Ark. Code Ann. § 23-37-209 — AR Code / Title 23 / Chapter 37 / Subchapter 2 / Section 23-37-209
Communications from supervisor - Manner of sending
Status: in_force

Every approval or rejection by the Supervisor of Savings and Loan Associations given pursuant to provisions of this chapter and every communication having the effect of an order or instruction to any association shall be sent by certified mail to the affected association, addressed to the president at the home office of the association, and shall be presented to the board of directors of the association at its next regular meeting, or at a special meeting called for that purpose, and noted in the minutes of the meeting. Acts 1963, No. 227, § 4; A.S.A. 1947, § 67-1804.

Every approval or rejection by the Supervisor of Savings and Loan Associations given pursuant to provisions of this chapter and every communication having the effect of an order or instruction to any association shall be sent by certified mail to the affected association, addressed to the president at the home office of the association, and shall be presented to the board of directors of the association at its next regular meeting, or at a special meeting called for that purpose, and noted in the minutes of the meeting.

Acts 1963, No. 227, § 4; A.S.A. 1947, § 67-1804.
Ark. Code Ann. § 23-35-502 — AR Code / Title 23 / Chapter 35 / Subchapter 5 / Section 23-35-502
Shares in name of minor
Status: in_force

(a) Shares may be issued in the name of a minor, if permitted by the articles of incorporation. These shares may be withdrawn by the minor, and payments made on the withdrawals shall be valid. (b) No minor under sixteen (16) years of age shall be entitled to vote in the meetings of the members either personally or through his or her parent or guardian, nor may he or she become a director or committee member until he or she shall have reached legal age. Acts 1971, No. 132, § 22; A.S.A. 1947, § 67-922.

(a) Shares may be issued in the name of a minor, if permitted by the articles of incorporation. These shares may be withdrawn by the minor, and payments made on the withdrawals shall be valid.

(b) No minor under sixteen (16) years of age shall be entitled to vote in the meetings of the members either personally or through his or her parent or guardian, nor may he or she become a director or committee member until he or she shall have reached legal age.

Acts 1971, No. 132, § 22; A.S.A. 1947, § 67-922.
Ark. Code Ann. § 23-66-401 — AR Code / Title 23 / Chapter 66 / Subchapter 4 / Section 23-66-401
Title
Status: in_force

This subchapter may be cited as the "Home Service Act". Acts 1993, No. 932, § 1.

This subchapter may be cited as the "Home Service Act".

Acts 1993, No. 932, § 1.
Ark. Code Ann. § 23-67-503 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-503
Rating criteria
Status: in_force

(a) A malpractice insurer shall consider past and prospective loss experience solely within this state. (b) (1) If insufficient experience exists within this state upon which a rate can be based, the malpractice insurer may consider experience within any other state or states that have similar claim costs and frequency. (2) If sufficient experience from any other state is not available, the malpractice insurer may use nationwide experience. (c) In its rate filing and records, the malpractice insurer shall provide detailed information on the data supporting the experience it is using. (d) When experience outside this state is considered, as much weight as possible shall be given to state experience. Acts 2005, No. 1697, § 19.

(a) A malpractice insurer shall consider past and prospective loss experience solely within this state.

(b) (1) If insufficient experience exists within this state upon which a rate can be based, the malpractice insurer may consider experience within any other state or states that have similar claim costs and frequency. (2) If sufficient experience from any other state is not available, the malpractice insurer may use nationwide experience.

(1) If insufficient experience exists within this state upon which a rate can be based, the malpractice insurer may consider experience within any other state or states that have similar claim costs and frequency.

(2) If sufficient experience from any other state is not available, the malpractice insurer may use nationwide experience.

(c) In its rate filing and records, the malpractice insurer shall provide detailed information on the data supporting the experience it is using.

(d) When experience outside this state is considered, as much weight as possible shall be given to state experience.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-13-216 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-216
Agent for service of process, notices, or orders
Status: in_force

(a) (1) It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be made under this subchapter. The designation may from time to time be changed by like writing similarly filed. (2) Service of process or orders in proceedings under this subchapter shall be made upon a carrier by personal service upon the person so designated by it or by registered mail addressed to the designated person at the address filed. (b) (1) Service of notices of hearings shall be by United States mail and publication one (1) time in a newspaper of general circulation in Pulaski County. (2) In default of designation of an agent for service of process, service of any notice or order may be made by posting in the office of the secretary of the department. (c) Whenever notice is given by mail as provided in this section, the date of mailing shall be considered as the time when notice is served. Amended by Act 2017, No. 707,§ 193, eff. 8/1/2017. Acts 1955, No. 397, § 21; A.S.A. 1947, § 73-1774.

(a) (1) It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be made under this subchapter. The designation may from time to time be changed by like writing similarly filed. (2) Service of process or orders in proceedings under this subchapter shall be made upon a carrier by personal service upon the person so designated by it or by registered mail addressed to the designated person at the address filed.

(1) It shall be the duty of every motor carrier to file with the Arkansas Department of Transportation a designation in writing of the name and post office address of a person maintaining a residence within this state upon whom or which service of notices or orders may be made under this subchapter. The designation may from time to time be changed by like writing similarly filed.

(2) Service of process or orders in proceedings under this subchapter shall be made upon a carrier by personal service upon the person so designated by it or by registered mail addressed to the designated person at the address filed.

(b) (1) Service of notices of hearings shall be by United States mail and publication one (1) time in a newspaper of general circulation in Pulaski County. (2) In default of designation of an agent for service of process, service of any notice or order may be made by posting in the office of the secretary of the department.

(1) Service of notices of hearings shall be by United States mail and publication one (1) time in a newspaper of general circulation in Pulaski County.

(2) In default of designation of an agent for service of process, service of any notice or order may be made by posting in the office of the secretary of the department.

(c) Whenever notice is given by mail as provided in this section, the date of mailing shall be considered as the time when notice is served.

Amended by Act 2017, No. 707,§ 193, eff. 8/1/2017.

Acts 1955, No. 397, § 21; A.S.A. 1947, § 73-1774.
Ark. Code Ann. § 23-111-204 — AR Code / Title 23 / Chapter 111 / Subchapter 2 / Section 23-111-204
Regulatory authority - Limitations
Status: in_force

(a) The Arkansas Racing Commission shall have full, complete, and sole power and authority to promulgate rules and orders and prescribe conditions under which greyhound racing shall be conducted by a franchise holder, but the power and authority so granted shall be exercised by the commission in a reasonable manner. The holder of any franchise, or any taxpayer, shall have redress to the Pulaski County Circuit Court for any wrong committed by the commission in the exercise of the power and authority granted pursuant to this section. (b) (1) The commission shall have no right or power to determine who shall be officers or employees of any franchise holder. (2) However, the commission may by rule require that all officers and employees, or agents, of the franchise holder who are in charge of, or whose duties relate directly to, the running of races, and the handling of any funds which may be wagered on any race, be approved by the commission. (3) The commission may compel the discharge of any official, employee, or agent of the franchise holder who fails or refuses to comply with the rules or orders of the commission or who, in the opinion of the commission, is guilty of fraud or dishonesty. Amended by Act 2019, No. 315,§ 2819, eff. 7/24/2019. Acts 1957, No. 191, § 12; A.S.A. 1947, § 84-2827.

(a) The Arkansas Racing Commission shall have full, complete, and sole power and authority to promulgate rules and orders and prescribe conditions under which greyhound racing shall be conducted by a franchise holder, but the power and authority so granted shall be exercised by the commission in a reasonable manner. The holder of any franchise, or any taxpayer, shall have redress to the Pulaski County Circuit Court for any wrong committed by the commission in the exercise of the power and authority granted pursuant to this section.

(b) (1) The commission shall have no right or power to determine who shall be officers or employees of any franchise holder. (2) However, the commission may by rule require that all officers and employees, or agents, of the franchise holder who are in charge of, or whose duties relate directly to, the running of races, and the handling of any funds which may be wagered on any race, be approved by the commission. (3) The commission may compel the discharge of any official, employee, or agent of the franchise holder who fails or refuses to comply with the rules or orders of the commission or who, in the opinion of the commission, is guilty of fraud or dishonesty.

(1) The commission shall have no right or power to determine who shall be officers or employees of any franchise holder.

(2) However, the commission may by rule require that all officers and employees, or agents, of the franchise holder who are in charge of, or whose duties relate directly to, the running of races, and the handling of any funds which may be wagered on any race, be approved by the commission.

(3) The commission may compel the discharge of any official, employee, or agent of the franchise holder who fails or refuses to comply with the rules or orders of the commission or who, in the opinion of the commission, is guilty of fraud or dishonesty.

Amended by Act 2019, No. 315,§ 2819, eff. 7/24/2019.

Acts 1957, No. 191, § 12; A.S.A. 1947, § 84-2827.
Ark. Code Ann. § 23-67-309 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-309
Appeal
Status: in_force

Any person aggrieved by an order or ruling made by the Insurance Commissioner under the provisions of this subchapter shall have the right to appeal the order or ruling pursuant to § 23-61-307 . Acts 1991, No. 561, § 1.

Any person aggrieved by an order or ruling made by the Insurance Commissioner under the provisions of this subchapter shall have the right to appeal the order or ruling pursuant to § 23-61-307 .

Acts 1991, No. 561, § 1.
Ark. Code Ann. § 23-80-201 — AR Code / Title 23 / Chapter 80 / Subchapter 2 / Section 23-80-201
Title
Status: in_force

This subchapter may be cited as the "Life and Accident and Health Insurance Policy Language Simplification Act". Acts 1979, No. 258, § 1; A.S.A. 1947, § 66-3251; Acts 2001, No. 1603, § 39.

This subchapter may be cited as the "Life and Accident and Health Insurance Policy Language Simplification Act".

Acts 1979, No. 258, § 1; A.S.A. 1947, § 66-3251; Acts 2001, No. 1603, § 39.
Ark. Code Ann. § 23-51-149 — AR Code / Title 23 / Chapter 51 / Section 23-51-149
Reports of apparent crime
Status: in_force

A trust company that is the victim of a robbery, has a shortage of corporate or fiduciary funds in excess of five thousand dollars ($5,000), or is the victim of an apparent or suspected misapplication of its corporate or fiduciary funds or property in any amount by a director, officer, or employee shall report the robbery, shortages or apparent or suspected misapplication to the Bank Commissioner within forty-eight (48) hours after the time it is discovered. The initial report may be oral if the report is promptly confirmed in writing. The trust company or a director, officer, employee, or agent is not subject to liability for defamation or another charge resulting from information supplied in the report. Acts 1997, No. 940, § 49.

A trust company that is the victim of a robbery, has a shortage of corporate or fiduciary funds in excess of five thousand dollars ($5,000), or is the victim of an apparent or suspected misapplication of its corporate or fiduciary funds or property in any amount by a director, officer, or employee shall report the robbery, shortages or apparent or suspected misapplication to the Bank Commissioner within forty-eight (48) hours after the time it is discovered. The initial report may be oral if the report is promptly confirmed in writing. The trust company or a director, officer, employee, or agent is not subject to liability for defamation or another charge resulting from information supplied in the report.

Acts 1997, No. 940, § 49.
Ark. Code Ann. § 23-13-205 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-205
Interstate commerce unaffected by subchapter
Status: in_force

Nothing in this subchapter shall be construed to interfere with the exercise by agencies of the United States Government of its power of regulation of interstate commerce. Acts 1955, No. 397, § 4; A.S.A. 1947, § 73-1757.

Nothing in this subchapter shall be construed to interfere with the exercise by agencies of the United States Government of its power of regulation of interstate commerce.

Acts 1955, No. 397, § 4; A.S.A. 1947, § 73-1757.
Ark. Code Ann. § 23-90-108 — AR Code / Title 23 / Chapter 90 / Section 23-90-108
Arkansas Property and Casualty Advisory Association - Powers and duties
Status: in_force

(a) (1) The Arkansas Property and Casualty Advisory Association shall advise and counsel with the Insurance Commissioner upon matters relating to the solvency of insurers. (2) The commissioner may call a meeting of the association when a court of competent jurisdiction determines that an insurer is insolvent and may call a meeting of the association when he or she determines that a danger of insolvency of an insurer exists. (3) Upon majority vote, the association shall notify the commissioner of any information indicating that an insurer may be unable or potentially unable to fulfill its contractual obligations and request a meeting with the commissioner. (4) At the meetings, the commissioner may divulge to the association any information in his or her possession and any records of the State Insurance Department, including examination reports or preliminary reports from examiners relating to the insurer. (5) The commissioner may summon officers, directors, and employees of an insolvent insurer, or an insurer the commissioner considers to be in danger of insolvency, to appear before the association for conference or for the taking of testimony. (6) Members of the association shall not reveal information received in the meetings to anyone unless authorized by the commissioner or when required as witness in court. (b) Upon request by the commissioner, the association shall attend hearings before the commissioner and meet with and advise the commissioner and his or her representatives on matters relating to the affairs of an insolvent insurer and relating to action that may be taken by the commissioner and his or her representatives to best protect the interests of persons holding covered claims against an insolvent insurer and relating to the amount and timing of partial assessments, the marshalling of assets, and the processing and handling of covered claims. Acts 1977, No. 871, § 14; 1983, No. 522, § 39; A.S.A. 1947, § 66-5514; Acts 1987, No. 738, § 6.

(a) (1) The Arkansas Property and Casualty Advisory Association shall advise and counsel with the Insurance Commissioner upon matters relating to the solvency of insurers. (2) The commissioner may call a meeting of the association when a court of competent jurisdiction determines that an insurer is insolvent and may call a meeting of the association when he or she determines that a danger of insolvency of an insurer exists. (3) Upon majority vote, the association shall notify the commissioner of any information indicating that an insurer may be unable or potentially unable to fulfill its contractual obligations and request a meeting with the commissioner. (4) At the meetings, the commissioner may divulge to the association any information in his or her possession and any records of the State Insurance Department, including examination reports or preliminary reports from examiners relating to the insurer. (5) The commissioner may summon officers, directors, and employees of an insolvent insurer, or an insurer the commissioner considers to be in danger of insolvency, to appear before the association for conference or for the taking of testimony. (6) Members of the association shall not reveal information received in the meetings to anyone unless authorized by the commissioner or when required as witness in court.

(1) The Arkansas Property and Casualty Advisory Association shall advise and counsel with the Insurance Commissioner upon matters relating to the solvency of insurers.

(2) The commissioner may call a meeting of the association when a court of competent jurisdiction determines that an insurer is insolvent and may call a meeting of the association when he or she determines that a danger of insolvency of an insurer exists.

(3) Upon majority vote, the association shall notify the commissioner of any information indicating that an insurer may be unable or potentially unable to fulfill its contractual obligations and request a meeting with the commissioner.

(4) At the meetings, the commissioner may divulge to the association any information in his or her possession and any records of the State Insurance Department, including examination reports or preliminary reports from examiners relating to the insurer.

(5) The commissioner may summon officers, directors, and employees of an insolvent insurer, or an insurer the commissioner considers to be in danger of insolvency, to appear before the association for conference or for the taking of testimony.

(6) Members of the association shall not reveal information received in the meetings to anyone unless authorized by the commissioner or when required as witness in court.

(b) Upon request by the commissioner, the association shall attend hearings before the commissioner and meet with and advise the commissioner and his or her representatives on matters relating to the affairs of an insolvent insurer and relating to action that may be taken by the commissioner and his or her representatives to best protect the interests of persons holding covered claims against an insolvent insurer and relating to the amount and timing of partial assessments, the marshalling of assets, and the processing and handling of covered claims.

Acts 1977, No. 871, § 14; 1983, No. 522, § 39; A.S.A. 1947, § 66-5514; Acts 1987, No. 738, § 6.
Ark. Code Ann. § 23-112-617 — AR Code / Title 23 / Chapter 112 / Subchapter 6 / Section 23-112-617
Used motor vehicle dealer service and handling fee
Status: in_force

(a) A used motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of used motor vehicles if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents. (b) (1) A used motor vehicle dealer may charge a service and handling fee in connection with the sale or lease of a used motor vehicle for: (A) The handling, processing, and storage of documents; and (B) Other administrative and clerical services. (2) (A) The service and handling fee may be charged to allow cost recovery for used motor vehicle dealers. (B) A portion of the service and handling fee may result in profit to the used motor vehicle dealer. (c) (1) The Department of Arkansas State Police shall determine by rule the amount of the service and handling fee that may be charged by a used motor vehicle dealer. The service and handling fee shall be no less than zero dollars ($0.00) and no more than one hundred twenty-nine dollars ($129). (2) If a service and handling fee is charged under this section, the service and handling fee shall be: (A) Charged to all retail customers; and (B) Disclosed on the retail buyer's order form as a separate itemized charge. (d) A preliminary work sheet on which a sale price is computed and that is shown to the purchaser, a retail buyer's order form from the purchaser, or a retail installment contract shall include in reasonable proximity to the place on the document where the service and handling fee authorized by this section is disclosed: (1) The amount of the service and handling fee; and (2) The following notice in type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: "A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW." (e) The Department of Arkansas State Police may promulgate rules to implement, enforce, and administer this section. Acts 2007, No. 366, § 2.

(a) A used motor vehicle dealer may fill in the blanks on standardized forms in connection with the sale or lease of used motor vehicles if the motor vehicle dealer does not charge for the service of filling in the blanks or otherwise charge for preparing documents.

(b) (1) A used motor vehicle dealer may charge a service and handling fee in connection with the sale or lease of a used motor vehicle for: (A) The handling, processing, and storage of documents; and (B) Other administrative and clerical services. (2) (A) The service and handling fee may be charged to allow cost recovery for used motor vehicle dealers. (B) A portion of the service and handling fee may result in profit to the used motor vehicle dealer.

(1) A used motor vehicle dealer may charge a service and handling fee in connection with the sale or lease of a used motor vehicle for: (A) The handling, processing, and storage of documents; and (B) Other administrative and clerical services.

(A) The handling, processing, and storage of documents; and

(B) Other administrative and clerical services.

(2) (A) The service and handling fee may be charged to allow cost recovery for used motor vehicle dealers. (B) A portion of the service and handling fee may result in profit to the used motor vehicle dealer.

(A) The service and handling fee may be charged to allow cost recovery for used motor vehicle dealers.

(B) A portion of the service and handling fee may result in profit to the used motor vehicle dealer.

(c) (1) The Department of Arkansas State Police shall determine by rule the amount of the service and handling fee that may be charged by a used motor vehicle dealer. The service and handling fee shall be no less than zero dollars ($0.00) and no more than one hundred twenty-nine dollars ($129). (2) If a service and handling fee is charged under this section, the service and handling fee shall be: (A) Charged to all retail customers; and (B) Disclosed on the retail buyer's order form as a separate itemized charge.

(1) The Department of Arkansas State Police shall determine by rule the amount of the service and handling fee that may be charged by a used motor vehicle dealer. The service and handling fee shall be no less than zero dollars ($0.00) and no more than one hundred twenty-nine dollars ($129).

(2) If a service and handling fee is charged under this section, the service and handling fee shall be: (A) Charged to all retail customers; and (B) Disclosed on the retail buyer's order form as a separate itemized charge.

(A) Charged to all retail customers; and

(B) Disclosed on the retail buyer's order form as a separate itemized charge.

(d) A preliminary work sheet on which a sale price is computed and that is shown to the purchaser, a retail buyer's order form from the purchaser, or a retail installment contract shall include in reasonable proximity to the place on the document where the service and handling fee authorized by this section is disclosed: (1) The amount of the service and handling fee; and (2) The following notice in type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: "A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW."

(1) The amount of the service and handling fee; and

(2) The following notice in type that is bold-faced, capitalized, underlined, or otherwise conspicuously set out from the surrounding written material: "A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW."

"A SERVICE AND HANDLING FEE IS NOT AN OFFICIAL FEE. A SERVICE AND HANDLING FEE IS NOT REQUIRED BY LAW BUT MAY BE CHARGED TO THE CUSTOMER FOR PERFORMING SERVICES AND HANDLING DOCUMENTS RELATING TO THE CLOSING OF A SALE OR LEASE. THE SERVICE AND HANDLING FEE MAY RESULT IN PROFIT TO THE DEALER. THE SERVICE AND HANDLING FEE DOES NOT INCLUDE PAYMENT FOR THE PREPARATION OF LEGAL DOCUMENTS. THIS NOTICE IS REQUIRED BY LAW."

(e) The Department of Arkansas State Police may promulgate rules to implement, enforce, and administer this section.

Acts 2007, No. 366, § 2.
Ark. Code Ann. § 23-88-405 — AR Code / Title 23 / Chapter 88 / Subchapter 4 / Section 23-88-405
Rules
Status: in_force

The Insurance Commissioner may adopt reasonable rules to enforce the provisions of this subchapter. Amended by Act 2019, No. 315,§ 2761, eff. 7/24/2019. Acts 2003, No. 1345, § 5.

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

Amended by Act 2019, No. 315,§ 2761, eff. 7/24/2019.

Acts 2003, No. 1345, § 5.
Ark. Code Ann. § 23-3-113 — AR Code / Title 23 / Chapter 3 / Subchapter 1 / Section 23-3-113
Adequate service, facilities, etc., to be provided
Status: in_force

(a) Every public utility shall furnish, provide, and maintain such adequate and efficient service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, requirements, and convenience of its patrons, employees, and the public. (b) Every person, firm, or corporation engaged in a public service business in this state shall establish and maintain adequate and suitable facilities, safety appliances, or other suitable devices and shall perform such service in respect thereto as shall be reasonable, safe, and sufficient for the security and convenience of the public and the safety and comfort of its employees, and, in all respects, just and fair, and without any unjust discrimination or preference. Acts 1919, No. 571, § 6; C. & M. Dig., § 1611; Acts 1921, No. 124, § 4; 1935, No. 324, § 10; Pope's Dig., §§ 2003, 2073; A.S.A. 1947, §§ 73-116, 73-204.

(a) Every public utility shall furnish, provide, and maintain such adequate and efficient service, instrumentalities, equipment, and facilities as shall promote the safety, health, comfort, requirements, and convenience of its patrons, employees, and the public.

(b) Every person, firm, or corporation engaged in a public service business in this state shall establish and maintain adequate and suitable facilities, safety appliances, or other suitable devices and shall perform such service in respect thereto as shall be reasonable, safe, and sufficient for the security and convenience of the public and the safety and comfort of its employees, and, in all respects, just and fair, and without any unjust discrimination or preference.

Acts 1919, No. 571, § 6; C. & M. Dig., § 1611; Acts 1921, No. 124, § 4; 1935, No. 324, § 10; Pope's Dig., §§ 2003, 2073; A.S.A. 1947, §§ 73-116, 73-204.
Ark. Code Ann. § 23-11-201 — AR Code / Title 23 / Chapter 11 / Subchapter 2 / Section 23-11-201
Title
Status: in_force

This subchapter shall be known as the "Railroad Incorporation Act of 1959". Acts 1959, No. 30, § 1; A.S.A. 1947, § 73-301.1.

This subchapter shall be known as the "Railroad Incorporation Act of 1959".

Acts 1959, No. 30, § 1; A.S.A. 1947, § 73-301.1.
Ark. Code Ann. § 23-10-426 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-426
Loading or unloading - Extension of time when consignee or consignor at distance from depot
Status: in_force

A consignee or a consignor five (5) miles or more from the depot whose freight is destined to or from his or her place of business or residence so located shall not be subject to storage or demurrage charges allowed in this section, §§ 23-10-412 - 23-10-425 , and 23-10-427 - 23-10-431 until a sufficient time has elapsed after notice for the consignee or consignor to remove or load the goods by the exercise of ordinary diligence. However, the time limit for loading or unloading shall not exceed five (5) days. Acts 1907, No. 193, § 12, p. 453; C. & M. Dig., § 907; Pope's Dig., § 1111; A.S.A. 1947, § 73-1321.

A consignee or a consignor five (5) miles or more from the depot whose freight is destined to or from his or her place of business or residence so located shall not be subject to storage or demurrage charges allowed in this section, §§ 23-10-412 - 23-10-425 , and 23-10-427 - 23-10-431 until a sufficient time has elapsed after notice for the consignee or consignor to remove or load the goods by the exercise of ordinary diligence. However, the time limit for loading or unloading shall not exceed five (5) days.

Acts 1907, No. 193, § 12, p. 453; C. & M. Dig., § 907; Pope's Dig., § 1111; A.S.A. 1947, § 73-1321.
Ark. Code Ann. § 23-63-602 — AR Code / Title 23 / Chapter 63 / Subchapter 6 / Section 23-63-602
Assets as deductions from liabilities
Status: in_force

Assets may be allowed as deductions from corresponding liabilities, and liabilities may be charged as deductions from assets. Deductions from assets may be charged as liabilities in accordance with the National Association of Insurance Commissioners' publication as it existed on January 1, 2001, entitled the "Accounting Practices and Procedures Manual". Acts 1959, No. 148, § 83; A.S.A. 1947, § 66-2502; Acts 2001, No. 1566, § 4.

Assets may be allowed as deductions from corresponding liabilities, and liabilities may be charged as deductions from assets. Deductions from assets may be charged as liabilities in accordance with the National Association of Insurance Commissioners' publication as it existed on January 1, 2001, entitled the "Accounting Practices and Procedures Manual".

Acts 1959, No. 148, § 83; A.S.A. 1947, § 66-2502; Acts 2001, No. 1566, § 4.
Ark. Code Ann. § 23-51-163 — AR Code / Title 23 / Chapter 51 / Section 23-51-163
Directors may act
Status: in_force

Any state trust company may place its assets and business under the control of the Bank Commissioner for liquidation by a resolution of a majority of its directors or members upon notice to the commissioner, and, upon taking possession of the state trust company, the commissioner, or duly appointed agent, shall retain possession thereof until the state trust company shall be authorized by the commissioner to resume business or until the affairs of the state trust company shall be fully liquidated as herein provided. No state trust company shall make any general assignment for the benefit of its creditors except by surrendering possession of its assets to the commissioner, as herein provided. Whenever any state trust company for any reason shall suspend operations for any length of time, the state trust company shall, immediately upon the suspension of operations, be deemed in the possession of the commissioner and subject to liquidation hereunder. Acts 1997, No. 940, § 63.

Any state trust company may place its assets and business under the control of the Bank Commissioner for liquidation by a resolution of a majority of its directors or members upon notice to the commissioner, and, upon taking possession of the state trust company, the commissioner, or duly appointed agent, shall retain possession thereof until the state trust company shall be authorized by the commissioner to resume business or until the affairs of the state trust company shall be fully liquidated as herein provided. No state trust company shall make any general assignment for the benefit of its creditors except by surrendering possession of its assets to the commissioner, as herein provided. Whenever any state trust company for any reason shall suspend operations for any length of time, the state trust company shall, immediately upon the suspension of operations, be deemed in the possession of the commissioner and subject to liquidation hereunder.

Acts 1997, No. 940, § 63.
Ark. Code Ann. § 23-63-2003 — AR Code / Title 23 / Chapter 63 / Subchapter 20 / Section 23-63-2003
Definitions
Status: in_force

As used in this subchapter: (1) "Corporate governance annual disclosure" means a confidential report filed by an insurer or insurance group made according to this subchapter; (2) "Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.; (3) (A) "Insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance. (B) "Insurer" does not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state; and (4) "Person" includes an individual, insurer, company, association, organization, Lloyd's, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation, and every legal entity. Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.

As used in this subchapter:

(1) "Corporate governance annual disclosure" means a confidential report filed by an insurer or insurance group made according to this subchapter;

(2) "Insurance group" means those insurers and affiliates included within an insurance holding company system as defined in the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.;

(3) (A) "Insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance. (B) "Insurer" does not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state; and

(A) "Insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance.

(B) "Insurer" does not include agencies, authorities, or instrumentalities of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, or a state or political subdivision of a state; and

(4) "Person" includes an individual, insurer, company, association, organization, Lloyd's, society, reciprocal or inter-insurance exchange, partnership, syndicate, business trust, corporation, and every legal entity.

Added by Act 2019, No. 521,§ 16, eff. 7/24/2019.
Ark. Code Ann. § 23-12-913 — AR Code / Title 23 / Chapter 12 / Subchapter 9 / Section 23-12-913
Liability for fires
Status: in_force

(a) All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, companies, or persons or resulting from the negligent operation of any locomotive, engine, machinery, train, car, or other thing used upon the railroad or resulting from, or caused by, the negligence of any employee, agent, or servant of the corporation, company, or person in the discharge of his or her duty as such upon or in the operation of the railroad. (b) The owner of any real or personal property which is destroyed or injured in the manner set forth in subsection (a) of this section may recover all such damage to the property by suit in any court, in the county where the damage occurred, having jurisdiction of the amount of the damage. Acts 1955, No. 320, § 1; A.S.A. 1947, § 73-1015.

(a) All corporations, companies, or persons engaged in operating any railroad wholly or partly in this state shall be liable for the destruction of, or injury to, any real or personal property, which may be caused by fire resulting from the negligence of the corporations, companies, or persons or resulting from the negligent operation of any locomotive, engine, machinery, train, car, or other thing used upon the railroad or resulting from, or caused by, the negligence of any employee, agent, or servant of the corporation, company, or person in the discharge of his or her duty as such upon or in the operation of the railroad.

(b) The owner of any real or personal property which is destroyed or injured in the manner set forth in subsection (a) of this section may recover all such damage to the property by suit in any court, in the county where the damage occurred, having jurisdiction of the amount of the damage.

Acts 1955, No. 320, § 1; A.S.A. 1947, § 73-1015.
Ark. Code Ann. § 23-13-604 — AR Code / Title 23 / Chapter 13 / Subchapter 6 / Section 23-13-604
Registration fees
Status: in_force

(a) Any fees collected by the Secretary of the Department of Finance and Administration under this section shall be classified as special revenues and shall be deposited into the State Treasury. (b) Upon receipt of the funds and if not prohibited by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., the Treasurer of State shall: (1) Deduct three percent (3%) of the funds as a charge by the state for its services as specified in this section; and (2) Credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund, as defined in the Revenue Classification Law, § 19-6-101 et seq., or to any successor State Treasury fund or funds established by law to replace the Constitutional Officers Fund and the State Central Services Fund. (c) The net amount of the fees collected by the secretary under this section shall be: (1) Transferred by the Treasurer of State on the last business day of each month to the State Highway and Transportation Department Fund; and (2) Distributed and expended in the manner directed by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., for the payment of expenses incurred by the Arkansas Department of Transportation for motor carrier law enforcement and safety operations. Amended by Act 2019, No. 910,§ 3511, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3510, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 230, eff. 8/1/2017. Acts 2007, No. 232, § 2; 2009, No. 164, § 5.

(a) Any fees collected by the Secretary of the Department of Finance and Administration under this section shall be classified as special revenues and shall be deposited into the State Treasury.

(b) Upon receipt of the funds and if not prohibited by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., the Treasurer of State shall: (1) Deduct three percent (3%) of the funds as a charge by the state for its services as specified in this section; and (2) Credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund, as defined in the Revenue Classification Law, § 19-6-101 et seq., or to any successor State Treasury fund or funds established by law to replace the Constitutional Officers Fund and the State Central Services Fund.

(1) Deduct three percent (3%) of the funds as a charge by the state for its services as specified in this section; and

(2) Credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund, as defined in the Revenue Classification Law, § 19-6-101 et seq., or to any successor State Treasury fund or funds established by law to replace the Constitutional Officers Fund and the State Central Services Fund.

(c) The net amount of the fees collected by the secretary under this section shall be: (1) Transferred by the Treasurer of State on the last business day of each month to the State Highway and Transportation Department Fund; and (2) Distributed and expended in the manner directed by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., for the payment of expenses incurred by the Arkansas Department of Transportation for motor carrier law enforcement and safety operations.

(1) Transferred by the Treasurer of State on the last business day of each month to the State Highway and Transportation Department Fund; and

(2) Distributed and expended in the manner directed by the Unified Carrier Registration Act of 2005, Pub. L. No. 109-59, § 4301 et seq., for the payment of expenses incurred by the Arkansas Department of Transportation for motor carrier law enforcement and safety operations.

Amended by Act 2019, No. 910,§ 3511, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3510, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 230, eff. 8/1/2017.

Acts 2007, No. 232, § 2; 2009, No. 164, § 5.
Ark. Code Ann. § 23-79-2703 — AR Code / Title 23 / Chapter 79 / Subchapter 27 / Section 23-79-2703
Coverage for ambulance service to triage and transport enrollee to alternative destination or treat in place
Status: in_force

(a) On and after January 1, 2024, a healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for: (1) An ambulance service to: (A) Treat an enrollee in place if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or (B) Triage or triage and transport an enrollee to an alternative destination if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or (2) An encounter between an ambulance service and enrollee that results in no transport of the enrollee if: (A) The enrollee declines to be transported against medical advice; and (B) The ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint. (b) The coverage under this section: (1) Only includes ambulance service transportation to the treatment location; (2) Is subject to the initiation of ambulance service treatment as a result of a 911 call that is documented in the records of the ambulance service; (3) Is subject to health benefit plan deductibles or copayment requirements; (4) Does not diminish or limit benefits otherwise allowable under a health benefit plan, even if the billing claims for medical or behavioral health services overlap in time that is billed by the ambulance service also providing care; and (5) Is subject to any health benefit plan provisions that apply to other services covered by the health benefit plan. (c) The reimbursement rate for an ambulance service whose operators triage, treat, and transport an enrollee to an alternative destination, or triage, treat, and do not transport an enrollee if the enrollee declines to be transported against medical advice, if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint under this section shall be at least at the rate: (1) Contracted with a local government entity where the alternative destination is located; or (2) Established by the Workers' Compensation Commission under its schedule for emergency Advanced Life Support Level 1. Added by Act 2023, No. 480,§ 2, eff. 8/1/2023.

(a) On and after January 1, 2024, a healthcare insurer that offers, issues, or renews a health benefit plan in this state shall provide coverage for: (1) An ambulance service to: (A) Treat an enrollee in place if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or (B) Triage or triage and transport an enrollee to an alternative destination if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or (2) An encounter between an ambulance service and enrollee that results in no transport of the enrollee if: (A) The enrollee declines to be transported against medical advice; and (B) The ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint.

(1) An ambulance service to: (A) Treat an enrollee in place if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or (B) Triage or triage and transport an enrollee to an alternative destination if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or

(A) Treat an enrollee in place if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or

(B) Triage or triage and transport an enrollee to an alternative destination if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint; or

(2) An encounter between an ambulance service and enrollee that results in no transport of the enrollee if: (A) The enrollee declines to be transported against medical advice; and (B) The ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint.

(A) The enrollee declines to be transported against medical advice; and

(B) The ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint.

(b) The coverage under this section: (1) Only includes ambulance service transportation to the treatment location; (2) Is subject to the initiation of ambulance service treatment as a result of a 911 call that is documented in the records of the ambulance service; (3) Is subject to health benefit plan deductibles or copayment requirements; (4) Does not diminish or limit benefits otherwise allowable under a health benefit plan, even if the billing claims for medical or behavioral health services overlap in time that is billed by the ambulance service also providing care; and (5) Is subject to any health benefit plan provisions that apply to other services covered by the health benefit plan.

(1) Only includes ambulance service transportation to the treatment location;

(2) Is subject to the initiation of ambulance service treatment as a result of a 911 call that is documented in the records of the ambulance service;

(3) Is subject to health benefit plan deductibles or copayment requirements;

(4) Does not diminish or limit benefits otherwise allowable under a health benefit plan, even if the billing claims for medical or behavioral health services overlap in time that is billed by the ambulance service also providing care; and

(5) Is subject to any health benefit plan provisions that apply to other services covered by the health benefit plan.

(c) The reimbursement rate for an ambulance service whose operators triage, treat, and transport an enrollee to an alternative destination, or triage, treat, and do not transport an enrollee if the enrollee declines to be transported against medical advice, if the ambulance service is coordinating the care of the enrollee through telemedicine with a physician for a medical-based complaint or with a behavioral health specialist for a behavioral-based complaint under this section shall be at least at the rate: (1) Contracted with a local government entity where the alternative destination is located; or (2) Established by the Workers' Compensation Commission under its schedule for emergency Advanced Life Support Level 1.

(1) Contracted with a local government entity where the alternative destination is located; or

(2) Established by the Workers' Compensation Commission under its schedule for emergency Advanced Life Support Level 1.

Added by Act 2023, No. 480,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 23-99-904 — AR Code / Title 23 / Chapter 99 / Subchapter 9 / Section 23-99-904
Waiver prohibited
Status: in_force

(a) The provisions of this subchapter shall not be waived by contract. (b) Contractual arrangements or actions taken in conflict with this subchapter or that purport to waive any requirements of this subchapter are void. Amended by Act 2019, No. 862,§ 1, eff. 7/24/2019. Added by Act 2017, No. 724,§ 2, eff. 8/1/2017.

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

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

Amended by Act 2019, No. 862,§ 1, eff. 7/24/2019.

Added by Act 2017, No. 724,§ 2, eff. 8/1/2017.
Ark. Code Ann. § 23-99-510 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-510
Rules
Status: in_force

The Insurance Commissioner shall enforce this subchapter and shall promulgate necessary rules for carrying out this subchapter. Amended by Act 2019, No. 315,§ 2803, eff. 7/24/2019. Acts 1997, No. 1020, § 10.

The Insurance Commissioner shall enforce this subchapter and shall promulgate necessary rules for carrying out this subchapter.

Amended by Act 2019, No. 315,§ 2803, eff. 7/24/2019.

Acts 1997, No. 1020, § 10.
Ark. Code Ann. § 23-69-123 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-123
Buying of vote or proxy - Corrupt and dishonest practices prohibited
Status: in_force

(a) No person shall buy or sell a vote or proxy, relative to any meeting of stockholders or members of an insurer, or engage in any corrupt or dishonest practice in or relative to the conduct of any meeting. (b) Violation of this section shall be punishable as provided in § 23-60-108 . Acts 1959, No. 148, § 473; A.S.A. 1947, § 66-4221.

(a) No person shall buy or sell a vote or proxy, relative to any meeting of stockholders or members of an insurer, or engage in any corrupt or dishonest practice in or relative to the conduct of any meeting.

(b) Violation of this section shall be punishable as provided in § 23-60-108 .

Acts 1959, No. 148, § 473; A.S.A. 1947, § 66-4221.
Ark. Code Ann. § 23-67-307 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-307
Cancellation of policy
Status: in_force

If, after the issuance of a policy providing insurance pursuant to the provisions of this subchapter, the insurer which issued the policy finds that the employer to whom the policy was issued is not, or has ceased to be, entitled to the insurance, the insurer shall have the right to cancel the policy in accordance with § 11-9-408(b) . Acts 1991, No. 561, § 1.

If, after the issuance of a policy providing insurance pursuant to the provisions of this subchapter, the insurer which issued the policy finds that the employer to whom the policy was issued is not, or has ceased to be, entitled to the insurance, the insurer shall have the right to cancel the policy in accordance with § 11-9-408(b) .

Acts 1991, No. 561, § 1.
Ark. Code Ann. § 23-99-1405 — AR Code / Title 23 / Chapter 99 / Subchapter 14 / Section 23-99-1405
Converting back to ambulatory surgery center
Status: in_force

(a) If a temporary hospital facility converts back to an ambulatory surgery center, a healthcare insurer shall not delay in providing a contract for an ambulatory surgery center based on the healthcare insurer's standard and reasonable terms and conditions. (b) The effective date of an ambulatory surgery center contract shall be the same as the effective date of the conversion from a temporary hospital facility back to an ambulatory surgery center. Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.

(a) If a temporary hospital facility converts back to an ambulatory surgery center, a healthcare insurer shall not delay in providing a contract for an ambulatory surgery center based on the healthcare insurer's standard and reasonable terms and conditions.

(b) The effective date of an ambulatory surgery center contract shall be the same as the effective date of the conversion from a temporary hospital facility back to an ambulatory surgery center.

Added by Act 2021, No. 723,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-51-105 — AR Code / Title 23 / Chapter 51 / Section 23-51-105
Articles of association of state trust company
Status: in_force

The articles of association of a state trust company must be signed and acknowledged by each organizer and must contain: (1) The name of the state trust company; (2) The period of its duration, which may be perpetual; (3) The powers of the state trust company, which may be stated as: (A) All powers granted to a state trust company in this state; or (B) A list of the specific powers that the state trust company chooses and is authorized to exercise; (4) The aggregate number of shares that the state trust company will be authorized to issue, the number of classes of shares, which may be one or more, the number of shares of each class if more than one class, and a statement of the par value of the shares of each class or that the shares are to be without par value; (5) If the shares are to be divided into classes, the designation of each class and statement of the preferences, limitations, and relative rights of the shares of each class; (6) Any provision granting to shareholders the preemptive right to acquire additional shares of the state trust company; (7) Any provision granting the right of shareholders to cumulative voting in the election of directors; (8) The aggregate amount of consideration to be received for all shares initially issued by the state trust company, and a statement signed and verified by the organizers that the capital stock has been fully subscribed and the purchase price therefor has been paid into an escrow account approved by the Bank Commissioner; (9) Any provision consistent with law that the organizers elect to set forth in the articles of association for the regulation of the internal affairs of the state trust company or that is otherwise required by this chapter to be set forth in the articles of association; (10) The street address of the state trust company's principal office required to be maintained under § 23-51-172 ; and (11) The number of directors or managers constituting the initial board, which may not be fewer than three (3), and the names and street addresses of the persons who are to serve as directors until the first annual meeting of shareholders or until successor directors have been elected and qualified. Acts 1997, No. 940, § 5.

The articles of association of a state trust company must be signed and acknowledged by each organizer and must contain:

(1) The name of the state trust company;

(2) The period of its duration, which may be perpetual;

(3) The powers of the state trust company, which may be stated as: (A) All powers granted to a state trust company in this state; or (B) A list of the specific powers that the state trust company chooses and is authorized to exercise;

(A) All powers granted to a state trust company in this state; or

(B) A list of the specific powers that the state trust company chooses and is authorized to exercise;

(4) The aggregate number of shares that the state trust company will be authorized to issue, the number of classes of shares, which may be one or more, the number of shares of each class if more than one class, and a statement of the par value of the shares of each class or that the shares are to be without par value;

(5) If the shares are to be divided into classes, the designation of each class and statement of the preferences, limitations, and relative rights of the shares of each class;

(6) Any provision granting to shareholders the preemptive right to acquire additional shares of the state trust company;

(7) Any provision granting the right of shareholders to cumulative voting in the election of directors;

(8) The aggregate amount of consideration to be received for all shares initially issued by the state trust company, and a statement signed and verified by the organizers that the capital stock has been fully subscribed and the purchase price therefor has been paid into an escrow account approved by the Bank Commissioner;

(9) Any provision consistent with law that the organizers elect to set forth in the articles of association for the regulation of the internal affairs of the state trust company or that is otherwise required by this chapter to be set forth in the articles of association;

(10) The street address of the state trust company's principal office required to be maintained under § 23-51-172 ; and

(11) The number of directors or managers constituting the initial board, which may not be fewer than three (3), and the names and street addresses of the persons who are to serve as directors until the first annual meeting of shareholders or until successor directors have been elected and qualified.

Acts 1997, No. 940, § 5.
Ark. Code Ann. § 23-3-502 — AR Code / Title 23 / Chapter 3 / Subchapter 5 / Section 23-3-502
Applicability of subchapter
Status: in_force

Each section of this subchapter shall apply with full effect whether the river crossing proprietor, if incorporated, derives its charter from the laws of Arkansas or of any other state and regardless of whether its activities within this state are those of interstate or intrastate commerce and, in the case of pipelines, regardless of whether its activities in this state are those of a common carrier or noncarrier utility. Acts 1961, No. 188, § 15; A.S.A. 1947, § 73-2215.

Each section of this subchapter shall apply with full effect whether the river crossing proprietor, if incorporated, derives its charter from the laws of Arkansas or of any other state and regardless of whether its activities within this state are those of interstate or intrastate commerce and, in the case of pipelines, regardless of whether its activities in this state are those of a common carrier or noncarrier utility.

Acts 1961, No. 188, § 15; A.S.A. 1947, § 73-2215.
Ark. Code Ann. § 23-63-613 — AR Code / Title 23 / Chapter 63 / Subchapter 6 / Section 23-63-613
Use of new and revised manuals - Rulemaking authority
Status: in_force

(a) (1) The Insurance Commissioner is authorized to employ the standards and requirements set forth in publications recited in this subchapter and adopted and published by the National Association of Insurance Commissioners, including, but not limited to, those listed in this subchapter. (2) The publications identified in subdivision (a)(1) of this section are hereby adopted in their present form as of August 13, 2001. (3) The commissioner is authorized and empowered to promulgate rules for the purposes of adopting all or part of other financial standards publications of the National Association of Insurance Commissioners or publications by other authors if the commissioner determines that such an action is in the best interest of the public. (4) Upon mailing of written notice by the commissioner to all domestic reporting entities of the promulgation and publication by the National Association of Insurance Commissioners or other authors of amendments, revisions, or modifications to any publication previously adopted by the commissioner in this subchapter, such published amendments, revisions, or modifications shall become effective on the date designated by the commissioner in the written notice, which date shall not be earlier than eight (8) months after the date of mailing of the notice. (b) The commissioner is authorized and empowered to adopt financial standards regulations for the purpose of modifying, amending, or revising any publication promulgated by the National Association of Insurance Commissioners or other authors, or any published amendments, modifications, or revisions to any such publications if the commissioner determines that such an action is in the best interest of the public. In this event, the effective date of any modification, amendment, or revision shall be the effective date of the regulation. Amended by Act 2019, No. 315,§ 2636, eff. 7/24/2019. Acts 1959, No. 148, § 96; A.S.A. 1947, § 66-2515; Acts 1995, No. 1272, § 15; 2001, No. 1566, § 11.

(a) (1) The Insurance Commissioner is authorized to employ the standards and requirements set forth in publications recited in this subchapter and adopted and published by the National Association of Insurance Commissioners, including, but not limited to, those listed in this subchapter. (2) The publications identified in subdivision (a)(1) of this section are hereby adopted in their present form as of August 13, 2001. (3) The commissioner is authorized and empowered to promulgate rules for the purposes of adopting all or part of other financial standards publications of the National Association of Insurance Commissioners or publications by other authors if the commissioner determines that such an action is in the best interest of the public. (4) Upon mailing of written notice by the commissioner to all domestic reporting entities of the promulgation and publication by the National Association of Insurance Commissioners or other authors of amendments, revisions, or modifications to any publication previously adopted by the commissioner in this subchapter, such published amendments, revisions, or modifications shall become effective on the date designated by the commissioner in the written notice, which date shall not be earlier than eight (8) months after the date of mailing of the notice.

(1) The Insurance Commissioner is authorized to employ the standards and requirements set forth in publications recited in this subchapter and adopted and published by the National Association of Insurance Commissioners, including, but not limited to, those listed in this subchapter.

(2) The publications identified in subdivision (a)(1) of this section are hereby adopted in their present form as of August 13, 2001.

(3) The commissioner is authorized and empowered to promulgate rules for the purposes of adopting all or part of other financial standards publications of the National Association of Insurance Commissioners or publications by other authors if the commissioner determines that such an action is in the best interest of the public.

(4) Upon mailing of written notice by the commissioner to all domestic reporting entities of the promulgation and publication by the National Association of Insurance Commissioners or other authors of amendments, revisions, or modifications to any publication previously adopted by the commissioner in this subchapter, such published amendments, revisions, or modifications shall become effective on the date designated by the commissioner in the written notice, which date shall not be earlier than eight (8) months after the date of mailing of the notice.

(b) The commissioner is authorized and empowered to adopt financial standards regulations for the purpose of modifying, amending, or revising any publication promulgated by the National Association of Insurance Commissioners or other authors, or any published amendments, modifications, or revisions to any such publications if the commissioner determines that such an action is in the best interest of the public. In this event, the effective date of any modification, amendment, or revision shall be the effective date of the regulation.

Amended by Act 2019, No. 315,§ 2636, eff. 7/24/2019.

Acts 1959, No. 148, § 96; A.S.A. 1947, § 66-2515; Acts 1995, No. 1272, § 15; 2001, No. 1566, § 11.
Ark. Code Ann. § 23-63-1314 — AR Code / Title 23 / Chapter 63 / Subchapter 13 / Section 23-63-1314
Penalties and liabilities
Status: in_force

(a) If the Insurance Commissioner, after a hearing conducted according to § 23-61-301 et seq., finds that an insurer or a person has violated this subchapter, the commissioner may order: (1) For each separate violation, a penalty of one thousand dollars ($1,000) or if the commissioner has found willful misconduct or willful violation, a penalty of five thousand dollars ($5,000); and (2) Revocation or suspension of the insurer's or person's license. (b) The decision of the commissioner under subsection (a) of this section is subject to judicial review under § 23-61-307 . (c) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws. Acts 1995, No. 622, § 1; 2011, No. 760, § 4.

(a) If the Insurance Commissioner, after a hearing conducted according to § 23-61-301 et seq., finds that an insurer or a person has violated this subchapter, the commissioner may order: (1) For each separate violation, a penalty of one thousand dollars ($1,000) or if the commissioner has found willful misconduct or willful violation, a penalty of five thousand dollars ($5,000); and (2) Revocation or suspension of the insurer's or person's license.

(1) For each separate violation, a penalty of one thousand dollars ($1,000) or if the commissioner has found willful misconduct or willful violation, a penalty of five thousand dollars ($5,000); and

(2) Revocation or suspension of the insurer's or person's license.

(b) The decision of the commissioner under subsection (a) of this section is subject to judicial review under § 23-61-307 .

(c) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws.

Acts 1995, No. 622, § 1; 2011, No. 760, § 4.
Ark. Code Ann. § 23-112-202 — AR Code / Title 23 / Chapter 112 / Subchapter 2 / Section 23-112-202
Proceedings - Bond
Status: in_force

(a) The Arkansas Motor Vehicle Commission shall meet at Little Rock and complete its organization immediately after the entire membership thereof has been appointed and has qualified. (b) Before entering upon the discharge of the duties of his or her office, the Chair of the Arkansas Motor Vehicle Commission and each member of the commission shall take and subscribe to the oath of office prescribed by the Arkansas Constitution and shall file this oath in the office of the Secretary of State. (c) (1) The commission shall purchase either a blanket position honesty or faithful performance bond from some surety company authorized to do business in this state. This bond shall be in the penal sum of ten thousand dollars ($10,000), made payable to the State of Arkansas, conditioned for the honest and faithful performance of the duties of the chair and each member of the commission and the Director of the Arkansas Motor Vehicle Commission, the bond to be approved by the Governor and filed in the office of the Secretary of State. (2) The commission shall keep the bond in force at all times from and after the date the commission is organized. (d) A majority of the commission shall constitute a quorum for the transaction of any business. (e) The commission shall adopt and use a common seal for the authentication of its records and orders. (f) The commission shall hold all of its regular monthly meetings in its office at Little Rock, but upon approval of a majority of its members, may hold special meetings and the hearings provided for under §§ 23-112-501 - 23-112-509 at any time and place within the State of Arkansas. Amended by Act 2019, No. 910,§ 5525, eff. 7/1/2019. Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 1993, No. 383, § 2; 1995, No. 568, § 2.

(a) The Arkansas Motor Vehicle Commission shall meet at Little Rock and complete its organization immediately after the entire membership thereof has been appointed and has qualified.

(b) Before entering upon the discharge of the duties of his or her office, the Chair of the Arkansas Motor Vehicle Commission and each member of the commission shall take and subscribe to the oath of office prescribed by the Arkansas Constitution and shall file this oath in the office of the Secretary of State.

(c) (1) The commission shall purchase either a blanket position honesty or faithful performance bond from some surety company authorized to do business in this state. This bond shall be in the penal sum of ten thousand dollars ($10,000), made payable to the State of Arkansas, conditioned for the honest and faithful performance of the duties of the chair and each member of the commission and the Director of the Arkansas Motor Vehicle Commission, the bond to be approved by the Governor and filed in the office of the Secretary of State. (2) The commission shall keep the bond in force at all times from and after the date the commission is organized.

(1) The commission shall purchase either a blanket position honesty or faithful performance bond from some surety company authorized to do business in this state. This bond shall be in the penal sum of ten thousand dollars ($10,000), made payable to the State of Arkansas, conditioned for the honest and faithful performance of the duties of the chair and each member of the commission and the Director of the Arkansas Motor Vehicle Commission, the bond to be approved by the Governor and filed in the office of the Secretary of State.

(2) The commission shall keep the bond in force at all times from and after the date the commission is organized.

(d) A majority of the commission shall constitute a quorum for the transaction of any business.

(e) The commission shall adopt and use a common seal for the authentication of its records and orders.

(f) The commission shall hold all of its regular monthly meetings in its office at Little Rock, but upon approval of a majority of its members, may hold special meetings and the hearings provided for under §§ 23-112-501 - 23-112-509 at any time and place within the State of Arkansas.

Amended by Act 2019, No. 910,§ 5525, eff. 7/1/2019.

Acts 1975, No. 388, § 4; A.S.A. 1947, § 75-2304; Acts 1993, No. 383, § 2; 1995, No. 568, § 2.
Ark. Code Ann. § 23-79-105 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-105
Application required - Life and accident and health insurance
Status: in_force

No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases: (1) A spouse may effectuate the insurance upon the other spouse; (2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of, or pertaining to, the minor; (3) The application for accident insurance procured through a vending machine licensed under § 23-64-221 must be signed by the individual to be so insured or, if the individual to be so insured does not have legal capacity to contract, the application must be signed by the individual's parent, guardian, or other legally constituted representative; and (4) Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife. Acts 1959, No. 148, § 273; A.S.A. 1947, § 66-3206; Acts 2001, No. 580, § 22; 2001, No. 1604, § 80.

No life or accident and health insurance contract upon an individual, except a contract of group life insurance or of group or blanket accident and health insurance, shall be made or effectuated unless at the time of the making of the contract the individual insured, being of competent legal capacity to contract, applies therefor or has consented thereto in writing, except in the following cases:

(1) A spouse may effectuate the insurance upon the other spouse;

(2) Any person having an insurable interest in the life of a minor, or any person upon whom a minor is dependent for support and maintenance, may effectuate insurance upon the life of, or pertaining to, the minor;

(3) The application for accident insurance procured through a vending machine licensed under § 23-64-221 must be signed by the individual to be so insured or, if the individual to be so insured does not have legal capacity to contract, the application must be signed by the individual's parent, guardian, or other legally constituted representative; and

(4) Family policies may be issued insuring any two (2) or more members of a family on an application signed by either parent, a stepparent, or by a husband or wife.

Acts 1959, No. 148, § 273; A.S.A. 1947, § 66-3206; Acts 2001, No. 580, § 22; 2001, No. 1604, § 80.
Ark. Code Ann. § 23-48-1006 — AR Code / Title 23 / Chapter 48 / Subchapter 10 / Section 23-48-1006
Resignation of registered agent of out-of-state bank
Status: in_force

(a) The registered agent of an out-of-state bank may resign his or her agency appointment by signing and delivering to the Bank Commissioner for filing the original and two (2) exact or conformed copies of a statement of resignation. The statement of resignation may include a statement that the registered office is also discontinued. (b) After filing the statement, the commissioner shall attach the filing receipt to one (1) copy and mail the copy and receipt to the registered office if not discontinued. The commissioner shall mail the other copy to the out-of-state bank at its principal office address shown in its most recent annual franchise tax report. (c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed. Acts 1997, No. 408, § 20.

(a) The registered agent of an out-of-state bank may resign his or her agency appointment by signing and delivering to the Bank Commissioner for filing the original and two (2) exact or conformed copies of a statement of resignation. The statement of resignation may include a statement that the registered office is also discontinued.

(b) After filing the statement, the commissioner shall attach the filing receipt to one (1) copy and mail the copy and receipt to the registered office if not discontinued. The commissioner shall mail the other copy to the out-of-state bank at its principal office address shown in its most recent annual franchise tax report.

(c) The agency appointment is terminated, and the registered office discontinued if so provided, on the thirty-first day after the date on which the statement was filed.

Acts 1997, No. 408, § 20.
Ark. Code Ann. § 23-32-206 — AR Code / Title 23 / Chapter 32 / Subchapter 2 / Section 23-32-206
Casualty insurance - Replacement cost coverage
Status: in_force

(a) A savings and loan association, financial institution, national bank, mortgage company, or any public or private mortgagee doing business in this state, when making a mortgage loan, may not require as a condition or term of the mortgage that the mortgagor purchase casualty insurance on property which is the subject of the mortgage in an amount in excess of the fair market value of the buildings or appurtenances on the mortgaged premises. (b) This section shall not be construed as limiting the right of the mortgagor to purchase replacement cost coverage on the property which is the subject of the mortgage. Acts 1997, No. 138, § 1.

(a) A savings and loan association, financial institution, national bank, mortgage company, or any public or private mortgagee doing business in this state, when making a mortgage loan, may not require as a condition or term of the mortgage that the mortgagor purchase casualty insurance on property which is the subject of the mortgage in an amount in excess of the fair market value of the buildings or appurtenances on the mortgaged premises.

(b) This section shall not be construed as limiting the right of the mortgagor to purchase replacement cost coverage on the property which is the subject of the mortgage.

Acts 1997, No. 138, § 1.
Ark. Code Ann. § 23-51-191 — AR Code / Title 23 / Chapter 51 / Section 23-51-191
Removal of directors, officers, and employees
Status: in_force

Consistent with § 23-51-189 , the Bank Commissioner shall have the right, and is hereby empowered, to require the immediate removal from office of any officer, director, or employee of any authorized trust institution who shall be found to be dishonest, incompetent, or reckless in the management of the affairs of the authorized trust institution or who persistently violates the laws of this state or the lawful orders, instructions, and rules issued by the commissioner. Amended by Act 2019, No. 315,§ 2606, eff. 7/24/2019. Acts 1997, No. 940, § 91.

Consistent with § 23-51-189 , the Bank Commissioner shall have the right, and is hereby empowered, to require the immediate removal from office of any officer, director, or employee of any authorized trust institution who shall be found to be dishonest, incompetent, or reckless in the management of the affairs of the authorized trust institution or who persistently violates the laws of this state or the lawful orders, instructions, and rules issued by the commissioner.

Amended by Act 2019, No. 315,§ 2606, eff. 7/24/2019.

Acts 1997, No. 940, § 91.
Ark. Code Ann. § 23-15-209 — AR Code / Title 23 / Chapter 15 / Subchapter 2 / Section 23-15-209
Compliance and waiver
Status: in_force

(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall: (1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard; (2) File and comply with a plan of inspection and maintenance required by § 23-15-208 ; and (3) Permit access to or copying of records, make reports or provide information, and permit entry or inspection, as required under §§ 23-15-206 and 23-15-207 . (b) The Arkansas Public Service Commission, pursuant to the provisions of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, may waive compliance with a safety standard. Acts 1971, No. 285, § 5; A.S.A. 1947, § 73-1912.

(a) Each person who engages in the transportation of gas or who owns or operates pipeline facilities shall: (1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard; (2) File and comply with a plan of inspection and maintenance required by § 23-15-208 ; and (3) Permit access to or copying of records, make reports or provide information, and permit entry or inspection, as required under §§ 23-15-206 and 23-15-207 .

(1) At all times after the date any applicable safety standard established under this subchapter takes effect, comply with the requirements of such standard;

(2) File and comply with a plan of inspection and maintenance required by § 23-15-208 ; and

(3) Permit access to or copying of records, make reports or provide information, and permit entry or inspection, as required under §§ 23-15-206 and 23-15-207 .

(b) The Arkansas Public Service Commission, pursuant to the provisions of the Natural Gas Pipeline Safety Act of 1968, Pub. L. No. 90-481, may waive compliance with a safety standard.

Acts 1971, No. 285, § 5; A.S.A. 1947, § 73-1912.
Ark. Code Ann. § 23-46-208 — AR Code / Title 23 / Chapter 46 / Subchapter 2 / Section 23-46-208
[Repealed]
Status: repealed

Repealed by Act 2019, No. 910,§ 584, eff. 7/1/2019. Acts 1997, No. 89, § 1.

Repealed by Act 2019, No. 910,§ 584, eff. 7/1/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-3-202 — AR Code / Title 23 / Chapter 3 / Subchapter 2 / Section 23-3-202
Requirement for operation under suspended permit
Status: in_force

A public utility shall not exercise any right or privilege under any franchise or permit, the exercise of which has been suspended or discontinued for more than one (1) year, without first obtaining from the Arkansas Public Service Commission or the Arkansas Department of Transportation a certificate that public convenience and necessity require the exercise of such a right or privilege. Amended by Act 2017, No. 707,§ 108, eff. 8/1/2017. Acts 1935, No. 324, § 42; Pope's Dig., § 2105; A.S.A. 1947, § 73-241.

A public utility shall not exercise any right or privilege under any franchise or permit, the exercise of which has been suspended or discontinued for more than one (1) year, without first obtaining from the Arkansas Public Service Commission or the Arkansas Department of Transportation a certificate that public convenience and necessity require the exercise of such a right or privilege.

Amended by Act 2017, No. 707,§ 108, eff. 8/1/2017.

Acts 1935, No. 324, § 42; Pope's Dig., § 2105; A.S.A. 1947, § 73-241.
Ark. Code Ann. § 23-82-102 — AR Code / Title 23 / Chapter 82 / Section 23-82-102
Scope
Status: in_force

The provisions of this chapter apply only to industrial life insurance policies. The following sections shall also apply to industrial life insurance: (1) Section 23-81-114 , excluded or restricted coverage; (2) Section 23-81-115 , limitation of liability; (3) Section 23-81-120 , prohibited policy plans; (4) Section 23-81-129 , incontestability after reinstatement; and (5) The Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq. Acts 1959, No. 148, § 346; A.S.A. 1947, § 66-3401.

The provisions of this chapter apply only to industrial life insurance policies. The following sections shall also apply to industrial life insurance:

(1) Section 23-81-114 , excluded or restricted coverage;

(2) Section 23-81-115 , limitation of liability;

(3) Section 23-81-120 , prohibited policy plans;

(4) Section 23-81-129 , incontestability after reinstatement; and

(5) The Standard Nonforfeiture Law for Life Insurance, § 23-81-201 et seq.

Acts 1959, No. 148, § 346; A.S.A. 1947, § 66-3401.
Ark. Code Ann. § 23-111-501 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-501
Accordance with franchise required
Status: in_force

(a) Any franchise holder or any person aiding or abetting in the holding or conducting of any greyhound racing meet at which greyhound racing shall be permitted for any stake, purse, or reward except in accordance with a franchise duly issued as provided in this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or by both fine and imprisonment. (b) For the purposes of this section, each day of racing in violation of the provisions of this chapter shall be considered as a separate and distinct offense. Acts 1957, No. 191, § 17; A.S.A. 1947, § 84-2832.

(a) Any franchise holder or any person aiding or abetting in the holding or conducting of any greyhound racing meet at which greyhound racing shall be permitted for any stake, purse, or reward except in accordance with a franchise duly issued as provided in this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished for each offense by a fine of not less than five thousand dollars ($5,000) nor more than ten thousand dollars ($10,000) or by imprisonment for not more than one (1) year, or by both fine and imprisonment.

(b) For the purposes of this section, each day of racing in violation of the provisions of this chapter shall be considered as a separate and distinct offense.

Acts 1957, No. 191, § 17; A.S.A. 1947, § 84-2832.
Ark. Code Ann. § 23-74-102 — AR Code / Title 23 / Chapter 74 / Subchapter 1 / Section 23-74-102
Lodge system
Status: in_force

(a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and rituals. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least one (1) time in each month in furtherance of the purposes of the society. (b) At its option, a society may organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice or vote in the management of the society. Acts 1989, No. 881, § 1.

(a) A society is operating on the lodge system if it has a supreme governing body and subordinate lodges into which members are elected, initiated, or admitted in accordance with its laws, rules, and rituals. Subordinate lodges shall be required by the laws of the society to hold regular meetings at least one (1) time in each month in furtherance of the purposes of the society.

(b) At its option, a society may organize and operate lodges for children under the minimum age for adult membership. Membership and initiation in local lodges shall not be required of such children, nor shall they have a voice or vote in the management of the society.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-16-106 — AR Code / Title 23 / Chapter 16 / Subchapter 1 / Section 23-16-106
Record of cost of operation kept
Status: in_force

(a) The Arkansas Department of Transportation shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep a separate and accurate record of that part of the cost of operation and maintenance of the department having to do with matters relating to the regulation of: (1) Rail carriers, which costs are hereinafter referred to as "rail carrier costs"; and (2) Other carriers, which costs are hereinafter referred to as "other carrier costs". (b) In a similar manner to that set forth in subsection (a) of this section, an officer or employee of the Arkansas Public Service Commission shall keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with matters relating to: (1) Public utilities, other than rail carriers, and other carriers which are subject to regulation by the commission; and (2) The Tax Division of the Arkansas Public Service Commission. Amended by Act 2017, No. 707,§ 261, eff. 8/1/2017. Acts 1949, No. 262, § 2; A.S.A. 1947, § 73-269.

(a) The Arkansas Department of Transportation shall designate one (1) of its officers or employees who is familiar with cost accounting methods to keep a separate and accurate record of that part of the cost of operation and maintenance of the department having to do with matters relating to the regulation of: (1) Rail carriers, which costs are hereinafter referred to as "rail carrier costs"; and (2) Other carriers, which costs are hereinafter referred to as "other carrier costs".

(1) Rail carriers, which costs are hereinafter referred to as "rail carrier costs"; and

(2) Other carriers, which costs are hereinafter referred to as "other carrier costs".

(b) In a similar manner to that set forth in subsection (a) of this section, an officer or employee of the Arkansas Public Service Commission shall keep an accurate record of that part of the cost of operation and maintenance of the commission having to do with matters relating to: (1) Public utilities, other than rail carriers, and other carriers which are subject to regulation by the commission; and (2) The Tax Division of the Arkansas Public Service Commission.

(1) Public utilities, other than rail carriers, and other carriers which are subject to regulation by the commission; and

(2) The Tax Division of the Arkansas Public Service Commission.

Amended by Act 2017, No. 707,§ 261, eff. 8/1/2017.

Acts 1949, No. 262, § 2; A.S.A. 1947, § 73-269.
Ark. Code Ann. § 23-79-1901 — AR Code / Title 23 / Chapter 79 / Subchapter 19 / Section 23-79-1901
Findings
Status: in_force

The General Assembly finds that: (1) Pediatric acute-onset neuropsychiatric syndrome, also known as "PANS", is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of acute behavioral deterioration or motor and sensory changes, or both; (2) Pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections, also known as "PANDAS", is a term used to describe a subset of children and adolescents within the broader PANS classification; (3) Some insurance companies are currently providing disparate insurance coverage for the treatment of PANS and PANDAS, including the State and Public School Life and Health Insurance Program, the University of Arkansas for Medical Sciences, Medicaid, and some insurance companies that serve the interests of Arkansans; and (4) However, not all insurance providers in Arkansas provide coverage or sufficient coverage for PANS and PANDAS, and those insurance companies that do should be consistent in coverage of treatment of PANS and PANDAS. Added by Act 2019, No. 878,§ 1, eff. 7/24/2019.

The General Assembly finds that:

(1) Pediatric acute-onset neuropsychiatric syndrome, also known as "PANS", is a clinically defined disorder characterized by the sudden onset of obsessive-compulsive symptoms or eating restrictions, accompanied by two (2) or more symptoms of acute behavioral deterioration or motor and sensory changes, or both;

(2) Pediatric autoimmune neuropsychiatric disorder associated with streptococcal infections, also known as "PANDAS", is a term used to describe a subset of children and adolescents within the broader PANS classification;

(3) Some insurance companies are currently providing disparate insurance coverage for the treatment of PANS and PANDAS, including the State and Public School Life and Health Insurance Program, the University of Arkansas for Medical Sciences, Medicaid, and some insurance companies that serve the interests of Arkansans; and

(4) However, not all insurance providers in Arkansas provide coverage or sufficient coverage for PANS and PANDAS, and those insurance companies that do should be consistent in coverage of treatment of PANS and PANDAS.

Added by Act 2019, No. 878,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 23-4-701 — AR Code / Title 23 / Chapter 4 / Subchapter 7 / Section 23-4-701
Definition
Status: in_force

As used in this act, unless the context otherwise requires, "engaged in transporting persons or property" shall be held to include all carriers of property by railroad, whether the carriers are designated as freight or express. Acts 1899, No. 53, § 24, p. 82; C. & M. Dig., § 1622; Pope's Dig., § 1944; A.S.A. 1947, § 73-1523.

As used in this act, unless the context otherwise requires, "engaged in transporting persons or property" shall be held to include all carriers of property by railroad, whether the carriers are designated as freight or express.

Acts 1899, No. 53, § 24, p. 82; C. & M. Dig., § 1622; Pope's Dig., § 1944; A.S.A. 1947, § 73-1523.
Ark. Code Ann. § 23-17-102 — AR Code / Title 23 / Chapter 17 / Subchapter 1 / Section 23-17-102
Railroads may operate telegraphs and telephones - Authority
Status: in_force

Any railroad company incorporated by the laws of or operating lines of railroad within this state, upon filing its assent to this section and §§ 23-17-101 , 23-17-103 - 23-17-108 , and 23-17-113 in the office of the Secretary of State, shall thereby become clothed with the rights, powers, and duties provided for telegraph and telephone companies. Acts 1885, No. 107, § 12, p. 176; C. & M. Dig., § 10248; Pope's Dig., § 14257; A.S.A. 1947, § 73-1802.

Any railroad company incorporated by the laws of or operating lines of railroad within this state, upon filing its assent to this section and §§ 23-17-101 , 23-17-103 - 23-17-108 , and 23-17-113 in the office of the Secretary of State, shall thereby become clothed with the rights, powers, and duties provided for telegraph and telephone companies.

Acts 1885, No. 107, § 12, p. 176; C. & M. Dig., § 10248; Pope's Dig., § 14257; A.S.A. 1947, § 73-1802.
Ark. Code Ann. § 23-89-101 — AR Code / Title 23 / Chapter 89 / Subchapter 1 / Section 23-89-101
Subrogation of injured person to right of insured
Status: in_force

(a) Any policy of insurance issued or delivered in this state indemnifying any person against any actual money loss sustained by the person for damages inflicted upon the property or person of another shall contain a provision that the injured person, or his or her personal representative, shall be subrogated to the right of the insured named in the policy. (b) The policy shall also contain a provision that the injured person, or his or her personal representative, whether the provision is actually inserted in the policy or not, may maintain a direct cause of action against the insurer issuing the policy for the amount of the judgment rendered against the insured, not exceeding the amount of the policy, provided the judgment remains unsatisfied at the expiration of thirty (30) days from the serving of notice of entry of judgment upon the attorney for the insured or upon the insured or upon the insurer. Acts 1959, No. 148, § 447; A.S.A. 1947, § 66-4001.

(a) Any policy of insurance issued or delivered in this state indemnifying any person against any actual money loss sustained by the person for damages inflicted upon the property or person of another shall contain a provision that the injured person, or his or her personal representative, shall be subrogated to the right of the insured named in the policy.

(b) The policy shall also contain a provision that the injured person, or his or her personal representative, whether the provision is actually inserted in the policy or not, may maintain a direct cause of action against the insurer issuing the policy for the amount of the judgment rendered against the insured, not exceeding the amount of the policy, provided the judgment remains unsatisfied at the expiration of thirty (30) days from the serving of notice of entry of judgment upon the attorney for the insured or upon the insured or upon the insurer.

Acts 1959, No. 148, § 447; A.S.A. 1947, § 66-4001.
Ark. Code Ann. § 23-55-701 — AR Code / Title 23 / Chapter 55 / Section 23-55-701
Maintenance of permissible investments
Status: in_force

(a) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles or international financial reporting standards of not less than the aggregate amount of all of its outstanding money transmission obligations. (b) A licensee transmitting virtual currency shall hold like-kind virtual currency of the same volume as that held by the licensee but which is obligated to consumers in lieu of the permissible investments required in subsection (a). (c) A licensee conducting activities as described in subsections (a) and (b) shall maintain applicable levels and types of permissible investments as described in subsections (a) and (b). (d) Except for permissible investments enumerated in § 23-55-702(a) , the commissioner, with respect to any licensee, may by rule or order limit the extent to which a specific investment maintained by a licensee within a class of permissible investments may be considered a permissible investment if the specific investment represents undue risk to customers that is not reflected in the market value of investments. (e) (1) Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations in the event of: (A) insolvency; (B) the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., as it existed on January 1, 2023, for bankruptcy or reorganization; (C) the filing of a petition by or against the licensee for receivership; (D) the commencement of any other judicial or administrative proceeding for the licensee's dissolution or reorganization; or (E) an action by a creditor against the licensee who is not a beneficiary of the statutory trust under this subsection. (2) Permissible investments impressed with a trust under this section shall not be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of the statutory trusts under this section. (f) (1) Upon the establishment of a statutory trust under subsection (e) or if any funds are drawn on a letter of credit under § 23-55-702(a)(5) , then the commissioner shall notify the applicable regulator of each state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the statutory trust or the funds drawn on the letter of credit, as applicable. (2) Notice shall be deemed satisfied if performed under a multistate agreement or through the Nationwide Multistate Licensing System and Registry. (3) Funds drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations, are deemed held in trust for the benefit of the purchasers and holders on a pro rata and equitable basis according to statutes under which permissible investments are required to be held in this state, and other states, as applicable. (4) Any statutory trust established under this subchapter shall be terminated upon extinguishment of all of the licensee's outstanding money transmission obligations. (g) (1) The commissioner by rule or by order may allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment. (2) The commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment. Amended by Act 2023, No. 442,§ 10, eff. 8/1/2023. Amended by Act 2021, No. 532,§ 21, eff. 7/28/2021. Amended by Act 2019, No. 111,§ 8, eff. 7/24/2019. Amended by Act 2013, No. 531,§ 8, eff. 8/16/2013. Acts 2007, No. 1595, § 1.

(a) A licensee shall maintain at all times permissible investments that have a market value computed in accordance with generally accepted accounting principles or international financial reporting standards of not less than the aggregate amount of all of its outstanding money transmission obligations.

(b) A licensee transmitting virtual currency shall hold like-kind virtual currency of the same volume as that held by the licensee but which is obligated to consumers in lieu of the permissible investments required in subsection (a).

(c) A licensee conducting activities as described in subsections (a) and (b) shall maintain applicable levels and types of permissible investments as described in subsections (a) and (b).

(d) Except for permissible investments enumerated in § 23-55-702(a) , the commissioner, with respect to any licensee, may by rule or order limit the extent to which a specific investment maintained by a licensee within a class of permissible investments may be considered a permissible investment if the specific investment represents undue risk to customers that is not reflected in the market value of investments.

(e) (1) Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations in the event of: (A) insolvency; (B) the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., as it existed on January 1, 2023, for bankruptcy or reorganization; (C) the filing of a petition by or against the licensee for receivership; (D) the commencement of any other judicial or administrative proceeding for the licensee's dissolution or reorganization; or (E) an action by a creditor against the licensee who is not a beneficiary of the statutory trust under this subsection. (2) Permissible investments impressed with a trust under this section shall not be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of the statutory trusts under this section.

(1) Permissible investments, even if commingled with other assets of the licensee, are held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations in the event of: (A) insolvency; (B) the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., as it existed on January 1, 2023, for bankruptcy or reorganization; (C) the filing of a petition by or against the licensee for receivership; (D) the commencement of any other judicial or administrative proceeding for the licensee's dissolution or reorganization; or (E) an action by a creditor against the licensee who is not a beneficiary of the statutory trust under this subsection.

(A) insolvency;

(B) the filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., as it existed on January 1, 2023, for bankruptcy or reorganization;

(C) the filing of a petition by or against the licensee for receivership;

(D) the commencement of any other judicial or administrative proceeding for the licensee's dissolution or reorganization; or

(E) an action by a creditor against the licensee who is not a beneficiary of the statutory trust under this subsection.

(2) Permissible investments impressed with a trust under this section shall not be subject to attachment, levy of execution, or sequestration by order of any court, except for a beneficiary of the statutory trusts under this section.

(f) (1) Upon the establishment of a statutory trust under subsection (e) or if any funds are drawn on a letter of credit under § 23-55-702(a)(5) , then the commissioner shall notify the applicable regulator of each state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the statutory trust or the funds drawn on the letter of credit, as applicable. (2) Notice shall be deemed satisfied if performed under a multistate agreement or through the Nationwide Multistate Licensing System and Registry. (3) Funds drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations, are deemed held in trust for the benefit of the purchasers and holders on a pro rata and equitable basis according to statutes under which permissible investments are required to be held in this state, and other states, as applicable. (4) Any statutory trust established under this subchapter shall be terminated upon extinguishment of all of the licensee's outstanding money transmission obligations.

(1) Upon the establishment of a statutory trust under subsection (e) or if any funds are drawn on a letter of credit under § 23-55-702(a)(5) , then the commissioner shall notify the applicable regulator of each state in which the licensee is licensed to engage in money transmission, if any, of the establishment of the statutory trust or the funds drawn on the letter of credit, as applicable.

(2) Notice shall be deemed satisfied if performed under a multistate agreement or through the Nationwide Multistate Licensing System and Registry.

(3) Funds drawn on a letter of credit, and any other permissible investments held in trust for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations, are deemed held in trust for the benefit of the purchasers and holders on a pro rata and equitable basis according to statutes under which permissible investments are required to be held in this state, and other states, as applicable.

(4) Any statutory trust established under this subchapter shall be terminated upon extinguishment of all of the licensee's outstanding money transmission obligations.

(g) (1) The commissioner by rule or by order may allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment. (2) The commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment.

(1) The commissioner by rule or by order may allow other types of investments that the commissioner determines are of sufficient liquidity and quality to be a permissible investment.

(2) The commissioner may participate in efforts with other state regulators to determine that other types of investments are of sufficient liquidity and quality to be a permissible investment.

Amended by Act 2023, No. 442,§ 10, eff. 8/1/2023.

Amended by Act 2021, No. 532,§ 21, eff. 7/28/2021.

Amended by Act 2019, No. 111,§ 8, eff. 7/24/2019.

Amended by Act 2013, No. 531,§ 8, eff. 8/16/2013.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-2-307 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-307
Inventories of property may be required
Status: in_force

The commission shall have the power and authority by order to require any public utility from time to time to furnish on forms prescribed by the commission a verified, itemized, and detailed inventory or appraisal of any or all of its property as to which the commission should have knowledge in order to enable it to perform its duties under this act. Acts 1935, No. 324, § 21; Pope's Dig., § 2084; A.S.A. 1947, § 73-220.

The commission shall have the power and authority by order to require any public utility from time to time to furnish on forms prescribed by the commission a verified, itemized, and detailed inventory or appraisal of any or all of its property as to which the commission should have knowledge in order to enable it to perform its duties under this act.

Acts 1935, No. 324, § 21; Pope's Dig., § 2084; A.S.A. 1947, § 73-220.
Ark. Code Ann. § 23-17-210 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-210
Articles of incorporation - Execution, filing, and recording
Status: in_force

(a) Duplicate originals of the articles of incorporation shall be signed by the incorporators and acknowledged before an officer authorized by the laws of this state to take acknowledgments to deeds and conveyances. These duplicate originals shall be filed in the office of the Secretary of State. (b) If the Secretary of State finds that the articles of incorporation conform to law and when the fees prescribed by this subchapter have been paid, he or she shall: (1) Endorse on the originals the word "filed" and the month, day, and year of the filing; (2) File one (1) of the originals in his or her office and deliver the other to the incorporators; and (3) Issue a certificate of incorporation to the incorporators. (c) The incorporators shall file for record a copy of the original articles of incorporation bearing the filing of the Secretary of State. Acts 1951, No. 51, § 8; A.S.A. 1947, § 77-1608; Acts 1997, No. 316, § 4.

(a) Duplicate originals of the articles of incorporation shall be signed by the incorporators and acknowledged before an officer authorized by the laws of this state to take acknowledgments to deeds and conveyances. These duplicate originals shall be filed in the office of the Secretary of State.

(b) If the Secretary of State finds that the articles of incorporation conform to law and when the fees prescribed by this subchapter have been paid, he or she shall: (1) Endorse on the originals the word "filed" and the month, day, and year of the filing; (2) File one (1) of the originals in his or her office and deliver the other to the incorporators; and (3) Issue a certificate of incorporation to the incorporators.

(1) Endorse on the originals the word "filed" and the month, day, and year of the filing;

(2) File one (1) of the originals in his or her office and deliver the other to the incorporators; and

(3) Issue a certificate of incorporation to the incorporators.

(c) The incorporators shall file for record a copy of the original articles of incorporation bearing the filing of the Secretary of State.

Acts 1951, No. 51, § 8; A.S.A. 1947, § 77-1608; Acts 1997, No. 316, § 4.
Ark. Code Ann. § 23-85-121 — AR Code / Title 23 / Chapter 85 / Section 23-85-121
Optional other insurance in this insurer provision
Status: in_force

(a) There may be a provision as follows: "Other Insurance in This Insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured is in force concurrently herewith, making the aggregate indemnity for ...............(insert type of coverage or coverages) in excess of $............... (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate." (b) In lieu of the provision in subsection (a) of this section, there may be a provision as follows: "Insurance effective at any one (1) time on the insured under a like policy or policies in this insurer is limited to the one (1) such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies." Acts 1959, No. 148, § 404; A.S.A. 1947, § 66-3619.

(a) There may be a provision as follows: "Other Insurance in This Insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured is in force concurrently herewith, making the aggregate indemnity for ...............(insert type of coverage or coverages) in excess of $............... (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate."

"Other Insurance in This Insurer: If an accident or sickness or accident and sickness policy or policies previously issued by the insurer to the insured is in force concurrently herewith, making the aggregate indemnity for ...............(insert type of coverage or coverages) in excess of $............... (insert maximum limit of indemnity or indemnities) the excess insurance shall be void and all premiums paid for such excess shall be returned to the insured or to his estate."

(b) In lieu of the provision in subsection (a) of this section, there may be a provision as follows: "Insurance effective at any one (1) time on the insured under a like policy or policies in this insurer is limited to the one (1) such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies."

"Insurance effective at any one (1) time on the insured under a like policy or policies in this insurer is limited to the one (1) such policy elected by the insured, his beneficiary or his estate, as the case may be, and the insurer will return all premiums paid for all other such policies."

Acts 1959, No. 148, § 404; A.S.A. 1947, § 66-3619.
Ark. Code Ann. § 23-14-110 — AR Code / Title 23 / Chapter 14 / Section 23-14-110
Certificates - Application - Notice and hearings
Status: in_force

(a) Applications for certificates shall be made in writing to the Arkansas Department of Transportation, shall be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the department shall by rule require. (b) (1) Upon the filing of an application for a certificate, the department shall give due notice thereof to such persons and by such means as the department may by rule determine. (2) Any interested person may file with the department a protest or memorandum of opposition to or in support of the issuance of a certificate. (c) A public hearing shall be held on the application if the applicant or any person having a substantial interest in the proceeding shall so request within such time as the department shall by rule provide. Amended by Act 2019, No. 315,§ 2455, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 240, eff. 8/1/2017. Acts 1945, No. 252, § 6; A.S.A. 1947, § 74-406.

(a) Applications for certificates shall be made in writing to the Arkansas Department of Transportation, shall be verified under oath, and shall be in such form and contain such information and be accompanied by proof of service upon such interested parties as the department shall by rule require.

(b) (1) Upon the filing of an application for a certificate, the department shall give due notice thereof to such persons and by such means as the department may by rule determine. (2) Any interested person may file with the department a protest or memorandum of opposition to or in support of the issuance of a certificate.

(1) Upon the filing of an application for a certificate, the department shall give due notice thereof to such persons and by such means as the department may by rule determine.

(2) Any interested person may file with the department a protest or memorandum of opposition to or in support of the issuance of a certificate.

(c) A public hearing shall be held on the application if the applicant or any person having a substantial interest in the proceeding shall so request within such time as the department shall by rule provide.

Amended by Act 2019, No. 315,§ 2455, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 240, eff. 8/1/2017.

Acts 1945, No. 252, § 6; A.S.A. 1947, § 74-406.
Ark. Code Ann. § 23-19-210 — AR Code / Title 23 / Chapter 19 / Subchapter 2 / Section 23-19-210
Applicability of other laws
Status: in_force

(a) The General Assembly intends that this subchapter be consistent with the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as it existed on January 1, 2013. (b) Except as otherwise stated in this subchapter, this subchapter shall not be interpreted to prevent a video service provider, a political subdivision, or a franchising entity from entering into a negotiated franchise agreement with a political subdivision or seeking clarification of its rights and obligations under federal or state law or to exercise a right or authority under federal or state law. (c) This subchapter does not limit, abrogate, or supersede Title 23, Chapter 17, of this Code regarding telecommunications service in the state, and does not require a telephone corporation to get a certificate of franchise authority or local authorization under this subchapter to permit the telephone corporation to construct, upgrade, operate, or maintain its telecommunications system to provide telecommunications service. (d) The regulation of a person holding a certificate of franchise authority issued under this subchapter shall be exclusive to the Secretary of State as provided under this subchapter. (e) A person holding a certificate of franchise, with respect to any political subdivision identified by the video service provider in its application or modifications filed under § 23-19-203 , shall not be required to obtain any authorization, permit, franchise, or license from, or pay another fee or franchise tax to, or post bond in any political subdivision of this state to engage in the business or perform any service authorized under this subchapter. Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.

(a) The General Assembly intends that this subchapter be consistent with the Cable Communications Policy Act of 1984, 47 U.S.C. § 521 et seq., as it existed on January 1, 2013.

(b) Except as otherwise stated in this subchapter, this subchapter shall not be interpreted to prevent a video service provider, a political subdivision, or a franchising entity from entering into a negotiated franchise agreement with a political subdivision or seeking clarification of its rights and obligations under federal or state law or to exercise a right or authority under federal or state law.

(c) This subchapter does not limit, abrogate, or supersede Title 23, Chapter 17, of this Code regarding telecommunications service in the state, and does not require a telephone corporation to get a certificate of franchise authority or local authorization under this subchapter to permit the telephone corporation to construct, upgrade, operate, or maintain its telecommunications system to provide telecommunications service.

(d) The regulation of a person holding a certificate of franchise authority issued under this subchapter shall be exclusive to the Secretary of State as provided under this subchapter.

(e) A person holding a certificate of franchise, with respect to any political subdivision identified by the video service provider in its application or modifications filed under § 23-19-203 , shall not be required to obtain any authorization, permit, franchise, or license from, or pay another fee or franchise tax to, or post bond in any political subdivision of this state to engage in the business or perform any service authorized under this subchapter.

Added by Act 2013, No. 276,§ 2, eff. 3/6/2013.
Ark. Code Ann. § 23-86-109 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-109
Group accident and health insurance - Optional continuation of benefit provisions
Status: in_force

Any group accident and health insurance policy that contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, or surgical services for members of the family or dependents of a person in the insured group may provide for the continuation of the benefit provisions, or any parts thereof, after the death of the person in the insured group. Acts 1959, No. 148, § 419; A.S.A. 1947, § 66-3701; Acts 2001, No. 1063, § 9.

Any group accident and health insurance policy that contains provisions for the payment by the insurer of benefits for expenses incurred on account of hospital, nursing, medical, or surgical services for members of the family or dependents of a person in the insured group may provide for the continuation of the benefit provisions, or any parts thereof, after the death of the person in the insured group.

Acts 1959, No. 148, § 419; A.S.A. 1947, § 66-3701; Acts 2001, No. 1063, § 9.
Ark. Code Ann. § 23-79-517 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-517
Individuals moving to Arkansas and previously covered by another qualified high-risk pool
Status: in_force

(a) Notwithstanding § 23-79-510(f) , if a resident eligible person is eligible for plan coverage because the person previously was covered under a qualified high-risk pool of another state, a preexisting condition exclusion otherwise applicable to the resident eligible person: (1) Shall be reduced by each month of coverage in which the resident eligible person was subject to a preexisting condition exclusion in the other state's qualified high-risk pool; or (2) Does not apply if the resident eligible person was not subject to a preexisting condition exclusion in the other state's qualified high-risk pool. (b) This section expires on the last day an individual may be enrolled into plan coverage under this subchapter. Added by Act 2013, No. 713,§ 2, eff. 4/4/2013.

(a) Notwithstanding § 23-79-510(f) , if a resident eligible person is eligible for plan coverage because the person previously was covered under a qualified high-risk pool of another state, a preexisting condition exclusion otherwise applicable to the resident eligible person: (1) Shall be reduced by each month of coverage in which the resident eligible person was subject to a preexisting condition exclusion in the other state's qualified high-risk pool; or (2) Does not apply if the resident eligible person was not subject to a preexisting condition exclusion in the other state's qualified high-risk pool.

(1) Shall be reduced by each month of coverage in which the resident eligible person was subject to a preexisting condition exclusion in the other state's qualified high-risk pool; or

(2) Does not apply if the resident eligible person was not subject to a preexisting condition exclusion in the other state's qualified high-risk pool.

(b) This section expires on the last day an individual may be enrolled into plan coverage under this subchapter.

Added by Act 2013, No. 713,§ 2, eff. 4/4/2013.
Ark. Code Ann. § 23-92-401 — AR Code / Title 23 / Chapter 92 / Subchapter 4 / Section 23-92-401
Title
Status: in_force

This subchapter may be cited as the "Arkansas Professional Employer Organization Recognition and Licensing Act". Acts 2003, No. 1750, § 1.

This subchapter may be cited as the "Arkansas Professional Employer Organization Recognition and Licensing Act".

Acts 2003, No. 1750, § 1.
Ark. Code Ann. § 23-114-203 — AR Code / Title 23 / Chapter 114 / Subchapter 2 / Section 23-114-203
Rulemaking authority
Status: in_force

The Secretary of the Department of Finance and Administration may adopt rules to aid in the enforcement and administration of this chapter. Amended by Act 2019, No. 910,§ 3523, eff. 7/1/2019. Acts 2007, No. 388, § 1.

The Secretary of the Department of Finance and Administration may adopt rules to aid in the enforcement and administration of this chapter.

Amended by Act 2019, No. 910,§ 3523, eff. 7/1/2019.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-62-112 — AR Code / Title 23 / Chapter 62 / Subchapter 1 / Section 23-62-112
Family leave insurance - Purpose - Definition
Status: in_force

(a) The purpose of this section is to create a new line of insurance, known as "family leave insurance", to allow an insurer licensed to transact accident and health or life insurance business in this state to issue an insurance policy covering the risk of family leave. (b) As used in the Arkansas Insurance Code, "family leave insurance" means an insurance policy that is issued to an employer related to a benefit program that is provided to an employee to pay for a percentage or portion of the employee's income loss due to: (1) The birth of the employee's child or adoption of a child by the employee; (2) The placement of a foster child in the home of the employee; (3) The care of the employee's family member who has a serious health condition; or (4) Circumstances arising because the employee's family member, who is a service member, is on active duty or has been notified of an impending call or order to active duty. (c) Family leave insurance may be: (1) Written as: (A) An amendment or rider to a group disability income insurance policy; or (B) A separate group insurance policy purchased by an employer; or (2) Included in a group disability income insurance policy. (d) An insurer that is authorized to transact accident and health or life insurance business in this state may issue family leave insurance in this state. Added by Act 2023, No. 84,§ 1, eff. 8/1/2023.

(a) The purpose of this section is to create a new line of insurance, known as "family leave insurance", to allow an insurer licensed to transact accident and health or life insurance business in this state to issue an insurance policy covering the risk of family leave.

(b) As used in the Arkansas Insurance Code, "family leave insurance" means an insurance policy that is issued to an employer related to a benefit program that is provided to an employee to pay for a percentage or portion of the employee's income loss due to: (1) The birth of the employee's child or adoption of a child by the employee; (2) The placement of a foster child in the home of the employee; (3) The care of the employee's family member who has a serious health condition; or (4) Circumstances arising because the employee's family member, who is a service member, is on active duty or has been notified of an impending call or order to active duty.

(1) The birth of the employee's child or adoption of a child by the employee;

(2) The placement of a foster child in the home of the employee;

(3) The care of the employee's family member who has a serious health condition; or

(4) Circumstances arising because the employee's family member, who is a service member, is on active duty or has been notified of an impending call or order to active duty.

(c) Family leave insurance may be: (1) Written as: (A) An amendment or rider to a group disability income insurance policy; or (B) A separate group insurance policy purchased by an employer; or (2) Included in a group disability income insurance policy.

(1) Written as: (A) An amendment or rider to a group disability income insurance policy; or (B) A separate group insurance policy purchased by an employer; or

(A) An amendment or rider to a group disability income insurance policy; or

(B) A separate group insurance policy purchased by an employer; or

(2) Included in a group disability income insurance policy.

(d) An insurer that is authorized to transact accident and health or life insurance business in this state may issue family leave insurance in this state.

Added by Act 2023, No. 84,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-87-115 — AR Code / Title 23 / Chapter 87 / Section 23-87-115
Claims
Status: in_force

(a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract. (b) All claims shall be paid by check or draft of the insurer to the order of, or by electronic funds transfer to an account of, the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of the claimant, to one specified. (c) No plan or arrangement shall be used whereby any person, firm, or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims, except that a group policyholder, by arrangement with the group insurer, may draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer. Amended by Act 2021, No. 367,§ 23, eff. 7/28/2021. Acts 1959, No. 148, § 439; 1983, No. 477, § 1; A.S.A. 1947, § 66-3813.

(a) All claims shall be promptly reported to the insurer or its designated claim representative, and the insurer shall maintain adequate claim files. All claims shall be settled as soon as possible and in accordance with the terms of the insurance contract.

(b) All claims shall be paid by check or draft of the insurer to the order of, or by electronic funds transfer to an account of, the claimant to whom payment of the claim is due pursuant to the policy provisions, or upon direction of the claimant, to one specified.

(c) No plan or arrangement shall be used whereby any person, firm, or corporation other than the insurer or its designated claim representative shall be authorized to settle or adjust claims. The creditor shall not be designated as claim representative for the insurer in adjusting claims, except that a group policyholder, by arrangement with the group insurer, may draw drafts or checks in payment of claims due to the group policyholder subject to audit and review by the insurer.

Amended by Act 2021, No. 367,§ 23, eff. 7/28/2021.

Acts 1959, No. 148, § 439; 1983, No. 477, § 1; A.S.A. 1947, § 66-3813.
Ark. Code Ann. § 23-61-807 — AR Code / Title 23 / Chapter 61 / Subchapter 8 / Section 23-61-807
Relation to other laws
Status: in_force

(a) This subchapter is amendatory to the Arkansas Insurance Code. (b) Provisions of the Arkansas Insurance Code that are not in conflict with this subchapter are applicable to this subchapter. (c) This subchapter and actions taken by the Arkansas Health Insurance Marketplace under this subchapter shall not be construed to preempt or supersede the authority of the Insurance Commissioner to regulate the business of insurance within this state. (d) Except as expressly provided to the contrary in this subchapter, a health insurer offering a qualified health plan in this state shall comply fully with all applicable health insurance laws of this state and rules adopted and orders issued by the commissioner. Amended by Act 2019, No. 315,§ 2624, eff. 7/24/2019. Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.

(a) This subchapter is amendatory to the Arkansas Insurance Code.

(b) Provisions of the Arkansas Insurance Code that are not in conflict with this subchapter are applicable to this subchapter.

(c) This subchapter and actions taken by the Arkansas Health Insurance Marketplace under this subchapter shall not be construed to preempt or supersede the authority of the Insurance Commissioner to regulate the business of insurance within this state.

(d) Except as expressly provided to the contrary in this subchapter, a health insurer offering a qualified health plan in this state shall comply fully with all applicable health insurance laws of this state and rules adopted and orders issued by the commissioner.

Amended by Act 2019, No. 315,§ 2624, eff. 7/24/2019.

Added by Act 2013, No. 1500,§ 1, eff. 4/23/2013.
Ark. Code Ann. § 23-4-208 — AR Code / Title 23 / Chapter 4 / Subchapter 2 / Section 23-4-208
Water and sewer services for military installations
Status: in_force

The Arkansas Public Service Commission shall have jurisdiction to set rates to be paid by military installations for water and sewer services provided by a municipality located in a county having a population in excess of two hundred thousand (200,000) persons if the governing body of the municipality petitions the commission to exercise this jurisdiction. Acts 1988 (4th Ex. Sess.), No. 21, § 2.

The Arkansas Public Service Commission shall have jurisdiction to set rates to be paid by military installations for water and sewer services provided by a municipality located in a county having a population in excess of two hundred thousand (200,000) persons if the governing body of the municipality petitions the commission to exercise this jurisdiction.

Acts 1988 (4th Ex. Sess.), No. 21, § 2.
Ark. Code Ann. § 23-67-312 — AR Code / Title 23 / Chapter 67 / Subchapter 3 / Section 23-67-312
Alternate preferred plan
Status: in_force

(a) The Insurance Commissioner shall establish within the Arkansas Workers' Compensation Insurance Plan an alternate preferred plan for employers, including logging or pulpwood dealers or contractors, who have carried workers' compensation insurance coverage continuously for at least four (4) policy years and who have had better than average loss experience and meet such additional reasonable standards as the commissioner shall by rule prescribe. (b) Such an alternate preferred plan shall address the issues of deductibles and deposit premiums and make such provisions and allowances with respect thereto which are economically sound and in the best interest of the plan and the industries affected. Amended by Act 2019, No. 315,§ 2677, eff. 7/24/2019. Acts 1993, No. 1269, § 1.

(a) The Insurance Commissioner shall establish within the Arkansas Workers' Compensation Insurance Plan an alternate preferred plan for employers, including logging or pulpwood dealers or contractors, who have carried workers' compensation insurance coverage continuously for at least four (4) policy years and who have had better than average loss experience and meet such additional reasonable standards as the commissioner shall by rule prescribe.

(b) Such an alternate preferred plan shall address the issues of deductibles and deposit premiums and make such provisions and allowances with respect thereto which are economically sound and in the best interest of the plan and the industries affected.

Amended by Act 2019, No. 315,§ 2677, eff. 7/24/2019.

Acts 1993, No. 1269, § 1.
Ark. Code Ann. § 23-99-1104 — AR Code / Title 23 / Chapter 99 / Subchapter 11 / Section 23-99-1104
Disclosure required
Status: in_force

(a) (1) (A) A utilization review entity shall disclose all of its prior authorization requirements and restrictions in a publicly accessible manner on its website. (B) The disclosure under subdivision (a)(1)(A) of this section shall include: (i) A list of any healthcare services that require prior authorization; and (ii) Any written clinical criteria. (2) The information described in subdivision (a)(1) of this section shall be explained in detail and in clear and ordinary terms. (3) (A) Utilization review entities that have agreed, by contract with vendors or third-party administrators, to use licensed, proprietary, or copyrighted protected clinical criteria from the vendors or administrators may satisfy the disclosure requirement under subdivision (a)(1) of this section by making all relevant proprietary clinical criteria available to a healthcare provider that submits a prior authorization request to the utilization review entity through a secured link on the utilization review entity's website that is accessible to the healthcare provider from the public part of its website as long as any link or access restrictions to the information do not cause any delay to the healthcare provider. (B) For out-of-network providers, a utilization review entity may meet the requirements of this subdivision (a)(3) by: (i) Providing the healthcare provider with temporary electronic access in a timely manner to a secure site to review copyright-protected clinical criteria; or (ii) Disclosing copyright-protected clinical criteria in a timely manner to a healthcare provider through other electronic or telephonic means. (b) Before a utilization review entity implements a new or amended prior authorization requirement or restriction as described in subdivision (a)(1) of this section, the utilization review entity shall update its website to reflect the new or amended requirement or restriction. (c) Before implementing a new or amended prior authorization requirement or restriction, a utilization review entity shall provide contracted healthcare providers written notice of the new or amended requirement or restriction at least sixty (60) days before implementation of the new or amended requirement or restriction. (d) (1) A utilization review entity shall make statistics available regarding prior authorization approvals and denials on its website in a readily accessible format. (2) The statistics made available by a utilization review entity under this subsection shall categorize approvals and denials by: (A) Physician specialty; (B) Medication or diagnostic test or procedure; (C) Medical indication offered as justification for the prior authorization request; and (D) Reason for denial. Amended by Act 2023, No. 575,§ 3, eff. 8/1/2023. Amended by Act 2017, No. 815,§ 3, eff. 8/1/2017. Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.

(a) (1) (A) A utilization review entity shall disclose all of its prior authorization requirements and restrictions in a publicly accessible manner on its website. (B) The disclosure under subdivision (a)(1)(A) of this section shall include: (i) A list of any healthcare services that require prior authorization; and (ii) Any written clinical criteria. (2) The information described in subdivision (a)(1) of this section shall be explained in detail and in clear and ordinary terms. (3) (A) Utilization review entities that have agreed, by contract with vendors or third-party administrators, to use licensed, proprietary, or copyrighted protected clinical criteria from the vendors or administrators may satisfy the disclosure requirement under subdivision (a)(1) of this section by making all relevant proprietary clinical criteria available to a healthcare provider that submits a prior authorization request to the utilization review entity through a secured link on the utilization review entity's website that is accessible to the healthcare provider from the public part of its website as long as any link or access restrictions to the information do not cause any delay to the healthcare provider. (B) For out-of-network providers, a utilization review entity may meet the requirements of this subdivision (a)(3) by: (i) Providing the healthcare provider with temporary electronic access in a timely manner to a secure site to review copyright-protected clinical criteria; or (ii) Disclosing copyright-protected clinical criteria in a timely manner to a healthcare provider through other electronic or telephonic means.

(1) (A) A utilization review entity shall disclose all of its prior authorization requirements and restrictions in a publicly accessible manner on its website. (B) The disclosure under subdivision (a)(1)(A) of this section shall include: (i) A list of any healthcare services that require prior authorization; and (ii) Any written clinical criteria.

(A) A utilization review entity shall disclose all of its prior authorization requirements and restrictions in a publicly accessible manner on its website.

(B) The disclosure under subdivision (a)(1)(A) of this section shall include: (i) A list of any healthcare services that require prior authorization; and (ii) Any written clinical criteria.

(i) A list of any healthcare services that require prior authorization; and

(ii) Any written clinical criteria.

(2) The information described in subdivision (a)(1) of this section shall be explained in detail and in clear and ordinary terms.

(3) (A) Utilization review entities that have agreed, by contract with vendors or third-party administrators, to use licensed, proprietary, or copyrighted protected clinical criteria from the vendors or administrators may satisfy the disclosure requirement under subdivision (a)(1) of this section by making all relevant proprietary clinical criteria available to a healthcare provider that submits a prior authorization request to the utilization review entity through a secured link on the utilization review entity's website that is accessible to the healthcare provider from the public part of its website as long as any link or access restrictions to the information do not cause any delay to the healthcare provider. (B) For out-of-network providers, a utilization review entity may meet the requirements of this subdivision (a)(3) by: (i) Providing the healthcare provider with temporary electronic access in a timely manner to a secure site to review copyright-protected clinical criteria; or (ii) Disclosing copyright-protected clinical criteria in a timely manner to a healthcare provider through other electronic or telephonic means.

(A) Utilization review entities that have agreed, by contract with vendors or third-party administrators, to use licensed, proprietary, or copyrighted protected clinical criteria from the vendors or administrators may satisfy the disclosure requirement under subdivision (a)(1) of this section by making all relevant proprietary clinical criteria available to a healthcare provider that submits a prior authorization request to the utilization review entity through a secured link on the utilization review entity's website that is accessible to the healthcare provider from the public part of its website as long as any link or access restrictions to the information do not cause any delay to the healthcare provider.

(B) For out-of-network providers, a utilization review entity may meet the requirements of this subdivision (a)(3) by: (i) Providing the healthcare provider with temporary electronic access in a timely manner to a secure site to review copyright-protected clinical criteria; or (ii) Disclosing copyright-protected clinical criteria in a timely manner to a healthcare provider through other electronic or telephonic means.

(i) Providing the healthcare provider with temporary electronic access in a timely manner to a secure site to review copyright-protected clinical criteria; or

(ii) Disclosing copyright-protected clinical criteria in a timely manner to a healthcare provider through other electronic or telephonic means.

(b) Before a utilization review entity implements a new or amended prior authorization requirement or restriction as described in subdivision (a)(1) of this section, the utilization review entity shall update its website to reflect the new or amended requirement or restriction.

(c) Before implementing a new or amended prior authorization requirement or restriction, a utilization review entity shall provide contracted healthcare providers written notice of the new or amended requirement or restriction at least sixty (60) days before implementation of the new or amended requirement or restriction.

(d) (1) A utilization review entity shall make statistics available regarding prior authorization approvals and denials on its website in a readily accessible format. (2) The statistics made available by a utilization review entity under this subsection shall categorize approvals and denials by: (A) Physician specialty; (B) Medication or diagnostic test or procedure; (C) Medical indication offered as justification for the prior authorization request; and (D) Reason for denial.

(1) A utilization review entity shall make statistics available regarding prior authorization approvals and denials on its website in a readily accessible format.

(2) The statistics made available by a utilization review entity under this subsection shall categorize approvals and denials by: (A) Physician specialty; (B) Medication or diagnostic test or procedure; (C) Medical indication offered as justification for the prior authorization request; and (D) Reason for denial.

(A) Physician specialty;

(B) Medication or diagnostic test or procedure;

(C) Medical indication offered as justification for the prior authorization request; and

(D) Reason for denial.

Amended by Act 2023, No. 575,§ 3, eff. 8/1/2023.

Amended by Act 2017, No. 815,§ 3, eff. 8/1/2017.

Added by Act 2015, No. 1106,§ 2, eff. 7/22/2015.
Ark. Code Ann. § 23-83-110 — AR Code / Title 23 / Chapter 83 / Section 23-83-110
Grace period for payment of premium provision
Status: in_force

(a) Excluding an annuity policy, the group policy shall contain a provision that the policyholder is entitled to a grace period of thirty-one (31) days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy. (b) The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such a grace period. Acts 1981, No. 898, § 10; A.S.A. 1947, § 66-3510.

(a) Excluding an annuity policy, the group policy shall contain a provision that the policyholder is entitled to a grace period of thirty-one (31) days for the payment of any premium due except the first, during which grace period the death benefit coverage shall continue in force unless the policyholder shall have given the insurer written notice of discontinuance in advance of the date of discontinuance and in accordance with the terms of the policy.

(b) The policy may provide that the policyholder shall be liable to the insurer for the payment of a pro rata premium for the time the policy was in force during such a grace period.

Acts 1981, No. 898, § 10; A.S.A. 1947, § 66-3510.
Ark. Code Ann. § 23-63-818 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-818
Stocks of subsidiaries
Status: in_force

(a) With the Insurance Commissioner's written approval, a domestic insurer may invest in the stock of its wholly owned subsidiary insurance corporation or in the stock of its wholly owned subsidiary business corporation formed or acquired for and necessary and incidental to: (1) The convenient operation of the domestic insurer's insurance business; or (2) The administration of any of the domestic insurer's lawful investments. (b) Unless a greater investment has been approved in writing by the commissioner: (1) All of the domestic insurer's investments under this section together with its investments in insurance stocks under § 23-63-817(b) shall not at any time exceed: (A) The domestic insurer's surplus if a life insurer; or (B) The domestic insurer's policyholders' surplus if other than a life insurer; and (2) (A) A domestic insurer subject to this subchapter shall limit its investments in common stock, preferred stock, debt obligations, and other securities of its noninsurance subsidiaries to the lesser of: (i) Ten percent (10%) of the domestic insurer's assets; or (ii) Fifty percent (50%) of the domestic insurer's surplus. (B) This subdivision (b)(2) does not apply to the amount of an investment held on July 31, 2007, by a domestic insurer licensed in Arkansas. (c) With the prior written approval of the commissioner, a domestic insurer may invest any amount in the securities of one (1) or more of the domestic insurer's subsidiaries if after the investment the domestic insurer's policyholders' surplus is: (1) Reasonable in relation to the domestic insurer's outstanding liabilities; and (2) Adequate for the domestic insurer's financial needs. (d) An investment that exceeds the scope of an approval granted under this section requires the additional prior written approval of the commissioner. Acts 1959, No. 148, § 114; A.S.A. 1947, § 66-2618; Acts 2007, No. 496, § 11; 2009, No. 726, § 20.

(a) With the Insurance Commissioner's written approval, a domestic insurer may invest in the stock of its wholly owned subsidiary insurance corporation or in the stock of its wholly owned subsidiary business corporation formed or acquired for and necessary and incidental to: (1) The convenient operation of the domestic insurer's insurance business; or (2) The administration of any of the domestic insurer's lawful investments.

(1) The convenient operation of the domestic insurer's insurance business; or

(2) The administration of any of the domestic insurer's lawful investments.

(b) Unless a greater investment has been approved in writing by the commissioner: (1) All of the domestic insurer's investments under this section together with its investments in insurance stocks under § 23-63-817(b) shall not at any time exceed: (A) The domestic insurer's surplus if a life insurer; or (B) The domestic insurer's policyholders' surplus if other than a life insurer; and (2) (A) A domestic insurer subject to this subchapter shall limit its investments in common stock, preferred stock, debt obligations, and other securities of its noninsurance subsidiaries to the lesser of: (i) Ten percent (10%) of the domestic insurer's assets; or (ii) Fifty percent (50%) of the domestic insurer's surplus. (B) This subdivision (b)(2) does not apply to the amount of an investment held on July 31, 2007, by a domestic insurer licensed in Arkansas.

(1) All of the domestic insurer's investments under this section together with its investments in insurance stocks under § 23-63-817(b) shall not at any time exceed: (A) The domestic insurer's surplus if a life insurer; or (B) The domestic insurer's policyholders' surplus if other than a life insurer; and

(A) The domestic insurer's surplus if a life insurer; or

(B) The domestic insurer's policyholders' surplus if other than a life insurer; and

(2) (A) A domestic insurer subject to this subchapter shall limit its investments in common stock, preferred stock, debt obligations, and other securities of its noninsurance subsidiaries to the lesser of: (i) Ten percent (10%) of the domestic insurer's assets; or (ii) Fifty percent (50%) of the domestic insurer's surplus. (B) This subdivision (b)(2) does not apply to the amount of an investment held on July 31, 2007, by a domestic insurer licensed in Arkansas.

(A) A domestic insurer subject to this subchapter shall limit its investments in common stock, preferred stock, debt obligations, and other securities of its noninsurance subsidiaries to the lesser of: (i) Ten percent (10%) of the domestic insurer's assets; or (ii) Fifty percent (50%) of the domestic insurer's surplus.

(i) Ten percent (10%) of the domestic insurer's assets; or

(ii) Fifty percent (50%) of the domestic insurer's surplus.

(B) This subdivision (b)(2) does not apply to the amount of an investment held on July 31, 2007, by a domestic insurer licensed in Arkansas.

(c) With the prior written approval of the commissioner, a domestic insurer may invest any amount in the securities of one (1) or more of the domestic insurer's subsidiaries if after the investment the domestic insurer's policyholders' surplus is: (1) Reasonable in relation to the domestic insurer's outstanding liabilities; and (2) Adequate for the domestic insurer's financial needs.

(1) Reasonable in relation to the domestic insurer's outstanding liabilities; and

(2) Adequate for the domestic insurer's financial needs.

(d) An investment that exceeds the scope of an approval granted under this section requires the additional prior written approval of the commissioner.

Acts 1959, No. 148, § 114; A.S.A. 1947, § 66-2618; Acts 2007, No. 496, § 11; 2009, No. 726, § 20.
Ark. Code Ann. § 23-63-819 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-819
Equipment trust certificates
Status: in_force

An insurer may invest in equipment trust obligations or certificates adequately secured and evidencing an interest in transportation equipment, wholly or in part within the United States, which obligations or certificates carry the right to receive determined portions of rental, purchase, or other fixed obligatory payments to be made for the use or purchase of transportation equipment. Acts 1959, No. 148, § 115; A.S.A. 1947, § 66-2619.

An insurer may invest in equipment trust obligations or certificates adequately secured and evidencing an interest in transportation equipment, wholly or in part within the United States, which obligations or certificates carry the right to receive determined portions of rental, purchase, or other fixed obligatory payments to be made for the use or purchase of transportation equipment.

Acts 1959, No. 148, § 115; A.S.A. 1947, § 66-2619.
Ark. Code Ann. § 23-13-204 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-204
Applicability of subchapter
Status: in_force

(a) The provisions of this subchapter, except as specifically limited in this subchapter, shall apply to the transportation of passengers or property by motor carriers over public highways of this state and the procurement of, and provisions of, facilities for such transportation. (b) Provided, nothing contained in this subchapter shall be construed to authorize the regulation of intrastate fares for the transportation of passengers by bus by an interstate motor carrier of passengers over any routes authorized by the Interstate Commerce Commission [abolished]. (c) Provided, further, nothing contained in this subchapter shall be construed to abrogate the laws of this state or any authority of the State Highway Commission with regard to the routing of hazardous materials. Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756; Acts 1995, No. 746, § 1.

(a) The provisions of this subchapter, except as specifically limited in this subchapter, shall apply to the transportation of passengers or property by motor carriers over public highways of this state and the procurement of, and provisions of, facilities for such transportation.

(b) Provided, nothing contained in this subchapter shall be construed to authorize the regulation of intrastate fares for the transportation of passengers by bus by an interstate motor carrier of passengers over any routes authorized by the Interstate Commerce Commission [abolished].

(c) Provided, further, nothing contained in this subchapter shall be construed to abrogate the laws of this state or any authority of the State Highway Commission with regard to the routing of hazardous materials.

Acts 1955, No. 397, § 3; A.S.A. 1947, § 73-1756; Acts 1995, No. 746, § 1.
Ark. Code Ann. § 23-72-106 — AR Code / Title 23 / Chapter 72 / Section 23-72-106
Refusal, suspension, or revocation of certificate of authority
Status: in_force

The Insurance Commissioner shall refuse to continue or shall suspend or revoke the certificate of authority of any such insurer for any of the following causes: (1) If, during the preceding calendar year, the insurer scaled and reduced its accrued beneficial claims by reason of insufficient yield of assessment or revenues; (2) If the insurer has exceeded its powers; (3) If the insurer has surplus of less than ten thousand dollars ($10,000) or has fewer than two thousand (2,000) members regularly paying their assessments; or (4) For other causes specified in §§ 23-63-212 and 23-63-213 . Acts 1959, No. 148, § 561; A.S.A. 1947, § 66-4506.

The Insurance Commissioner shall refuse to continue or shall suspend or revoke the certificate of authority of any such insurer for any of the following causes:

(1) If, during the preceding calendar year, the insurer scaled and reduced its accrued beneficial claims by reason of insufficient yield of assessment or revenues;

(2) If the insurer has exceeded its powers;

(3) If the insurer has surplus of less than ten thousand dollars ($10,000) or has fewer than two thousand (2,000) members regularly paying their assessments; or

(4) For other causes specified in §§ 23-63-212 and 23-63-213 .

Acts 1959, No. 148, § 561; A.S.A. 1947, § 66-4506.
Ark. Code Ann. § 23-63-831 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-831
Failure to dispose of real estate, property, or securities
Status: in_force

(a) Any real estate, personal property, or securities lawfully acquired and held by an insurer after expiration of the period for disposal thereof, or any extension of the period granted by the Insurance Commissioner as provided in § 23-63-829 or § 23-63-830 , or any investments otherwise lawful which are in excess of the aggregate amount the insurer is authorized to invest in that category of investments under this subchapter shall not be allowed as an asset of the insurer. (b) The insurer shall forthwith dispose of any ineligible investment unlawfully acquired by it, and the commissioner shall suspend or revoke the insurer's certificate of authority if the insurer fails to dispose of the investment within such reasonable time as the commissioner may, by order, specify. Acts 1959, No. 148, § 127; A.S.A. 1947, § 66-2631; Acts 1993, No. 527, § 14.

(a) Any real estate, personal property, or securities lawfully acquired and held by an insurer after expiration of the period for disposal thereof, or any extension of the period granted by the Insurance Commissioner as provided in § 23-63-829 or § 23-63-830 , or any investments otherwise lawful which are in excess of the aggregate amount the insurer is authorized to invest in that category of investments under this subchapter shall not be allowed as an asset of the insurer.

(b) The insurer shall forthwith dispose of any ineligible investment unlawfully acquired by it, and the commissioner shall suspend or revoke the insurer's certificate of authority if the insurer fails to dispose of the investment within such reasonable time as the commissioner may, by order, specify.

Acts 1959, No. 148, § 127; A.S.A. 1947, § 66-2631; Acts 1993, No. 527, § 14.
Ark. Code Ann. § 23-91-219 — AR Code / Title 23 / Chapter 91 / Subchapter 2 / Section 23-91-219
[Repealed]
Status: repealed

Repealed by Act 2023, No. 32,§ 1, eff. 8/1/2023. Acts 1977, No. 368, § 12; A.S.A. 1947, § 66-5412; Acts 1987, No. 619, § 2; 2001, No. 580, § 23.

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

Acts 1977, No. 368, § 12; A.S.A. 1947, § 66-5412; Acts 1987, No. 619, § 2; 2001, No. 580, § 23.
Ark. Code Ann. § 23-12-502 — AR Code / Title 23 / Chapter 12 / Subchapter 5 / Section 23-12-502
Construction of sections 23-12-501 - 23-12-507
Status: in_force

Nothing in this section and §§ 23-12-501 and 23-12-503 - 23-12-507 shall be held to limit the duty of common carriers by railroad or impair the rights of their employees in the existing laws of the state. Acts 1911, No. 88, § 6; C. & M. Dig., § 7143; Pope's Dig., § 9129; A.S.A. 1947, § 73-919.

Nothing in this section and §§ 23-12-501 and 23-12-503 - 23-12-507 shall be held to limit the duty of common carriers by railroad or impair the rights of their employees in the existing laws of the state.

Acts 1911, No. 88, § 6; C. & M. Dig., § 7143; Pope's Dig., § 9129; A.S.A. 1947, § 73-919.
Ark. Code Ann. § 23-81-101 — AR Code / Title 23 / Chapter 81 / Subchapter 1 / Section 23-81-101
Title required
Status: in_force

There shall be a title on the policy briefly describing it. Acts 1959, No. 148, § 322; A.S.A. 1947, § 66-3313.

There shall be a title on the policy briefly describing it.

Acts 1959, No. 148, § 322; A.S.A. 1947, § 66-3313.
Ark. Code Ann. § 23-47-604 — AR Code / Title 23 / Chapter 47 / Subchapter 6 / Section 23-47-604
[Repealed]
Status: repealed

Repealed by Act 2017, No. 426,§ 14, eff. 8/1/2017. Acts 1997, No. 89, § 1; 2003, No. 860, § 15.

Repealed by Act 2017, No. 426,§ 14, eff. 8/1/2017.

Acts 1997, No. 89, § 1; 2003, No. 860, § 15.
Ark. Code Ann. § 23-16-408 — AR Code / Title 23 / Chapter 16 / Subchapter 4 / Section 23-16-408
[Repealed]
Status: repealed

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

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

Acts 2005, No. 2289, § 1.
Ark. Code Ann. § 23-18-526 — AR Code / Title 23 / Chapter 18 / Subchapter 5 / Section 23-18-526
Powers of local governments and state agencies
Status: in_force

Notwithstanding any other provision of law, no municipality, local government unit, or state department or agency, except the Division of Environmental Quality as set out in § 23-18-506 , may require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a major utility facility authorized by a certificate issued pursuant to the provisions of this subchapter. Nothing in this subchapter shall prevent the application of state laws for the protection of employees engaged in the construction, operation, or maintenance of the major utility facility. Amended by Act 2019, No. 910,§ 3243, eff. 7/1/2019. Acts 1973, No. 164, § 13; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.12; Acts 1999, No. 1164, § 181.

Notwithstanding any other provision of law, no municipality, local government unit, or state department or agency, except the Division of Environmental Quality as set out in § 23-18-506 , may require any approval, consent, permit, certificate, or other condition for the construction, operation, or maintenance of a major utility facility authorized by a certificate issued pursuant to the provisions of this subchapter. Nothing in this subchapter shall prevent the application of state laws for the protection of employees engaged in the construction, operation, or maintenance of the major utility facility.

Amended by Act 2019, No. 910,§ 3243, eff. 7/1/2019.

Acts 1973, No. 164, § 13; 1977, No. 866, § 1; A.S.A. 1947, § 73-276.12; Acts 1999, No. 1164, § 181.
Ark. Code Ann. § 23-70-116 — AR Code / Title 23 / Chapter 70 / Section 23-70-116
Subscribers' advisory committee
Status: in_force

(a) The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt. (b) Not less than two-thirds (2/3) of the committee shall be subscribers, other than the attorney or any person employed by, representing, or having a financial interest in the attorney. (c) The committee shall: (1) Supervise the finances of the insurer; (2) Supervise the insurer's operations to such extent as to assure conformity with the subscribers' agreement and power of attorney; (3) Procure the audit of the accounts and records of the insurer and of the attorney at the expense of the insurer; and (4) Have such additional powers and functions as may be conferred by the subscribers' agreement. Acts 1959, No. 148, § 529; A.S.A. 1947, § 66-4320.

(a) The advisory committee of a domestic reciprocal insurer exercising the subscribers' rights shall be selected under such rules as the subscribers adopt.

(b) Not less than two-thirds (2/3) of the committee shall be subscribers, other than the attorney or any person employed by, representing, or having a financial interest in the attorney.

(c) The committee shall: (1) Supervise the finances of the insurer; (2) Supervise the insurer's operations to such extent as to assure conformity with the subscribers' agreement and power of attorney; (3) Procure the audit of the accounts and records of the insurer and of the attorney at the expense of the insurer; and (4) Have such additional powers and functions as may be conferred by the subscribers' agreement.

(1) Supervise the finances of the insurer;

(2) Supervise the insurer's operations to such extent as to assure conformity with the subscribers' agreement and power of attorney;

(3) Procure the audit of the accounts and records of the insurer and of the attorney at the expense of the insurer; and

(4) Have such additional powers and functions as may be conferred by the subscribers' agreement.

Acts 1959, No. 148, § 529; A.S.A. 1947, § 66-4320.
Ark. Code Ann. § 23-61-605 — AR Code / Title 23 / Chapter 61 / Subchapter 6 / Section 23-61-605
Risk manager - Appointment - Authority
Status: in_force

(a) (1) The Administrator of the Risk Management Division will be appointed by the Insurance Commissioner. (2) The risk manager shall be knowledgeable and experienced in risk management techniques. (b) The risk manager shall have the authority to: (1) Establish standardized specifications for insurance coverage of all state agencies; (2) Determine all specifications for insurance coverage of state agencies; (3) Assist and advise state agencies in the procurement of insurance coverage; (4) Establish a system for reporting insured or uninsured losses incurred by state agencies and purchases of insurance by state agencies within guidelines established by the risk manager; (5) Develop and promote programs to control losses and encourage safety; and (6) Perform any other function of risk management as directed by the commissioner. Acts 1981, No. 272, §§ 4, 5; A.S.A. 1947, §§ 66-5704, 66-5705.

(a) (1) The Administrator of the Risk Management Division will be appointed by the Insurance Commissioner. (2) The risk manager shall be knowledgeable and experienced in risk management techniques.

(1) The Administrator of the Risk Management Division will be appointed by the Insurance Commissioner.

(2) The risk manager shall be knowledgeable and experienced in risk management techniques.

(b) The risk manager shall have the authority to: (1) Establish standardized specifications for insurance coverage of all state agencies; (2) Determine all specifications for insurance coverage of state agencies; (3) Assist and advise state agencies in the procurement of insurance coverage; (4) Establish a system for reporting insured or uninsured losses incurred by state agencies and purchases of insurance by state agencies within guidelines established by the risk manager; (5) Develop and promote programs to control losses and encourage safety; and (6) Perform any other function of risk management as directed by the commissioner.

(1) Establish standardized specifications for insurance coverage of all state agencies;

(2) Determine all specifications for insurance coverage of state agencies;

(3) Assist and advise state agencies in the procurement of insurance coverage;

(4) Establish a system for reporting insured or uninsured losses incurred by state agencies and purchases of insurance by state agencies within guidelines established by the risk manager;

(5) Develop and promote programs to control losses and encourage safety; and

(6) Perform any other function of risk management as directed by the commissioner.

Acts 1981, No. 272, §§ 4, 5; A.S.A. 1947, §§ 66-5704, 66-5705.
Ark. Code Ann. § 23-96-103 — AR Code / Title 23 / Chapter 96 / Section 23-96-103
Construction - Applicability
Status: in_force

(a) This chapter shall be construed to effect the purpose under § 23-96-102 . (b) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. Amended by Act 2019, No. 520,§ 2, eff. 7/24/2019. Acts 1989, No. 444, §§ 4, 14, 20; 1997, No. 950, § 1.

(a) This chapter shall be construed to effect the purpose under § 23-96-102 .

(b) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability.

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

Acts 1989, No. 444, §§ 4, 14, 20; 1997, No. 950, § 1.
Ark. Code Ann. § 23-39-515 — AR Code / Title 23 / Chapter 39 / Subchapter 5 / Section 23-39-515
Review of order of the commissioner
Status: in_force

(a) (1) Any person aggrieved by a final order of the Securities Commissioner may obtain a review of the order by filing in the Pulaski County Circuit Court within sixty (60) days after the entry of the order a written petition praying that the order be modified or set aside in whole or in part. (2) (A) A copy of the petition shall be served upon the commissioner, after which the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. (B) When a petition under subdivision (a)(1) of this section has been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside any order of the commissioner in whole or in part, except that a court may not set aside a summary order entered by the commissioner when the subject of the order has not requested a hearing before the commissioner as provided in § 23-39-514(c)(1) or (d)(1) . (b) (1) The findings of the commissioner as to the facts are conclusive if supported by competent, material, and substantial evidence. (2) If either party applies to the court for leave to submit additional material evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to submit the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be submitted upon the hearing before the commissioner in any manner and upon any condition as the court considers to be proper. (3) After consideration of the additional evidence, the commissioner may modify his or her findings and order and shall file in the court the additional evidence together with any modified or new findings or order. (c) Unless specifically ordered by the court, the commencement of proceedings under subsection (a) of this section does not operate as a stay of the commissioner's order. Acts 2003, No. 554, § 1.

(a) (1) Any person aggrieved by a final order of the Securities Commissioner may obtain a review of the order by filing in the Pulaski County Circuit Court within sixty (60) days after the entry of the order a written petition praying that the order be modified or set aside in whole or in part. (2) (A) A copy of the petition shall be served upon the commissioner, after which the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. (B) When a petition under subdivision (a)(1) of this section has been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside any order of the commissioner in whole or in part, except that a court may not set aside a summary order entered by the commissioner when the subject of the order has not requested a hearing before the commissioner as provided in § 23-39-514(c)(1) or (d)(1) .

(1) Any person aggrieved by a final order of the Securities Commissioner may obtain a review of the order by filing in the Pulaski County Circuit Court within sixty (60) days after the entry of the order a written petition praying that the order be modified or set aside in whole or in part.

(2) (A) A copy of the petition shall be served upon the commissioner, after which the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered. (B) When a petition under subdivision (a)(1) of this section has been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside any order of the commissioner in whole or in part, except that a court may not set aside a summary order entered by the commissioner when the subject of the order has not requested a hearing before the commissioner as provided in § 23-39-514(c)(1) or (d)(1) .

(A) A copy of the petition shall be served upon the commissioner, after which the commissioner shall certify and file in court a copy of the filing and evidence upon which the order was entered.

(B) When a petition under subdivision (a)(1) of this section has been filed, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside any order of the commissioner in whole or in part, except that a court may not set aside a summary order entered by the commissioner when the subject of the order has not requested a hearing before the commissioner as provided in § 23-39-514(c)(1) or (d)(1) .

(b) (1) The findings of the commissioner as to the facts are conclusive if supported by competent, material, and substantial evidence. (2) If either party applies to the court for leave to submit additional material evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to submit the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be submitted upon the hearing before the commissioner in any manner and upon any condition as the court considers to be proper. (3) After consideration of the additional evidence, the commissioner may modify his or her findings and order and shall file in the court the additional evidence together with any modified or new findings or order.

(1) The findings of the commissioner as to the facts are conclusive if supported by competent, material, and substantial evidence.

(2) If either party applies to the court for leave to submit additional material evidence and shows to the satisfaction of the court that there were reasonable grounds for failure to submit the evidence in the hearing before the commissioner, the court may order the additional evidence to be taken before the commissioner and to be submitted upon the hearing before the commissioner in any manner and upon any condition as the court considers to be proper.

(3) After consideration of the additional evidence, the commissioner may modify his or her findings and order and shall file in the court the additional evidence together with any modified or new findings or order.

(c) Unless specifically ordered by the court, the commencement of proceedings under subsection (a) of this section does not operate as a stay of the commissioner's order.

Acts 2003, No. 554, § 1.
Ark. Code Ann. § 23-77-105 — AR Code / Title 23 / Chapter 77 / Section 23-77-105
Authority of Insurance Commissioner to grant certificates of authority and conduct hearings
Status: in_force

(a) (1) The Insurance Commissioner shall have full and complete authority to grant certificates of authority to automobile clubs or associations, to revoke the certificates, and to prescribe such rules as are reasonably necessary for the conduct of the business of the automobile clubs or associations within the state and for carrying out the objects and purposes of this chapter. (2) In determining if a certificate of authority shall be issued, the commissioner shall take into consideration, along with all other factors, the name of the automobile club or association. If the name will interfere with the transactions of an automobile club or association already doing business in this state or is so similar to one already appropriated as to confuse or likely to mislead the public in any respect, the commissioner shall refuse to issue a certificate of authority. (b) The commissioner shall also have authority to conduct hearings as now provided under the insurance laws of the state. Amended by Act 2019, No. 315,§ 2705, eff. 7/24/2019. Acts 1955, No. 377, § 3; A.S.A. 1947, § 75-1603.

(a) (1) The Insurance Commissioner shall have full and complete authority to grant certificates of authority to automobile clubs or associations, to revoke the certificates, and to prescribe such rules as are reasonably necessary for the conduct of the business of the automobile clubs or associations within the state and for carrying out the objects and purposes of this chapter. (2) In determining if a certificate of authority shall be issued, the commissioner shall take into consideration, along with all other factors, the name of the automobile club or association. If the name will interfere with the transactions of an automobile club or association already doing business in this state or is so similar to one already appropriated as to confuse or likely to mislead the public in any respect, the commissioner shall refuse to issue a certificate of authority.

(1) The Insurance Commissioner shall have full and complete authority to grant certificates of authority to automobile clubs or associations, to revoke the certificates, and to prescribe such rules as are reasonably necessary for the conduct of the business of the automobile clubs or associations within the state and for carrying out the objects and purposes of this chapter.

(2) In determining if a certificate of authority shall be issued, the commissioner shall take into consideration, along with all other factors, the name of the automobile club or association. If the name will interfere with the transactions of an automobile club or association already doing business in this state or is so similar to one already appropriated as to confuse or likely to mislead the public in any respect, the commissioner shall refuse to issue a certificate of authority.

(b) The commissioner shall also have authority to conduct hearings as now provided under the insurance laws of the state.

Amended by Act 2019, No. 315,§ 2705, eff. 7/24/2019.

Acts 1955, No. 377, § 3; A.S.A. 1947, § 75-1603.
Ark. Code Ann. § 23-112-402 — AR Code / Title 23 / Chapter 112 / Subchapter 4 / Section 23-112-402
Motor vehicle dealer
Status: in_force

It is unlawful for a motor vehicle dealer: (1) (A) To require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser. (B) However, the prohibition under subdivision (1)(A) of this section does not apply to special features, appliances, equipment, parts, or accessories that are already installed on the motor vehicle when received by the motor vehicle dealer; (2) To represent and sell as a new motor vehicle any motor vehicle that is a used motor vehicle; or (3) To resort to or use any false or misleading advertisement in connection with his or her business as a motor vehicle dealer. Amended by Act 2021, No. 1077,§ 7, eff. 7/28/2021. Amended by Act 2021, No. 504,§ 11, eff. 7/28/2021. Acts 1975, No. 388, § 5; A.S.A. 1947, § 75-2305; Acts 2001, No. 1053, § 15.

It is unlawful for a motor vehicle dealer:

(1) (A) To require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser. (B) However, the prohibition under subdivision (1)(A) of this section does not apply to special features, appliances, equipment, parts, or accessories that are already installed on the motor vehicle when received by the motor vehicle dealer;

(A) To require a purchaser of a motor vehicle, as a condition of sale and delivery of the motor vehicle, to also purchase special features, appliances, equipment, parts, or accessories not desired or requested by the purchaser.

(B) However, the prohibition under subdivision (1)(A) of this section does not apply to special features, appliances, equipment, parts, or accessories that are already installed on the motor vehicle when received by the motor vehicle dealer;

(2) To represent and sell as a new motor vehicle any motor vehicle that is a used motor vehicle; or

(3) To resort to or use any false or misleading advertisement in connection with his or her business as a motor vehicle dealer.

Amended by Act 2021, No. 1077,§ 7, eff. 7/28/2021.

Amended by Act 2021, No. 504,§ 11, eff. 7/28/2021.

Acts 1975, No. 388, § 5; A.S.A. 1947, § 75-2305; Acts 2001, No. 1053, § 15.
Ark. Code Ann. § 23-37-503 — AR Code / Title 23 / Chapter 37 / Subchapter 5 / Section 23-37-503
Accounts of fiduciaries
Status: in_force

(a) An association or a federal association may accept savings accounts in the name of any administrator, executor, custodian, guardian, trustee, or other fiduciary, with or without the designation of the name of the beneficiary or the court order creating the fiduciary relationship. The fiduciary shall have power to vote as a member, to open and make additions to, and to withdraw from the savings account in whole or in part. (b) (1) The payment or delivery of rights to the fiduciary or a receipt or acquittance signed by the fiduciary to whom any payment or delivery of rights is made shall be a valid and sufficient release and discharge of an association. (2) If the savings account is in the name of more than one (1) fiduciary, the payment to only one (1) fiduciary or a receipt or acquittance signed by only one (1) fiduciary to whom any payment is made shall be a valid and sufficient release and discharge of an association for the payment so made, unless the written savings agreement filed with the association provides otherwise. (c) Unless the written agreement or court order filed with the association at the time an account is opened by a fiduciary provides otherwise, the association may make loans on the security of the savings account, pay withdrawals to the fiduciary personally or as directed by him or her, and otherwise deal with the account, in whole or in part, without regard to any notice to the contrary, as directed by the fiduciary, so long as the fiduciary is living, or if two (2) or more fiduciaries are designated, so long as one (1) fiduciary is living. (d) Whenever a person holding an account in a fiduciary capacity dies and no written notice or order of the circuit court of the revocation or termination of the fiduciary relationship has been given to the association and the association has no written notice of an order of the circuit court of any other disposition of the beneficial estate, the withdrawal value of the account and dividends thereon or other rights relating thereto may, at the option of the association, be paid or delivered, in whole or in part, to the beneficiary, and the association shall have no further liability therefor. Acts 1963, No. 227, § 40; A.S.A. 1947, § 67-1840.

(a) An association or a federal association may accept savings accounts in the name of any administrator, executor, custodian, guardian, trustee, or other fiduciary, with or without the designation of the name of the beneficiary or the court order creating the fiduciary relationship. The fiduciary shall have power to vote as a member, to open and make additions to, and to withdraw from the savings account in whole or in part.

(b) (1) The payment or delivery of rights to the fiduciary or a receipt or acquittance signed by the fiduciary to whom any payment or delivery of rights is made shall be a valid and sufficient release and discharge of an association. (2) If the savings account is in the name of more than one (1) fiduciary, the payment to only one (1) fiduciary or a receipt or acquittance signed by only one (1) fiduciary to whom any payment is made shall be a valid and sufficient release and discharge of an association for the payment so made, unless the written savings agreement filed with the association provides otherwise.

(1) The payment or delivery of rights to the fiduciary or a receipt or acquittance signed by the fiduciary to whom any payment or delivery of rights is made shall be a valid and sufficient release and discharge of an association.

(2) If the savings account is in the name of more than one (1) fiduciary, the payment to only one (1) fiduciary or a receipt or acquittance signed by only one (1) fiduciary to whom any payment is made shall be a valid and sufficient release and discharge of an association for the payment so made, unless the written savings agreement filed with the association provides otherwise.

(c) Unless the written agreement or court order filed with the association at the time an account is opened by a fiduciary provides otherwise, the association may make loans on the security of the savings account, pay withdrawals to the fiduciary personally or as directed by him or her, and otherwise deal with the account, in whole or in part, without regard to any notice to the contrary, as directed by the fiduciary, so long as the fiduciary is living, or if two (2) or more fiduciaries are designated, so long as one (1) fiduciary is living.

(d) Whenever a person holding an account in a fiduciary capacity dies and no written notice or order of the circuit court of the revocation or termination of the fiduciary relationship has been given to the association and the association has no written notice of an order of the circuit court of any other disposition of the beneficial estate, the withdrawal value of the account and dividends thereon or other rights relating thereto may, at the option of the association, be paid or delivered, in whole or in part, to the beneficiary, and the association shall have no further liability therefor.

Acts 1963, No. 227, § 40; A.S.A. 1947, § 67-1840.
Ark. Code Ann. § 23-63-812 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-812
Obligations or stock of certain federal agencies
Status: in_force

An insurer may invest in the obligations, or stock where stated, of the following agencies of the United States Government, whether or not the obligations are guaranteed by the United States Government: (1) Commodity credit corporation; (2) Notes, bonds, debentures, or other similar obligations issued by the Federal Land Banks, Federal Intermediate Credit Banks, or Banks for Cooperatives, or any other obligations issued pursuant to the provisions of an act of Congress known as the Farm Credit Act of 1971 and acts amendatory thereto; (3) Federal home loan banks, and stock thereof; (4) Federal National Mortgage Association, and stock thereof, when acquired in connection with the sale of mortgage loans to the association; and (5) Any other similar agency of the United States Government and of similar financial quality. Acts 1959, No. 148, § 108; 1975, No. 216, § 3; A.S.A. 1947, § 66-2612.

An insurer may invest in the obligations, or stock where stated, of the following agencies of the United States Government, whether or not the obligations are guaranteed by the United States Government:

(1) Commodity credit corporation;

(2) Notes, bonds, debentures, or other similar obligations issued by the Federal Land Banks, Federal Intermediate Credit Banks, or Banks for Cooperatives, or any other obligations issued pursuant to the provisions of an act of Congress known as the Farm Credit Act of 1971 and acts amendatory thereto;

(3) Federal home loan banks, and stock thereof;

(4) Federal National Mortgage Association, and stock thereof, when acquired in connection with the sale of mortgage loans to the association; and

(5) Any other similar agency of the United States Government and of similar financial quality.

Acts 1959, No. 148, § 108; 1975, No. 216, § 3; A.S.A. 1947, § 66-2612.
Ark. Code Ann. § 23-74-304 — AR Code / Title 23 / Chapter 74 / Subchapter 3 / Section 23-74-304
Reinsurance
Status: in_force

(a) By a reinsurance agreement, a domestic society may cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make the reinsurance and authorized to do business in this state, or if not so authorized, one which is approved by the Insurance Commissioner, but no such society may reinsure substantially all of its insurance in force without the written permission of the commissioner. It may take credit for the reserves on the ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after January 1, 1990, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society. (b) Notwithstanding the limitation in subsection (a) of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the commissioner under § 23-74-305 . Acts 1989, No. 881, § 1.

(a) By a reinsurance agreement, a domestic society may cede any individual risk or risks in whole or in part to an insurer, other than another fraternal benefit society, having the power to make the reinsurance and authorized to do business in this state, or if not so authorized, one which is approved by the Insurance Commissioner, but no such society may reinsure substantially all of its insurance in force without the written permission of the commissioner. It may take credit for the reserves on the ceded risks to the extent reinsured, but no credit shall be allowed as an admitted asset or as a deduction from liability to a ceding society for reinsurance made, ceded, renewed, or otherwise becoming effective after January 1, 1990, unless the reinsurance is payable by the assuming insurer on the basis of the liability of the ceding society under the contract or contracts reinsured without diminution because of the insolvency of the ceding society.

(b) Notwithstanding the limitation in subsection (a) of this section, a society may reinsure the risks of another society in a consolidation or merger approved by the commissioner under § 23-74-305 .

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-98-108 — AR Code / Title 23 / Chapter 98 / Section 23-98-108
Notice of minimum basic benefit policies - Payroll deduction
Status: in_force

(a) Those employers in the State of Arkansas that do not provide a portion of the cost of health insurance for their employees shall provide notice to their employees of the existence of the minimum basic benefit policy authorized by this chapter. The notice shall be in a form prepared by the Insurance Commissioner and may be provided to employees by posting at the place of employment or in any other reasonable manner. (b) Any insured, or dependent of an insured, under this chapter may provide written request to his or her employer to withhold the amount of premium on a minimum basic benefit policy from his or her paycheck along with written instructions for remittance of the premium, in which case the employer shall withhold the premium and remit the premium payment to the insurer, unless to do so would require the employer to make remittances to more than three (3) different insurers. (c) No employer required to make a remittance of a premium under the provisions of this chapter shall be required to make such remittances more often than one (1) time per month. (d) Nothing in this chapter shall be construed to require or mandate in any way that an employer provide or pay any portion of the cost of a minimum basic benefit policy issued under this chapter. (e) Upon request by the commissioner, the Division of Workforce Services is authorized to provide a copy of the form of notice prepared by the commissioner to employers as the commissioner and the division may agree upon. Amended by Act 2019, No. 910,§ 612, eff. 7/1/2019. Acts 1991, No. 238, § 6.

(a) Those employers in the State of Arkansas that do not provide a portion of the cost of health insurance for their employees shall provide notice to their employees of the existence of the minimum basic benefit policy authorized by this chapter. The notice shall be in a form prepared by the Insurance Commissioner and may be provided to employees by posting at the place of employment or in any other reasonable manner.

(b) Any insured, or dependent of an insured, under this chapter may provide written request to his or her employer to withhold the amount of premium on a minimum basic benefit policy from his or her paycheck along with written instructions for remittance of the premium, in which case the employer shall withhold the premium and remit the premium payment to the insurer, unless to do so would require the employer to make remittances to more than three (3) different insurers.

(c) No employer required to make a remittance of a premium under the provisions of this chapter shall be required to make such remittances more often than one (1) time per month.

(d) Nothing in this chapter shall be construed to require or mandate in any way that an employer provide or pay any portion of the cost of a minimum basic benefit policy issued under this chapter.

(e) Upon request by the commissioner, the Division of Workforce Services is authorized to provide a copy of the form of notice prepared by the commissioner to employers as the commissioner and the division may agree upon.

Amended by Act 2019, No. 910,§ 612, eff. 7/1/2019.

Acts 1991, No. 238, § 6.
Ark. Code Ann. § 23-79-167 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-167
Health savings account-qualified health insurance policy - Exemption - Definition
Status: in_force

(a) As used in this section, "health savings account-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a high deductible health plan under 26 U.S.C. § 223 , as it existed on January 1, 2021. (b) A health savings account-qualified health insurance policy is exempt from a prohibition on cost-sharing requirements for a covered benefit that is required under state law to the extent the exemption is necessary to meet the criteria for a health savings account-qualified health insurance policy. (c) This section does not apply to any coverage required by state law that pertains to preventive care as defined by regulation or guidance issued by the United States Department of the Treasury under 26 U.S.C. § 223 , as it existed on January 1, 2021, with respect to any health savings account-qualified health insurance policy issued, delivered, amended, or renewed while the regulation or guidance issued by the United States Department of the Treasury is effective. Added by Act 2021, No. 939,§ 1, eff. 7/28/2021.

(a) As used in this section, "health savings account-qualified health insurance policy" means a policy of individual or group health insurance coverage that satisfies the criteria for a high deductible health plan under 26 U.S.C. § 223 , as it existed on January 1, 2021.

(b) A health savings account-qualified health insurance policy is exempt from a prohibition on cost-sharing requirements for a covered benefit that is required under state law to the extent the exemption is necessary to meet the criteria for a health savings account-qualified health insurance policy.

(c) This section does not apply to any coverage required by state law that pertains to preventive care as defined by regulation or guidance issued by the United States Department of the Treasury under 26 U.S.C. § 223 , as it existed on January 1, 2021, with respect to any health savings account-qualified health insurance policy issued, delivered, amended, or renewed while the regulation or guidance issued by the United States Department of the Treasury is effective.

Added by Act 2021, No. 939,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-2-308 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-308
Reports by utilities may be required
Status: in_force

(a) The commission may require any public utility to file: (1) Annual reports in such form and of such content and at such time as the commission may require; and (2) Special reports concerning any matter about which the commission is authorized to inquire or to keep itself informed. (b) All reports shall be under oath. Acts 1935, No. 324, § 51; A.S.A. 1947, § 73-140.

(a) The commission may require any public utility to file: (1) Annual reports in such form and of such content and at such time as the commission may require; and (2) Special reports concerning any matter about which the commission is authorized to inquire or to keep itself informed.

(1) Annual reports in such form and of such content and at such time as the commission may require; and

(2) Special reports concerning any matter about which the commission is authorized to inquire or to keep itself informed.

(b) All reports shall be under oath.

Acts 1935, No. 324, § 51; A.S.A. 1947, § 73-140.
Ark. Code Ann. § 23-11-502 — AR Code / Title 23 / Chapter 11 / Subchapter 5 / Section 23-11-502
Lands forfeited upon failure to apply for and accept conveyance
Status: in_force

Any railroad company which becomes entitled to a conveyance of any lands from the state shall apply therefor and accept a conveyance from the state within six (6) months after completion of the act by which it became entitled to the conveyance. Any company which fails to do so within the time aforesaid shall forfeit all lands for which it fails to apply within such time. Acts 1883, No. 26, § 2, p. 47; C. & M. Dig., § 8456; Pope's Dig., § 11030; A.S.A. 1947, § 73-504.

Any railroad company which becomes entitled to a conveyance of any lands from the state shall apply therefor and accept a conveyance from the state within six (6) months after completion of the act by which it became entitled to the conveyance. Any company which fails to do so within the time aforesaid shall forfeit all lands for which it fails to apply within such time.

Acts 1883, No. 26, § 2, p. 47; C. & M. Dig., § 8456; Pope's Dig., § 11030; A.S.A. 1947, § 73-504.