Ark. Code Ann. § 23-61-1103 — AR Code / Title 23 / Chapter 61 / Subchapter 11 / Section 23-61-1103
Powers and duties of board
Status: in_force

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may: (1) (A) Hold a meeting no less than one (1) time each calendar quarter. (B) The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of such meeting has been given to the general public at least thirty (30) days before the meeting. (C) The board shall meet upon written demand of any two (2) members of the board or upon the call of the commissioner; (2) Make examinations required by § 17-29-301 et seq. available to applicants at least two (2) times annually at suitable locations during normal business hours; (3) Promulgate appropriate rules: (A) For the transaction of business of the board; (B) For the betterment and promotion of the standards of service and practice; (C) To establish the standards of practice and a code of ethics for persons licensed or authorized under this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; or § 23-78-101 et seq.; and (D) To establish qualifications necessary to: (i) Practice the science of embalming; (ii) Engage in the business of funeral directing; (iii) Practice cremation; (iv) Transport human remains; and (v) Operate a funeral establishment, mortuary service, crematorium, retort, or transport service firm to transport human remains; (4) (A) Develop, establish by rule, and administer a mandatory or voluntary continuing education program and its requirements for persons licensed or authorized by the board. (B) The board may excuse licensees, as a group or as individuals, from a continuing education program, if any unusual circumstances, emergency, or hardship prevents participation in the program; (5) Promulgate rules and publish forms to enforce and administer laws governing: (A) Embalmers, funeral directors, and funeral establishments, under § 17-29-301 et seq.; § 17-29-401 et seq.; and § 17-29-501 et seq.; (B) Burial associations under § 23-78-101 et seq.; and (C) Cemetery companies under the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; and the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.; (6) Suspend or revoke permits or licenses or impose a civil penalty not to exceed five hundred dollars ($500) per violation when a licensee fails to comply with any of the laws governing the licensee or when a licensee fails to comply with a rule or order of the board; (7) Upon application, grant permits, licenses, or certificates of authority to applicants and licensees; (8) When appropriate, amend permits, licenses, or certificates of authority; (9) (A) Apply to Pulaski County Circuit Court to enjoin any act or practice and to enforce compliance with relevant laws and the rules and orders of the board when it appears that any person has engaged in or will engage in an act or practice that constitutes a violation of any provision of this subchapter or rule or order of the board. (B) The court shall not require the board or commissioner to post a bond; (10) Apply to Pulaski County Circuit Court or the circuit court in the county in which the licensee is located for the appointment of a receiver or conservator of the cemetery corporation or its permanent maintenance fund when it appears to the board or commissioner that a cemetery corporation is insolvent or that the cemetery corporation, its officers, directors, agents, or the trustees of its permanent maintenance fund, have violated this subchapter, relevant laws, or the rules or orders of the board; (11) (A) Conduct hearings and subpoena witnesses, books, and records in connection with alleged violations of this subchapter, relevant laws, and the rules or orders of the board. (B) (i) In case of contumacy or refusal to obey a subpoena issued to a person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board. (ii) Failure to obey the order of the court may be punished by the court as a contempt of court. (C) An order by the board under this subchapter shall be subject to review by the Pulaski County Circuit Court or by the circuit court of the county in which any part of the cemetery lies if an application for review of an order by the board is made within thirty (30) days of the date of the order; and (12) Establish and collect reasonable fees. (b) The board shall adopt bylaws and rules in connection with the care and disposition of human remains in this state. (c) (1) The commissioner, in consultation with the Secretary of the Department of Commerce, may appoint assistants and deputies and examiners, inspectors, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the duties imposed upon him or her in overseeing the board. (2) Personnel under subdivision (c)(1) of this section shall devote their entire business time to carrying out official duties concerning the board, or if appropriate, the State Insurance Department. (d) The powers and authority under subsection (a) of this section shall not be in dimunition or limitation of the powers and authority vested in the board by the various sections of this subchapter, but the board shall possess all powers and authority, whether set forth in this section or not, to enable it to carry out the intent and purpose of this subchapter. (e) (1) The board, when it shall deem necessary, shall be represented by the State Insurance Department. (2) (A) If deemed necessary by the board, the board may employ special counsel whose services shall be paid for from funds of the board. (B) Special counsel shall be retained only with the prior approval of the commissioner. Amended by Act 2023, No. 509,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 604, eff. 7/1/2019. Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.

(a) The State Board of Embalmers, Funeral Directors, Cemeteries, and Burial Services may: (1) (A) Hold a meeting no less than one (1) time each calendar quarter. (B) The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of such meeting has been given to the general public at least thirty (30) days before the meeting. (C) The board shall meet upon written demand of any two (2) members of the board or upon the call of the commissioner; (2) Make examinations required by § 17-29-301 et seq. available to applicants at least two (2) times annually at suitable locations during normal business hours; (3) Promulgate appropriate rules: (A) For the transaction of business of the board; (B) For the betterment and promotion of the standards of service and practice; (C) To establish the standards of practice and a code of ethics for persons licensed or authorized under this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; or § 23-78-101 et seq.; and (D) To establish qualifications necessary to: (i) Practice the science of embalming; (ii) Engage in the business of funeral directing; (iii) Practice cremation; (iv) Transport human remains; and (v) Operate a funeral establishment, mortuary service, crematorium, retort, or transport service firm to transport human remains; (4) (A) Develop, establish by rule, and administer a mandatory or voluntary continuing education program and its requirements for persons licensed or authorized by the board. (B) The board may excuse licensees, as a group or as individuals, from a continuing education program, if any unusual circumstances, emergency, or hardship prevents participation in the program; (5) Promulgate rules and publish forms to enforce and administer laws governing: (A) Embalmers, funeral directors, and funeral establishments, under § 17-29-301 et seq.; § 17-29-401 et seq.; and § 17-29-501 et seq.; (B) Burial associations under § 23-78-101 et seq.; and (C) Cemetery companies under the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; and the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.; (6) Suspend or revoke permits or licenses or impose a civil penalty not to exceed five hundred dollars ($500) per violation when a licensee fails to comply with any of the laws governing the licensee or when a licensee fails to comply with a rule or order of the board; (7) Upon application, grant permits, licenses, or certificates of authority to applicants and licensees; (8) When appropriate, amend permits, licenses, or certificates of authority; (9) (A) Apply to Pulaski County Circuit Court to enjoin any act or practice and to enforce compliance with relevant laws and the rules and orders of the board when it appears that any person has engaged in or will engage in an act or practice that constitutes a violation of any provision of this subchapter or rule or order of the board. (B) The court shall not require the board or commissioner to post a bond; (10) Apply to Pulaski County Circuit Court or the circuit court in the county in which the licensee is located for the appointment of a receiver or conservator of the cemetery corporation or its permanent maintenance fund when it appears to the board or commissioner that a cemetery corporation is insolvent or that the cemetery corporation, its officers, directors, agents, or the trustees of its permanent maintenance fund, have violated this subchapter, relevant laws, or the rules or orders of the board; (11) (A) Conduct hearings and subpoena witnesses, books, and records in connection with alleged violations of this subchapter, relevant laws, and the rules or orders of the board. (B) (i) In case of contumacy or refusal to obey a subpoena issued to a person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board. (ii) Failure to obey the order of the court may be punished by the court as a contempt of court. (C) An order by the board under this subchapter shall be subject to review by the Pulaski County Circuit Court or by the circuit court of the county in which any part of the cemetery lies if an application for review of an order by the board is made within thirty (30) days of the date of the order; and (12) Establish and collect reasonable fees.

(1) (A) Hold a meeting no less than one (1) time each calendar quarter. (B) The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of such meeting has been given to the general public at least thirty (30) days before the meeting. (C) The board shall meet upon written demand of any two (2) members of the board or upon the call of the commissioner;

(A) Hold a meeting no less than one (1) time each calendar quarter.

(B) The meeting shall be held at a time and place as the board or Insurance Commissioner may determine, after notice of such meeting has been given to the general public at least thirty (30) days before the meeting.

(C) The board shall meet upon written demand of any two (2) members of the board or upon the call of the commissioner;

(2) Make examinations required by § 17-29-301 et seq. available to applicants at least two (2) times annually at suitable locations during normal business hours;

(3) Promulgate appropriate rules: (A) For the transaction of business of the board; (B) For the betterment and promotion of the standards of service and practice; (C) To establish the standards of practice and a code of ethics for persons licensed or authorized under this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; or § 23-78-101 et seq.; and (D) To establish qualifications necessary to: (i) Practice the science of embalming; (ii) Engage in the business of funeral directing; (iii) Practice cremation; (iv) Transport human remains; and (v) Operate a funeral establishment, mortuary service, crematorium, retort, or transport service firm to transport human remains;

(A) For the transaction of business of the board;

(B) For the betterment and promotion of the standards of service and practice;

(C) To establish the standards of practice and a code of ethics for persons licensed or authorized under this subchapter; § 17-29-301 et seq.; the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; or § 23-78-101 et seq.; and

(D) To establish qualifications necessary to: (i) Practice the science of embalming; (ii) Engage in the business of funeral directing; (iii) Practice cremation; (iv) Transport human remains; and (v) Operate a funeral establishment, mortuary service, crematorium, retort, or transport service firm to transport human remains;

(i) Practice the science of embalming;

(ii) Engage in the business of funeral directing;

(iii) Practice cremation;

(iv) Transport human remains; and

(v) Operate a funeral establishment, mortuary service, crematorium, retort, or transport service firm to transport human remains;

(4) (A) Develop, establish by rule, and administer a mandatory or voluntary continuing education program and its requirements for persons licensed or authorized by the board. (B) The board may excuse licensees, as a group or as individuals, from a continuing education program, if any unusual circumstances, emergency, or hardship prevents participation in the program;

(A) Develop, establish by rule, and administer a mandatory or voluntary continuing education program and its requirements for persons licensed or authorized by the board.

(B) The board may excuse licensees, as a group or as individuals, from a continuing education program, if any unusual circumstances, emergency, or hardship prevents participation in the program;

(5) Promulgate rules and publish forms to enforce and administer laws governing: (A) Embalmers, funeral directors, and funeral establishments, under § 17-29-301 et seq.; § 17-29-401 et seq.; and § 17-29-501 et seq.; (B) Burial associations under § 23-78-101 et seq.; and (C) Cemetery companies under the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; and the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.;

(A) Embalmers, funeral directors, and funeral establishments, under § 17-29-301 et seq.; § 17-29-401 et seq.; and § 17-29-501 et seq.;

(B) Burial associations under § 23-78-101 et seq.; and

(C) Cemetery companies under the Cemetery Act for Perpetually Maintained Cemeteries, § 20-17-1001 et seq.; and the Insolvent Cemetery Grant Fund Act, § 20-17-1301 et seq.;

(6) Suspend or revoke permits or licenses or impose a civil penalty not to exceed five hundred dollars ($500) per violation when a licensee fails to comply with any of the laws governing the licensee or when a licensee fails to comply with a rule or order of the board;

(7) Upon application, grant permits, licenses, or certificates of authority to applicants and licensees;

(8) When appropriate, amend permits, licenses, or certificates of authority;

(9) (A) Apply to Pulaski County Circuit Court to enjoin any act or practice and to enforce compliance with relevant laws and the rules and orders of the board when it appears that any person has engaged in or will engage in an act or practice that constitutes a violation of any provision of this subchapter or rule or order of the board. (B) The court shall not require the board or commissioner to post a bond;

(A) Apply to Pulaski County Circuit Court to enjoin any act or practice and to enforce compliance with relevant laws and the rules and orders of the board when it appears that any person has engaged in or will engage in an act or practice that constitutes a violation of any provision of this subchapter or rule or order of the board.

(B) The court shall not require the board or commissioner to post a bond;

(10) Apply to Pulaski County Circuit Court or the circuit court in the county in which the licensee is located for the appointment of a receiver or conservator of the cemetery corporation or its permanent maintenance fund when it appears to the board or commissioner that a cemetery corporation is insolvent or that the cemetery corporation, its officers, directors, agents, or the trustees of its permanent maintenance fund, have violated this subchapter, relevant laws, or the rules or orders of the board;

(11) (A) Conduct hearings and subpoena witnesses, books, and records in connection with alleged violations of this subchapter, relevant laws, and the rules or orders of the board. (B) (i) In case of contumacy or refusal to obey a subpoena issued to a person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board. (ii) Failure to obey the order of the court may be punished by the court as a contempt of court. (C) An order by the board under this subchapter shall be subject to review by the Pulaski County Circuit Court or by the circuit court of the county in which any part of the cemetery lies if an application for review of an order by the board is made within thirty (30) days of the date of the order; and

(A) Conduct hearings and subpoena witnesses, books, and records in connection with alleged violations of this subchapter, relevant laws, and the rules or orders of the board.

(B) (i) In case of contumacy or refusal to obey a subpoena issued to a person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board. (ii) Failure to obey the order of the court may be punished by the court as a contempt of court.

(i) In case of contumacy or refusal to obey a subpoena issued to a person, the Pulaski County Circuit Court, upon application by the board, may issue to the person an order requiring him or her to appear before the board or the person designated by the board.

(ii) Failure to obey the order of the court may be punished by the court as a contempt of court.

(C) An order by the board under this subchapter shall be subject to review by the Pulaski County Circuit Court or by the circuit court of the county in which any part of the cemetery lies if an application for review of an order by the board is made within thirty (30) days of the date of the order; and

(12) Establish and collect reasonable fees.

(b) The board shall adopt bylaws and rules in connection with the care and disposition of human remains in this state.

(c) (1) The commissioner, in consultation with the Secretary of the Department of Commerce, may appoint assistants and deputies and examiners, inspectors, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the duties imposed upon him or her in overseeing the board. (2) Personnel under subdivision (c)(1) of this section shall devote their entire business time to carrying out official duties concerning the board, or if appropriate, the State Insurance Department.

(1) The commissioner, in consultation with the Secretary of the Department of Commerce, may appoint assistants and deputies and examiners, inspectors, attorneys, clerks, stenographers, and other personnel as may be necessary to assist him or her in the discharge of the duties imposed upon him or her in overseeing the board.

(2) Personnel under subdivision (c)(1) of this section shall devote their entire business time to carrying out official duties concerning the board, or if appropriate, the State Insurance Department.

(d) The powers and authority under subsection (a) of this section shall not be in dimunition or limitation of the powers and authority vested in the board by the various sections of this subchapter, but the board shall possess all powers and authority, whether set forth in this section or not, to enable it to carry out the intent and purpose of this subchapter.

(e) (1) The board, when it shall deem necessary, shall be represented by the State Insurance Department. (2) (A) If deemed necessary by the board, the board may employ special counsel whose services shall be paid for from funds of the board. (B) Special counsel shall be retained only with the prior approval of the commissioner.

(1) The board, when it shall deem necessary, shall be represented by the State Insurance Department.

(2) (A) If deemed necessary by the board, the board may employ special counsel whose services shall be paid for from funds of the board. (B) Special counsel shall be retained only with the prior approval of the commissioner.

(A) If deemed necessary by the board, the board may employ special counsel whose services shall be paid for from funds of the board.

(B) Special counsel shall be retained only with the prior approval of the commissioner.

Amended by Act 2023, No. 509,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 604, eff. 7/1/2019.

Added by Act 2017, No. 788,§ 3, eff. 7/1/2018.
Ark. Code Ann. § 23-48-705 — AR Code / Title 23 / Chapter 48 / Subchapter 7 / Section 23-48-705
Notice of termination of full-service branch
Status: in_force

When a full-service branch has once been established under any provision of this subchapter or any prior act, the operation thereof shall not be discontinued or the facility closed unless ninety (90) days' prior notice of intention to terminate the operation is given in writing to the supervisory banking authority. Acts 1997, No. 89, § 1.

When a full-service branch has once been established under any provision of this subchapter or any prior act, the operation thereof shall not be discontinued or the facility closed unless ninety (90) days' prior notice of intention to terminate the operation is given in writing to the supervisory banking authority.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-81-904 — AR Code / Title 23 / Chapter 81 / Subchapter 9 / Section 23-81-904
Insurer conduct
Status: in_force

(a) An insurer shall make a good faith effort to determine the death of an insured upon receipt of knowledge of death. (b) (1) An insurer shall compare an in-force policy, contract, and retained asset account against a death master file to identify a potential match to an insured covered under the policy, contract, and retained asset account by using the full version of the death master file. (2) An insurer shall perform the comparison under subdivision (b)(1) of this section semiannually by using the death master file update. (c) (1) For a potential match that is identified as a result of a death master file match, the insurer shall within ninety (90) days of a death master file match: (A) Make and document a good faith effort to confirm the death of the insured or retained asset account holder against other available records and information; (B) Determine if death benefits are due under an applicable policy or contract; and (C) If death benefits are due under the applicable policy or contract: (i) Make a good faith effort to document and locate any beneficiary or beneficiaries; and (ii) Provide the beneficiary or beneficiaries the necessary claim form or instructions to make a claim under the policy or contract, including submitting a death certificate issued by the state or any political subdivision of the state if required under the policy or contract. (2) If an insurer is unable to confirm the death of an individual under subdivision (c)(1) of this section, the policy, annuity, or retained asset account may be considered by an insurer to be in force according to the terms of the policy, annuity, or retained asset account. (3) An insurer is required to confirm a possible death of an insured under a group life insurance if the insurer maintains for an individual covered under a policy or certificate an insured's: (A) Social Security number or name and date of birth; (B) Beneficiary designation information; (C) Coverage eligibility; (D) Benefit amount; and (E) Premium payment status. (4) To the extent permitted by law, an insurer may disclose the necessary personal information about an insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer in locating a beneficiary or a person entitled to payment of the claims proceeds. (d) An insurer shall not charge a beneficiary or the beneficiary's authorized representative a fee or charge any costs associated with a death master file search or verification of a death master file match performed under this section. (e) (1) A benefit or any accrued contractual interest under a policy, contract, or a retained asset account is payable to the designated beneficiary or owner. (2) If a beneficiary or owner cannot be found, the benefit or any accrued contractual interest shall escheat to the state as unclaimed property under the Unclaimed Property Act, § 18-28-201 et seq. (3) Interest payable under § 23-81-118 shall not be payable as unclaimed property under the Unclaimed Property Act, § 18-28-201 et seq. (f) An insurer shall notify the Auditor of State upon the expiration of the statutory time period for escheat that: (1) A beneficiary under a life insurance policy, contract, or retained asset account holder has not submitted a claim with the insurer; and (2) The insurer has complied with subsection (b) of this section and has documented its good faith effort to locate and notify a beneficiary or retained asset account holder but has been unsuccessful. (g) Upon delivery of a notice under subsection (f) of this section, an insurer shall submit immediately any unclaimed benefits under a policy, contract, or retained asset account, plus any applicable interest, to the Auditor of State. Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.

(a) An insurer shall make a good faith effort to determine the death of an insured upon receipt of knowledge of death.

(b) (1) An insurer shall compare an in-force policy, contract, and retained asset account against a death master file to identify a potential match to an insured covered under the policy, contract, and retained asset account by using the full version of the death master file. (2) An insurer shall perform the comparison under subdivision (b)(1) of this section semiannually by using the death master file update.

(1) An insurer shall compare an in-force policy, contract, and retained asset account against a death master file to identify a potential match to an insured covered under the policy, contract, and retained asset account by using the full version of the death master file.

(2) An insurer shall perform the comparison under subdivision (b)(1) of this section semiannually by using the death master file update.

(c) (1) For a potential match that is identified as a result of a death master file match, the insurer shall within ninety (90) days of a death master file match: (A) Make and document a good faith effort to confirm the death of the insured or retained asset account holder against other available records and information; (B) Determine if death benefits are due under an applicable policy or contract; and (C) If death benefits are due under the applicable policy or contract: (i) Make a good faith effort to document and locate any beneficiary or beneficiaries; and (ii) Provide the beneficiary or beneficiaries the necessary claim form or instructions to make a claim under the policy or contract, including submitting a death certificate issued by the state or any political subdivision of the state if required under the policy or contract. (2) If an insurer is unable to confirm the death of an individual under subdivision (c)(1) of this section, the policy, annuity, or retained asset account may be considered by an insurer to be in force according to the terms of the policy, annuity, or retained asset account. (3) An insurer is required to confirm a possible death of an insured under a group life insurance if the insurer maintains for an individual covered under a policy or certificate an insured's: (A) Social Security number or name and date of birth; (B) Beneficiary designation information; (C) Coverage eligibility; (D) Benefit amount; and (E) Premium payment status. (4) To the extent permitted by law, an insurer may disclose the necessary personal information about an insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer in locating a beneficiary or a person entitled to payment of the claims proceeds.

(1) For a potential match that is identified as a result of a death master file match, the insurer shall within ninety (90) days of a death master file match: (A) Make and document a good faith effort to confirm the death of the insured or retained asset account holder against other available records and information; (B) Determine if death benefits are due under an applicable policy or contract; and (C) If death benefits are due under the applicable policy or contract: (i) Make a good faith effort to document and locate any beneficiary or beneficiaries; and (ii) Provide the beneficiary or beneficiaries the necessary claim form or instructions to make a claim under the policy or contract, including submitting a death certificate issued by the state or any political subdivision of the state if required under the policy or contract.

(A) Make and document a good faith effort to confirm the death of the insured or retained asset account holder against other available records and information;

(B) Determine if death benefits are due under an applicable policy or contract; and

(C) If death benefits are due under the applicable policy or contract: (i) Make a good faith effort to document and locate any beneficiary or beneficiaries; and (ii) Provide the beneficiary or beneficiaries the necessary claim form or instructions to make a claim under the policy or contract, including submitting a death certificate issued by the state or any political subdivision of the state if required under the policy or contract.

(i) Make a good faith effort to document and locate any beneficiary or beneficiaries; and

(ii) Provide the beneficiary or beneficiaries the necessary claim form or instructions to make a claim under the policy or contract, including submitting a death certificate issued by the state or any political subdivision of the state if required under the policy or contract.

(2) If an insurer is unable to confirm the death of an individual under subdivision (c)(1) of this section, the policy, annuity, or retained asset account may be considered by an insurer to be in force according to the terms of the policy, annuity, or retained asset account.

(3) An insurer is required to confirm a possible death of an insured under a group life insurance if the insurer maintains for an individual covered under a policy or certificate an insured's: (A) Social Security number or name and date of birth; (B) Beneficiary designation information; (C) Coverage eligibility; (D) Benefit amount; and (E) Premium payment status.

(A) Social Security number or name and date of birth;

(B) Beneficiary designation information;

(C) Coverage eligibility;

(D) Benefit amount; and

(E) Premium payment status.

(4) To the extent permitted by law, an insurer may disclose the necessary personal information about an insured or beneficiary to a person who the insurer reasonably believes may be able to assist the insurer in locating a beneficiary or a person entitled to payment of the claims proceeds.

(d) An insurer shall not charge a beneficiary or the beneficiary's authorized representative a fee or charge any costs associated with a death master file search or verification of a death master file match performed under this section.

(e) (1) A benefit or any accrued contractual interest under a policy, contract, or a retained asset account is payable to the designated beneficiary or owner. (2) If a beneficiary or owner cannot be found, the benefit or any accrued contractual interest shall escheat to the state as unclaimed property under the Unclaimed Property Act, § 18-28-201 et seq. (3) Interest payable under § 23-81-118 shall not be payable as unclaimed property under the Unclaimed Property Act, § 18-28-201 et seq.

(1) A benefit or any accrued contractual interest under a policy, contract, or a retained asset account is payable to the designated beneficiary or owner.

(2) If a beneficiary or owner cannot be found, the benefit or any accrued contractual interest shall escheat to the state as unclaimed property under the Unclaimed Property Act, § 18-28-201 et seq.

(3) Interest payable under § 23-81-118 shall not be payable as unclaimed property under the Unclaimed Property Act, § 18-28-201 et seq.

(f) An insurer shall notify the Auditor of State upon the expiration of the statutory time period for escheat that: (1) A beneficiary under a life insurance policy, contract, or retained asset account holder has not submitted a claim with the insurer; and (2) The insurer has complied with subsection (b) of this section and has documented its good faith effort to locate and notify a beneficiary or retained asset account holder but has been unsuccessful.

(1) A beneficiary under a life insurance policy, contract, or retained asset account holder has not submitted a claim with the insurer; and

(2) The insurer has complied with subsection (b) of this section and has documented its good faith effort to locate and notify a beneficiary or retained asset account holder but has been unsuccessful.

(g) Upon delivery of a notice under subsection (f) of this section, an insurer shall submit immediately any unclaimed benefits under a policy, contract, or retained asset account, plus any applicable interest, to the Auditor of State.

Added by Act 2015, No. 905,§ 1, eff. 7/22/2015, op. applicable to policies issued after June 30, 2016.
Ark. Code Ann. § 23-10-431 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-431
Actions for damages for violations of sections 23-10-402, 23-10-403, 23-10-405, 23-10-406, and 23-10-409 - 23-10-431 - Limitation
Status: in_force

(a) In all actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state, for the violation of the provisions of this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 regulating the transportation of freight, or in case any person or corporation, as defined in § 23-10-402 , engaged as aforesaid shall not do or permit to be done any act, matter, or thing required to be done in this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 , the person or corporation shall be held to pay to the person, firm, or corporation injured thereby the actual amount of damages so sustained, to be recovered by the person, firm, or corporation so damaged, in any court having jurisdiction of the amount where the person or corporation causing the damage can be found or has an agent or place of business. (b) (1) No such action shall be sustained unless brought within one (1) year after the cause of action accrued, or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. However, no railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state shall have a right of action against any person, firm, or corporation when the person, firm, or corporation shall violate the provisions of any part of this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 unless the suit is instituted within one (1) year of the violation. (2) No action shall be brought after two (2) years from the time the right of action accrues. (c) As many causes of action as may have accrued within the year to any one (1) person, firm, or corporation, including damages, forfeitures, demurrage, etc., may be joined in the suit or complaint. Acts 1907, No. 193, § 21, p. 453; C. & M. Dig., § 913; Pope's Dig., § 1117; Acts 1939, No. 171, § 1; A.S.A. 1947, § 73-1328.

(a) In all actions at law against any railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state, for the violation of the provisions of this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 regulating the transportation of freight, or in case any person or corporation, as defined in § 23-10-402 , engaged as aforesaid shall not do or permit to be done any act, matter, or thing required to be done in this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 , the person or corporation shall be held to pay to the person, firm, or corporation injured thereby the actual amount of damages so sustained, to be recovered by the person, firm, or corporation so damaged, in any court having jurisdiction of the amount where the person or corporation causing the damage can be found or has an agent or place of business.

(b) (1) No such action shall be sustained unless brought within one (1) year after the cause of action accrued, or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. However, no railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state shall have a right of action against any person, firm, or corporation when the person, firm, or corporation shall violate the provisions of any part of this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 unless the suit is instituted within one (1) year of the violation. (2) No action shall be brought after two (2) years from the time the right of action accrues.

(1) No such action shall be sustained unless brought within one (1) year after the cause of action accrued, or within one (1) year after the party complaining shall have come to the knowledge of his or her right of action. However, no railroad company, its assignees, lessees, or other persons owning or operating any railroad in this state or partly in this state shall have a right of action against any person, firm, or corporation when the person, firm, or corporation shall violate the provisions of any part of this section and §§ 23-10-402 , 23-10-403 , 23-10-405 , 23-10-406 , and 23-10-409 - 23-10-430 unless the suit is instituted within one (1) year of the violation.

(2) No action shall be brought after two (2) years from the time the right of action accrues.

(c) As many causes of action as may have accrued within the year to any one (1) person, firm, or corporation, including damages, forfeitures, demurrage, etc., may be joined in the suit or complaint.

Acts 1907, No. 193, § 21, p. 453; C. & M. Dig., § 913; Pope's Dig., § 1117; Acts 1939, No. 171, § 1; A.S.A. 1947, § 73-1328.
Ark. Code Ann. § 23-37-107 — AR Code / Title 23 / Chapter 37 / Subchapter 1 / Section 23-37-107
Fees
Status: in_force

The Supervisor of Savings and Loan Associations shall collect in advance, and the person or association so served shall pay, the following fees and charges: (1) In charter application proceedings: (A) For filing an application for charter, one thousand five hundred dollars ($1,500); (B) For filing a protest to an application for charter, one thousand dollars ($1,000) from each protestant; and (C) For filing a petition for rehearing, seven hundred fifty dollars ($750); (2) For filing and approval of an amendment to bylaws or articles of incorporation, twenty-five dollars ($25.00); (3) (A) An annual fee, payable at the time the annual report of the association is filed, equal to: (i) Two hundred fifty dollars ($250) for each one million dollars ($1,000,000) of assets or fraction thereof, up to two million dollars ($2,000,000); (ii) One hundred dollars ($100) on each one million dollars ($1,000,000) of assets or fraction thereof, over two million dollars ($2,000,000) and less than five million dollars ($5,000,000); and (iii) Fifty dollars ($50.00) on each one million dollars ($1,000,000) of assets or fraction thereof, over five million dollars ($5,000,000). (B) No association chartered under the laws of this state shall be subject to any privilege, occupation, or franchise taxes for transacting business throughout the state. (C) In no event shall any association pay an annual fee in excess of five thousand dollars ($5,000); (4) For each extraordinary examination ordered by the Savings and Loan Association Board [abolished], a fee of one hundred dollars ($100) per day for each examiner for each and every day the examiner is absent from the office of the supervisor for the purpose of making the examination. In addition, the person or association shall pay the actual hotel and traveling expenses of the authorized examiner to and from Little Rock; (5) For filing a petition for conversion and verified minutes evidencing a conversion or plan of merger or consolidation, a fee of two hundred fifty dollars ($250); (6) For filing a certificate of dissolution, a fee of one hundred dollars ($100); (7) For filing a copy of a charter of a federal savings and loan association, a fee of fifty dollars ($50.00); (8) The supervisor is authorized, in his or her discretion, to charge a fee of not exceeding ten dollars ($10.00) upon each application for his or her approval or the approval of the board, as provided by this chapter; (9) For each certificate of the supervisor authenticating any document or other instrument, a fee of two dollars fifty cents ($2.50), plus two dollars ($2.00) for each page of the document or instrument; (10) [Repealed.] (11) For a request for a special meeting of the board, one thousand five hundred dollars ($1,500); (12) For each examination of an association by an authorized examiner from the office of the supervisor, a fee of fifty dollars ($50.00) per day for each examiner for each and every day the examiner is absent from the office of the supervisor for the purpose of making the examination. In addition, the person or association shall pay the actual hotel and traveling expenses of the authorized examiner to and from Little Rock; (13) In branch office or other service facility application proceedings: (A) For filing an application for a branch office or other service facility, two hundred fifty dollars ($250); (B) For filing a protest to an application for a branch office or other service facility, five hundred dollars ($500) from each protestant; (C) Upon the filing of one (1) or more protests, two hundred fifty dollars ($250) from the applicant; and (D) For filing a petition for rehearing, seven hundred fifty dollars ($750); and (14) In any proceeding before the board or the supervisor regarding any application, the applicant shall pay all costs of having the proceedings transcribed, and, if the proceedings are transcribed, the applicant shall furnish the original copy of the transcript to the supervisor. Amended by Act 2021, No. 576,§ 3, eff. 7/28/2021. Acts 1963, No. 227, § 54; 1975, No. 531, §§ 5-11; 1979, No. 361, § 10; A.S.A. 1947, § 67-1854.

The Supervisor of Savings and Loan Associations shall collect in advance, and the person or association so served shall pay, the following fees and charges:

(1) In charter application proceedings: (A) For filing an application for charter, one thousand five hundred dollars ($1,500); (B) For filing a protest to an application for charter, one thousand dollars ($1,000) from each protestant; and (C) For filing a petition for rehearing, seven hundred fifty dollars ($750);

(A) For filing an application for charter, one thousand five hundred dollars ($1,500);

(B) For filing a protest to an application for charter, one thousand dollars ($1,000) from each protestant; and

(C) For filing a petition for rehearing, seven hundred fifty dollars ($750);

(2) For filing and approval of an amendment to bylaws or articles of incorporation, twenty-five dollars ($25.00);

(3) (A) An annual fee, payable at the time the annual report of the association is filed, equal to: (i) Two hundred fifty dollars ($250) for each one million dollars ($1,000,000) of assets or fraction thereof, up to two million dollars ($2,000,000); (ii) One hundred dollars ($100) on each one million dollars ($1,000,000) of assets or fraction thereof, over two million dollars ($2,000,000) and less than five million dollars ($5,000,000); and (iii) Fifty dollars ($50.00) on each one million dollars ($1,000,000) of assets or fraction thereof, over five million dollars ($5,000,000). (B) No association chartered under the laws of this state shall be subject to any privilege, occupation, or franchise taxes for transacting business throughout the state. (C) In no event shall any association pay an annual fee in excess of five thousand dollars ($5,000);

(A) An annual fee, payable at the time the annual report of the association is filed, equal to: (i) Two hundred fifty dollars ($250) for each one million dollars ($1,000,000) of assets or fraction thereof, up to two million dollars ($2,000,000); (ii) One hundred dollars ($100) on each one million dollars ($1,000,000) of assets or fraction thereof, over two million dollars ($2,000,000) and less than five million dollars ($5,000,000); and (iii) Fifty dollars ($50.00) on each one million dollars ($1,000,000) of assets or fraction thereof, over five million dollars ($5,000,000).

(i) Two hundred fifty dollars ($250) for each one million dollars ($1,000,000) of assets or fraction thereof, up to two million dollars ($2,000,000);

(ii) One hundred dollars ($100) on each one million dollars ($1,000,000) of assets or fraction thereof, over two million dollars ($2,000,000) and less than five million dollars ($5,000,000); and

(iii) Fifty dollars ($50.00) on each one million dollars ($1,000,000) of assets or fraction thereof, over five million dollars ($5,000,000).

(B) No association chartered under the laws of this state shall be subject to any privilege, occupation, or franchise taxes for transacting business throughout the state.

(C) In no event shall any association pay an annual fee in excess of five thousand dollars ($5,000);

(4) For each extraordinary examination ordered by the Savings and Loan Association Board [abolished], a fee of one hundred dollars ($100) per day for each examiner for each and every day the examiner is absent from the office of the supervisor for the purpose of making the examination. In addition, the person or association shall pay the actual hotel and traveling expenses of the authorized examiner to and from Little Rock;

(5) For filing a petition for conversion and verified minutes evidencing a conversion or plan of merger or consolidation, a fee of two hundred fifty dollars ($250);

(6) For filing a certificate of dissolution, a fee of one hundred dollars ($100);

(7) For filing a copy of a charter of a federal savings and loan association, a fee of fifty dollars ($50.00);

(8) The supervisor is authorized, in his or her discretion, to charge a fee of not exceeding ten dollars ($10.00) upon each application for his or her approval or the approval of the board, as provided by this chapter;

(9) For each certificate of the supervisor authenticating any document or other instrument, a fee of two dollars fifty cents ($2.50), plus two dollars ($2.00) for each page of the document or instrument;

(10) [Repealed.]

(11) For a request for a special meeting of the board, one thousand five hundred dollars ($1,500);

(12) For each examination of an association by an authorized examiner from the office of the supervisor, a fee of fifty dollars ($50.00) per day for each examiner for each and every day the examiner is absent from the office of the supervisor for the purpose of making the examination. In addition, the person or association shall pay the actual hotel and traveling expenses of the authorized examiner to and from Little Rock;

(13) In branch office or other service facility application proceedings: (A) For filing an application for a branch office or other service facility, two hundred fifty dollars ($250); (B) For filing a protest to an application for a branch office or other service facility, five hundred dollars ($500) from each protestant; (C) Upon the filing of one (1) or more protests, two hundred fifty dollars ($250) from the applicant; and (D) For filing a petition for rehearing, seven hundred fifty dollars ($750); and

(A) For filing an application for a branch office or other service facility, two hundred fifty dollars ($250);

(B) For filing a protest to an application for a branch office or other service facility, five hundred dollars ($500) from each protestant;

(C) Upon the filing of one (1) or more protests, two hundred fifty dollars ($250) from the applicant; and

(D) For filing a petition for rehearing, seven hundred fifty dollars ($750); and

(14) In any proceeding before the board or the supervisor regarding any application, the applicant shall pay all costs of having the proceedings transcribed, and, if the proceedings are transcribed, the applicant shall furnish the original copy of the transcript to the supervisor.

Amended by Act 2021, No. 576,§ 3, eff. 7/28/2021.

Acts 1963, No. 227, § 54; 1975, No. 531, §§ 5-11; 1979, No. 361, § 10; A.S.A. 1947, § 67-1854.
Ark. Code Ann. § 23-17-220 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-220
Board of directors - Meetings
Status: in_force

(a) Meetings of the board of directors, regular or special, shall be held at such place and upon such notice as the bylaws may prescribe. (b) (1) Neither the business to be transacted at, nor the purpose of, any regular meeting of the board of directors need be specified in the notice or waiver of notice of the meeting. (2) The notice of a special meeting of the board shall state the purpose of and the business to be transacted at the meeting. (c) (1) A majority of the board of directors shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or by the bylaws. (2) The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board unless the act of a greater number is required by the articles of incorporation or by the bylaws. Acts 1951, No. 51, §§ 22, 23; A.S.A. 1947, §§ 77-1622, 77-1623; Acts 1989, No. 437, § 13.

(a) Meetings of the board of directors, regular or special, shall be held at such place and upon such notice as the bylaws may prescribe.

(b) (1) Neither the business to be transacted at, nor the purpose of, any regular meeting of the board of directors need be specified in the notice or waiver of notice of the meeting. (2) The notice of a special meeting of the board shall state the purpose of and the business to be transacted at the meeting.

(1) Neither the business to be transacted at, nor the purpose of, any regular meeting of the board of directors need be specified in the notice or waiver of notice of the meeting.

(2) The notice of a special meeting of the board shall state the purpose of and the business to be transacted at the meeting.

(c) (1) A majority of the board of directors shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or by the bylaws. (2) The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board unless the act of a greater number is required by the articles of incorporation or by the bylaws.

(1) A majority of the board of directors shall constitute a quorum for the transaction of business unless a greater number is required by the articles of incorporation or by the bylaws.

(2) The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the board unless the act of a greater number is required by the articles of incorporation or by the bylaws.

Acts 1951, No. 51, §§ 22, 23; A.S.A. 1947, §§ 77-1622, 77-1623; Acts 1989, No. 437, § 13.
Ark. Code Ann. § 23-87-119 — AR Code / Title 23 / Chapter 87 / Section 23-87-119
Judicial review
Status: in_force

Any party to the proceeding affected by an order of the Insurance Commissioner shall be entitled to judicial review by following the procedure set forth in § 23-61-307 . Acts 1959, No. 148, § 443; A.S.A. 1947, § 66-3817.

Any party to the proceeding affected by an order of the Insurance Commissioner shall be entitled to judicial review by following the procedure set forth in § 23-61-307 .

Acts 1959, No. 148, § 443; A.S.A. 1947, § 66-3817.
Ark. Code Ann. § 23-98-106 — AR Code / Title 23 / Chapter 98 / Section 23-98-106
Minimum basic benefits
Status: in_force

(a) Minimum basic benefit policies offered under the authority of this chapter shall provide basic levels of primary, preventive, and hospital care, including, but not limited to, the following: (1) Fifteen (15) days of inpatient hospitalization coverage per policy year; (2) (A) As an option, prenatal care, including: (i) One (1) prenatal office visit per month during the first two (2) trimesters of pregnancy; (ii) Two (2) office visits per month during the seventh and eighth months of pregnancy; and (iii) One (1) office visit per week during the ninth month until term. (B) Coverage for each office visit shall include: (i) Necessary and appropriate screening, including history, physical examination, and such laboratory and diagnostic procedures as may be deemed appropriate by the physician based upon recognized medical criteria for the risk group of which the patient is a member; and (ii) Such prenatal counseling as the physician deems appropriate; (3) As an option, obstetrical care, including physicians' services, delivery room, and other medically necessary hospital services; (4) (A) As an option, coverage for children's preventive healthcare services on a periodic basis from birth through age six (6), including thirteen (13) visits at approximately the following age intervals: (i) Birth; (ii) Two (2) months; (iii) Four (4) months; (iv) Six (6) months; (v) Nine (9) months; (vi) Twelve (12) months; (vii) Fifteen (15) months; (viii) Eighteen (18) months; (ix) Two (2) years; (x) Three (3) years; (xi) Four (4) years; (xii) Five (5) years; and (xiii) Six (6) years. (B) The option may provide that children's preventive healthcare services which are rendered during a periodic review shall: (i) Only be covered to the extent that these services are provided by or under the supervision of a single physician during the course of one (1) visit; and (ii) Be reimbursed at levels established by the Insurance Commissioner which shall not exceed those established for the same services under the Medicaid program in the State of Arkansas. (C) Copayment and deductible amounts shall not be greater than copayments and deductibles imposed for other physician's office visits; (5) A basic level of primary and preventive care, including two (2) office visits per calendar year for covered services rendered by a provider licensed to provide the services rendered; (6) Annual, lifetime, or other benefit limits in amounts not less than may be established by the commissioner but which initially shall be not less than one hundred thousand dollars ($100,000) as an annual benefit and two hundred fifty thousand dollars ($250,000) as a lifetime benefit; (7) Such waiting period, if any, as the commissioner may establish for transferring from any minimum basic benefit policy issued under this chapter by one (1) insurer to a minimum basic benefit policy issued under this chapter by another insurer; (8) (A) Every policy issued pursuant to this chapter which covers the insured and members of the insured's family shall include coverage for newborn infant children of the insured from the moment of birth, and for adopted minors from the date of the interlocutory decree of adoption. (B) The insurer may require that the insured give notice to his or her insurer of any newborn children within ninety (90) days following the birth of the newborn infant and of any adopted child within sixty (60) days of the date the insured has filed a petition to adopt. The coverage of newborn children or adopted children shall not be less than the same as is provided for other members of the insured's family; and (9) Such provisions, if any, as the commissioner may require, for: (A) An annual or other deductible or equivalent; (B) Patient copayments, including a differential, if any, for nonpreferred providers; (C) Annual stop loss amounts; (D) Continuation of coverage; (E) Conversion; (F) Replacement of prior carrier's coverage; (G) Exclusionary periods for preexisting conditions; and (H) Continuation of benefits. (b) Notwithstanding the provisions of subsection (a) of this section, the commissioner shall consider the cost impact and essential nature of each of such requirements as well as the competitive impact of such requirements, and may vary any of such requirements, add, fix, or remove requirements or establish alternative benefit methods to encourage participation of insurers in a manner consistent with meeting the goal of providing minimum basic health services at an affordable price to those eligible for coverage under this chapter. (c) The commissioner may authorize a waiver of any of the policy provisions required pursuant to this section or the commissioner's authority under this section in order to authorize a minimum basic benefit policy to be issued as a Medicaid supplement without requiring redundant coverage. (d) (1) Any minimum basic benefit policy issued pursuant to the provisions of this chapter may be issued without the provision of the benefits or requirements mandated by the following statutes to be included in or offered to be included in accident and health insurance or health maintenance organization policies or subscription contracts or rules issued pursuant to such statutes: §§ 23-79-129 , 23-79-130 , 23-79-137 , 23-79-139 - 23-79-141 , § 23-85-131(b) , § 23-85-137 , § 23-86-108(4) , § 23-86-108(7) , §§ 23-86-113 - 23-86-116 , and 23-86-118 . (2) However, nothing in this chapter shall: (A) Reduce any professional scope of practice as defined in the licensure law for any healthcare provider; (B) Authorize any discrimination not permitted under Arkansas law in payment or reimbursement for services; or (C) Be construed to repeal or eliminate the application of the Arkansas freedom of choice legislation, § 23-79-114 , or coordination of benefit statutes or rules to policies issued pursuant to this chapter. Amended by Act 2019, No. 315,§ 2797, eff. 7/24/2019. Acts 1991, No. 238, § 5; 2001, No. 1603, § 65.

(a) Minimum basic benefit policies offered under the authority of this chapter shall provide basic levels of primary, preventive, and hospital care, including, but not limited to, the following: (1) Fifteen (15) days of inpatient hospitalization coverage per policy year; (2) (A) As an option, prenatal care, including: (i) One (1) prenatal office visit per month during the first two (2) trimesters of pregnancy; (ii) Two (2) office visits per month during the seventh and eighth months of pregnancy; and (iii) One (1) office visit per week during the ninth month until term. (B) Coverage for each office visit shall include: (i) Necessary and appropriate screening, including history, physical examination, and such laboratory and diagnostic procedures as may be deemed appropriate by the physician based upon recognized medical criteria for the risk group of which the patient is a member; and (ii) Such prenatal counseling as the physician deems appropriate; (3) As an option, obstetrical care, including physicians' services, delivery room, and other medically necessary hospital services; (4) (A) As an option, coverage for children's preventive healthcare services on a periodic basis from birth through age six (6), including thirteen (13) visits at approximately the following age intervals: (i) Birth; (ii) Two (2) months; (iii) Four (4) months; (iv) Six (6) months; (v) Nine (9) months; (vi) Twelve (12) months; (vii) Fifteen (15) months; (viii) Eighteen (18) months; (ix) Two (2) years; (x) Three (3) years; (xi) Four (4) years; (xii) Five (5) years; and (xiii) Six (6) years. (B) The option may provide that children's preventive healthcare services which are rendered during a periodic review shall: (i) Only be covered to the extent that these services are provided by or under the supervision of a single physician during the course of one (1) visit; and (ii) Be reimbursed at levels established by the Insurance Commissioner which shall not exceed those established for the same services under the Medicaid program in the State of Arkansas. (C) Copayment and deductible amounts shall not be greater than copayments and deductibles imposed for other physician's office visits; (5) A basic level of primary and preventive care, including two (2) office visits per calendar year for covered services rendered by a provider licensed to provide the services rendered; (6) Annual, lifetime, or other benefit limits in amounts not less than may be established by the commissioner but which initially shall be not less than one hundred thousand dollars ($100,000) as an annual benefit and two hundred fifty thousand dollars ($250,000) as a lifetime benefit; (7) Such waiting period, if any, as the commissioner may establish for transferring from any minimum basic benefit policy issued under this chapter by one (1) insurer to a minimum basic benefit policy issued under this chapter by another insurer; (8) (A) Every policy issued pursuant to this chapter which covers the insured and members of the insured's family shall include coverage for newborn infant children of the insured from the moment of birth, and for adopted minors from the date of the interlocutory decree of adoption. (B) The insurer may require that the insured give notice to his or her insurer of any newborn children within ninety (90) days following the birth of the newborn infant and of any adopted child within sixty (60) days of the date the insured has filed a petition to adopt. The coverage of newborn children or adopted children shall not be less than the same as is provided for other members of the insured's family; and (9) Such provisions, if any, as the commissioner may require, for: (A) An annual or other deductible or equivalent; (B) Patient copayments, including a differential, if any, for nonpreferred providers; (C) Annual stop loss amounts; (D) Continuation of coverage; (E) Conversion; (F) Replacement of prior carrier's coverage; (G) Exclusionary periods for preexisting conditions; and (H) Continuation of benefits.

(1) Fifteen (15) days of inpatient hospitalization coverage per policy year;

(2) (A) As an option, prenatal care, including: (i) One (1) prenatal office visit per month during the first two (2) trimesters of pregnancy; (ii) Two (2) office visits per month during the seventh and eighth months of pregnancy; and (iii) One (1) office visit per week during the ninth month until term. (B) Coverage for each office visit shall include: (i) Necessary and appropriate screening, including history, physical examination, and such laboratory and diagnostic procedures as may be deemed appropriate by the physician based upon recognized medical criteria for the risk group of which the patient is a member; and (ii) Such prenatal counseling as the physician deems appropriate;

(A) As an option, prenatal care, including: (i) One (1) prenatal office visit per month during the first two (2) trimesters of pregnancy; (ii) Two (2) office visits per month during the seventh and eighth months of pregnancy; and (iii) One (1) office visit per week during the ninth month until term.

(i) One (1) prenatal office visit per month during the first two (2) trimesters of pregnancy;

(ii) Two (2) office visits per month during the seventh and eighth months of pregnancy; and

(iii) One (1) office visit per week during the ninth month until term.

(B) Coverage for each office visit shall include: (i) Necessary and appropriate screening, including history, physical examination, and such laboratory and diagnostic procedures as may be deemed appropriate by the physician based upon recognized medical criteria for the risk group of which the patient is a member; and (ii) Such prenatal counseling as the physician deems appropriate;

(i) Necessary and appropriate screening, including history, physical examination, and such laboratory and diagnostic procedures as may be deemed appropriate by the physician based upon recognized medical criteria for the risk group of which the patient is a member; and

(ii) Such prenatal counseling as the physician deems appropriate;

(3) As an option, obstetrical care, including physicians' services, delivery room, and other medically necessary hospital services;

(4) (A) As an option, coverage for children's preventive healthcare services on a periodic basis from birth through age six (6), including thirteen (13) visits at approximately the following age intervals: (i) Birth; (ii) Two (2) months; (iii) Four (4) months; (iv) Six (6) months; (v) Nine (9) months; (vi) Twelve (12) months; (vii) Fifteen (15) months; (viii) Eighteen (18) months; (ix) Two (2) years; (x) Three (3) years; (xi) Four (4) years; (xii) Five (5) years; and (xiii) Six (6) years. (B) The option may provide that children's preventive healthcare services which are rendered during a periodic review shall: (i) Only be covered to the extent that these services are provided by or under the supervision of a single physician during the course of one (1) visit; and (ii) Be reimbursed at levels established by the Insurance Commissioner which shall not exceed those established for the same services under the Medicaid program in the State of Arkansas. (C) Copayment and deductible amounts shall not be greater than copayments and deductibles imposed for other physician's office visits;

(A) As an option, coverage for children's preventive healthcare services on a periodic basis from birth through age six (6), including thirteen (13) visits at approximately the following age intervals: (i) Birth; (ii) Two (2) months; (iii) Four (4) months; (iv) Six (6) months; (v) Nine (9) months; (vi) Twelve (12) months; (vii) Fifteen (15) months; (viii) Eighteen (18) months; (ix) Two (2) years; (x) Three (3) years; (xi) Four (4) years; (xii) Five (5) years; and (xiii) Six (6) years.

(i) Birth;

(ii) Two (2) months;

(iii) Four (4) months;

(iv) Six (6) months;

(v) Nine (9) months;

(vi) Twelve (12) months;

(vii) Fifteen (15) months;

(viii) Eighteen (18) months;

(ix) Two (2) years;

(x) Three (3) years;

(xi) Four (4) years;

(xii) Five (5) years; and

(xiii) Six (6) years.

(B) The option may provide that children's preventive healthcare services which are rendered during a periodic review shall: (i) Only be covered to the extent that these services are provided by or under the supervision of a single physician during the course of one (1) visit; and (ii) Be reimbursed at levels established by the Insurance Commissioner which shall not exceed those established for the same services under the Medicaid program in the State of Arkansas.

(i) Only be covered to the extent that these services are provided by or under the supervision of a single physician during the course of one (1) visit; and

(ii) Be reimbursed at levels established by the Insurance Commissioner which shall not exceed those established for the same services under the Medicaid program in the State of Arkansas.

(C) Copayment and deductible amounts shall not be greater than copayments and deductibles imposed for other physician's office visits;

(5) A basic level of primary and preventive care, including two (2) office visits per calendar year for covered services rendered by a provider licensed to provide the services rendered;

(6) Annual, lifetime, or other benefit limits in amounts not less than may be established by the commissioner but which initially shall be not less than one hundred thousand dollars ($100,000) as an annual benefit and two hundred fifty thousand dollars ($250,000) as a lifetime benefit;

(7) Such waiting period, if any, as the commissioner may establish for transferring from any minimum basic benefit policy issued under this chapter by one (1) insurer to a minimum basic benefit policy issued under this chapter by another insurer;

(8) (A) Every policy issued pursuant to this chapter which covers the insured and members of the insured's family shall include coverage for newborn infant children of the insured from the moment of birth, and for adopted minors from the date of the interlocutory decree of adoption. (B) The insurer may require that the insured give notice to his or her insurer of any newborn children within ninety (90) days following the birth of the newborn infant and of any adopted child within sixty (60) days of the date the insured has filed a petition to adopt. The coverage of newborn children or adopted children shall not be less than the same as is provided for other members of the insured's family; and

(A) Every policy issued pursuant to this chapter which covers the insured and members of the insured's family shall include coverage for newborn infant children of the insured from the moment of birth, and for adopted minors from the date of the interlocutory decree of adoption.

(B) The insurer may require that the insured give notice to his or her insurer of any newborn children within ninety (90) days following the birth of the newborn infant and of any adopted child within sixty (60) days of the date the insured has filed a petition to adopt. The coverage of newborn children or adopted children shall not be less than the same as is provided for other members of the insured's family; and

(9) Such provisions, if any, as the commissioner may require, for: (A) An annual or other deductible or equivalent; (B) Patient copayments, including a differential, if any, for nonpreferred providers; (C) Annual stop loss amounts; (D) Continuation of coverage; (E) Conversion; (F) Replacement of prior carrier's coverage; (G) Exclusionary periods for preexisting conditions; and (H) Continuation of benefits.

(A) An annual or other deductible or equivalent;

(B) Patient copayments, including a differential, if any, for nonpreferred providers;

(C) Annual stop loss amounts;

(D) Continuation of coverage;

(E) Conversion;

(F) Replacement of prior carrier's coverage;

(G) Exclusionary periods for preexisting conditions; and

(H) Continuation of benefits.

(b) Notwithstanding the provisions of subsection (a) of this section, the commissioner shall consider the cost impact and essential nature of each of such requirements as well as the competitive impact of such requirements, and may vary any of such requirements, add, fix, or remove requirements or establish alternative benefit methods to encourage participation of insurers in a manner consistent with meeting the goal of providing minimum basic health services at an affordable price to those eligible for coverage under this chapter.

(c) The commissioner may authorize a waiver of any of the policy provisions required pursuant to this section or the commissioner's authority under this section in order to authorize a minimum basic benefit policy to be issued as a Medicaid supplement without requiring redundant coverage.

(d) (1) Any minimum basic benefit policy issued pursuant to the provisions of this chapter may be issued without the provision of the benefits or requirements mandated by the following statutes to be included in or offered to be included in accident and health insurance or health maintenance organization policies or subscription contracts or rules issued pursuant to such statutes: §§ 23-79-129 , 23-79-130 , 23-79-137 , 23-79-139 - 23-79-141 , § 23-85-131(b) , § 23-85-137 , § 23-86-108(4) , § 23-86-108(7) , §§ 23-86-113 - 23-86-116 , and 23-86-118 . (2) However, nothing in this chapter shall: (A) Reduce any professional scope of practice as defined in the licensure law for any healthcare provider; (B) Authorize any discrimination not permitted under Arkansas law in payment or reimbursement for services; or (C) Be construed to repeal or eliminate the application of the Arkansas freedom of choice legislation, § 23-79-114 , or coordination of benefit statutes or rules to policies issued pursuant to this chapter.

(1) Any minimum basic benefit policy issued pursuant to the provisions of this chapter may be issued without the provision of the benefits or requirements mandated by the following statutes to be included in or offered to be included in accident and health insurance or health maintenance organization policies or subscription contracts or rules issued pursuant to such statutes: §§ 23-79-129 , 23-79-130 , 23-79-137 , 23-79-139 - 23-79-141 , § 23-85-131(b) , § 23-85-137 , § 23-86-108(4) , § 23-86-108(7) , §§ 23-86-113 - 23-86-116 , and 23-86-118 .

(2) However, nothing in this chapter shall: (A) Reduce any professional scope of practice as defined in the licensure law for any healthcare provider; (B) Authorize any discrimination not permitted under Arkansas law in payment or reimbursement for services; or (C) Be construed to repeal or eliminate the application of the Arkansas freedom of choice legislation, § 23-79-114 , or coordination of benefit statutes or rules to policies issued pursuant to this chapter.

(A) Reduce any professional scope of practice as defined in the licensure law for any healthcare provider;

(B) Authorize any discrimination not permitted under Arkansas law in payment or reimbursement for services; or

(C) Be construed to repeal or eliminate the application of the Arkansas freedom of choice legislation, § 23-79-114 , or coordination of benefit statutes or rules to policies issued pursuant to this chapter.

Amended by Act 2019, No. 315,§ 2797, eff. 7/24/2019.

Acts 1991, No. 238, § 5; 2001, No. 1603, § 65.
Ark. Code Ann. § 23-99-1004 — AR Code / Title 23 / Chapter 99 / Subchapter 10 / Section 23-99-1004
Private civil action
Status: in_force

(a) A vision care provider adversely affected by any violation of this subchapter by an insurer, vision care plan, or a vision care discount plan may bring a civil action in a court of competent jurisdiction against the insurer, vision care plan, or a vision care discount plan for injunctive relief. (b) If a person prevails in the civil action under subsection (a) of this section, the person shall recover: (1) Monetary damages not less than one thousand dollars ($1,000); (2) Three (3) times the amount of actual damages, if any; and (3) Reasonable attorney's fees, costs, and any other proper relief. Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.

(a) A vision care provider adversely affected by any violation of this subchapter by an insurer, vision care plan, or a vision care discount plan may bring a civil action in a court of competent jurisdiction against the insurer, vision care plan, or a vision care discount plan for injunctive relief.

(b) If a person prevails in the civil action under subsection (a) of this section, the person shall recover: (1) Monetary damages not less than one thousand dollars ($1,000); (2) Three (3) times the amount of actual damages, if any; and (3) Reasonable attorney's fees, costs, and any other proper relief.

(1) Monetary damages not less than one thousand dollars ($1,000);

(2) Three (3) times the amount of actual damages, if any; and

(3) Reasonable attorney's fees, costs, and any other proper relief.

Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-89-217 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-217
Insurance coverage for peer-to-peer car-sharing programs - Scope - Definitions
Status: in_force

(a) As used in this section: (1) "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location designated in a peer-to-peer car-sharing program agreement of the car-sharing start time, if applicable, as documented by a peer-to-peer car-sharing program agreement; (2) "Car-sharing period" means a period of time: (A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or (B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time; (3) "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of the shared-vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car-sharing program; (4) "Car-sharing termination time" means the earliest of the following events: (A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement; (B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or (C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner; (5) (A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car sharing" does not mean the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ; (6) (A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration. (B) "Peer-to-peer car-sharing program" does not mean: (i) A rental company as defined in § 23-64-202 ; (ii) A person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) A provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; (7) (A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver; (8) (A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program. (B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ; (9) "Shared-vehicle driver" means an individual who is authorized to drive a shared vehicle by a shared-vehicle owner under a peer-to-peer car-sharing program agreement; and (10) (A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program. (B) "Shared-vehicle owner" does not mean a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq. (b) (1) An insurer that is licensed to write motor vehicle liability insurance in this state may exclude coverage and deny the duty to defend or indemnify for a claim under a shared-vehicle owner's motor vehicle liability insurance policy. (2) (A) The right to exclude all coverage under subdivision (b)(1) of this section may apply to any coverage included in a shared-vehicle owner's motor vehicle liability insurance policy, including without limitation: (i) Liability coverage for bodily injury and property damage; (ii) Uninsured and underinsured motorist coverage; (iii) Medical payments coverage; (iv) Comprehensive physical damage coverage; and (v) Collision physical damage coverage. (B) The exclusions in subdivision (b)(2)(A) of this section apply notwithstanding any requirement of the: (i) Insurance laws of this state; or (ii) Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq. (c) This section and the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., do not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including without limitation a policy in use or approved for use in this state before August 1, 2023, that excludes coverage for a motor vehicle that is rented or that is engaged in commercial use. (d) This section and the Peer-to-Peer Car-Sharing Program Act, § 27-25-101 et seq., do not invalidate, limit, or restrict an insurer's ability under existing law to: (1) Underwrite any insurance policy; or (2) Cancel or decline to renew any insurance policy. (e) (1) Notwithstanding any other law to the contrary, a peer-to-peer car-sharing program has an insurable interest in a shared vehicle during a car-sharing period. (2) A peer-to-peer car-sharing program may own and maintain as the named insured one (1) or more policies of motor vehicle liability insurance that provides coverage for any: (A) Liability assumed by a peer-to-peer car-sharing program under a peer-to-peer car-sharing program agreement; (B) Liability of a shared-vehicle owner; (C) Liability of a shared-vehicle driver; or (D) Damage or loss to a shared vehicle. (f) This section does not impose liability on a peer-to-peer car-sharing program to maintain insurance coverage beyond the extent mandated by § 27-25-103 . (g) This section is intended to govern the intersection of peer-to-peer car services and the state-regulated business of insurance. (h) This section shall not be construed to extend beyond insurance or have any implications for other Arkansas laws, including without limitation laws related to motor vehicle registration, airport regulation, or taxation. Added by Act 2023, No. 686,§ 2, eff. 8/1/2023.

(a) As used in this section: (1) "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location designated in a peer-to-peer car-sharing program agreement of the car-sharing start time, if applicable, as documented by a peer-to-peer car-sharing program agreement; (2) "Car-sharing period" means a period of time: (A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or (B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time; (3) "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of the shared-vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car-sharing program; (4) "Car-sharing termination time" means the earliest of the following events: (A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement; (B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or (C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner; (5) (A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car sharing" does not mean the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ; (6) (A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration. (B) "Peer-to-peer car-sharing program" does not mean: (i) A rental company as defined in § 23-64-202 ; (ii) A person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) A provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; (7) (A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver; (8) (A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program. (B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ; (9) "Shared-vehicle driver" means an individual who is authorized to drive a shared vehicle by a shared-vehicle owner under a peer-to-peer car-sharing program agreement; and (10) (A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program. (B) "Shared-vehicle owner" does not mean a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

(1) "Car-sharing delivery period" means the period of time during which a shared vehicle is being delivered to the location designated in a peer-to-peer car-sharing program agreement of the car-sharing start time, if applicable, as documented by a peer-to-peer car-sharing program agreement;

(2) "Car-sharing period" means a period of time: (A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or (B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time;

(A) That commences with the car-sharing delivery period and ends at the car-sharing termination time; or

(B) If there is no car-sharing delivery period, that commences with the car-sharing start time and ends at the car-sharing termination time;

(3) "Car-sharing start time" means the time when a shared vehicle becomes subject to the control of the shared-vehicle driver at or after the time the reservation of a shared vehicle is scheduled to begin as documented in the records of a peer-to-peer car-sharing program;

(4) "Car-sharing termination time" means the earliest of the following events: (A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement; (B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or (C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner;

(A) The expiration of the agreed-upon period of time established for the use of a shared vehicle according to the terms of the peer-to-peer car-sharing program agreement if the shared vehicle is delivered to the location agreed to in the peer-to-peer car-sharing program agreement;

(B) The return of the shared vehicle to an alternative location agreed upon by the shared-vehicle owner and the shared-vehicle driver communicated through a peer-to-peer car-sharing program agreement, which alternatively-agreed-upon-location shall be incorporated into the peer-to-peer car-sharing program agreement; or

(C) The taking of possession and control of the shared vehicle by the shared-vehicle owner or an authorized designee of the shared-vehicle owner;

(5) (A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car sharing" does not mean the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ;

(A) "Peer-to-peer car sharing" means the authorized use of a motor vehicle by an individual other than the owner of the motor vehicle through a peer-to-peer car-sharing program.

(B) "Peer-to-peer car sharing" does not mean the: (i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ; (ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or (iii) Renting of a motor vehicle to another under § 27-16-605 ;

(i) Services offered by a rental company that provides a rental vehicle under a rental agreement under § 23-64-202 ;

(ii) Services provided under the Transportation Network Company Services Act, § 23-13-701 et seq.; or

(iii) Renting of a motor vehicle to another under § 27-16-605 ;

(6) (A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration. (B) "Peer-to-peer car-sharing program" does not mean: (i) A rental company as defined in § 23-64-202 ; (ii) A person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) A provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.;

(A) "Peer-to-peer car-sharing program" means a business platform that connects an owner of a motor vehicle with a driver to enable the sharing of a motor vehicle for financial consideration.

(B) "Peer-to-peer car-sharing program" does not mean: (i) A rental company as defined in § 23-64-202 ; (ii) A person or entity renting a motor vehicle to another person or entity under § 27-16-605 ; (iii) A provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.;

(i) A rental company as defined in § 23-64-202 ;

(ii) A person or entity renting a motor vehicle to another person or entity under § 27-16-605 ;

(iii) A provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or

(iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.;

(7) (A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program. (B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver;

(A) "Peer-to-peer car-sharing program agreement" means the terms and conditions applicable to a shared-vehicle owner and a shared-vehicle driver that govern the use of a shared vehicle through a peer-to-peer car-sharing program.

(B) "Peer-to-peer car-sharing program agreement" does not mean: (i) A rental agreement as defined in § 23-64-202 ; or (ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver;

(i) A rental agreement as defined in § 23-64-202 ; or

(ii) Any agreement for the rental or use of a vehicle with a person or entity engaged in the business of renting a motor vehicle without a driver;

(8) (A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program. (B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ;

(A) "Shared vehicle" means a motor vehicle that is available for sharing through a peer-to-peer car-sharing program.

(B) "Shared vehicle" does not mean a: (i) Vehicle or rental vehicle as defined in § 23-64-202 ; or (ii) Motor vehicle that is rented under § 27-16-605 ;

(i) Vehicle or rental vehicle as defined in § 23-64-202 ; or

(ii) Motor vehicle that is rented under § 27-16-605 ;

(9) "Shared-vehicle driver" means an individual who is authorized to drive a shared vehicle by a shared-vehicle owner under a peer-to-peer car-sharing program agreement; and

(10) (A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program. (B) "Shared-vehicle owner" does not mean a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

(A) "Shared-vehicle owner" means the registered owner, or a person or entity designated by the registered owner, of a motor vehicle made available for sharing to a shared-vehicle driver through a peer-to-peer car-sharing program.

(B) "Shared-vehicle owner" does not mean a: (i) Rental company as defined in § 23-64-202 ; (ii) Person or entity renting a motor vehicle to another under § 27-16-605 ; (iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or (iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

(i) Rental company as defined in § 23-64-202 ;

(ii) Person or entity renting a motor vehicle to another under § 27-16-605 ;

(iii) Provider who is solely providing hardware or software as a service to a person or entity that is not effectuating payment of financial consideration for use of a shared vehicle; or

(iv) Service provided under the Transportation Network Company Services Act, § 23-13-701 et seq.

(b) (1) An insurer that is licensed to write motor vehicle liability insurance in this state may exclude coverage and deny the duty to defend or indemnify for a claim under a shared-vehicle owner's motor vehicle liability insurance policy. (2) (A) The right to exclude all coverage under subdivision (b)(1) of this section may apply to any coverage included in a shared-vehicle owner's motor vehicle liability insurance policy, including without limitation: (i) Liability coverage for bodily injury and property damage; (ii) Uninsured and underinsured motorist coverage; (iii) Medical payments coverage; (iv) Comprehensive physical damage coverage; and (v) Collision physical damage coverage. (B) The exclusions in subdivision (b)(2)(A) of this section apply notwithstanding any requirement of the: (i) Insurance laws of this state; or (ii) Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(1) An insurer that is licensed to write motor vehicle liability insurance in this state may exclude coverage and deny the duty to defend or indemnify for a claim under a shared-vehicle owner's motor vehicle liability insurance policy.

(2) (A) The right to exclude all coverage under subdivision (b)(1) of this section may apply to any coverage included in a shared-vehicle owner's motor vehicle liability insurance policy, including without limitation: (i) Liability coverage for bodily injury and property damage; (ii) Uninsured and underinsured motorist coverage; (iii) Medical payments coverage; (iv) Comprehensive physical damage coverage; and (v) Collision physical damage coverage. (B) The exclusions in subdivision (b)(2)(A) of this section apply notwithstanding any requirement of the: (i) Insurance laws of this state; or (ii) Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(A) The right to exclude all coverage under subdivision (b)(1) of this section may apply to any coverage included in a shared-vehicle owner's motor vehicle liability insurance policy, including without limitation: (i) Liability coverage for bodily injury and property damage; (ii) Uninsured and underinsured motorist coverage; (iii) Medical payments coverage; (iv) Comprehensive physical damage coverage; and (v) Collision physical damage coverage.

(i) Liability coverage for bodily injury and property damage;

(ii) Uninsured and underinsured motorist coverage;

(iii) Medical payments coverage;

(iv) Comprehensive physical damage coverage; and

(v) Collision physical damage coverage.

(B) The exclusions in subdivision (b)(2)(A) of this section apply notwithstanding any requirement of the: (i) Insurance laws of this state; or (ii) Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(i) Insurance laws of this state; or

(ii) Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq.

(c) This section and the Motor Vehicle Safety Responsibility Act, § 27-19-101 et seq., do not invalidate or limit an exclusion contained in a motor vehicle liability insurance policy, including without limitation a policy in use or approved for use in this state before August 1, 2023, that excludes coverage for a motor vehicle that is rented or that is engaged in commercial use.

(d) This section and the Peer-to-Peer Car-Sharing Program Act, § 27-25-101 et seq., do not invalidate, limit, or restrict an insurer's ability under existing law to: (1) Underwrite any insurance policy; or (2) Cancel or decline to renew any insurance policy.

(1) Underwrite any insurance policy; or

(2) Cancel or decline to renew any insurance policy.

(e) (1) Notwithstanding any other law to the contrary, a peer-to-peer car-sharing program has an insurable interest in a shared vehicle during a car-sharing period. (2) A peer-to-peer car-sharing program may own and maintain as the named insured one (1) or more policies of motor vehicle liability insurance that provides coverage for any: (A) Liability assumed by a peer-to-peer car-sharing program under a peer-to-peer car-sharing program agreement; (B) Liability of a shared-vehicle owner; (C) Liability of a shared-vehicle driver; or (D) Damage or loss to a shared vehicle.

(1) Notwithstanding any other law to the contrary, a peer-to-peer car-sharing program has an insurable interest in a shared vehicle during a car-sharing period.

(2) A peer-to-peer car-sharing program may own and maintain as the named insured one (1) or more policies of motor vehicle liability insurance that provides coverage for any: (A) Liability assumed by a peer-to-peer car-sharing program under a peer-to-peer car-sharing program agreement; (B) Liability of a shared-vehicle owner; (C) Liability of a shared-vehicle driver; or (D) Damage or loss to a shared vehicle.

(A) Liability assumed by a peer-to-peer car-sharing program under a peer-to-peer car-sharing program agreement;

(B) Liability of a shared-vehicle owner;

(C) Liability of a shared-vehicle driver; or

(D) Damage or loss to a shared vehicle.

(f) This section does not impose liability on a peer-to-peer car-sharing program to maintain insurance coverage beyond the extent mandated by § 27-25-103 .

(g) This section is intended to govern the intersection of peer-to-peer car services and the state-regulated business of insurance.

(h) This section shall not be construed to extend beyond insurance or have any implications for other Arkansas laws, including without limitation laws related to motor vehicle registration, airport regulation, or taxation.

Added by Act 2023, No. 686,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 23-112-1009 — AR Code / Title 23 / Chapter 112 / Subchapter 10 / Section 23-112-1009
Expiration of license
Status: in_force

Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to: (1) Recreational vehicle manufacturers, distributors, and their representatives expire June 30 following the date of issue; and (2) Recreational vehicle dealers expire December 31 following the date of issue. Amended by Act 2021, No. 504,§ 18, eff. 7/28/2021. Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.

Unless the Arkansas Motor Vehicle Commission by rule provides to the contrary, all licenses issued to:

(1) Recreational vehicle manufacturers, distributors, and their representatives expire June 30 following the date of issue; and

(2) Recreational vehicle dealers expire December 31 following the date of issue.

Amended by Act 2021, No. 504,§ 18, eff. 7/28/2021.

Added by Act 2013, No. 1043,§ 10, eff. 1/1/2014.
Ark. Code Ann. § 23-17-104 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-104
Right of entry for construction - Liability for damages
Status: in_force

Wherever any telegraph or telephone company desires to construct its lines on or along the lands of individuals, on the right-of-way and structures of any railroads, or upon and along any turnpike, the telegraph or telephone company by its agents may have the right to peacefully enter upon the lands, structures, or right-of-way and survey, locate, and lay out its lines thereon, being liable, however, for any damage that may result by reason of such acts. Acts 1885, No. 107, § 3, p. 176; C. & M. Dig., § 3991; Pope's Dig., § 4993; A.S.A. 1947, § 73-1804.

Wherever any telegraph or telephone company desires to construct its lines on or along the lands of individuals, on the right-of-way and structures of any railroads, or upon and along any turnpike, the telegraph or telephone company by its agents may have the right to peacefully enter upon the lands, structures, or right-of-way and survey, locate, and lay out its lines thereon, being liable, however, for any damage that may result by reason of such acts.

Acts 1885, No. 107, § 3, p. 176; C. & M. Dig., § 3991; Pope's Dig., § 4993; A.S.A. 1947, § 73-1804.
Ark. Code Ann. § 23-2-409 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-409
Subpoenas - Failure to comply - Penalty
Status: in_force

The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the Arkansas Public Service Commission or the Arkansas Department of Transportation and to submit them to the inspection of the commission or the department or the refusal to answer any questions propounded by the commission or the department shall constitute a violation punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). Amended by Act 2017, No. 707,§ 101, eff. 8/1/2017. Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130; Acts 2005, No. 1994, § 146.

The failure or refusal of any witness to appear or to produce any books, papers, or documents required by the Arkansas Public Service Commission or the Arkansas Department of Transportation and to submit them to the inspection of the commission or the department or the refusal to answer any questions propounded by the commission or the department shall constitute a violation punishable by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).

Amended by Act 2017, No. 707,§ 101, eff. 8/1/2017.

Acts 1945, No. 40, § 2; A.S.A. 1947, § 73-130; Acts 2005, No. 1994, § 146.
Ark. Code Ann. § 23-3-601 — AR Code / Title 23 / Chapter 3 / Subchapter 6 / Section 23-3-601
Purpose - Petition for certificate
Status: in_force

(a) The General Assembly finds that the proportion of the state's population that is without access to service by a gas utility exceeds the proportion of the population that is without access to telephone or electric utility service. Therefore, the General Assembly declares it to be the intent and purpose of this subchapter to increase only the availability of natural gas through the procedures provided in this subchapter and not to make the procedures available to electric or telephone utilities. (b) A gas utility may at any time petition the Arkansas Public Service Commission for a certificate of extension project. By its petition, the gas utility requests commission authorization to commence an extension project, to expend funds on the extension project, and to concurrently seek commission approval of changes in rates and surcharges sufficient to recover, at the time the plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates. A petition for a certificate shall provide information about the proposed extension project, including without limitation the following: (1) An estimate of the cost of the extension project broken down into at least labor, materials, and overhead; (2) A schedule of estimated completion dates; (3) A brief description of the physical nature of the facilities, including pipe diameter and length of the extension in feet or miles; (4) Estimated sales volumes, estimated number and types of customers, growth rates, and expected revenues; (5) A calculation showing the amount of excess expenditures the gas utility expects to incur; (6) A detailed description of the economic benefit to the gas utility and the gas utility's existing ratepayers; and (7) An estimate of: (A) The surcharge for each class of customer consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges; or (B) The increase in rates for each class of customer if the investment is to be recovered by the gas utility under a formula rate review mechanism pursuant to the Formula Rate Review Act, § 23-4-1201 et seq. Amended by Act 2017, No. 280,§ 1, eff. 8/1/2017. Acts 1987, No. 150, § 2.

(a) The General Assembly finds that the proportion of the state's population that is without access to service by a gas utility exceeds the proportion of the population that is without access to telephone or electric utility service. Therefore, the General Assembly declares it to be the intent and purpose of this subchapter to increase only the availability of natural gas through the procedures provided in this subchapter and not to make the procedures available to electric or telephone utilities.

(b) A gas utility may at any time petition the Arkansas Public Service Commission for a certificate of extension project. By its petition, the gas utility requests commission authorization to commence an extension project, to expend funds on the extension project, and to concurrently seek commission approval of changes in rates and surcharges sufficient to recover, at the time the plant goes into service, the excess expenditures arising out of the extension projects that have been granted certificates. A petition for a certificate shall provide information about the proposed extension project, including without limitation the following: (1) An estimate of the cost of the extension project broken down into at least labor, materials, and overhead; (2) A schedule of estimated completion dates; (3) A brief description of the physical nature of the facilities, including pipe diameter and length of the extension in feet or miles; (4) Estimated sales volumes, estimated number and types of customers, growth rates, and expected revenues; (5) A calculation showing the amount of excess expenditures the gas utility expects to incur; (6) A detailed description of the economic benefit to the gas utility and the gas utility's existing ratepayers; and (7) An estimate of: (A) The surcharge for each class of customer consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges; or (B) The increase in rates for each class of customer if the investment is to be recovered by the gas utility under a formula rate review mechanism pursuant to the Formula Rate Review Act, § 23-4-1201 et seq.

(1) An estimate of the cost of the extension project broken down into at least labor, materials, and overhead;

(2) A schedule of estimated completion dates;

(3) A brief description of the physical nature of the facilities, including pipe diameter and length of the extension in feet or miles;

(4) Estimated sales volumes, estimated number and types of customers, growth rates, and expected revenues;

(5) A calculation showing the amount of excess expenditures the gas utility expects to incur;

(6) A detailed description of the economic benefit to the gas utility and the gas utility's existing ratepayers; and

(7) An estimate of: (A) The surcharge for each class of customer consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges; or (B) The increase in rates for each class of customer if the investment is to be recovered by the gas utility under a formula rate review mechanism pursuant to the Formula Rate Review Act, § 23-4-1201 et seq.

(A) The surcharge for each class of customer consistent with the most recent determination by the commission in its order addressing the gas utility's most recent application for a general change or modification in its rates and charges; or

(B) The increase in rates for each class of customer if the investment is to be recovered by the gas utility under a formula rate review mechanism pursuant to the Formula Rate Review Act, § 23-4-1201 et seq.

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

Acts 1987, No. 150, § 2.
Ark. Code Ann. § 23-99-1003 — AR Code / Title 23 / Chapter 99 / Subchapter 10 / Section 23-99-1003
Prohibited practices - Agreements
Status: in_force

(a) A participating provider agreement between an insurer, vision care plan, or vision care discount plan and a vision care provider shall not establish a fee that a vision care provider shall charge for services or materials that are not covered by a vision benefit plan or contract. (b) A vision care provider shall not charge a fee for services or materials that is more than the vision care provider's normal rate for the services or materials if the services or materials are noncovered services or noncovered materials. (c) (1) An insurer, vision care plan, or vision care discount plan shall not require a vision care provider to apply a discount to an individual who is insured by the insurer with a participating vision care provider for noncovered services or noncovered materials. (2) An insurer, vision care plan, or vision care discount plan shall not avoid the restriction under subdivision (c)(1) of this section by providing minimal reimbursement for a service or materials to apply a discount. (d) A participating provider agreement between an insurer, vision care plan, or vision care discount plan and a vision care provider shall not require that a vision care provider participate with or be credentialed by any specific vision care plan or vision care discount plan as a condition to join an insurer's provider panel. (e) A participating provider agreement between an insurer, vision care plan, or vision care discount plan and a vision care provider shall not restrict or limit, directly or indirectly, the vision care provider's choice of optical labs or choice of sources and suppliers of services or materials provided by the vision care provider to an individual who is insured by the insurer. (f) The terms, discounts, and reimbursement rates in a participating contract between an insurer, vision care plan, or vision care discount plan with a vision care provider shall not be modified during the term of a participating contract absent written authorization from the vision care provider. (g) An optician licensed under the Ophthalmic Dispensing Act, § 17-89-101 et seq., is subject to: (1) Subsections (c) and (e) of this section; and (2) Subsection (b) of this section in regard to materials. Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.

(a) A participating provider agreement between an insurer, vision care plan, or vision care discount plan and a vision care provider shall not establish a fee that a vision care provider shall charge for services or materials that are not covered by a vision benefit plan or contract.

(b) A vision care provider shall not charge a fee for services or materials that is more than the vision care provider's normal rate for the services or materials if the services or materials are noncovered services or noncovered materials.

(c) (1) An insurer, vision care plan, or vision care discount plan shall not require a vision care provider to apply a discount to an individual who is insured by the insurer with a participating vision care provider for noncovered services or noncovered materials. (2) An insurer, vision care plan, or vision care discount plan shall not avoid the restriction under subdivision (c)(1) of this section by providing minimal reimbursement for a service or materials to apply a discount.

(1) An insurer, vision care plan, or vision care discount plan shall not require a vision care provider to apply a discount to an individual who is insured by the insurer with a participating vision care provider for noncovered services or noncovered materials.

(2) An insurer, vision care plan, or vision care discount plan shall not avoid the restriction under subdivision (c)(1) of this section by providing minimal reimbursement for a service or materials to apply a discount.

(d) A participating provider agreement between an insurer, vision care plan, or vision care discount plan and a vision care provider shall not require that a vision care provider participate with or be credentialed by any specific vision care plan or vision care discount plan as a condition to join an insurer's provider panel.

(e) A participating provider agreement between an insurer, vision care plan, or vision care discount plan and a vision care provider shall not restrict or limit, directly or indirectly, the vision care provider's choice of optical labs or choice of sources and suppliers of services or materials provided by the vision care provider to an individual who is insured by the insurer.

(f) The terms, discounts, and reimbursement rates in a participating contract between an insurer, vision care plan, or vision care discount plan with a vision care provider shall not be modified during the term of a participating contract absent written authorization from the vision care provider.

(g) An optician licensed under the Ophthalmic Dispensing Act, § 17-89-101 et seq., is subject to: (1) Subsections (c) and (e) of this section; and (2) Subsection (b) of this section in regard to materials.

(1) Subsections (c) and (e) of this section; and

(2) Subsection (b) of this section in regard to materials.

Added by Act 2015, No. 959,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 23-17-122 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-122
Annual certification - Definition
Status: in_force

(a) As used in this section, "provider" means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as "VoIP", service, a commercial radio service, or a similar service. (b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the provider has implemented current and applicable technologies to identify and block telecommunications that violate § 4-88-107(a)(11) , § 4-88-108(a) , § 4-99-108(c) , or § 4-99-302(b) , as applicable, taking into consideration applicable state and federals laws, federal regulations, and costs. (c) (1) The commission shall promulgate rules necessary to implement this section. (2) (A) When adopting the initial rules to implement this section, the final rule shall be filed with the Secretary of State for adoption under § 25-15-204(f) : (i) On or before July 1, 2020; or (ii) If approval under § 10-3-309 has not occurred by July 1, 2020, as soon as practicable after approval under § 10-3-309 . (B) The commission shall file the proposed rule with the Legislative Council under § 10-3-309(c) sufficiently in advance of July 1, 2020, so that the Legislative Council may consider the rule for approval before July 1, 2020. (d) The commission shall have exclusive jurisdiction to hear and determine all complaints regarding a provider's compliance with this section. (e) A provider filing documentation under subsection (b) of this section shall be deemed to be in compliance with this section until the provider is subject to a final order issued by the commission finding the provider has failed to implement current and applicable technologies according to subsection (b) of this section. Amended by Act 2019, No. 1074,§ 2, eff. 4/16/2019. Added by Act 2019, No. 677,§ 9, eff. 7/24/2019.

(a) As used in this section, "provider" means an entity that provides a telecommunications service, a Voice over Internet Protocol, commonly known as "VoIP", service, a commercial radio service, or a similar service.

(b) Beginning July 1, 2019, and annually thereafter, a provider shall file with the Arkansas Public Service Commission documentation demonstrating that the provider has implemented current and applicable technologies to identify and block telecommunications that violate § 4-88-107(a)(11) , § 4-88-108(a) , § 4-99-108(c) , or § 4-99-302(b) , as applicable, taking into consideration applicable state and federals laws, federal regulations, and costs.

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

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

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

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

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

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

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

(d) The commission shall have exclusive jurisdiction to hear and determine all complaints regarding a provider's compliance with this section.

(e) A provider filing documentation under subsection (b) of this section shall be deemed to be in compliance with this section until the provider is subject to a final order issued by the commission finding the provider has failed to implement current and applicable technologies according to subsection (b) of this section.

Amended by Act 2019, No. 1074,§ 2, eff. 4/16/2019.

Added by Act 2019, No. 677,§ 9, eff. 7/24/2019.
Ark. Code Ann. § 23-61-803 — AR Code / Title 23 / Chapter 61 / Subchapter 8 / Section 23-61-803
Arkansas Health Insurance Marketplace
Status: in_force

(a) The Arkansas Health Insurance Marketplace is created as a division within the State Insurance Department. (b) The State Insurance Department shall plan and administer the Arkansas Health Insurance Marketplace and employ necessary staff. (c) The State Insurance Department shall keep an accurate accounting of all activities, receipts, and expenditures on behalf of the Arkansas Health Insurance Marketplace and report to the Legislative Council as requested by the Legislative Council. (d) The State Insurance Department may apply for and expend on behalf of the Arkansas Health Insurance Marketplace any state, federal, or private grant funds available to assist with the implementation and operation of the Arkansas Health Insurance Marketplace. (e) (1) The State Insurance Department may contract with eligible entities to assist with the planning, implementation, and operation of the Arkansas Health Insurance Marketplace. (2) For the purposes of this subsection: (A) An eligible entity includes without limitation an entity that has experience in individual and small group health insurance, benefit administration, or other experience relevant to the responsibilities to be assumed by the entity; and (B) A health insurer or an affiliate of a health insurer is not an eligible entity. (3) In contracting with an eligible entity under subdivision (e)(1) of this section, the State Insurance Department shall give preference to eligible entities that have relevant experience. (f) The State Insurance Department may enter into information-sharing agreements with federal and state agencies and other state marketplaces to carry out its responsibilities under this subchapter, provided such agreements: (1) Include adequate protections with respect to the confidentiality of the information to be shared; and (2) Comply with all applicable state and federal laws and regulations. (g) As a condition of participating in the Arkansas Health Insurance Marketplace, a health insurer shall pay the assessments, submit the reports, and provide the information required by the Insurance Commissioner to implement this subchapter. (h) The State Insurance Department and any eligible entity under subdivision (e)(2) of this section shall provide claims and other plan and enrollment data to the Department of Human Services upon request to: (1) Facilitate compliance with reporting requirements under state and federal law; and (2) Assess the performance of the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., including without limitation the program's quality, cost, and consumer access. (i) (1) The Legislative Council may study matters pertaining to this subchapter that the Legislative Council considers necessary to fulfill its mandate under this subchapter. (2) The Legislative Council may request reports from the Arkansas Health Insurance Marketplace pertaining to the operations, programs, or finances of the Arkansas Health Insurance Marketplace as it deems necessary. (3) Annually by December 15, the Legislative Council shall provide to the General Assembly any analysis or findings resulting from its activities under this section that the Legislative Council deems relevant. (4) (A) During a regular, fiscal, or extraordinary session of the General Assembly, the Joint Budget Committee shall perform the functions assigned to the Legislative Council under this subchapter. (B) This subsection does not limit the authority of the Legislative Council and its subcommittees to meet during a recess as authorized by § 10-2-223 or § 10-3-211 . (5) The Legislative Council and the Joint Budget Committee may: (A) Establish or utilize one (1) or more subcommittees to assist in the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter; (B) Assign information filed with the Legislative Council under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, including without limitation a subcommittee created under subdivision (i)(5)(A) of this section; and (C) Delegate the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, subject to the final review and approval of the Legislative Council or the Joint Budget Committee, respectively. Amended by Act 2021, No. 530,§ 4, eff. on and after January 1, 2022. Amended by Act 2019, No. 107,§ 2, eff. 3/15/2019. Amended by Act 2019, No. 910,§ 5240, eff. 7/1/2019. Amended by Act 2017EX1, No. 5,§ 5, eff. 5/4/2017. Amended by Act 2017EX1, No. 4,§ 5, eff. 5/4/2017. Amended by Act 2015, No. 1100,§ 57, eff. 7/22/2015. Amended by Act 2014, No. 282,§ 23, eff. 7/1/2014. Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.

(a) The Arkansas Health Insurance Marketplace is created as a division within the State Insurance Department.

(b) The State Insurance Department shall plan and administer the Arkansas Health Insurance Marketplace and employ necessary staff.

(c) The State Insurance Department shall keep an accurate accounting of all activities, receipts, and expenditures on behalf of the Arkansas Health Insurance Marketplace and report to the Legislative Council as requested by the Legislative Council.

(d) The State Insurance Department may apply for and expend on behalf of the Arkansas Health Insurance Marketplace any state, federal, or private grant funds available to assist with the implementation and operation of the Arkansas Health Insurance Marketplace.

(e) (1) The State Insurance Department may contract with eligible entities to assist with the planning, implementation, and operation of the Arkansas Health Insurance Marketplace. (2) For the purposes of this subsection: (A) An eligible entity includes without limitation an entity that has experience in individual and small group health insurance, benefit administration, or other experience relevant to the responsibilities to be assumed by the entity; and (B) A health insurer or an affiliate of a health insurer is not an eligible entity. (3) In contracting with an eligible entity under subdivision (e)(1) of this section, the State Insurance Department shall give preference to eligible entities that have relevant experience.

(1) The State Insurance Department may contract with eligible entities to assist with the planning, implementation, and operation of the Arkansas Health Insurance Marketplace.

(2) For the purposes of this subsection: (A) An eligible entity includes without limitation an entity that has experience in individual and small group health insurance, benefit administration, or other experience relevant to the responsibilities to be assumed by the entity; and (B) A health insurer or an affiliate of a health insurer is not an eligible entity.

(A) An eligible entity includes without limitation an entity that has experience in individual and small group health insurance, benefit administration, or other experience relevant to the responsibilities to be assumed by the entity; and

(B) A health insurer or an affiliate of a health insurer is not an eligible entity.

(3) In contracting with an eligible entity under subdivision (e)(1) of this section, the State Insurance Department shall give preference to eligible entities that have relevant experience.

(f) The State Insurance Department may enter into information-sharing agreements with federal and state agencies and other state marketplaces to carry out its responsibilities under this subchapter, provided such agreements: (1) Include adequate protections with respect to the confidentiality of the information to be shared; and (2) Comply with all applicable state and federal laws and regulations.

(1) Include adequate protections with respect to the confidentiality of the information to be shared; and

(2) Comply with all applicable state and federal laws and regulations.

(g) As a condition of participating in the Arkansas Health Insurance Marketplace, a health insurer shall pay the assessments, submit the reports, and provide the information required by the Insurance Commissioner to implement this subchapter.

(h) The State Insurance Department and any eligible entity under subdivision (e)(2) of this section shall provide claims and other plan and enrollment data to the Department of Human Services upon request to: (1) Facilitate compliance with reporting requirements under state and federal law; and (2) Assess the performance of the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., including without limitation the program's quality, cost, and consumer access.

(1) Facilitate compliance with reporting requirements under state and federal law; and

(2) Assess the performance of the Arkansas Health and Opportunity for Me Program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., including without limitation the program's quality, cost, and consumer access.

(i) (1) The Legislative Council may study matters pertaining to this subchapter that the Legislative Council considers necessary to fulfill its mandate under this subchapter. (2) The Legislative Council may request reports from the Arkansas Health Insurance Marketplace pertaining to the operations, programs, or finances of the Arkansas Health Insurance Marketplace as it deems necessary. (3) Annually by December 15, the Legislative Council shall provide to the General Assembly any analysis or findings resulting from its activities under this section that the Legislative Council deems relevant. (4) (A) During a regular, fiscal, or extraordinary session of the General Assembly, the Joint Budget Committee shall perform the functions assigned to the Legislative Council under this subchapter. (B) This subsection does not limit the authority of the Legislative Council and its subcommittees to meet during a recess as authorized by § 10-2-223 or § 10-3-211 . (5) The Legislative Council and the Joint Budget Committee may: (A) Establish or utilize one (1) or more subcommittees to assist in the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter; (B) Assign information filed with the Legislative Council under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, including without limitation a subcommittee created under subdivision (i)(5)(A) of this section; and (C) Delegate the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, subject to the final review and approval of the Legislative Council or the Joint Budget Committee, respectively.

(1) The Legislative Council may study matters pertaining to this subchapter that the Legislative Council considers necessary to fulfill its mandate under this subchapter.

(2) The Legislative Council may request reports from the Arkansas Health Insurance Marketplace pertaining to the operations, programs, or finances of the Arkansas Health Insurance Marketplace as it deems necessary.

(3) Annually by December 15, the Legislative Council shall provide to the General Assembly any analysis or findings resulting from its activities under this section that the Legislative Council deems relevant.

(4) (A) During a regular, fiscal, or extraordinary session of the General Assembly, the Joint Budget Committee shall perform the functions assigned to the Legislative Council under this subchapter. (B) This subsection does not limit the authority of the Legislative Council and its subcommittees to meet during a recess as authorized by § 10-2-223 or § 10-3-211 .

(A) During a regular, fiscal, or extraordinary session of the General Assembly, the Joint Budget Committee shall perform the functions assigned to the Legislative Council under this subchapter.

(B) This subsection does not limit the authority of the Legislative Council and its subcommittees to meet during a recess as authorized by § 10-2-223 or § 10-3-211 .

(5) The Legislative Council and the Joint Budget Committee may: (A) Establish or utilize one (1) or more subcommittees to assist in the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter; (B) Assign information filed with the Legislative Council under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, including without limitation a subcommittee created under subdivision (i)(5)(A) of this section; and (C) Delegate the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, subject to the final review and approval of the Legislative Council or the Joint Budget Committee, respectively.

(A) Establish or utilize one (1) or more subcommittees to assist in the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter;

(B) Assign information filed with the Legislative Council under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, including without limitation a subcommittee created under subdivision (i)(5)(A) of this section; and

(C) Delegate the duties of the Legislative Council or the Joint Budget Committee, respectively, under this subchapter to one (1) or more subcommittees of the Legislative Council or the Joint Budget Committee, respectively, subject to the final review and approval of the Legislative Council or the Joint Budget Committee, respectively.

Amended by Act 2021, No. 530,§ 4, eff. on and after January 1, 2022.

Amended by Act 2019, No. 107,§ 2, eff. 3/15/2019.

Amended by Act 2019, No. 910,§ 5240, eff. 7/1/2019.

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

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

Amended by Act 2015, No. 1100,§ 57, eff. 7/22/2015.

Amended by Act 2014, No. 282,§ 23, eff. 7/1/2014.

Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 23-87-109 — AR Code / Title 23 / Chapter 87 / Section 23-87-109
Term
Status: in_force

(a) (1) Subject to acceptance by the insurer, the term of any credit life insurance or credit disability insurance shall commence on the date when the debtor becomes obligated to the creditor. (2) However, when a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to that indebtedness shall commence on the effective date of the policy. (b) The term of the insurance shall not extend more than fifteen (15) days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor. (c) If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness. (d) In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in § 23-87-113 . Acts 1959, No. 148, § 433; A.S.A. 1947, § 66-3807.

(a) (1) Subject to acceptance by the insurer, the term of any credit life insurance or credit disability insurance shall commence on the date when the debtor becomes obligated to the creditor. (2) However, when a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to that indebtedness shall commence on the effective date of the policy.

(1) Subject to acceptance by the insurer, the term of any credit life insurance or credit disability insurance shall commence on the date when the debtor becomes obligated to the creditor.

(2) However, when a group policy provides coverage with respect to existing obligations, the insurance on a debtor with respect to that indebtedness shall commence on the effective date of the policy.

(b) The term of the insurance shall not extend more than fifteen (15) days beyond the scheduled maturity date of the indebtedness except when extended without additional cost to the debtor.

(c) If the indebtedness is discharged due to renewal or refinancing prior to the scheduled maturity date, the insurance in force shall be terminated before any new insurance may be issued in connection with the renewed or refinanced indebtedness.

(d) In all cases of termination prior to scheduled maturity, a refund shall be paid or credited as provided in § 23-87-113 .

Acts 1959, No. 148, § 433; A.S.A. 1947, § 66-3807.
Ark. Code Ann. § 23-66-312 — AR Code / Title 23 / Chapter 66 / Subchapter 3 / Section 23-66-312
Favored agent or insurer - Coercion of debtors
Status: in_force

(a) No person, including, but not limited to, depository institutions and affiliates of depository institutions, primary and secondary mortgagees, vendors, or lenders may: (1) Unreasonably disapprove the insurance policy or binder provided by a borrower for the protection of the property securing the credit or lien; (2) (A) Require, directly or indirectly, that any borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge in connection with the handling of any insurance policy or binder required as security for a loan on real estate or pay a separate charge to substitute the insurance policy or binder of one (1) insurer for that of another. (B) Subdivision (a)(2)(A) of this section does not apply to charges that would be required if the person or depository institution or affiliate of a depository institution is the licensed producer providing the insurance; or (3) Use or disclose information resulting from a requirement that a borrower, mortgagor, or purchaser furnish insurance of any kind when that information is to the advantage of the mortgagee, vendor, or lender or is to the detriment of the borrower, mortgagor, purchaser, insurer, or the agent or broker complying with this requirement. (b) (1) Subdivision (a)(2) of this section does not include the interest that may be charged on premium loans or premium advancements in accordance with the security instrument. (2) (A) For purposes of subdivision (a)(1) of this section, a rejection shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. (B) The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction. (3) Subdivision (a)(3) of this section does not restrict or limit the release of insurance information of a customer by a depository institution to any officer, director, employee, agent, or affiliate of the depository institution for the purpose of soliciting or selling insurance. (4) (A) The Insurance Commissioner may investigate the affairs of any person to whom this subsection applies to determine whether the person has violated this subsection. (B) If a violation of this subsection is found, the person in violation shall be subject to the same procedures and penalties as are applicable to §§ 23-66-203 , 23-66-206 , 23-66-207 , and 23-66-209 - 23-66-213 and shall be liable for actual or compensatory damages resulting from an unreasonable disapproval of an insurance policy or binder. (5) Once a binder has been issued, the insurer must issue a policy within ninety (90) days. (6) All information given on the binder must be without material change when the policy is issued. (c) The provisions of this section do not apply to credit-related insurance, such as credit life or credit accident and health insurance. Acts 1973, No. 41, § 9; A.S.A. 1947, § 66-3033; Acts 1987, No. 610, § 1; 2001, No. 1728, § 1; 2003, No. 1747, § 9.

(a) No person, including, but not limited to, depository institutions and affiliates of depository institutions, primary and secondary mortgagees, vendors, or lenders may: (1) Unreasonably disapprove the insurance policy or binder provided by a borrower for the protection of the property securing the credit or lien; (2) (A) Require, directly or indirectly, that any borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge in connection with the handling of any insurance policy or binder required as security for a loan on real estate or pay a separate charge to substitute the insurance policy or binder of one (1) insurer for that of another. (B) Subdivision (a)(2)(A) of this section does not apply to charges that would be required if the person or depository institution or affiliate of a depository institution is the licensed producer providing the insurance; or (3) Use or disclose information resulting from a requirement that a borrower, mortgagor, or purchaser furnish insurance of any kind when that information is to the advantage of the mortgagee, vendor, or lender or is to the detriment of the borrower, mortgagor, purchaser, insurer, or the agent or broker complying with this requirement.

(1) Unreasonably disapprove the insurance policy or binder provided by a borrower for the protection of the property securing the credit or lien;

(2) (A) Require, directly or indirectly, that any borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge in connection with the handling of any insurance policy or binder required as security for a loan on real estate or pay a separate charge to substitute the insurance policy or binder of one (1) insurer for that of another. (B) Subdivision (a)(2)(A) of this section does not apply to charges that would be required if the person or depository institution or affiliate of a depository institution is the licensed producer providing the insurance; or

(A) Require, directly or indirectly, that any borrower, mortgagor, purchaser, insurer, broker, or agent pay a separate charge in connection with the handling of any insurance policy or binder required as security for a loan on real estate or pay a separate charge to substitute the insurance policy or binder of one (1) insurer for that of another.

(B) Subdivision (a)(2)(A) of this section does not apply to charges that would be required if the person or depository institution or affiliate of a depository institution is the licensed producer providing the insurance; or

(3) Use or disclose information resulting from a requirement that a borrower, mortgagor, or purchaser furnish insurance of any kind when that information is to the advantage of the mortgagee, vendor, or lender or is to the detriment of the borrower, mortgagor, purchaser, insurer, or the agent or broker complying with this requirement.

(b) (1) Subdivision (a)(2) of this section does not include the interest that may be charged on premium loans or premium advancements in accordance with the security instrument. (2) (A) For purposes of subdivision (a)(1) of this section, a rejection shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. (B) The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction. (3) Subdivision (a)(3) of this section does not restrict or limit the release of insurance information of a customer by a depository institution to any officer, director, employee, agent, or affiliate of the depository institution for the purpose of soliciting or selling insurance. (4) (A) The Insurance Commissioner may investigate the affairs of any person to whom this subsection applies to determine whether the person has violated this subsection. (B) If a violation of this subsection is found, the person in violation shall be subject to the same procedures and penalties as are applicable to §§ 23-66-203 , 23-66-206 , 23-66-207 , and 23-66-209 - 23-66-213 and shall be liable for actual or compensatory damages resulting from an unreasonable disapproval of an insurance policy or binder. (5) Once a binder has been issued, the insurer must issue a policy within ninety (90) days. (6) All information given on the binder must be without material change when the policy is issued.

(1) Subdivision (a)(2) of this section does not include the interest that may be charged on premium loans or premium advancements in accordance with the security instrument.

(2) (A) For purposes of subdivision (a)(1) of this section, a rejection shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer. (B) The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction.

(A) For purposes of subdivision (a)(1) of this section, a rejection shall not be deemed unreasonable if it is based on uniformly applied reasonable standards relating to the extent of coverage required and the financial soundness and the services of an insurer.

(B) The standards shall not discriminate against any particular type of insurer, nor shall the standards call for rejection of a policy because it contains coverage in addition to that required in the credit transaction.

(3) Subdivision (a)(3) of this section does not restrict or limit the release of insurance information of a customer by a depository institution to any officer, director, employee, agent, or affiliate of the depository institution for the purpose of soliciting or selling insurance.

(4) (A) The Insurance Commissioner may investigate the affairs of any person to whom this subsection applies to determine whether the person has violated this subsection. (B) If a violation of this subsection is found, the person in violation shall be subject to the same procedures and penalties as are applicable to §§ 23-66-203 , 23-66-206 , 23-66-207 , and 23-66-209 - 23-66-213 and shall be liable for actual or compensatory damages resulting from an unreasonable disapproval of an insurance policy or binder.

(A) The Insurance Commissioner may investigate the affairs of any person to whom this subsection applies to determine whether the person has violated this subsection.

(B) If a violation of this subsection is found, the person in violation shall be subject to the same procedures and penalties as are applicable to §§ 23-66-203 , 23-66-206 , 23-66-207 , and 23-66-209 - 23-66-213 and shall be liable for actual or compensatory damages resulting from an unreasonable disapproval of an insurance policy or binder.

(5) Once a binder has been issued, the insurer must issue a policy within ninety (90) days.

(6) All information given on the binder must be without material change when the policy is issued.

(c) The provisions of this section do not apply to credit-related insurance, such as credit life or credit accident and health insurance.

Acts 1973, No. 41, § 9; A.S.A. 1947, § 66-3033; Acts 1987, No. 610, § 1; 2001, No. 1728, § 1; 2003, No. 1747, § 9.
Ark. Code Ann. § 23-4-203 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-203
Water, gas, or electricity - Utility bills must show units charged for
Status: in_force

(a) (1) All water, gas, or electric companies shall base their charges for their commodities upon the reading of the meters and shall charge for the commodities as per printed tables supplied to patrons. (2) The bills or statements rendered to patrons shall show the number of units charged for. (b) (1) Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility. (2) Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation. (3) The power and authority of the commission to impose the civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law. (4) The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund. (5) The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§ 23-2-422 - 23-2-424 . Acts 1905, No. 282, §§ 2, 3, p. 700; C. & M. Dig., §§ 7616, 7617; Pope's Dig., §§ 9726, 9727; Acts 1985, No. 688, § 2; A.S.A. 1947, §§ 73-211, 73-212.

(a) (1) All water, gas, or electric companies shall base their charges for their commodities upon the reading of the meters and shall charge for the commodities as per printed tables supplied to patrons. (2) The bills or statements rendered to patrons shall show the number of units charged for.

(1) All water, gas, or electric companies shall base their charges for their commodities upon the reading of the meters and shall charge for the commodities as per printed tables supplied to patrons.

(2) The bills or statements rendered to patrons shall show the number of units charged for.

(b) (1) Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility. (2) Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation. (3) The power and authority of the commission to impose the civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law. (4) The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund. (5) The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§ 23-2-422 - 23-2-424 .

(1) Upon a finding by the Arkansas Public Service Commission that any jurisdictional water, gas, telephone, or electric public utility has knowingly, willfully, and purposefully violated any of the provisions of this section, by agent or otherwise, the commission shall assess a civil sanction of one thousand dollars ($1,000) on the utility.

(2) Each instance of violation shall constitute a separate violation. However, in case of a continued violation, each day's continuance thereof shall not be deemed to be a separate and distinct violation.

(3) The power and authority of the commission to impose the civil sanctions are not to be affected by any other proceeding, civil or criminal, concerning the same violation, nor shall the imposition of the sanction preclude the commission from imposing other sanctions as are provided for by law.

(4) The proceeds from the civil sanctions imposed under this section shall be deposited into the State Treasury as special revenues and credited to the Public Service Commission Fund.

(5) The imposition of a civil sanction under this section is subject to review by the commission and by the Court of Appeals in the manner provided by §§ 23-2-422 - 23-2-424 .

Acts 1905, No. 282, §§ 2, 3, p. 700; C. & M. Dig., §§ 7616, 7617; Pope's Dig., §§ 9726, 9727; Acts 1985, No. 688, § 2; A.S.A. 1947, §§ 73-211, 73-212.
Ark. Code Ann. § 23-16-302 — AR Code / Title 23 / Chapter 16 / Subchapter 3 / Section 23-16-302
Uninsured motorist liability insurance - Carriage required - Amount
Status: in_force

Every common carrier, as defined by § 23-16-301 , shall carry uninsured motorist liability insurance or shall become a self-insurer, in not less than the limits described in § 27-19-605 , for the protection of passengers and operators of the common carrier who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease including death, resulting therefrom. Acts 1975, No. 893, § 2; A.S.A. 1947, § 73-2402; Acts 1987, No. 590, § 2.

Every common carrier, as defined by § 23-16-301 , shall carry uninsured motorist liability insurance or shall become a self-insurer, in not less than the limits described in § 27-19-605 , for the protection of passengers and operators of the common carrier who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, or disease including death, resulting therefrom.

Acts 1975, No. 893, § 2; A.S.A. 1947, § 73-2402; Acts 1987, No. 590, § 2.
Ark. Code Ann. § 23-89-211 — AR Code / Title 23 / Chapter 89 / Subchapter 2 / Section 23-89-211
Total loss settlements
Status: in_force

(a) If an insurer settles a claim for damages to an automobile as a total loss to its own insured or a person having a claim against its insured, the insurer shall include with the payment for the loss: (1) All applicable taxes, including sales taxes and fees as required under Rule and Regulation 43 of the State Insurance Department; and (2) An itemized list stating the amount of the claim attributable to the value of the automobile and attributable to the sales tax on an automobile of that value. (b) When settling a claim against an insured for damages to an automobile as a total loss, the insurer will take into consideration all applicable taxes, license fees, and other fees. (c) An insurer may not abandon salvage to a towing or storage facility in lieu of payment of towing and storage fees without the consent of the facility and the insured. (d) The failure of an insurer to comply with the requirements of subsections (a)-(c) of this section shall be considered an unfair claims settlement practice under § 23-66-206(13) . Acts 1999, No. 1291, § 1; 2001, No. 1553, § 52; 2003, No. 458, § 1; 2005, No. 2211, § 8.

(a) If an insurer settles a claim for damages to an automobile as a total loss to its own insured or a person having a claim against its insured, the insurer shall include with the payment for the loss: (1) All applicable taxes, including sales taxes and fees as required under Rule and Regulation 43 of the State Insurance Department; and (2) An itemized list stating the amount of the claim attributable to the value of the automobile and attributable to the sales tax on an automobile of that value.

(1) All applicable taxes, including sales taxes and fees as required under Rule and Regulation 43 of the State Insurance Department; and

(2) An itemized list stating the amount of the claim attributable to the value of the automobile and attributable to the sales tax on an automobile of that value.

(b) When settling a claim against an insured for damages to an automobile as a total loss, the insurer will take into consideration all applicable taxes, license fees, and other fees.

(c) An insurer may not abandon salvage to a towing or storage facility in lieu of payment of towing and storage fees without the consent of the facility and the insured.

(d) The failure of an insurer to comply with the requirements of subsections (a)-(c) of this section shall be considered an unfair claims settlement practice under § 23-66-206(13) .

Acts 1999, No. 1291, § 1; 2001, No. 1553, § 52; 2003, No. 458, § 1; 2005, No. 2211, § 8.
Ark. Code Ann. § 23-13-718 — AR Code / Title 23 / Chapter 13 / Subchapter 7 / Section 23-13-718
Records - Inspection
Status: in_force

(a) A transportation network company shall maintain: (1) Individual trip records for at least one (1) year from the date each trip was provided; (2) Transportation network company driver records for at least one (1) year from the date a transportation network company driver was active on the transportation network company's website, digital network, or software application; and (3) Any other records required by this subchapter. (b) In response to a specific complaint, the Arkansas Public Service Commission or its employees or duly authorized agents may inspect records held by a transportation network company that are needed to investigate or resolve the complaint. (c) (1) No more than annually as determined by rule of the commission, the commission or its employees or duly authorized agents may in a mutually agreed-upon setting inspect or, if inspection is not feasible, be provided copies of records required to be maintained by a transportation network company under this subchapter that are necessary to ensure public safety. (2) The inspection of records under subdivision (c)(1) of this section shall be on an audit rather than a comprehensive basis. (d) (1) Records obtained by the commission under this subchapter pertaining to transportation network company services, transportation network company drivers, or transportation network company drivers' motor vehicles: (A) Are not subject to disclosure to a third party by the commission; and (B) Are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) Nothing in this subsection shall be construed as limiting the applicability of any other exemptions under the Freedom of Information Act of 1967, § 25-19-101 et seq., to any other records obtained by the commission under this subchapter. Amended by Act 2019, No. 315,§ 2453, eff. 7/24/2019. Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.

(a) A transportation network company shall maintain: (1) Individual trip records for at least one (1) year from the date each trip was provided; (2) Transportation network company driver records for at least one (1) year from the date a transportation network company driver was active on the transportation network company's website, digital network, or software application; and (3) Any other records required by this subchapter.

(1) Individual trip records for at least one (1) year from the date each trip was provided;

(2) Transportation network company driver records for at least one (1) year from the date a transportation network company driver was active on the transportation network company's website, digital network, or software application; and

(3) Any other records required by this subchapter.

(b) In response to a specific complaint, the Arkansas Public Service Commission or its employees or duly authorized agents may inspect records held by a transportation network company that are needed to investigate or resolve the complaint.

(c) (1) No more than annually as determined by rule of the commission, the commission or its employees or duly authorized agents may in a mutually agreed-upon setting inspect or, if inspection is not feasible, be provided copies of records required to be maintained by a transportation network company under this subchapter that are necessary to ensure public safety. (2) The inspection of records under subdivision (c)(1) of this section shall be on an audit rather than a comprehensive basis.

(1) No more than annually as determined by rule of the commission, the commission or its employees or duly authorized agents may in a mutually agreed-upon setting inspect or, if inspection is not feasible, be provided copies of records required to be maintained by a transportation network company under this subchapter that are necessary to ensure public safety.

(2) The inspection of records under subdivision (c)(1) of this section shall be on an audit rather than a comprehensive basis.

(d) (1) Records obtained by the commission under this subchapter pertaining to transportation network company services, transportation network company drivers, or transportation network company drivers' motor vehicles: (A) Are not subject to disclosure to a third party by the commission; and (B) Are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (2) Nothing in this subsection shall be construed as limiting the applicability of any other exemptions under the Freedom of Information Act of 1967, § 25-19-101 et seq., to any other records obtained by the commission under this subchapter.

(1) Records obtained by the commission under this subchapter pertaining to transportation network company services, transportation network company drivers, or transportation network company drivers' motor vehicles: (A) Are not subject to disclosure to a third party by the commission; and (B) Are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(A) Are not subject to disclosure to a third party by the commission; and

(B) Are exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(2) Nothing in this subsection shall be construed as limiting the applicability of any other exemptions under the Freedom of Information Act of 1967, § 25-19-101 et seq., to any other records obtained by the commission under this subchapter.

Amended by Act 2019, No. 315,§ 2453, eff. 7/24/2019.

Added by Act 2015, No. 1050,§ 1, eff. 7/22/2015.