pathologist or audiologist licensed by the Board of Examiners in Speech-Language Pathology and Audiology and which fall within the scope of his or her area of certification. (d) The additional coverage provided for in this section shall not apply to hearing instruments or devices. Acts 1985, No. 303, §§ 1, 4; A.S.A. 1947, §§ 66-3260, 66-3263; Acts 2005, No. 1995, § 2.

(a) Every accident and health insurer, hospital or medical service corporation, or health maintenance organization transacting accident and health insurance or providing health coverage in the State of Arkansas, which delivers or issues for delivery or renews, extends, or modifies accident and medical coverage on an expense-incurred service or prepaid basis, shall provide coverage for the necessary care and treatment of loss or impairment of speech or hearing, subject to the same durational limits, dollar limits, deductibles, and coinsurance factors as other covered services in the policies or contracts.

(b) This section does not apply to disability income, specified disease, hospital indemnity, or accident-only policies.

(c) The phrase "loss or impairment of speech or hearing" shall include those communicative disorders generally treated by a speech pathologist or audiologist licensed by the Board of Examiners in Speech-Language Pathology and Audiology and which fall within the scope of his or her area of certification.

(d) The additional coverage provided for in this section shall not apply to hearing instruments or devices.

Acts 1985, No. 303, §§ 1, 4; A.S.A. 1947, §§ 66-3260, 66-3263; Acts 2005, No. 1995, § 2.
Ark. Code Ann. § 23-65-307 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-307
Endorsement of contract
Status: in_force

An insurance contract procured on behalf of an insured whose home state is this state and delivered as surplus lines coverage under this subchapter shall be initiated by or bear the name of the surplus lines broker who procured it and shall contain a conspicuous statement substantially similar to the following: "This contract is registered and delivered as a surplus line coverage under the Surplus Lines Insurance Law, and it may in some respects be different from contracts issued by insurers in the admitted markets, and, accordingly, it may, depending upon the circumstances, be more or less favorable to an insured than a contract from an admitted carrier might be. The protection of the Arkansas Property and Casualty Insurance Guaranty Act does not apply to this contract. A tax of four percent (4%) is required to be collected from the insured on all surplus lines premiums.". Acts 1959, No. 148, § 192; A.S.A. 1947, § 66-2912; Acts 1993, No. 118, § 2; 2001, No. 1555, § 5; 2011, No. 1055, § 2.

An insurance contract procured on behalf of an insured whose home state is this state and delivered as surplus lines coverage under this subchapter shall be initiated by or bear the name of the surplus lines broker who procured it and shall contain a conspicuous statement substantially similar to the following:

"This contract is registered and delivered as a surplus line coverage under the Surplus Lines Insurance Law, and it may in some respects be different from contracts issued by insurers in the admitted markets, and, accordingly, it may, depending upon the circumstances, be more or less favorable to an insured than a contract from an admitted carrier might be. The protection of the Arkansas Property and Casualty Insurance Guaranty Act does not apply to this contract. A tax of four percent (4%) is required to be collected from the insured on all surplus lines premiums.".

Acts 1959, No. 148, § 192; A.S.A. 1947, § 66-2912; Acts 1993, No. 118, § 2; 2001, No. 1555, § 5; 2011, No. 1055, § 2.
Ark. Code Ann. § 23-36-103 — AR Code / Title 23 / Chapter 36 / Section 23-36-103
Directors
Status: in_force

(a) At least three-fourths (3/4) of the number of directors of any industrial loan institution shall be residents of the county in which the city is located in which an industrial loan institution is organized or becomes active under this chapter. (b) Every director shall own and hold unencumbered not less than five hundred dollars ($500) par value of the capital stock of the industrial loan institution. Acts 1941, No. 111, § 9; A.S.A. 1947, § 67-1009.

(a) At least three-fourths (3/4) of the number of directors of any industrial loan institution shall be residents of the county in which the city is located in which an industrial loan institution is organized or becomes active under this chapter.

(b) Every director shall own and hold unencumbered not less than five hundred dollars ($500) par value of the capital stock of the industrial loan institution.

Acts 1941, No. 111, § 9; A.S.A. 1947, § 67-1009.
Ark. Code Ann. § 23-11-304 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-304
Formation of connecting lines - Aid to construction of other railroad authorized
Status: in_force

Any railroad company heretofore incorporated or hereafter organized, in pursuance of law, may aid any other company at any time, by means of subscription to the capital stock of the other railroad company, or otherwise, in the construction of its railroad within or without the state for the purpose of forming a connection to the other road with the road owned by the company furnishing the aid. Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8514; Pope's Dig., § 11090; A.S.A. 1947, § 73-414.

Any railroad company heretofore incorporated or hereafter organized, in pursuance of law, may aid any other company at any time, by means of subscription to the capital stock of the other railroad company, or otherwise, in the construction of its railroad within or without the state for the purpose of forming a connection to the other road with the road owned by the company furnishing the aid.

Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8514; Pope's Dig., § 11090; A.S.A. 1947, § 73-414.
Ark. Code Ann. § 23-61-1008 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1008
Expired
Status: repealed

Repealed by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Amended by Act 2017EX1, No. 6,§ 6, eff. 5/4/2017. Amended by Act 2017EX1, No. 3,§ 6, eff. 5/4/2017. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

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

Amended by Act 2017EX1, No. 6,§ 6, eff. 5/4/2017.

Amended by Act 2017EX1, No. 3,§ 6, eff. 5/4/2017.

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

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-14-115 — AR Code / Title 23 / Chapter 14 / Section 23-14-115
Certificates - Terms and conditions
Status: in_force

Each certificate issued pursuant to this chapter shall set forth specifically the privileges granted thereby, together with the effective date and the duration thereof. Acts 1945, No. 252, § 8; A.S.A. 1947, § 74-408.

Each certificate issued pursuant to this chapter shall set forth specifically the privileges granted thereby, together with the effective date and the duration thereof.

Acts 1945, No. 252, § 8; A.S.A. 1947, § 74-408.
Ark. Code Ann. § 23-11-212 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-212
Voting of shares generally
Status: in_force

(a) (1) The owner of any share of any railroad corporation organized under the law of this state may vote in person or by proxy at any meeting of the stockholders. (2) The owner of record of the stock as reflected by the stock records of the corporation at the time of the meeting shall have the right to vote the stock. (b) Every administrator, executor, guardian, or trustee who shall have filed with the secretary of the corporation evidence of his or her authority to act in regard thereto shall be allowed to represent the shares of stock in his or her hands at all meetings of the stockholders of the corporation and hold the stock as a stockholder. Acts 1868, No. 71, § 18, p. 290; C. & M. Dig., § 8433; Pope's Dig., § 11007; Acts 1959, No. 30, §§ 10, 16; A.S.A. 1947, §§ 73-324.3, 73-325.

(a) (1) The owner of any share of any railroad corporation organized under the law of this state may vote in person or by proxy at any meeting of the stockholders. (2) The owner of record of the stock as reflected by the stock records of the corporation at the time of the meeting shall have the right to vote the stock.

(1) The owner of any share of any railroad corporation organized under the law of this state may vote in person or by proxy at any meeting of the stockholders.

(2) The owner of record of the stock as reflected by the stock records of the corporation at the time of the meeting shall have the right to vote the stock.

(b) Every administrator, executor, guardian, or trustee who shall have filed with the secretary of the corporation evidence of his or her authority to act in regard thereto shall be allowed to represent the shares of stock in his or her hands at all meetings of the stockholders of the corporation and hold the stock as a stockholder.

Acts 1868, No. 71, § 18, p. 290; C. & M. Dig., § 8433; Pope's Dig., § 11007; Acts 1959, No. 30, §§ 10, 16; A.S.A. 1947, §§ 73-324.3, 73-325.
Ark. Code Ann. § 23-85-133 — AR Code / Title 23 / Chapter 85 / Section 23-85-133
Coverage of outpatient services required - Exception - Definitions
Status: in_force

(a) (1) No policy or contract of accident and health insurance, including contracts issued by hospital and medical service corporations, that provides coverage for any of the following services when delivered on an inpatient basis shall be sold, delivered, or issued for delivery or offered for sale in this state unless the identical coverage for the following services is provided when delivered on an outpatient basis: (A) Laboratory and pathological tests; (B) X rays; (C) Chemotherapy; (D) Radiation treatment; and (E) Renal dialysis. (2) However, the coverage required by subsection (a) of this section shall not be required when any policyholder or contract holder rejects coverage in writing. (b) As used in this section: (1) "Chemotherapy" means the administration, other than orally, of antineoplastic agents that are an integral part of cancer therapy; (2) "Laboratory and pathological tests" means those services, including machine tests, ordered by the attending physician when necessary to and rendered in conjunction with the medical or surgical diagnosis or treatment of an illness or injury; (3) "Radiation treatment" means treatment, when ordered by the attending physician, of cancer by X ray, radium, or radioisotopes; (4) "Renal dialysis" means treatment, when ordered by the attending physician, of chronic renal disease by a process by which waste products are removed from the body by diffusion from one (1) fluid compartment to another across a semipermeable membrane and shall include hemodialysis and peritoneal dialysis; and (5) "X rays" means diagnostic X-ray examinations, including fluoroscopic examinations, ordered by the attending physician when such X-ray examinations are necessary to and rendered in conjunction with the medical or surgical diagnosis or treatment of an illness or injury. Acts 1981, No. 445, §§ 1, 2; 1983, No. 522, § 30; A.S.A. 1947, §§ 66-3636, 66-3637; Acts 2001, No. 909, § 9.

(a) (1) No policy or contract of accident and health insurance, including contracts issued by hospital and medical service corporations, that provides coverage for any of the following services when delivered on an inpatient basis shall be sold, delivered, or issued for delivery or offered for sale in this state unless the identical coverage for the following services is provided when delivered on an outpatient basis: (A) Laboratory and pathological tests; (B) X rays; (C) Chemotherapy; (D) Radiation treatment; and (E) Renal dialysis. (2) However, the coverage required by subsection (a) of this section shall not be required when any policyholder or contract holder rejects coverage in writing.

(1) No policy or contract of accident and health insurance, including contracts issued by hospital and medical service corporations, that provides coverage for any of the following services when delivered on an inpatient basis shall be sold, delivered, or issued for delivery or offered for sale in this state unless the identical coverage for the following services is provided when delivered on an outpatient basis: (A) Laboratory and pathological tests; (B) X rays; (C) Chemotherapy; (D) Radiation treatment; and (E) Renal dialysis.

(A) Laboratory and pathological tests;

(B) X rays;

(C) Chemotherapy;

(D) Radiation treatment; and

(E) Renal dialysis.

(2) However, the coverage required by subsection (a) of this section shall not be required when any policyholder or contract holder rejects coverage in writing.

(b) As used in this section: (1) "Chemotherapy" means the administration, other than orally, of antineoplastic agents that are an integral part of cancer therapy; (2) "Laboratory and pathological tests" means those services, including machine tests, ordered by the attending physician when necessary to and rendered in conjunction with the medical or surgical diagnosis or treatment of an illness or injury; (3) "Radiation treatment" means treatment, when ordered by the attending physician, of cancer by X ray, radium, or radioisotopes; (4) "Renal dialysis" means treatment, when ordered by the attending physician, of chronic renal disease by a process by which waste products are removed from the body by diffusion from one (1) fluid compartment to another across a semipermeable membrane and shall include hemodialysis and peritoneal dialysis; and (5) "X rays" means diagnostic X-ray examinations, including fluoroscopic examinations, ordered by the attending physician when such X-ray examinations are necessary to and rendered in conjunction with the medical or surgical diagnosis or treatment of an illness or injury.

(1) "Chemotherapy" means the administration, other than orally, of antineoplastic agents that are an integral part of cancer therapy;

(2) "Laboratory and pathological tests" means those services, including machine tests, ordered by the attending physician when necessary to and rendered in conjunction with the medical or surgical diagnosis or treatment of an illness or injury;

(3) "Radiation treatment" means treatment, when ordered by the attending physician, of cancer by X ray, radium, or radioisotopes;

(4) "Renal dialysis" means treatment, when ordered by the attending physician, of chronic renal disease by a process by which waste products are removed from the body by diffusion from one (1) fluid compartment to another across a semipermeable membrane and shall include hemodialysis and peritoneal dialysis; and

(5) "X rays" means diagnostic X-ray examinations, including fluoroscopic examinations, ordered by the attending physician when such X-ray examinations are necessary to and rendered in conjunction with the medical or surgical diagnosis or treatment of an illness or injury.

Acts 1981, No. 445, §§ 1, 2; 1983, No. 522, § 30; A.S.A. 1947, §§ 66-3636, 66-3637; Acts 2001, No. 909, § 9.
Ark. Code Ann. § 23-55-1003 — AR Code / Title 23 / Chapter 55 / Section 23-55-1003
Effective date
Status: in_force

This chapter takes effect January 1, 2008. Acts 2007, No. 1595, § 1.

This chapter takes effect January 1, 2008.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-99-409 — AR Code / Title 23 / Chapter 99 / Subchapter 4 / Section 23-99-409
Prescription drug formulary
Status: in_force

When a healthcare insurer uses a formulary for prescription drugs, the insurer shall include a written procedure whereby covered persons can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when: (1) The formulary's equivalent has been ineffective in the treatment of the covered person's disease or condition; or (2) The formulary's drug causes or is reasonably expected to cause adverse or harmful reactions in the covered person. Acts 1997, No. 1196, § 9.

When a healthcare insurer uses a formulary for prescription drugs, the insurer shall include a written procedure whereby covered persons can obtain, without penalty and in a timely fashion, specific drugs and medications not included in the formulary when:

(1) The formulary's equivalent has been ineffective in the treatment of the covered person's disease or condition; or

(2) The formulary's drug causes or is reasonably expected to cause adverse or harmful reactions in the covered person.

Acts 1997, No. 1196, § 9.
Ark. Code Ann. § 23-68-115 — AR Code / Title 23 / Chapter 68 / Section 23-68-115
Conduct of delinquency proceedings against foreign insurers
Status: in_force

(1) Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court shall appoint the Insurance Commissioner as ancillary receiver. The commissioner shall file a petition requesting the appointment on the grounds set forth in § 23-68-109 : (a) If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (b) If ten (10) or more persons resident in this state having claims against such insurer file a petition with the commissioner requesting the appointment of such ancillary receiver. (2) The domiciliary receiver for the purpose of liquidation of an insurer domiciled in a reciprocal state shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer located in this state; and he or she shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this state. He or she shall also be entitled to recover the other assets of the insurer located in this state, except that upon the appointment of an ancillary receiver in this state, the ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from his or her respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this state. (3) The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of such insurer to which he or she may be entitled under the laws of this state. Acts 1959, No. 148, § 652; A.S.A. 1947, § 66-4815.

(1) Whenever under this chapter an ancillary receiver is to be appointed in delinquency proceedings for an insurer not domiciled in this state, the court shall appoint the Insurance Commissioner as ancillary receiver. The commissioner shall file a petition requesting the appointment on the grounds set forth in § 23-68-109 : (a) If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or (b) If ten (10) or more persons resident in this state having claims against such insurer file a petition with the commissioner requesting the appointment of such ancillary receiver.

(a) If he or she finds that there are sufficient assets of the insurer located in this state to justify the appointment of an ancillary receiver; or

(b) If ten (10) or more persons resident in this state having claims against such insurer file a petition with the commissioner requesting the appointment of such ancillary receiver.

(2) The domiciliary receiver for the purpose of liquidation of an insurer domiciled in a reciprocal state shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer located in this state; and he or she shall have the immediate right to recover balances due from local agents and to obtain possession of any books and records of the insurer found in this state. He or she shall also be entitled to recover the other assets of the insurer located in this state, except that upon the appointment of an ancillary receiver in this state, the ancillary receiver shall during the ancillary receivership proceedings have the sole right to recover such other assets. The ancillary receiver shall, as soon as practicable, liquidate from his or her respective securities those special deposit claims and secured claims which are proved and allowed in the ancillary proceedings in this state, and shall pay the necessary expenses of the proceedings. He or she shall promptly transfer all remaining assets to the domiciliary receiver. Subject to the foregoing provisions, the ancillary receiver and his or her deputies shall have the same powers and be subject to the same duties with respect to the administration of such assets as a receiver of an insurer domiciled in this state.

(3) The domiciliary receiver of an insurer domiciled in a reciprocal state may sue in this state to recover any assets of such insurer to which he or she may be entitled under the laws of this state.

Acts 1959, No. 148, § 652; A.S.A. 1947, § 66-4815.
Ark. Code Ann. § 23-92-606 — AR Code / Title 23 / Chapter 92 / Subchapter 6 / Section 23-92-606
Rules
Status: in_force

The Insurance Commissioner shall promulgate rules to implement this subchapter. Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.

The Insurance Commissioner shall promulgate rules to implement this subchapter.

Added by Act 2021, No. 1103,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-10-416 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-416
Loading of cars generally
Status: in_force

(a) (1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than five dollars ($5.00) per car per day or fraction of a day may be assessed and collected on all cars which have not been tendered to the railroad company with shipping instructions within the forty-eight (48) hours. (2) Should the shipper fail to begin loading within forty-eight (48) hours after the expiration of free time, the railroad company shall consider the cars released and may assess and collect ten dollars ($10.00) on each car to cover the demurrage then due, provided that the delay is not caused by unavoidable accident or strike. The cars are to be released at once. (3) If, after placing the cars required by § 23-10-413 , the railroad company temporarily removes any or all of them or in any way prevents, obstructs, or delays the loading of the cars during or after the free time, the shipper shall not be chargeable with the delay caused thereby. (b) When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are bunched in excess of the ability of the shipper to load, as indicated in his or her application, the shipper shall be allowed separate and distinct periods of free time within which to load the cars specified in each separate application. (c) Railroad companies shall not be compelled to furnish cars for future shipments to parties in default as to the payment of demurrage charges provided for in subdivision (a)(2) of this section until the demurrage charges have been paid. Acts 1907, No. 193, § 6, p. 453; C. & M. Dig., §§ 900, 901; Pope's Dig., §§ 1104, 1105; A.S.A. 1947, § 73-1315.

(a) (1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than five dollars ($5.00) per car per day or fraction of a day may be assessed and collected on all cars which have not been tendered to the railroad company with shipping instructions within the forty-eight (48) hours. (2) Should the shipper fail to begin loading within forty-eight (48) hours after the expiration of free time, the railroad company shall consider the cars released and may assess and collect ten dollars ($10.00) on each car to cover the demurrage then due, provided that the delay is not caused by unavoidable accident or strike. The cars are to be released at once. (3) If, after placing the cars required by § 23-10-413 , the railroad company temporarily removes any or all of them or in any way prevents, obstructs, or delays the loading of the cars during or after the free time, the shipper shall not be chargeable with the delay caused thereby.

(1) A shipper on whose order cars have been placed for loading shall be allowed forty-eight (48) hours for the loading of the cars, computing the time from 7:00 a.m. of the day after the cars have been placed subject to the order of the shipper. Thereafter, a demurrage charge of not more than five dollars ($5.00) per car per day or fraction of a day may be assessed and collected on all cars which have not been tendered to the railroad company with shipping instructions within the forty-eight (48) hours.

(2) Should the shipper fail to begin loading within forty-eight (48) hours after the expiration of free time, the railroad company shall consider the cars released and may assess and collect ten dollars ($10.00) on each car to cover the demurrage then due, provided that the delay is not caused by unavoidable accident or strike. The cars are to be released at once.

(3) If, after placing the cars required by § 23-10-413 , the railroad company temporarily removes any or all of them or in any way prevents, obstructs, or delays the loading of the cars during or after the free time, the shipper shall not be chargeable with the delay caused thereby.

(b) When, by reason of delay or irregularity on the part of the railroad company in filling orders, cars are bunched in excess of the ability of the shipper to load, as indicated in his or her application, the shipper shall be allowed separate and distinct periods of free time within which to load the cars specified in each separate application.

(c) Railroad companies shall not be compelled to furnish cars for future shipments to parties in default as to the payment of demurrage charges provided for in subdivision (a)(2) of this section until the demurrage charges have been paid.

Acts 1907, No. 193, § 6, p. 453; C. & M. Dig., §§ 900, 901; Pope's Dig., §§ 1104, 1105; A.S.A. 1947, § 73-1315.
Ark. Code Ann. § 23-48-1003 — AR Code / Title 23 / Chapter 48 / Subchapter 10 / Section 23-48-1003
Effect of certificate of authority
Status: in_force

(a) A certificate of authority authorizes the out-of-state bank to which it is issued to transact business in this state subject, however, to the right of the state to revoke the certificate as provided in this chapter. (b) An out-of-state bank with a valid certificate of authority has the same but no greater rights and has the same but no greater privileges as, and except as otherwise provided by this chapter, is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a state bank of like character. (c) This chapter does not authorize this state to regulate corporate governance matters of an out-of-state bank authorized to transact business in this state. Acts 1997, No. 408, § 20.

(a) A certificate of authority authorizes the out-of-state bank to which it is issued to transact business in this state subject, however, to the right of the state to revoke the certificate as provided in this chapter.

(b) An out-of-state bank with a valid certificate of authority has the same but no greater rights and has the same but no greater privileges as, and except as otherwise provided by this chapter, is subject to the same duties, restrictions, penalties, and liabilities now or later imposed on, a state bank of like character.

(c) This chapter does not authorize this state to regulate corporate governance matters of an out-of-state bank authorized to transact business in this state.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-42-203 — AR Code / Title 23 / Chapter 42 / Subchapter 2 / Section 23-42-203
Confidentiality of information or proceedings generally
Status: in_force

(a) It is unlawful for the Securities Commissioner or any of the officers or employees of the State Securities Department or officers or employees of the Department of Commerce working for the State Securities Department to use for personal benefit any information which is filed with or obtained by the commissioner and which is not made public. (b) Neither the commissioner nor any of the officers or employees of the State Securities Department or officers or employees of the Department of Commerce working for the State Securities Department shall disclose the information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or in any judicial proceedings when the information is not privileged. (c) No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of his or her officers or employees. (d) Nothing herein shall prevent the commissioner or any officers or employees of the State Securities Department or officers or employees of the Department of Commerce working for the State Securities Department from sharing with state or federal law enforcement authorities, other state or federal regulatory authorities, or self-regulatory organizations authorized by law any information which they may have or obtain in aid of the enforcement of this chapter or any other securities act or the criminal provisions of any laws. (e) The commissioner, in his or her discretion, shall determine when an administrative proceeding shall be public. Amended by Act 2019, No. 910,§ 576, eff. 7/1/2019. Acts 1959, No. 254, §§ 18, 24; 1963, No. 479, § 4; 1985, No. 939, § 9; A.S.A. 1947, §§ 67-1252, 67-1258; Acts 1995, No. 845, § 4.

(a) It is unlawful for the Securities Commissioner or any of the officers or employees of the State Securities Department or officers or employees of the Department of Commerce working for the State Securities Department to use for personal benefit any information which is filed with or obtained by the commissioner and which is not made public.

(b) Neither the commissioner nor any of the officers or employees of the State Securities Department or officers or employees of the Department of Commerce working for the State Securities Department shall disclose the information except among themselves or when necessary or appropriate in a proceeding or investigation under this chapter or in any judicial proceedings when the information is not privileged.

(c) No provision of this chapter either creates or derogates from any privilege which exists at common law or otherwise when documentary or other evidence is sought under a subpoena directed to the commissioner or any of his or her officers or employees.

(d) Nothing herein shall prevent the commissioner or any officers or employees of the State Securities Department or officers or employees of the Department of Commerce working for the State Securities Department from sharing with state or federal law enforcement authorities, other state or federal regulatory authorities, or self-regulatory organizations authorized by law any information which they may have or obtain in aid of the enforcement of this chapter or any other securities act or the criminal provisions of any laws.

(e) The commissioner, in his or her discretion, shall determine when an administrative proceeding shall be public.

Amended by Act 2019, No. 910,§ 576, eff. 7/1/2019.

Acts 1959, No. 254, §§ 18, 24; 1963, No. 479, § 4; 1985, No. 939, § 9; A.S.A. 1947, §§ 67-1252, 67-1258; Acts 1995, No. 845, § 4.
Ark. Code Ann. § 23-102-116 — AR Code / Title 23 / Chapter 102 / Section 23-102-116
Rules
Status: in_force

The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this chapter. Amended by Act 2019, No. 315,§ 2813, eff. 7/24/2019. Acts 1999, No. 1343, § 16.

The Insurance Commissioner is authorized to promulgate such reasonable rules as are necessary to carry out the provisions of this chapter.

Amended by Act 2019, No. 315,§ 2813, eff. 7/24/2019.

Acts 1999, No. 1343, § 16.
Ark. Code Ann. § 23-65-102 — AR Code / Title 23 / Chapter 65 / Subchapter 1 / Section 23-65-102
Suits by unauthorized insurers prohibited
Status: in_force

As to transactions not permitted under § 23-63-201 , no unauthorized insurer shall institute or file, or cause to be instituted or filed, any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state until the insurer has obtained a certificate of authority to transact such insurance in this state. Acts 1959, No. 148, § 182; A.S.A. 1947, § 66-2902.

As to transactions not permitted under § 23-63-201 , no unauthorized insurer shall institute or file, or cause to be instituted or filed, any suit, action, or proceeding in this state to enforce any right, claim, or demand arising out of any insurance transaction in this state until the insurer has obtained a certificate of authority to transact such insurance in this state.

Acts 1959, No. 148, § 182; A.S.A. 1947, § 66-2902.
Ark. Code Ann. § 23-115-607 — AR Code / Title 23 / Chapter 115 / Subchapter 6 / Section 23-115-607
Business closure authority - Notice
Status: in_force

(a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (3) times within any consecutive twenty-four-month period. (b) (1) The director shall give notice to the retailer that the third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period may result in the closure of the business. (2) The notice shall be in writing and delivered to the retailer by: (A) The United States Postal Service; or (B) Hand delivery. (c) (1) If the retailer has a third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section and the director chooses to close the business, the director shall notify the retailer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of receipt of the notice unless the retailer avoids closure of the business under subsection (d) of this section. (2) If the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of an act to avoid closure of the business under subsection (d) of this section is timely when performed on the next succeeding business day that is not a Saturday, Sunday, or legal holiday. (d) A retailer may avoid closure of the business by: (1) Remitting the delinquent lottery proceeds; or (2) Entering into a written payment agreement approved by the director to satisfy the lottery proceeds delinquency. Amended by Act 2015, No. 218,§ 25, eff. 2/26/2015. Acts 2009, No. 1405, § 44.

(a) In addition to all other remedies provided by law for failure to remit lottery proceeds due the Office of the Arkansas Lottery, the Director of the Office of the Arkansas Lottery may close the business of a retailer if the retailer fails to comply with § 23-115-605(b) three (3) times within any consecutive twenty-four-month period.

(b) (1) The director shall give notice to the retailer that the third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period may result in the closure of the business. (2) The notice shall be in writing and delivered to the retailer by: (A) The United States Postal Service; or (B) Hand delivery.

(1) The director shall give notice to the retailer that the third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period may result in the closure of the business.

(2) The notice shall be in writing and delivered to the retailer by: (A) The United States Postal Service; or (B) Hand delivery.

(A) The United States Postal Service; or

(B) Hand delivery.

(c) (1) If the retailer has a third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section and the director chooses to close the business, the director shall notify the retailer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of receipt of the notice unless the retailer avoids closure of the business under subsection (d) of this section. (2) If the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of an act to avoid closure of the business under subsection (d) of this section is timely when performed on the next succeeding business day that is not a Saturday, Sunday, or legal holiday.

(1) If the retailer has a third delinquency in complying with § 23-115-605(b) in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section and the director chooses to close the business, the director shall notify the retailer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of receipt of the notice unless the retailer avoids closure of the business under subsection (d) of this section.

(2) If the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of an act to avoid closure of the business under subsection (d) of this section is timely when performed on the next succeeding business day that is not a Saturday, Sunday, or legal holiday.

(d) A retailer may avoid closure of the business by: (1) Remitting the delinquent lottery proceeds; or (2) Entering into a written payment agreement approved by the director to satisfy the lottery proceeds delinquency.

(1) Remitting the delinquent lottery proceeds; or

(2) Entering into a written payment agreement approved by the director to satisfy the lottery proceeds delinquency.

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

Acts 2009, No. 1405, § 44.
Ark. Code Ann. § 23-86-111 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-111
Group accident and health insurance - Payment of benefits when other like insurance exists
Status: in_force

(a) (1) No contract of group accident and health insurance coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing indemnity, services, healthcare services, or cash to an individual as a result of hospitalization, medical or surgical treatment, or dental care, shall contain any provision for the denial or reduction of benefits because of the existence of other like insurance except to the extent that the aggregate benefits with respect to the covered medical expenses incurred under the contract and all other like insurance with other insurers, hospital and medical service corporations, or health maintenance organizations exceed all covered medical expenses incurred. (2) The term "other like insurance" may include group accident and health insurance or blanket accident and health insurance or group coverage provided by health maintenance organizations, hospital and medical service corporations, government insurance plans, except Medicaid, union welfare plans, employer or employee benefit organizations, or workers' compensation insurance or no-fault automobile coverage provided for or required by any statute. (b) (1) No group accident and health insurance policy providing disability income coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state shall provide for reduction in the amount of the disability benefits payable to the insured to the extent of and because of the existence of other such coverage unless the policy provides a minimum amount payable, regardless of the reduction, of fifty dollars ($50.00) per month. (2) "Other such coverage" for which a reduction may be effected includes: (A) Governmental programs such as Social Security, the Arkansas Public Employees' Retirement System, the state workers' compensation system, and all other government-sponsored, mandatory plans or programs that provide for disability benefit coverage; (B) Disability or pension income coverages as established by the Insurance Commissioner through implementing rules; and (C) Such other programs, coverages, or permissible reductions as the commissioner may establish through rules. (3) The amount of any such reduction shall not be increased with any increase in the level of Social Security benefits payable that becomes effective after a claim commences. (4) The commissioner may also issue rules to implement this section and § 23-86-110 , including, but not limited to, the nature and timing of proofs of eligibility for Social Security benefits. (c) This section shall be applicable to all group contracts of accident and health insurance sold, delivered or issued for delivery, renewed, or offered for sale in this state, except group contracts for employees whose employer pays one hundred percent (100%) of the premiums. Amended by Act 2019, No. 315,§ 2745, eff. 7/24/2019. Acts 1975, No. 900, §§ 1, 2; 1979, No. 806, § 1; 1981, No. 702, §§ 1, 2; A.S.A. 1947, §§ 66-3709, 66-3710; Acts 1999, No. 624, § 2; 2001, No. 1063, § 11.

(a) (1) No contract of group accident and health insurance coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing indemnity, services, healthcare services, or cash to an individual as a result of hospitalization, medical or surgical treatment, or dental care, shall contain any provision for the denial or reduction of benefits because of the existence of other like insurance except to the extent that the aggregate benefits with respect to the covered medical expenses incurred under the contract and all other like insurance with other insurers, hospital and medical service corporations, or health maintenance organizations exceed all covered medical expenses incurred. (2) The term "other like insurance" may include group accident and health insurance or blanket accident and health insurance or group coverage provided by health maintenance organizations, hospital and medical service corporations, government insurance plans, except Medicaid, union welfare plans, employer or employee benefit organizations, or workers' compensation insurance or no-fault automobile coverage provided for or required by any statute.

(1) No contract of group accident and health insurance coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state by an insurer, hospital and medical service corporation, or health maintenance organization, directly or indirectly providing indemnity, services, healthcare services, or cash to an individual as a result of hospitalization, medical or surgical treatment, or dental care, shall contain any provision for the denial or reduction of benefits because of the existence of other like insurance except to the extent that the aggregate benefits with respect to the covered medical expenses incurred under the contract and all other like insurance with other insurers, hospital and medical service corporations, or health maintenance organizations exceed all covered medical expenses incurred.

(2) The term "other like insurance" may include group accident and health insurance or blanket accident and health insurance or group coverage provided by health maintenance organizations, hospital and medical service corporations, government insurance plans, except Medicaid, union welfare plans, employer or employee benefit organizations, or workers' compensation insurance or no-fault automobile coverage provided for or required by any statute.

(b) (1) No group accident and health insurance policy providing disability income coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state shall provide for reduction in the amount of the disability benefits payable to the insured to the extent of and because of the existence of other such coverage unless the policy provides a minimum amount payable, regardless of the reduction, of fifty dollars ($50.00) per month. (2) "Other such coverage" for which a reduction may be effected includes: (A) Governmental programs such as Social Security, the Arkansas Public Employees' Retirement System, the state workers' compensation system, and all other government-sponsored, mandatory plans or programs that provide for disability benefit coverage; (B) Disability or pension income coverages as established by the Insurance Commissioner through implementing rules; and (C) Such other programs, coverages, or permissible reductions as the commissioner may establish through rules. (3) The amount of any such reduction shall not be increased with any increase in the level of Social Security benefits payable that becomes effective after a claim commences. (4) The commissioner may also issue rules to implement this section and § 23-86-110 , including, but not limited to, the nature and timing of proofs of eligibility for Social Security benefits.

(1) No group accident and health insurance policy providing disability income coverage sold, delivered or issued for delivery, renewed, or offered for sale in this state shall provide for reduction in the amount of the disability benefits payable to the insured to the extent of and because of the existence of other such coverage unless the policy provides a minimum amount payable, regardless of the reduction, of fifty dollars ($50.00) per month.

(2) "Other such coverage" for which a reduction may be effected includes: (A) Governmental programs such as Social Security, the Arkansas Public Employees' Retirement System, the state workers' compensation system, and all other government-sponsored, mandatory plans or programs that provide for disability benefit coverage; (B) Disability or pension income coverages as established by the Insurance Commissioner through implementing rules; and (C) Such other programs, coverages, or permissible reductions as the commissioner may establish through rules.

(A) Governmental programs such as Social Security, the Arkansas Public Employees' Retirement System, the state workers' compensation system, and all other government-sponsored, mandatory plans or programs that provide for disability benefit coverage;

(B) Disability or pension income coverages as established by the Insurance Commissioner through implementing rules; and

(C) Such other programs, coverages, or permissible reductions as the commissioner may establish through rules.

(3) The amount of any such reduction shall not be increased with any increase in the level of Social Security benefits payable that becomes effective after a claim commences.

(4) The commissioner may also issue rules to implement this section and § 23-86-110 , including, but not limited to, the nature and timing of proofs of eligibility for Social Security benefits.

(c) This section shall be applicable to all group contracts of accident and health insurance sold, delivered or issued for delivery, renewed, or offered for sale in this state, except group contracts for employees whose employer pays one hundred percent (100%) of the premiums.

Amended by Act 2019, No. 315,§ 2745, eff. 7/24/2019.

Acts 1975, No. 900, §§ 1, 2; 1979, No. 806, § 1; 1981, No. 702, §§ 1, 2; A.S.A. 1947, §§ 66-3709, 66-3710; Acts 1999, No. 624, § 2; 2001, No. 1063, § 11.
Ark. Code Ann. § 23-48-903 — AR Code / Title 23 / Chapter 48 / Subchapter 9 / Section 23-48-903
Interstate merger transactions and branching permitted
Status: in_force

One (1) or more Arkansas banks, provided no such Arkansas bank has a de novo charter, may enter into an interstate merger transaction with one (1) or more out-of-state banks under this subchapter in which the out-of-state bank is the resulting bank, and the out-of-state bank may thereafter maintain and operate the branches in Arkansas of any Arkansas bank that was a party to the interstate merger transaction, provided that the conditions and filing requirements of § 23-48-1001 et seq. are met. Acts 1997, No. 408, § 20.

One (1) or more Arkansas banks, provided no such Arkansas bank has a de novo charter, may enter into an interstate merger transaction with one (1) or more out-of-state banks under this subchapter in which the out-of-state bank is the resulting bank, and the out-of-state bank may thereafter maintain and operate the branches in Arkansas of any Arkansas bank that was a party to the interstate merger transaction, provided that the conditions and filing requirements of § 23-48-1001 et seq. are met.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-111-513 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-513
Failure to pay tax
Status: in_force

(a) Any franchise holder failing or refusing to pay the amount found to be due the Arkansas Racing Commission from any tax provided for or imposed by this chapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) in addition to the amount due from the franchise holder as provided in this chapter. (b) All fines paid into any court of this state by a franchise holder found guilty of violating this section shall be paid over by the clerk of the court to the commission within ten (10) days after the fines shall have been paid to the clerk by the franchise holder. Acts 1957, No. 191, § 22; A.S.A. 1947, § 84-2837; Acts 2005, No. 1994, § 158.

(a) Any franchise holder failing or refusing to pay the amount found to be due the Arkansas Racing Commission from any tax provided for or imposed by this chapter shall be guilty of a violation and upon conviction shall be punished by a fine of not more than five thousand dollars ($5,000) in addition to the amount due from the franchise holder as provided in this chapter.

(b) All fines paid into any court of this state by a franchise holder found guilty of violating this section shall be paid over by the clerk of the court to the commission within ten (10) days after the fines shall have been paid to the clerk by the franchise holder.

Acts 1957, No. 191, § 22; A.S.A. 1947, § 84-2837; Acts 2005, No. 1994, § 158.
Ark. Code Ann. § 23-54-106 — AR Code / Title 23 / Chapter 54 / Section 23-54-106
Loan application - Disclosures
Status: in_force

(a) No reverse mortgage loan application shall be taken by a lender unless the loan applicant has received from the lender the following plain language statement, in conspicuous 16-point type or larger, advising the prospective borrower about counseling prior to obtaining the reverse mortgage loan: Click here to view form. (b) Before giving the prospective borrower the statement described in subsection (a) of this section, the lender shall mark the appropriate alternative concerning annuity requirements. (c) The lender shall be presumed to have satisfied any disclosure duty imposed by this chapter if the lender provides a disclosure statement in the same form as provided in this chapter. Acts 2005, No. 2166, § 1.

(a) No reverse mortgage loan application shall be taken by a lender unless the loan applicant has received from the lender the following plain language statement, in conspicuous 16-point type or larger, advising the prospective borrower about counseling prior to obtaining the reverse mortgage loan: Click here to view form.

Click here to view form.

(b) Before giving the prospective borrower the statement described in subsection (a) of this section, the lender shall mark the appropriate alternative concerning annuity requirements.

(c) The lender shall be presumed to have satisfied any disclosure duty imposed by this chapter if the lender provides a disclosure statement in the same form as provided in this chapter.

Acts 2005, No. 2166, § 1.

54_106_1 - Attachment
Ark. Code Ann. § 23-110-413 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-413
Access to meets, books, records, etc
Status: in_force

(a) The Arkansas Racing Commission shall at all times have access to any portion of the space or enclosure where a race meet is held, including the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised at any racing meet, for the purpose of ascertaining whether or not the franchise holder is retaining only the commission provided in this chapter. (b) The commission shall have full and free access to the books, records, machines, and papers pertaining to pari-mutuel or certificate method of wagering, and admission tickets. (c) The commission may also at any time investigate and ascertain whether or not any of the provisions of this chapter or the rules of the commission are being violated at the race track or enclosure. Amended by Act 2019, No. 315,§ 2818, eff. 7/24/2019. Acts 1957, No. 46, § 27; A.S.A. 1947, § 84-2753.

(a) The Arkansas Racing Commission shall at all times have access to any portion of the space or enclosure where a race meet is held, including the space or enclosure where the pari-mutuel or certificate system of wagering is conducted or supervised at any racing meet, for the purpose of ascertaining whether or not the franchise holder is retaining only the commission provided in this chapter.

(b) The commission shall have full and free access to the books, records, machines, and papers pertaining to pari-mutuel or certificate method of wagering, and admission tickets.

(c) The commission may also at any time investigate and ascertain whether or not any of the provisions of this chapter or the rules of the commission are being violated at the race track or enclosure.

Amended by Act 2019, No. 315,§ 2818, eff. 7/24/2019.

Acts 1957, No. 46, § 27; A.S.A. 1947, § 84-2753.
Ark. Code Ann. § 23-80-205 — AR Code / Title 23 / Chapter 80 / Subchapter 2 / Section 23-80-205
Construction
Status: in_force

Nothing in this subchapter shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified. Acts 1979, No. 258, § 6; A.S.A. 1947, § 66-3256.

Nothing in this subchapter shall be construed to negate any law of this state permitting the issuance of any policy form after it has been on file for the time period specified.

Acts 1979, No. 258, § 6; A.S.A. 1947, § 66-3256.
Ark. Code Ann. § 23-42-302 — AR Code / Title 23 / Chapter 42 / Subchapter 3 / Section 23-42-302
Registration procedure
Status: in_force

(a) (1) A broker-dealer, agent, investment adviser, representative, or branch office may obtain an initial or renewal registration by filing with the Securities Commissioner or the commissioner's designee an application and fee, together with a consent to service of process under § 23-42-107(a) . (2) The commissioner may by rule or order approve a limited registration with such limitations, qualifications, or conditions as the commissioner deems appropriate. (b) The commissioner may by rule set forth the form and content of the application and establish a procedure for renewal registration or initial registration. (c) The application shall contain whatever information the commissioner by rule requires concerning such matters as: (1) The applicant's form and place of organization; (2) The applicant's proposed method of doing business; (3) The qualifications, disciplinary history, and business history of the applicant, including, in the case of a broker-dealer or investment adviser, the qualifications and history of any partner, officer, director, person occupying a similar status or performing similar functions, or any persons directly or indirectly controlling the broker-dealer or investment adviser; (4) Any investigation, proceeding, order, injunction, arrest, or conviction of any felony or misdemeanor; and (5) The applicant's financial condition and history. (d) The commissioner may provide for a written examination to be taken by each class of applicants to be used as one (1) of the bases in determining an applicant's qualifications to be registered. (e) The commissioner is authorized to conduct an investigation in order that he or she may determine the fitness of any applicant. Each applicant shall pay to the commissioner an investigation fee, and the amount of each fee shall be determined on the same basis as is the examination fee required of broker-dealers under § 23-42-306(d) . (f) If no denial order is in effect or no proceeding is pending under § 23-42-308 , registration becomes effective on the thirtieth day after the application is completed. The commissioner may determine an earlier effective date upon review of the application. (g) Applications which have not been completed within a period of one hundred eighty (180) days after filing with the commissioner may be deemed abandoned and considered withdrawn by the applicant, provided the applicant has been notified of the deficiencies to the application and afforded a reasonable opportunity to correct such deficiencies. (h) A registered broker-dealer, investment adviser, or person required to make a notice filing pursuant to § 23-42-301(c)(1) may file an application for registration or notice filing of a successor, whether or not the successor is then in existence. The application or notice filing shall comply with the requirements for an initial application or notice filing. Amended by Act 2017, No. 668,§ 17, eff. 8/1/2017. Acts 1959, No. 254, § 4; 1961, No. 248, § 2; 1973, No. 47, § 8; 1975, No. 844, § 5; 1983, No. 836, §§ 5, 6; A.S.A. 1947, § 67-1238; Acts 1995, No. 845, § 12; 1997, No. 173, § 12; 2009, No. 462, § 9; 2009, No. 534, § 5.

(a) (1) A broker-dealer, agent, investment adviser, representative, or branch office may obtain an initial or renewal registration by filing with the Securities Commissioner or the commissioner's designee an application and fee, together with a consent to service of process under § 23-42-107(a) . (2) The commissioner may by rule or order approve a limited registration with such limitations, qualifications, or conditions as the commissioner deems appropriate.

(1) A broker-dealer, agent, investment adviser, representative, or branch office may obtain an initial or renewal registration by filing with the Securities Commissioner or the commissioner's designee an application and fee, together with a consent to service of process under § 23-42-107(a) .

(2) The commissioner may by rule or order approve a limited registration with such limitations, qualifications, or conditions as the commissioner deems appropriate.

(b) The commissioner may by rule set forth the form and content of the application and establish a procedure for renewal registration or initial registration.

(c) The application shall contain whatever information the commissioner by rule requires concerning such matters as: (1) The applicant's form and place of organization; (2) The applicant's proposed method of doing business; (3) The qualifications, disciplinary history, and business history of the applicant, including, in the case of a broker-dealer or investment adviser, the qualifications and history of any partner, officer, director, person occupying a similar status or performing similar functions, or any persons directly or indirectly controlling the broker-dealer or investment adviser; (4) Any investigation, proceeding, order, injunction, arrest, or conviction of any felony or misdemeanor; and (5) The applicant's financial condition and history.

(1) The applicant's form and place of organization;

(2) The applicant's proposed method of doing business;

(3) The qualifications, disciplinary history, and business history of the applicant, including, in the case of a broker-dealer or investment adviser, the qualifications and history of any partner, officer, director, person occupying a similar status or performing similar functions, or any persons directly or indirectly controlling the broker-dealer or investment adviser;

(4) Any investigation, proceeding, order, injunction, arrest, or conviction of any felony or misdemeanor; and

(5) The applicant's financial condition and history.

(d) The commissioner may provide for a written examination to be taken by each class of applicants to be used as one (1) of the bases in determining an applicant's qualifications to be registered.

(e) The commissioner is authorized to conduct an investigation in order that he or she may determine the fitness of any applicant. Each applicant shall pay to the commissioner an investigation fee, and the amount of each fee shall be determined on the same basis as is the examination fee required of broker-dealers under § 23-42-306(d) .

(f) If no denial order is in effect or no proceeding is pending under § 23-42-308 , registration becomes effective on the thirtieth day after the application is completed. The commissioner may determine an earlier effective date upon review of the application.

(g) Applications which have not been completed within a period of one hundred eighty (180) days after filing with the commissioner may be deemed abandoned and considered withdrawn by the applicant, provided the applicant has been notified of the deficiencies to the application and afforded a reasonable opportunity to correct such deficiencies.

(h) A registered broker-dealer, investment adviser, or person required to make a notice filing pursuant to § 23-42-301(c)(1) may file an application for registration or notice filing of a successor, whether or not the successor is then in existence. The application or notice filing shall comply with the requirements for an initial application or notice filing.

Amended by Act 2017, No. 668,§ 17, eff. 8/1/2017.

Acts 1959, No. 254, § 4; 1961, No. 248, § 2; 1973, No. 47, § 8; 1975, No. 844, § 5; 1983, No. 836, §§ 5, 6; A.S.A. 1947, § 67-1238; Acts 1995, No. 845, § 12; 1997, No. 173, § 12; 2009, No. 462, § 9; 2009, No. 534, § 5.
Ark. Code Ann. § 23-81-205 — AR Code / Title 23 / Chapter 81 / Subchapter 2 / Section 23-81-205
Certain paid-up benefits
Status: in_force

Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of the anniversary shall be at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by this subchapter in the absence of the condition that premiums shall have been paid for at least a specified period. Acts 1959, No. 148, § 336; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.

Any paid-up nonforfeiture benefit available under the policy in the event of default in a premium payment due on any policy anniversary shall be such that its present value as of the anniversary shall be at least equal to the cash surrender value then provided for by the policy or, if none is provided for, that cash surrender value which would have been required by this subchapter in the absence of the condition that premiums shall have been paid for at least a specified period.

Acts 1959, No. 148, § 336; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.
Ark. Code Ann. § 23-68-112 — AR Code / Title 23 / Chapter 68 / Section 23-68-112
Order of conservation or liquidation - Foreign and alien insurers
Status: in_force

(a) An order to conserve the assets of a foreign or alien insurer shall require the Insurance Commissioner forthwith to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court. (b) An order to liquidate the assets in this state of a foreign insurer shall require the commissioner forthwith to take possession of the property of the insurer within this state and to liquidate it subject to the orders of the court and with due regard to the rights and powers of the domiciliary receiver, as provided in this chapter. Acts 1959, No. 148, § 650; A.S.A. 1947, § 66-4813.

(a) An order to conserve the assets of a foreign or alien insurer shall require the Insurance Commissioner forthwith to take possession of the property of the insurer within this state and to conserve it, subject to the further direction of the court.

(b) An order to liquidate the assets in this state of a foreign insurer shall require the commissioner forthwith to take possession of the property of the insurer within this state and to liquidate it subject to the orders of the court and with due regard to the rights and powers of the domiciliary receiver, as provided in this chapter.

Acts 1959, No. 148, § 650; A.S.A. 1947, § 66-4813.
Ark. Code Ann. § 23-63-1107 — AR Code / Title 23 / Chapter 63 / Subchapter 11 / Section 23-63-1107
Penalties
Status: in_force

(a) (1) If the Insurance Commissioner believes that the controlling producer or any other person has not materially complied with this subchapter, after notice and hearing, the commissioner may order the controlling producer to cease placing business with the controlled insurer. (2) If it is found that because of such material noncompliance the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief. (b) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to § 23-68-101 et seq., and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this subchapter, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer. (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the Arkansas Insurance Code. (d) Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties. Acts 1993, No. 526, § 1.

(a) (1) If the Insurance Commissioner believes that the controlling producer or any other person has not materially complied with this subchapter, after notice and hearing, the commissioner may order the controlling producer to cease placing business with the controlled insurer. (2) If it is found that because of such material noncompliance the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.

(1) If the Insurance Commissioner believes that the controlling producer or any other person has not materially complied with this subchapter, after notice and hearing, the commissioner may order the controlling producer to cease placing business with the controlled insurer.

(2) If it is found that because of such material noncompliance the controlled insurer or any policyholder thereof has suffered any loss or damage, the commissioner may maintain a civil action or intervene in an action brought by or on behalf of the insurer or policyholder for recovery of compensatory damages for the benefit of the insurer or policyholder or other appropriate relief.

(b) If an order for liquidation or rehabilitation of the controlled insurer has been entered pursuant to § 23-68-101 et seq., and the receiver appointed under that order believes that the controlling producer or any other person has not materially complied with this subchapter, and the insurer suffered any loss or damage therefrom, the receiver may maintain a civil action for recovery of damages or other appropriate sanctions for the benefit of the insurer.

(c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the Arkansas Insurance Code.

(d) Nothing contained in this section is intended to or shall in any manner alter or affect the rights of policyholders, claimants, creditors, or other third parties.

Acts 1993, No. 526, § 1.
Ark. Code Ann. § 23-35-802 — AR Code / Title 23 / Chapter 35 / Subchapter 8 / Section 23-35-802
Commission or compensation for sale of shares, grant of loans, etc
Status: in_force

No credit union shall pay or receive any commission or compensation for securing members, for the sale of its shares, or for the granting of loans to its members or to other credit unions except for loan origination fees which are specifically provided for in § 23-35-603 . Acts 1971, No. 132, § 6; 1979, No. 206, § 1; 1985, No. 936, § 4; A.S.A. 1947, § 67-906.

No credit union shall pay or receive any commission or compensation for securing members, for the sale of its shares, or for the granting of loans to its members or to other credit unions except for loan origination fees which are specifically provided for in § 23-35-603 .

Acts 1971, No. 132, § 6; 1979, No. 206, § 1; 1985, No. 936, § 4; A.S.A. 1947, § 67-906.
Ark. Code Ann. § 23-76-101 — AR Code / Title 23 / Chapter 76 / Section 23-76-101
Purpose
Status: in_force

(a) The General Assembly determines that health maintenance organizations, when properly regulated, encourage methods of treatment and controls over the quality of care which effectively contain costs and provide for continuous health care by undertaking responsibility for the provision, availability, and accessibility of services. (b) For this reason, and because the primary responsibility of a health maintenance organization lies in providing quality healthcare services on a prepaid basis without regard to the type and number of services actually rendered, rather than providing indemnification against the cost of the services, the General Assembly finds it necessary to provide a statutory framework for the establishment and continuing regulation of health maintenance organizations which is separate from the insurance laws of this state, except as otherwise provided in this chapter. Acts 1975, No. 454, § 1; A.S.A. 1947, § 66-5201.

(a) The General Assembly determines that health maintenance organizations, when properly regulated, encourage methods of treatment and controls over the quality of care which effectively contain costs and provide for continuous health care by undertaking responsibility for the provision, availability, and accessibility of services.

(b) For this reason, and because the primary responsibility of a health maintenance organization lies in providing quality healthcare services on a prepaid basis without regard to the type and number of services actually rendered, rather than providing indemnification against the cost of the services, the General Assembly finds it necessary to provide a statutory framework for the establishment and continuing regulation of health maintenance organizations which is separate from the insurance laws of this state, except as otherwise provided in this chapter.

Acts 1975, No. 454, § 1; A.S.A. 1947, § 66-5201.
Ark. Code Ann. § 23-2-113 — AR Code / Title 23 / Chapter 2 / Subchapter 1 / Section 23-2-113
Registration as lobbyist - Time limit for eligibility
Status: in_force

A member of the Arkansas Public Service Commission is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's service on the commission. Added by Act 2013, No. 486,§ 3, eff. 8/16/2013.

A member of the Arkansas Public Service Commission is not eligible to be registered as a lobbyist under § 21-8-601 et seq. until one (1) year after the expiration of the individual's service on the commission.

Added by Act 2013, No. 486,§ 3, eff. 8/16/2013.
Ark. Code Ann. § 23-101-101 — AR Code / Title 23 / Chapter 101 / Section 23-101-101
Purpose
Status: in_force

The purposes of this chapter are to: (1) Promote the public welfare by regulating creditor-placed insurance; (2) Create a legal framework within which creditor-placed insurance may be written in this state; and (3) Minimize unfair competitive practices in the sale of creditor-placed insurance. Acts 1997, No. 930, § 1; 2001, No. 580, § 25.

The purposes of this chapter are to:

(1) Promote the public welfare by regulating creditor-placed insurance;

(2) Create a legal framework within which creditor-placed insurance may be written in this state; and

(3) Minimize unfair competitive practices in the sale of creditor-placed insurance.

Acts 1997, No. 930, § 1; 2001, No. 580, § 25.
Ark. Code Ann. § 23-63-1902 — AR Code / Title 23 / Chapter 63 / Subchapter 19 / Section 23-63-1902
Definitions
Status: in_force

As used in this subchapter: (1) "Actuarial opinion summary" means a summary of the information supporting a statement of actuarial opinion; (2) "Appointed actuary" means the actuary appointed by a property and casualty insurance company to prepare a statement of actuarial opinion and an actuarial opinion summary; and (3) "Statement of actuarial opinion" means the actuarial opinion of an appointed actuary prepared in accordance with the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions. Acts 2009, No. 726, § 24.

As used in this subchapter:

(1) "Actuarial opinion summary" means a summary of the information supporting a statement of actuarial opinion;

(2) "Appointed actuary" means the actuary appointed by a property and casualty insurance company to prepare a statement of actuarial opinion and an actuarial opinion summary; and

(3) "Statement of actuarial opinion" means the actuarial opinion of an appointed actuary prepared in accordance with the appropriate National Association of Insurance Commissioners' Property and Casualty Annual Statement Instructions.

Acts 2009, No. 726, § 24.
Ark. Code Ann. § 23-2-416 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-416
Hearings - Separation or consolidation of complaints
Status: in_force

(a) The commission, in its discretion, when a complaint is made concerning more than one (1) rate, charge, or service, may order separate hearings thereon at such times as it may prescribe. (b) The commission may, for the purpose of a hearing, consolidate complaints when no injustice will arise from the consolidation. Acts 1935, No. 324, § 25; Pope's Dig., § 2088; A.S.A. 1947, § 73-224.

(a) The commission, in its discretion, when a complaint is made concerning more than one (1) rate, charge, or service, may order separate hearings thereon at such times as it may prescribe.

(b) The commission may, for the purpose of a hearing, consolidate complaints when no injustice will arise from the consolidation.

Acts 1935, No. 324, § 25; Pope's Dig., § 2088; A.S.A. 1947, § 73-224.
Ark. Code Ann. § 23-67-206 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-206
Exemptions
Status: in_force

(a) In a competitive market, property and casualty insurance for commercial risks, excluding workers' compensation, employers' liability, and professional liability insurance, including, but not limited to, medical malpractice insurance, are exempted from the rate filing and review provisions set forth in this chapter. (b) Risks or portions thereof which are not rated according to manuals, rating plans, or schedules including "a" rates, risks rated under the "referral to company" or "individual risk situations" rules, are exempted from the rate filing and review provisions set forth in this chapter. Insurers must maintain complete files on how they determined the rate for such risks and make these files available to the Insurance Commissioner upon request. (c) The commissioner, upon his or her own initiative or upon request of any person, by order, may exempt any market, segment, or line from any or all of the provisions of this chapter if and to the extent that he or she finds the exemption necessary to achieve the purposes of this chapter. Acts 1987, No. 959, § 17; 1999, No. 458, § 1.

(a) In a competitive market, property and casualty insurance for commercial risks, excluding workers' compensation, employers' liability, and professional liability insurance, including, but not limited to, medical malpractice insurance, are exempted from the rate filing and review provisions set forth in this chapter.

(b) Risks or portions thereof which are not rated according to manuals, rating plans, or schedules including "a" rates, risks rated under the "referral to company" or "individual risk situations" rules, are exempted from the rate filing and review provisions set forth in this chapter. Insurers must maintain complete files on how they determined the rate for such risks and make these files available to the Insurance Commissioner upon request.

(c) The commissioner, upon his or her own initiative or upon request of any person, by order, may exempt any market, segment, or line from any or all of the provisions of this chapter if and to the extent that he or she finds the exemption necessary to achieve the purposes of this chapter.

Acts 1987, No. 959, § 17; 1999, No. 458, § 1.
Ark. Code Ann. § 23-89-206 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-206
Retention of tort liability
Status: in_force

Tort liability arising from the ownership, maintenance, or use of a motor vehicle within this state is retained. Acts 1973, No. 138, § 5; A.S.A. 1947, § 66-4018.

Tort liability arising from the ownership, maintenance, or use of a motor vehicle within this state is retained.

Acts 1973, No. 138, § 5; A.S.A. 1947, § 66-4018.
Ark. Code Ann. § 23-64-203 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-203
Testing, emergency suspension, and records
Status: in_force

(a) The Insurance Commissioner shall prescribe the form and content of all examinations required by this chapter and shall include therein questions calculated to determine the applicant's knowledge of the laws of this state and the regulations of the commissioner relative to those areas of licensure. (b) Upon receipt of the notice from any insurance company pursuant to § 23-64-515(a) , if the commissioner determines after investigation that the dismissal was for any of the reasons described in § 23-64-512 , the commissioner shall immediately suspend the license of the licensee pending a hearing on the matter. (c) (1) The commissioner shall maintain information on each licensee in this state. A complete record of all information furnished the commissioner regarding the conduct of any licensee in this state shall be maintained for a reasonable period of time as determined by the commissioner. (2) If the commissioner receives information from any insurance company or from any other person about acts of fraud by a licensee, or about misrepresentations of the terms and provisions of any insurance policy by the licensee, the commissioner shall transmit that information plus any other information discovered in an investigation by the commissioner to the proper authorities for legal action against the agent as authorized by the laws of this state. (d) The provisions of this subsection shall be supplemental to and shall not repeal any existing laws on the same subject. Acts 1959, No. 148, § 154; 1967, No. 33, § 1; 1983, No. 522, § 12; 1983, No. 534, §§ 2, 4, 5; 1985, No. 307, § 1; A.S.A. 1947, §§ 66-2811, 66-2811.2, 66-2811.3, 66-2838; Acts 1987, No. 622, § 2; 1993, No. 901, §§ 17-20; 1997, No. 1004, § 1; 2001, No. 580, § 7.

(a) The Insurance Commissioner shall prescribe the form and content of all examinations required by this chapter and shall include therein questions calculated to determine the applicant's knowledge of the laws of this state and the regulations of the commissioner relative to those areas of licensure.

(b) Upon receipt of the notice from any insurance company pursuant to § 23-64-515(a) , if the commissioner determines after investigation that the dismissal was for any of the reasons described in § 23-64-512 , the commissioner shall immediately suspend the license of the licensee pending a hearing on the matter.

(c) (1) The commissioner shall maintain information on each licensee in this state. A complete record of all information furnished the commissioner regarding the conduct of any licensee in this state shall be maintained for a reasonable period of time as determined by the commissioner. (2) If the commissioner receives information from any insurance company or from any other person about acts of fraud by a licensee, or about misrepresentations of the terms and provisions of any insurance policy by the licensee, the commissioner shall transmit that information plus any other information discovered in an investigation by the commissioner to the proper authorities for legal action against the agent as authorized by the laws of this state.

(1) The commissioner shall maintain information on each licensee in this state. A complete record of all information furnished the commissioner regarding the conduct of any licensee in this state shall be maintained for a reasonable period of time as determined by the commissioner.

(2) If the commissioner receives information from any insurance company or from any other person about acts of fraud by a licensee, or about misrepresentations of the terms and provisions of any insurance policy by the licensee, the commissioner shall transmit that information plus any other information discovered in an investigation by the commissioner to the proper authorities for legal action against the agent as authorized by the laws of this state.

(d) The provisions of this subsection shall be supplemental to and shall not repeal any existing laws on the same subject.

Acts 1959, No. 148, § 154; 1967, No. 33, § 1; 1983, No. 522, § 12; 1983, No. 534, §§ 2, 4, 5; 1985, No. 307, § 1; A.S.A. 1947, §§ 66-2811, 66-2811.2, 66-2811.3, 66-2838; Acts 1987, No. 622, § 2; 1993, No. 901, §§ 17-20; 1997, No. 1004, § 1; 2001, No. 580, § 7.
Ark. Code Ann. § 23-49-115 — AR Code / Title 23 / Chapter 49 / Section 23-49-115
Notice concerning safekeeping and safe-deposit boxes
Status: in_force

(a) (1) The receiver shall cause notice to be mailed to the last address of record to the owners of any personal property in the possession of or held by a closed institution for safekeeping, and to all lessees of safe-deposit boxes. (2) The notice shall require the intended recipients to appear and assert their claims to the property within sixty (60) days from the date of the notice. (b) Subject to approval of the circuit court, the receiver shall make such agreements or arrangements as may be necessary for the disposition of property held by the closed institution for safekeeping and the contents of safe-deposit boxes, and for the termination of any leases or other contracts relating to the property or contents. Acts 1997, No. 89, § 1.

(a) (1) The receiver shall cause notice to be mailed to the last address of record to the owners of any personal property in the possession of or held by a closed institution for safekeeping, and to all lessees of safe-deposit boxes. (2) The notice shall require the intended recipients to appear and assert their claims to the property within sixty (60) days from the date of the notice.

(1) The receiver shall cause notice to be mailed to the last address of record to the owners of any personal property in the possession of or held by a closed institution for safekeeping, and to all lessees of safe-deposit boxes.

(2) The notice shall require the intended recipients to appear and assert their claims to the property within sixty (60) days from the date of the notice.

(b) Subject to approval of the circuit court, the receiver shall make such agreements or arrangements as may be necessary for the disposition of property held by the closed institution for safekeeping and the contents of safe-deposit boxes, and for the termination of any leases or other contracts relating to the property or contents.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-63-614 — AR Code / Title 23 / Chapter 63 / Subchapter 6 / Section 23-63-614
Domestic title insurance and aviation title insurance reserves
Status: in_force

(a) In addition to an adequate reserve as to outstanding losses, a domestic title insurer shall maintain its own guaranty fund or unearned premium reserve of no less than ten percent (10%) of the total amount of the risk premium written in the calendar year for title insurance contracts, which shall be assigned originally to the reserve. (b) (1) During each of the twenty (20) years after the year in which a title insurance contract was issued, the reserve applicable to the contract may be reduced by five percent (5%) of the original amount of the reserve. (2) This section does not apply to foreign or alien title or aviation title insurers licensed in this state. Acts 2003, No. 1787, § 1.

(a) In addition to an adequate reserve as to outstanding losses, a domestic title insurer shall maintain its own guaranty fund or unearned premium reserve of no less than ten percent (10%) of the total amount of the risk premium written in the calendar year for title insurance contracts, which shall be assigned originally to the reserve.

(b) (1) During each of the twenty (20) years after the year in which a title insurance contract was issued, the reserve applicable to the contract may be reduced by five percent (5%) of the original amount of the reserve. (2) This section does not apply to foreign or alien title or aviation title insurers licensed in this state.

(1) During each of the twenty (20) years after the year in which a title insurance contract was issued, the reserve applicable to the contract may be reduced by five percent (5%) of the original amount of the reserve.

(2) This section does not apply to foreign or alien title or aviation title insurers licensed in this state.

Acts 2003, No. 1787, § 1.
Ark. Code Ann. § 23-112-312 — AR Code / Title 23 / Chapter 112 / Subchapter 3 / Section 23-112-312
License reciprocity with other states
Status: in_force

(a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules promulgated by the Arkansas Motor Vehicle Commission. (b) Any person who is licensed under the laws of another state or territory of the United States to engage in business as a motor vehicle dealer may apply for a temporary permit in this state upon production of satisfactory proof that: (1) The requirements for licensing in the particular state or territory were equivalent to the requirements in effect in this state at the date of the applicant's licensing; (2) The applicant meets all the qualifications for the temporary permit and pays the fees specified for the permits pursuant to the rules of the Arkansas Motor Vehicle Commission; and (3) The applicant meets other reasonable qualifications as may be adopted by the Arkansas Motor Vehicle Commission. Acts 1997, No. 1154, § 1; 2007, No. 235, § 2.

(a) The Arkansas Motor Vehicle Commission may enter into reciprocal agreements with motor vehicle commissions or their equivalents in other states to allow motor vehicle dealers who are licensed in those states to obtain a temporary permit in this state, pursuant to the rules promulgated by the Arkansas Motor Vehicle Commission.

(b) Any person who is licensed under the laws of another state or territory of the United States to engage in business as a motor vehicle dealer may apply for a temporary permit in this state upon production of satisfactory proof that: (1) The requirements for licensing in the particular state or territory were equivalent to the requirements in effect in this state at the date of the applicant's licensing; (2) The applicant meets all the qualifications for the temporary permit and pays the fees specified for the permits pursuant to the rules of the Arkansas Motor Vehicle Commission; and (3) The applicant meets other reasonable qualifications as may be adopted by the Arkansas Motor Vehicle Commission.

(1) The requirements for licensing in the particular state or territory were equivalent to the requirements in effect in this state at the date of the applicant's licensing;

(2) The applicant meets all the qualifications for the temporary permit and pays the fees specified for the permits pursuant to the rules of the Arkansas Motor Vehicle Commission; and

(3) The applicant meets other reasonable qualifications as may be adopted by the Arkansas Motor Vehicle Commission.

Acts 1997, No. 1154, § 1; 2007, No. 235, § 2.
Ark. Code Ann. § 23-4-615 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-615
Railroads - Sleeping car tariffs
Status: in_force

The Arkansas Department of Transportation is authorized and it is its duty to adopt, change, or make reasonable and just rates, charges, and regulations to govern and regulate sleeping car tariffs and service in order to correct abuses and prevent unjust discrimination and extortion in the rates for sleeping cars. Amended by Act 2017, No. 707,§ 118, eff. 8/1/2017. Acts 1907, No. 422, § 4, p. 1137; C. & M. Dig., § 1634; Pope's Dig., § 1955; A.S.A. 1947, § 73-1413.

The Arkansas Department of Transportation is authorized and it is its duty to adopt, change, or make reasonable and just rates, charges, and regulations to govern and regulate sleeping car tariffs and service in order to correct abuses and prevent unjust discrimination and extortion in the rates for sleeping cars.

Amended by Act 2017, No. 707,§ 118, eff. 8/1/2017.

Acts 1907, No. 422, § 4, p. 1137; C. & M. Dig., § 1634; Pope's Dig., § 1955; A.S.A. 1947, § 73-1413.
Ark. Code Ann. § 23-55-403 — AR Code / Title 23 / Chapter 55 / Section 23-55-403
Issuance of license
Status: in_force

(a) When an application for a license is made under this article, the commissioner shall investigate the applicant's financial condition and responsibility, financial and business experience, character, and general fitness. The commissioner may conduct an on-site investigation of the applicant, the reasonable cost of which the applicant must pay. The commissioner shall issue a license to an applicant under this article if the commissioner finds that all of the following conditions have been fulfilled: (1) the applicant has complied with § 23-55-402 ; and (2) the financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant; and the competence, experience, character, and general fitness of the executive officers, managers, directors, and persons in control of, the applicant indicate that it is in the interest of the public to permit the applicant to engage in currency exchange. (b) When an application for an original license under this article is complete, the commissioner shall promptly notify the applicant in a record of the date on which the application was determined to be complete and: (1) the commissioner shall approve or deny the application within 120 days after that date; or (2) if the application is not approved or denied within 120 days after that date: (A) the application is deemed approved; and (B) the commissioner shall issue the license under this article, to take effect as of the first business day after expiration of the period. (c) The commissioner may for good cause extend the application period. (d) An applicant whose application is denied a license by the commissioner under this article may appeal, within 30 days after receipt of the notice of the denial, from the denial and request a hearing. (e) A license issued under this chapter expires at the close of business on December 31 of the calendar year unless the license is: (1) renewed according to this chapter; (2) surrendered by the license holder; (3) suspended; or (4) revoked by the commissioner. Amended by Act 2019, No. 111,§ 6, eff. 7/24/2019. Acts 2007, No. 1595, § 1; 2009, No. 164, § 13; 2011, No. 733, § 8.

(a) When an application for a license is made under this article, the commissioner shall investigate the applicant's financial condition and responsibility, financial and business experience, character, and general fitness. The commissioner may conduct an on-site investigation of the applicant, the reasonable cost of which the applicant must pay. The commissioner shall issue a license to an applicant under this article if the commissioner finds that all of the following conditions have been fulfilled: (1) the applicant has complied with § 23-55-402 ; and (2) the financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant; and the competence, experience, character, and general fitness of the executive officers, managers, directors, and persons in control of, the applicant indicate that it is in the interest of the public to permit the applicant to engage in currency exchange.

(1) the applicant has complied with § 23-55-402 ; and

(2) the financial condition and responsibility, financial and business experience, competence, character, and general fitness of the applicant; and the competence, experience, character, and general fitness of the executive officers, managers, directors, and persons in control of, the applicant indicate that it is in the interest of the public to permit the applicant to engage in currency exchange.

(b) When an application for an original license under this article is complete, the commissioner shall promptly notify the applicant in a record of the date on which the application was determined to be complete and: (1) the commissioner shall approve or deny the application within 120 days after that date; or (2) if the application is not approved or denied within 120 days after that date: (A) the application is deemed approved; and (B) the commissioner shall issue the license under this article, to take effect as of the first business day after expiration of the period.

(1) the commissioner shall approve or deny the application within 120 days after that date; or

(2) if the application is not approved or denied within 120 days after that date: (A) the application is deemed approved; and (B) the commissioner shall issue the license under this article, to take effect as of the first business day after expiration of the period.

(A) the application is deemed approved; and

(B) the commissioner shall issue the license under this article, to take effect as of the first business day after expiration of the period.

(c) The commissioner may for good cause extend the application period.

(d) An applicant whose application is denied a license by the commissioner under this article may appeal, within 30 days after receipt of the notice of the denial, from the denial and request a hearing.

(e) A license issued under this chapter expires at the close of business on December 31 of the calendar year unless the license is: (1) renewed according to this chapter; (2) surrendered by the license holder; (3) suspended; or (4) revoked by the commissioner.

(1) renewed according to this chapter;

(2) surrendered by the license holder;

(3) suspended; or

(4) revoked by the commissioner.

Amended by Act 2019, No. 111,§ 6, eff. 7/24/2019.

Acts 2007, No. 1595, § 1; 2009, No. 164, § 13; 2011, No. 733, § 8.
Ark. Code Ann. § 23-64-610 — AR Code / Title 23 / Chapter 64 / Subchapter 6 / Section 23-64-610
[See Note] Prohibited activities
Status: in_force

(a) Except for a certified licensed producer, a licensee shall not: (1) Receive compensation directly or indirectly from any health insurer; (2) Engage in an activity that requires licensing as a residential insurance producer under the Producer Licensing Model Act, § 23-64-501 et seq.; or (3) Recommend a particular plan or advise consumers about which plan to choose. (b) A licensee shall not engage in improper conduct, commit fraud, or violate marketplace and consumer protection requirements of this state. Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..

(a) Except for a certified licensed producer, a licensee shall not: (1) Receive compensation directly or indirectly from any health insurer; (2) Engage in an activity that requires licensing as a residential insurance producer under the Producer Licensing Model Act, § 23-64-501 et seq.; or (3) Recommend a particular plan or advise consumers about which plan to choose.

(1) Receive compensation directly or indirectly from any health insurer;

(2) Engage in an activity that requires licensing as a residential insurance producer under the Producer Licensing Model Act, § 23-64-501 et seq.; or

(3) Recommend a particular plan or advise consumers about which plan to choose.

(b) A licensee shall not engage in improper conduct, commit fraud, or violate marketplace and consumer protection requirements of this state.

Added by Act 2013, No. 1439,§ 1, eff. when (1) The United States Department of Health and Human Services or other responsible federal agency or federal official notifies the Governor, the Insurance Commissioner, or other responsible state agency or state official pursuant to the federal healthcare laws established by Pub. L. No. 111-148, as amended by Pub. L. No. 111-152, and any amendments thereto, or regulations or guidance issued under those federal statutes; or (2) A health insurance marketplace is initiated and is operable in this state..
Ark. Code Ann. § 23-79-2105 — AR Code / Title 23 / Chapter 79 / Subchapter 21 / Section 23-79-2105
Applicability
Status: in_force

This subchapter applies to a group health benefit plan or offered in connection with a group health plan that provides coverage of a prescription drug under a policy that meets the definition of a medication step therapy protocol whether or not the policy is described as a step therapy protocol. Added by Act 2021, No. 97,§ 2, eff. 1/1/2022.

This subchapter applies to a group health benefit plan or offered in connection with a group health plan that provides coverage of a prescription drug under a policy that meets the definition of a medication step therapy protocol whether or not the policy is described as a step therapy protocol.

Added by Act 2021, No. 97,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 23-75-114 — AR Code / Title 23 / Chapter 75 / Section 23-75-114
Annual report - Examination
Status: in_force

(a) (1) Not later than March 1 of each year, every corporation shall file with the Insurance Commissioner a statement sworn to by at least two (2) of its principal officers, showing its condition on the last day of the next preceding calendar year. (2) In accordance with the specifications applicable to annual financial reports, each licensed hospital or medical service corporation shall prepare and file with the commissioner a quarterly financial report on forms and at such times as the commissioner shall prescribe. The quarterly statement shall be verified by the officers of the corporation. (b) (1) The commissioner may appoint an examiner, deputy examiner, or other person to examine into the affairs of the corporation. The person: (A) Shall have the power of visitation and examination; (B) Shall have and must be given free access to all the books, papers, and documents relating to the business of the corporation; and (C) May summon the officers, agents, or employees thereof or any other persons and require them to testify under oath concerning the affairs, transactions, and condition of the corporation. (2) An examination shall be conducted at least every three (3) years. (3) (A) The cost of any examination and audit shall be paid by the corporation. (B) All costs shall be paid upon the completion of the examination. Acts 1959, No. 148, § 681; A.S.A. 1947, § 66-4911; Acts 2001, No. 1604, § 76.

(a) (1) Not later than March 1 of each year, every corporation shall file with the Insurance Commissioner a statement sworn to by at least two (2) of its principal officers, showing its condition on the last day of the next preceding calendar year. (2) In accordance with the specifications applicable to annual financial reports, each licensed hospital or medical service corporation shall prepare and file with the commissioner a quarterly financial report on forms and at such times as the commissioner shall prescribe. The quarterly statement shall be verified by the officers of the corporation.

(1) Not later than March 1 of each year, every corporation shall file with the Insurance Commissioner a statement sworn to by at least two (2) of its principal officers, showing its condition on the last day of the next preceding calendar year.

(2) In accordance with the specifications applicable to annual financial reports, each licensed hospital or medical service corporation shall prepare and file with the commissioner a quarterly financial report on forms and at such times as the commissioner shall prescribe. The quarterly statement shall be verified by the officers of the corporation.

(b) (1) The commissioner may appoint an examiner, deputy examiner, or other person to examine into the affairs of the corporation. The person: (A) Shall have the power of visitation and examination; (B) Shall have and must be given free access to all the books, papers, and documents relating to the business of the corporation; and (C) May summon the officers, agents, or employees thereof or any other persons and require them to testify under oath concerning the affairs, transactions, and condition of the corporation. (2) An examination shall be conducted at least every three (3) years. (3) (A) The cost of any examination and audit shall be paid by the corporation. (B) All costs shall be paid upon the completion of the examination.

(1) The commissioner may appoint an examiner, deputy examiner, or other person to examine into the affairs of the corporation. The person: (A) Shall have the power of visitation and examination; (B) Shall have and must be given free access to all the books, papers, and documents relating to the business of the corporation; and (C) May summon the officers, agents, or employees thereof or any other persons and require them to testify under oath concerning the affairs, transactions, and condition of the corporation.

(A) Shall have the power of visitation and examination;

(B) Shall have and must be given free access to all the books, papers, and documents relating to the business of the corporation; and

(C) May summon the officers, agents, or employees thereof or any other persons and require them to testify under oath concerning the affairs, transactions, and condition of the corporation.

(2) An examination shall be conducted at least every three (3) years.

(3) (A) The cost of any examination and audit shall be paid by the corporation. (B) All costs shall be paid upon the completion of the examination.

(A) The cost of any examination and audit shall be paid by the corporation.

(B) All costs shall be paid upon the completion of the examination.

Acts 1959, No. 148, § 681; A.S.A. 1947, § 66-4911; Acts 2001, No. 1604, § 76.
Ark. Code Ann. § 23-18-601 — AR Code / Title 23 / Chapter 18 / Subchapter 6 / Section 23-18-601
Title
Status: in_force

This subchapter shall be known and cited as the "Arkansas Cost-Shifting Prevention Act of 2023". Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023. Acts 2001, No. 1781, § 1.

This subchapter shall be known and cited as the "Arkansas Cost-Shifting Prevention Act of 2023".

Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023.

Acts 2001, No. 1781, § 1.
Ark. Code Ann. § 23-79-152 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-152
Cancellation, increase in premium, and negative risk rating prohibited when insured not at fault
Status: in_force

(a) Except as provided in subsection (c) of this section, when a person is innocent of any negligent or intentional act that was the proximate cause of an accident or injury whether or not a claim is filed under any policy or contract of insurance, no insurer authorized to transact the business of motor vehicle liability insurance in this state shall solely as a result of the accident or injury: (1) Cancel the person's insurance policy or contract; (2) Increase the premium during the term or upon renewal of the person's insurance policy or contract; or (3) Lower or otherwise negatively impact the risk rating of the person. (b) Any insurer that violates the provisions of this section shall be subject to the procedure and penalties provided under the Trade Practices Act, § 23-66-201 et seq. (c) Nothing in this section shall prevent an insurer from canceling, not renewing, or revising the rating of an insurance policy if the insurer is otherwise permitted to do so by statute or rule. Amended by Act 2019, No. 315,§ 2710, eff. 7/24/2019. Acts 2005, No. 1194, § 1.

(a) Except as provided in subsection (c) of this section, when a person is innocent of any negligent or intentional act that was the proximate cause of an accident or injury whether or not a claim is filed under any policy or contract of insurance, no insurer authorized to transact the business of motor vehicle liability insurance in this state shall solely as a result of the accident or injury: (1) Cancel the person's insurance policy or contract; (2) Increase the premium during the term or upon renewal of the person's insurance policy or contract; or (3) Lower or otherwise negatively impact the risk rating of the person.

(1) Cancel the person's insurance policy or contract;

(2) Increase the premium during the term or upon renewal of the person's insurance policy or contract; or

(3) Lower or otherwise negatively impact the risk rating of the person.

(b) Any insurer that violates the provisions of this section shall be subject to the procedure and penalties provided under the Trade Practices Act, § 23-66-201 et seq.

(c) Nothing in this section shall prevent an insurer from canceling, not renewing, or revising the rating of an insurance policy if the insurer is otherwise permitted to do so by statute or rule.

Amended by Act 2019, No. 315,§ 2710, eff. 7/24/2019.

Acts 2005, No. 1194, § 1.
Ark. Code Ann. § 23-4-1106 — AR Code / Title 23 / Chapter 4 / Subchapter 11 / Section 23-4-1106
Limitation on increase in rates
Status: in_force

The generation and transmission cooperative shall not increase its rates and charges under this subchapter by an aggregate total of more than eight percent (8%) during any twenty-four-month period. Acts 2009, No. 676, § 1.

The generation and transmission cooperative shall not increase its rates and charges under this subchapter by an aggregate total of more than eight percent (8%) during any twenty-four-month period.

Acts 2009, No. 676, § 1.
Ark. Code Ann. § 23-81-115 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-115
Life insurance - Limitation of liability
Status: in_force

(a) No policy of life insurance shall be delivered or issued for delivery in this state if it contains any of the following provisions: (1) A provision for a period shorter than that provided by statute within which an action at law or in equity may be commenced on such a policy; (2) A provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified therein in the event of death under any one (1) or more of the following circumstances: (A) Death as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces, or of any act or hazard of the war or action, or of service in the military, naval, or air forces or in civilian forces auxiliary thereto, or from any cause while a member of the military, naval, or air forces of any country at war, declared or undeclared, or of any country engaged in the military action; (B) Death as a result of aviation or any air travel or flight; (C) Death as a result of a specified hazardous occupation or occupations; (D) Death while the insured is a resident outside the continental United States and Canada; or (E) Death within two (2) years from the date of issue of the policy or within two (2) years of the effective date of any increase in the face amount of the policy as a result of suicide, while sane or insane. However, the parts of this subdivision (a)(2)(E) applicable to increases in the face amount of the policy shall apply only to the additional amount. (b) A policy which contains any exclusion or restriction pursuant to subsection (a) of this section shall also provide that in the event of death under the circumstances to which any exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the Insurance Commissioner's reserve valuation method upon the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits, or if the policy provides for no such benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy, with adjustment for indebtedness or dividend credit. (c) This section shall not apply to group life insurance, disability insurance, reinsurance, or annuities, or to any provision in a life insurance policy relating to disability benefits or to additional benefits in the event of death by accident or accidental means. (d) Nothing contained in this section shall prohibit any provision which, in the opinion of the commissioner, is more favorable to the policyholder than a provision permitted by this section. Acts 1959, No. 148, § 332; 1983, No. 522, § 46; A.S.A. 1947, § 66-3323.

(a) No policy of life insurance shall be delivered or issued for delivery in this state if it contains any of the following provisions: (1) A provision for a period shorter than that provided by statute within which an action at law or in equity may be commenced on such a policy; (2) A provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified therein in the event of death under any one (1) or more of the following circumstances: (A) Death as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces, or of any act or hazard of the war or action, or of service in the military, naval, or air forces or in civilian forces auxiliary thereto, or from any cause while a member of the military, naval, or air forces of any country at war, declared or undeclared, or of any country engaged in the military action; (B) Death as a result of aviation or any air travel or flight; (C) Death as a result of a specified hazardous occupation or occupations; (D) Death while the insured is a resident outside the continental United States and Canada; or (E) Death within two (2) years from the date of issue of the policy or within two (2) years of the effective date of any increase in the face amount of the policy as a result of suicide, while sane or insane. However, the parts of this subdivision (a)(2)(E) applicable to increases in the face amount of the policy shall apply only to the additional amount.

(1) A provision for a period shorter than that provided by statute within which an action at law or in equity may be commenced on such a policy;

(2) A provision which excludes or restricts liability for death caused in a certain specified manner or occurring while the insured has a specified status, except that a policy may contain provisions excluding or restricting coverage as specified therein in the event of death under any one (1) or more of the following circumstances: (A) Death as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces, or of any act or hazard of the war or action, or of service in the military, naval, or air forces or in civilian forces auxiliary thereto, or from any cause while a member of the military, naval, or air forces of any country at war, declared or undeclared, or of any country engaged in the military action; (B) Death as a result of aviation or any air travel or flight; (C) Death as a result of a specified hazardous occupation or occupations; (D) Death while the insured is a resident outside the continental United States and Canada; or (E) Death within two (2) years from the date of issue of the policy or within two (2) years of the effective date of any increase in the face amount of the policy as a result of suicide, while sane or insane. However, the parts of this subdivision (a)(2)(E) applicable to increases in the face amount of the policy shall apply only to the additional amount.

(A) Death as a result, directly or indirectly, of war, declared or undeclared, or of action by military forces, or of any act or hazard of the war or action, or of service in the military, naval, or air forces or in civilian forces auxiliary thereto, or from any cause while a member of the military, naval, or air forces of any country at war, declared or undeclared, or of any country engaged in the military action;

(B) Death as a result of aviation or any air travel or flight;

(C) Death as a result of a specified hazardous occupation or occupations;

(D) Death while the insured is a resident outside the continental United States and Canada; or

(E) Death within two (2) years from the date of issue of the policy or within two (2) years of the effective date of any increase in the face amount of the policy as a result of suicide, while sane or insane. However, the parts of this subdivision (a)(2)(E) applicable to increases in the face amount of the policy shall apply only to the additional amount.

(b) A policy which contains any exclusion or restriction pursuant to subsection (a) of this section shall also provide that in the event of death under the circumstances to which any exclusion or restriction is applicable, the insurer will pay an amount not less than a reserve determined according to the Insurance Commissioner's reserve valuation method upon the basis of the mortality table and interest rate specified in the policy for the calculation of nonforfeiture benefits, or if the policy provides for no such benefits, computed according to a mortality table and interest rate determined by the insurer and specified in the policy, with adjustment for indebtedness or dividend credit.

(c) This section shall not apply to group life insurance, disability insurance, reinsurance, or annuities, or to any provision in a life insurance policy relating to disability benefits or to additional benefits in the event of death by accident or accidental means.

(d) Nothing contained in this section shall prohibit any provision which, in the opinion of the commissioner, is more favorable to the policyholder than a provision permitted by this section.

Acts 1959, No. 148, § 332; 1983, No. 522, § 46; A.S.A. 1947, § 66-3323.
Ark. Code Ann. § 23-18-807 — AR Code / Title 23 / Chapter 18 / Subchapter 8 / Section 23-18-807
Reliability of electric systems maintained
Status: in_force

(a) An electric utility that installs or operates or permits the installation or operation of a broadband system on its electric delivery system shall employ all reasonable measures to ensure that the operation of the broadband system does not interfere with or diminish the reliability of the electric utility's electric delivery system. (b) If a disruption in the provision of electric service occurs, the electric utility shall be governed by the terms and conditions of the retail electric delivery service tariff. (c) The provision of broadband services shall be at all times secondary to the reliable provision of electric delivery services. Acts 2007, No. 739, § 1.

(a) An electric utility that installs or operates or permits the installation or operation of a broadband system on its electric delivery system shall employ all reasonable measures to ensure that the operation of the broadband system does not interfere with or diminish the reliability of the electric utility's electric delivery system.

(b) If a disruption in the provision of electric service occurs, the electric utility shall be governed by the terms and conditions of the retail electric delivery service tariff.

(c) The provision of broadband services shall be at all times secondary to the reliable provision of electric delivery services.

Acts 2007, No. 739, § 1.
Ark. Code Ann. § 23-66-315 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-315
Confidential information
Status: in_force

(a) (1) When a borrower is required to maintain insurance and to furnish evidence of the insurance to a depository institution, an affiliate of a depository institution, creditor, mortgagee, assignee, or lender as a condition for obtaining or keeping the loan, the lender, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or parties, directly or indirectly, information with respect to the expiration dates of the insurance or other insurance policy information so as to enable any person or party to solicit the insurance or any renewal thereof, without first obtaining the written consent of the policyholder for such a disclosure to be made. (2) Nor shall any other person or party request the disclosure of the information, so as to facilitate solicitations of the insurance or any renewal thereof, without first obtaining the written consent of the policyholder. (3) Nor shall any lender, mortgagee, assignee, or creditor use any of the information contained in a policy of insurance for the purpose of soliciting insurance business with respect to the insured real property from the borrower. (b) These prohibitions do not apply to disclosure of insurance information of a customer to any officer, director, employee, agent, or affiliate of the depository institution for the purpose of soliciting or selling insurance or when the depository institution, an affiliate of a depository institution, lender, mortgagee, assignee, or creditor has been advised in writing by the insurer or its agent that the insurance on the property will be cancelled or will not be renewed. (c) Willful violation of this section by any depository institution, an affiliate of a depository institution, lender, mortgagee, assignee, or creditor or by any other person or party who may request the disclosure of the information from the lender, mortgagee, assignee, or creditor shall be punishable as a Class C misdemeanor. Acts 1979, No. 388, §§ 1-3; A.S.A. 1947, §§ 66-3021.1 -- 66-3021.3; Acts 2001, No. 1728, § 2.

(a) (1) When a borrower is required to maintain insurance and to furnish evidence of the insurance to a depository institution, an affiliate of a depository institution, creditor, mortgagee, assignee, or lender as a condition for obtaining or keeping the loan, the lender, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or parties, directly or indirectly, information with respect to the expiration dates of the insurance or other insurance policy information so as to enable any person or party to solicit the insurance or any renewal thereof, without first obtaining the written consent of the policyholder for such a disclosure to be made. (2) Nor shall any other person or party request the disclosure of the information, so as to facilitate solicitations of the insurance or any renewal thereof, without first obtaining the written consent of the policyholder. (3) Nor shall any lender, mortgagee, assignee, or creditor use any of the information contained in a policy of insurance for the purpose of soliciting insurance business with respect to the insured real property from the borrower.

(1) When a borrower is required to maintain insurance and to furnish evidence of the insurance to a depository institution, an affiliate of a depository institution, creditor, mortgagee, assignee, or lender as a condition for obtaining or keeping the loan, the lender, mortgagee, assignee, or creditor is prohibited from disclosing to other persons or parties, directly or indirectly, information with respect to the expiration dates of the insurance or other insurance policy information so as to enable any person or party to solicit the insurance or any renewal thereof, without first obtaining the written consent of the policyholder for such a disclosure to be made.

(2) Nor shall any other person or party request the disclosure of the information, so as to facilitate solicitations of the insurance or any renewal thereof, without first obtaining the written consent of the policyholder.

(3) Nor shall any lender, mortgagee, assignee, or creditor use any of the information contained in a policy of insurance for the purpose of soliciting insurance business with respect to the insured real property from the borrower.

(b) These prohibitions do not apply to disclosure of insurance information of a customer to any officer, director, employee, agent, or affiliate of the depository institution for the purpose of soliciting or selling insurance or when the depository institution, an affiliate of a depository institution, lender, mortgagee, assignee, or creditor has been advised in writing by the insurer or its agent that the insurance on the property will be cancelled or will not be renewed.

(c) Willful violation of this section by any depository institution, an affiliate of a depository institution, lender, mortgagee, assignee, or creditor or by any other person or party who may request the disclosure of the information from the lender, mortgagee, assignee, or creditor shall be punishable as a Class C misdemeanor.

Acts 1979, No. 388, §§ 1-3; A.S.A. 1947, §§ 66-3021.1 -- 66-3021.3; Acts 2001, No. 1728, § 2.
Ark. Code Ann. § 23-13-104 — AR Code / Title 23 / Chapter 13 / Subchapter 1 / Section 23-13-104
Notice of cancellation or termination of insurance policy on leased motor vehicles
Status: in_force

Prior to the cancellation or termination of any liability, cargo, or property and casualty insurance policies issued on leased motor carriers, particularly motor carriers using tractor-trailor rigs, notice of the cancellation or termination shall be mailed or delivered by the insurer to the named insured, to any lienholder or loss payee named in the policy, and to any lessee registered with the insurer. Acts 1989, No. 646, § 1.

Prior to the cancellation or termination of any liability, cargo, or property and casualty insurance policies issued on leased motor carriers, particularly motor carriers using tractor-trailor rigs, notice of the cancellation or termination shall be mailed or delivered by the insurer to the named insured, to any lienholder or loss payee named in the policy, and to any lessee registered with the insurer.

Acts 1989, No. 646, § 1.
Ark. Code Ann. § 23-49-110 — AR Code / Title 23 / Chapter 49 / Section 23-49-110
Claims filed after 180-day claim period
Status: in_force

Any claims filed after the one-hundred-eighty-day claim period prescribed by § 23-49-109 and subsequently accepted by the receiver or allowed by the circuit court shall be entitled to share in the distribution of assets only to the extent of the undistributed assets in the hands of the receiver on the date the claims are accepted or allowed. Acts 1997, No. 89, § 1.

Any claims filed after the one-hundred-eighty-day claim period prescribed by § 23-49-109 and subsequently accepted by the receiver or allowed by the circuit court shall be entitled to share in the distribution of assets only to the extent of the undistributed assets in the hands of the receiver on the date the claims are accepted or allowed.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-86-403 — AR Code / Title 23 / Chapter 86 / Subchapter 4 / Section 23-86-403
Definitions
Status: in_force

As used in this subchapter: (1) "Benefit level" means an obligation of the health maintenance organization or insurance company under its health benefit plan. The benefit level is actuarially determined considering the copayments, deductibles, and dollar limits of the health benefit plan; (2) "Covered healthcare services" means services rendered or products sold by a healthcare provider within the scope of the healthcare provider's license which are covered by a health benefit plan. The term may include hospital, medical, surgical, dental, vision, and pharmaceutical services or products; (3) "Covered person" means any person on whose behalf a health maintenance organization is obligated to make arrangements for or pay for covered healthcare service; (4) "Health benefit plan" means the agreement between an employer, association, state, county, or municipal agency and a health maintenance organization or insurance company which defines the covered services available; (5) "Healthcare provider" means a hospital, an ambulatory surgery center, an outpatient psychiatric center, a home healthcare agency, a skilled nursing facility, or an individual licensed to render covered healthcare services; (6) "Limited network plan" means a plan that arranges for or provides reimbursement for covered healthcare services to covered persons through a limited number of healthcare providers selected and employed or contracted by the health maintenance organization; and (7) "Point-of-service plan" means a plan that provides payment of nonemergency, self-referred covered healthcare services obtained from healthcare providers who are not otherwise employed by nor under contract with the health maintenance organization. Acts 1999, No. 1469, § 3.

As used in this subchapter:

(1) "Benefit level" means an obligation of the health maintenance organization or insurance company under its health benefit plan. The benefit level is actuarially determined considering the copayments, deductibles, and dollar limits of the health benefit plan;

(2) "Covered healthcare services" means services rendered or products sold by a healthcare provider within the scope of the healthcare provider's license which are covered by a health benefit plan. The term may include hospital, medical, surgical, dental, vision, and pharmaceutical services or products;

(3) "Covered person" means any person on whose behalf a health maintenance organization is obligated to make arrangements for or pay for covered healthcare service;

(4) "Health benefit plan" means the agreement between an employer, association, state, county, or municipal agency and a health maintenance organization or insurance company which defines the covered services available;

(5) "Healthcare provider" means a hospital, an ambulatory surgery center, an outpatient psychiatric center, a home healthcare agency, a skilled nursing facility, or an individual licensed to render covered healthcare services;

(6) "Limited network plan" means a plan that arranges for or provides reimbursement for covered healthcare services to covered persons through a limited number of healthcare providers selected and employed or contracted by the health maintenance organization; and

(7) "Point-of-service plan" means a plan that provides payment of nonemergency, self-referred covered healthcare services obtained from healthcare providers who are not otherwise employed by nor under contract with the health maintenance organization.

Acts 1999, No. 1469, § 3.
Ark. Code Ann. § 23-61-701 — AR Code / Title 23 / Chapter 61 / Subchapter 7 / Section 23-61-701
Title
Status: in_force

This subchapter shall be known as the "State Insurance Department Trust Fund Act". Acts 1993, No. 652, § 1.

This subchapter shall be known as the "State Insurance Department Trust Fund Act".

Acts 1993, No. 652, § 1.
Ark. Code Ann. § 23-99-1005 — AR Code / Title 23 / Chapter 99 / Subchapter 10 / Section 23-99-1005
Rules - Enforcement - Effective date
Status: in_force

(a) The State Insurance Department shall develop and promulgate rules for the implementation and administration of this subchapter. (b) The Insurance Commissioner shall enforce this subchapter and may seek injunctive relief for violations of this subchapter. (c) This subchapter is applicable to a vision benefit plan or contract issued, renewed, or recredentialed in this state on and after July 22, 2015. Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.

(a) The State Insurance Department shall develop and promulgate rules for the implementation and administration of this subchapter.

(b) The Insurance Commissioner shall enforce this subchapter and may seek injunctive relief for violations of this subchapter.

(c) This subchapter is applicable to a vision benefit plan or contract issued, renewed, or recredentialed in this state on and after July 22, 2015.

Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-17-204 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-204
Purpose of cooperative
Status: in_force

Cooperative nonprofit membership corporations either with or without capital stock may be organized under this subchapter for the purpose of furnishing telecommunications service and other services to the widest practicable number of users of such services. Acts 1951, No. 51, § 3; A.S.A. 1947, § 77-1603; Acts 1989, No. 437, § 4; 1999, No. 946, § 1.

Cooperative nonprofit membership corporations either with or without capital stock may be organized under this subchapter for the purpose of furnishing telecommunications service and other services to the widest practicable number of users of such services.

Acts 1951, No. 51, § 3; A.S.A. 1947, § 77-1603; Acts 1989, No. 437, § 4; 1999, No. 946, § 1.
Ark. Code Ann. § 23-89-205 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-205
Exclusion of benefits
Status: in_force

An insurer may exclude benefits to any insured, or to his or her personal representative, under a policy required by § 23-89-202 , when the insured's conduct contributed to the injury he or she sustained in any of the following ways: (1) Causing injury to himself or herself intentionally; or (2) Causing injury while in the commission of a felony or while seeking to elude lawful apprehension or arrest by a law enforcement official. Acts 1973, No. 138, § 4; A.S.A. 1947, § 66-4017.

An insurer may exclude benefits to any insured, or to his or her personal representative, under a policy required by § 23-89-202 , when the insured's conduct contributed to the injury he or she sustained in any of the following ways:

(1) Causing injury to himself or herself intentionally; or

(2) Causing injury while in the commission of a felony or while seeking to elude lawful apprehension or arrest by a law enforcement official.

Acts 1973, No. 138, § 4; A.S.A. 1947, § 66-4017.
Ark. Code Ann. § 23-101-111 — AR Code / Title 23 / Chapter 101 / Section 23-101-111
Rights and obligations of the parties
Status: in_force

(a) In order for the creditor to place insurance on the collateral pledged by the debtor and pass the cost of the insurance on to the debtor: (1) The creditor must have a security interest in the personal property; (2) The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest; (3) The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and (4) These requirements must be clearly disclosed to the debtor at the inception of the credit transaction. (b) (1) The debtor shall always have the right to provide required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through an insurer authorized to transact insurance within this state. (2) However, a creditor may establish maximum acceptable deductibles, insurer solidity standards, and other reasonable conditions with respect to the required insurance. Acts 1997, No. 930, § 11.

(a) In order for the creditor to place insurance on the collateral pledged by the debtor and pass the cost of the insurance on to the debtor: (1) The creditor must have a security interest in the personal property; (2) The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest; (3) The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and (4) These requirements must be clearly disclosed to the debtor at the inception of the credit transaction.

(1) The creditor must have a security interest in the personal property;

(2) The credit agreement must require the debtor to maintain insurance on the collateral to protect the creditor's interest;

(3) The credit agreement must authorize the creditor to place the insurance if the debtor fails to provide evidence of the insurance; and

(4) These requirements must be clearly disclosed to the debtor at the inception of the credit transaction.

(b) (1) The debtor shall always have the right to provide required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through an insurer authorized to transact insurance within this state. (2) However, a creditor may establish maximum acceptable deductibles, insurer solidity standards, and other reasonable conditions with respect to the required insurance.

(1) The debtor shall always have the right to provide required insurance through existing policies of insurance owned or controlled by the debtor or of procuring and furnishing the required coverage through an insurer authorized to transact insurance within this state.

(2) However, a creditor may establish maximum acceptable deductibles, insurer solidity standards, and other reasonable conditions with respect to the required insurance.

Acts 1997, No. 930, § 11.
Ark. Code Ann. § 23-69-121 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-121
Stockholders' voting rights
Status: in_force

(a) Unless otherwise provided in the articles of incorporation or an amendment thereof, every stockholder of record of a domestic stock insurer shall be entitled, at each meeting of stockholders thereof and upon each proposal presented at the meeting, to one (1) vote for each share of stock standing in his or her name on the books of the insurer. (b) (1) The board of directors shall have power to close the stock transfer books of the corporation for a period not exceeding forty (40) days preceding the date of any meeting of stockholders or the date for payment of any dividend or the date for the allotment of rights or the date when any change or conversion or exchange of capital stock shall go into effect. (2) However, in lieu of closing the stock transfer books as described in this section, the bylaws may fix or authorize the board of directors to fix in advance a date, not exceeding forty (40) days preceding the date of any meeting of stockholders, or the date for the payment of any dividend or the date for the allotment of rights, or the date when any change or conversion or exchange of capital stock shall go into effect as a record date for the determination of the stockholders entitled to notice of, and to vote at, the meeting, or entitled to receive payment of any dividend or to any allotment of rights, or to exercise the rights in respect of any change, conversion, or exchange of capital stock. In such cases the stockholders and only such stockholders as shall be stockholders of record on the date so fixed shall be entitled to the notice of, and to vote at, the meeting or to receive payment of such a dividend, or to receive such an allotment of rights, or to exercise those rights, as the case may be, notwithstanding any transfer of any stock on the books of the corporation after any record fixed as described in this section. Acts 1959, No. 148, § 471; A.S.A. 1947, § 66-4219.

(a) Unless otherwise provided in the articles of incorporation or an amendment thereof, every stockholder of record of a domestic stock insurer shall be entitled, at each meeting of stockholders thereof and upon each proposal presented at the meeting, to one (1) vote for each share of stock standing in his or her name on the books of the insurer.

(b) (1) The board of directors shall have power to close the stock transfer books of the corporation for a period not exceeding forty (40) days preceding the date of any meeting of stockholders or the date for payment of any dividend or the date for the allotment of rights or the date when any change or conversion or exchange of capital stock shall go into effect. (2) However, in lieu of closing the stock transfer books as described in this section, the bylaws may fix or authorize the board of directors to fix in advance a date, not exceeding forty (40) days preceding the date of any meeting of stockholders, or the date for the payment of any dividend or the date for the allotment of rights, or the date when any change or conversion or exchange of capital stock shall go into effect as a record date for the determination of the stockholders entitled to notice of, and to vote at, the meeting, or entitled to receive payment of any dividend or to any allotment of rights, or to exercise the rights in respect of any change, conversion, or exchange of capital stock. In such cases the stockholders and only such stockholders as shall be stockholders of record on the date so fixed shall be entitled to the notice of, and to vote at, the meeting or to receive payment of such a dividend, or to receive such an allotment of rights, or to exercise those rights, as the case may be, notwithstanding any transfer of any stock on the books of the corporation after any record fixed as described in this section.

(1) The board of directors shall have power to close the stock transfer books of the corporation for a period not exceeding forty (40) days preceding the date of any meeting of stockholders or the date for payment of any dividend or the date for the allotment of rights or the date when any change or conversion or exchange of capital stock shall go into effect.

(2) However, in lieu of closing the stock transfer books as described in this section, the bylaws may fix or authorize the board of directors to fix in advance a date, not exceeding forty (40) days preceding the date of any meeting of stockholders, or the date for the payment of any dividend or the date for the allotment of rights, or the date when any change or conversion or exchange of capital stock shall go into effect as a record date for the determination of the stockholders entitled to notice of, and to vote at, the meeting, or entitled to receive payment of any dividend or to any allotment of rights, or to exercise the rights in respect of any change, conversion, or exchange of capital stock. In such cases the stockholders and only such stockholders as shall be stockholders of record on the date so fixed shall be entitled to the notice of, and to vote at, the meeting or to receive payment of such a dividend, or to receive such an allotment of rights, or to exercise those rights, as the case may be, notwithstanding any transfer of any stock on the books of the corporation after any record fixed as described in this section.

Acts 1959, No. 148, § 471; A.S.A. 1947, § 66-4219.
Ark. Code Ann. § 23-66-301 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-301
Misrepresentation or false claims or proofs
Status: in_force

Any person shall upon conviction be punished as provided in § 23-60-108 who, knowing it to be such: (1) Presents or causes to be presented a false or fraudulent claim, or any false or fraudulent proof in support of a claim, for the payment of a loss under an insurance policy; (2) Prepares, makes, or subscribes any false or fraudulent account, certificate, report, affidavit, or proof of loss, or other document or writing, with the intent or knowledge that it will be presented or used in support of a claim under an insurance policy; or (3) Conceals, withholds, or misrepresents any information material to a claim under an insurance policy. Acts 1959, No. 148, § 233; A.S.A. 1947, § 66-3026.

Any person shall upon conviction be punished as provided in § 23-60-108 who, knowing it to be such:

(1) Presents or causes to be presented a false or fraudulent claim, or any false or fraudulent proof in support of a claim, for the payment of a loss under an insurance policy;

(2) Prepares, makes, or subscribes any false or fraudulent account, certificate, report, affidavit, or proof of loss, or other document or writing, with the intent or knowledge that it will be presented or used in support of a claim under an insurance policy; or

(3) Conceals, withholds, or misrepresents any information material to a claim under an insurance policy.

Acts 1959, No. 148, § 233; A.S.A. 1947, § 66-3026.
Ark. Code Ann. § 23-69-152 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-152
Dissolution - Directors to act as trustees
Status: in_force

(a) Upon the dissolution of a domestic stock or mutual insurance corporation under the provisions of § 23-69-151 , or upon the expiration of the period of its corporate existence, limited by its articles of incorporation, the directors of the corporation shall be trustees thereof with full power to settle the affairs, collect the outstanding debts, sell and convey the real and personal property of the corporation, and divide its assets among its stockholders or members as entitled thereto, after paying or adequately providing for the payment of its liabilities and obligations. (b) If a stock corporation, after paying or adequately providing for the liabilities and obligations of the holders of record holding stock in the corporation entitling them to exercise at least a majority of the voting power on a proposal to sell all the property and assets of the corporation, the directors may sell the remaining assets or any part thereof to a corporation organized under the laws of this or any other state, and take in payment therefor the stock or bonds, or both, of the corporation and distribute them among the stockholders in proportion to their interest therein. However, if any stockholder within thirty (30) days after the mailing of notice to him or her of the sale shall demand in writing that the corporation shall pay to him or her the fair cash value of his or her interest in the assets sold, then the cash value shall be determined and shall be paid by the corporation within thirty (30) days after the date the demand was received by the corporation. (c) Vacancies in the number of trustees may be filled by the remaining trustees, but any trustee, in the case of a stock corporation, may be replaced on the vote of a majority of the stockholders. Acts 1959, No. 148, § 505; A.S.A. 1947, § 66-4253.

(a) Upon the dissolution of a domestic stock or mutual insurance corporation under the provisions of § 23-69-151 , or upon the expiration of the period of its corporate existence, limited by its articles of incorporation, the directors of the corporation shall be trustees thereof with full power to settle the affairs, collect the outstanding debts, sell and convey the real and personal property of the corporation, and divide its assets among its stockholders or members as entitled thereto, after paying or adequately providing for the payment of its liabilities and obligations.

(b) If a stock corporation, after paying or adequately providing for the liabilities and obligations of the holders of record holding stock in the corporation entitling them to exercise at least a majority of the voting power on a proposal to sell all the property and assets of the corporation, the directors may sell the remaining assets or any part thereof to a corporation organized under the laws of this or any other state, and take in payment therefor the stock or bonds, or both, of the corporation and distribute them among the stockholders in proportion to their interest therein. However, if any stockholder within thirty (30) days after the mailing of notice to him or her of the sale shall demand in writing that the corporation shall pay to him or her the fair cash value of his or her interest in the assets sold, then the cash value shall be determined and shall be paid by the corporation within thirty (30) days after the date the demand was received by the corporation.

(c) Vacancies in the number of trustees may be filled by the remaining trustees, but any trustee, in the case of a stock corporation, may be replaced on the vote of a majority of the stockholders.

Acts 1959, No. 148, § 505; A.S.A. 1947, § 66-4253.
Ark. Code Ann. § 23-1-111 — AR Code / Title 23 / Chapter 1 / Section 23-1-111
Copies of official papers as evidence
Status: in_force

Copies of official documents and orders filed or deposited according to law in the office of the commission certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals in all matters before the commission and in the courts of this state. Acts 1935, No. 324, § 67; Pope's Dig., § 2127; A.S.A. 1947, § 73-263.

Copies of official documents and orders filed or deposited according to law in the office of the commission certified by a commissioner or by the secretary under the official seal of the commission to be true copies of the original shall be evidence in like manner as the originals in all matters before the commission and in the courts of this state.

Acts 1935, No. 324, § 67; Pope's Dig., § 2127; A.S.A. 1947, § 73-263.