Ark. Code Ann. § 23-1-101 — AR Code / Title 23 / Chapter 1 / Section 23-1-101
Definitions
Status: in_force

As used in this act, unless the context otherwise requires: (1) "Affiliated interest with a public utility" includes the following: (A) Every corporation and person owning or holding directly or indirectly twenty-five percent (25%) or more of the voting securities of the public utility; (B) Every corporation or person in any chain of successive ownership, or holding, of twenty-five percent (25%) or more of the voting securities of that public utility; (C) Every corporation, twenty-five percent (25%) or more of whose voting securities is owned by any person or corporation owning twenty-five percent (25%) or more of the voting securities of the public utility or is owned by any person or corporation in any chain of successive ownership of twenty-five percent (25%) or more of the voting securities; and (D) Every person who is an officer or director of that public utility or of any corporation in any chain of successive ownership or holding of twenty-five percent (25%) or more of the voting securities of the public utility; (2) "Commission" means the Arkansas Public Service Commission or the Arkansas Department of Transportation with respect to the particular public utilities and matters over which each agency has jurisdiction; (3) "Commissioner" means one (1) of the commissioners of the Arkansas Public Service Commission with respect to the particular public utilities and matters over which that commission has jurisdiction; (4) "Corporation" includes without limitation a private corporation, an association, a joint-stock association, a business trust, an electric cooperative corporation, and a limited liability company providing service for charge or compensation in any area or from any facility for which the commission has granted a certificate of convenience and necessity; (5) "Exempt wholesale generator" means a person, including an affiliate of a public utility, that: (A) Is engaged directly or indirectly through one (1) or more affiliates and exclusively in the business of owning or operating all or part of a facility for generating electric energy and selling electric energy at wholesale; and (B) Does not own or operate a facility for the transmission of electricity other than interconnecting transmission facilities used to effect a sale of electric energy at wholesale; (6) "Gross earnings" includes all amounts received, charged, or chargeable for or on account of any public service furnished or supplied in this state by any public utility and includes all gross income from all incidental, subordinate, or subsidiary operations of the utility in this state. However, revenues from the manufacture and sale of ice shall not be included; (7) "Municipality" includes a city, a town, an improvement district, other than a county, and any other public or quasi-public corporation which is created or organized under the Arkansas Constitution or laws of the State of Arkansas; (8) "Person" includes a natural person, a trustee, lessee, receiver, holder of beneficial or equitable interest, a partnership, or two (2) or more persons having a joint or common interest, and a corporation as defined in subdivision (4) of this section; (9) (A) "Public utility" includes persons and corporations, or their lessees, trustees, and receivers, owning or operating in this state equipment or facilities for: (i) Producing, generating, transmitting, delivering, or furnishing gas, electricity, steam, or another agent for the production of light, heat, or power to or for the public for compensation; (ii) Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation. However, nothing in this subdivision (9) shall be construed to include water facilities and equipment of cities and towns in the definition of public utility. Further, the term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower water company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission. However, the term "public utility" includes any water company that petitions, or a majority of whose metered customers petition, the Arkansas Public Service Commission to come under the Arkansas Public Service Commission's jurisdiction if the water company had combined annual operating revenues in excess of four hundred thousand dollars ($400,000) for the three (3) fiscal years immediately preceding the date of filing the petition; or (c) All improvement districts; (iii) Conveying or transmitting messages or communications by telephone or telegraph where such service is offered to the public for compensation; (iv) Transporting persons by street, suburban, or interurban railway for the public for compensation; (v) Transporting persons by motor vehicles if the vehicles are operated under a franchise granted by a municipality and in conjunction with, or as a part of, a street, suburban, or interurban railway, or in lieu of either thereof, for the public for compensation; and (vi) Maintaining a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and other appurtenances necessary or useful for the collection or treatment, purification, and disposal of the liquid and solid waste, sewage, night soil, and industrial waste. However, nothing in this subdivision (9) shall be construed to include sewerage facilities and equipment of cities and towns in the definition of public utility. The term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower sewer company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission; or (c) All improvement districts. (B) The term "public utility", as used for ratemaking purposes only: (i) Shall include persons and corporations or their lessees, trustees, and receivers producing, generating, transmitting, delivering, or furnishing any of the services set forth in subdivisions (9)(A)(i) and (ii) of this section to any other person or corporation for resale or distribution to or for the public for compensation; and (ii) Shall not include persons or corporations providing cellular telecommunications service and not providing any other public utility service in this state, unless the commission finds by order, after notice and hearing and upon substantial evidence, and which shall not take effect pending appeal therefrom, that the public interest requires the application of some or all of the provisions of this subdivision (9) to such persons or corporations. (C) The term "public utility", as to any public utility defined in subdivisions (9)(A)(i), (ii), and (vi) of this section, shall not include any person or corporation who or which furnishes the service or commodity exclusively to himself or herself or itself, or to his or her or its employees or tenants, when the service or commodity is not resold to or used by others. (D) Any other provision of law to the contrary notwithstanding, the term "public utility" shall not include an exempt wholesale generator as defined in subdivision (5) of this section. (E) The term "public utility", as to any public utility defined in subdivision (9)(A)(iii) of this section, shall not include any person or corporation who or which: (i) Furnishes the services exclusively to himself or herself or itself, or to employees; or (ii) Furnishes the services: (a) To persons who are temporary residents or guests in a hotel or motel owned by him or her or it; (b) Patients in a hospital owned by him or her or it; or (c) Students of a public or private institution of higher education who reside in housing provided by that institution. (F) (i) Notwithstanding the foregoing provisions of this subdivision (9), the term "public utility" shall not include any person or corporation owning any interest in equipment or facilities used for any of the purposes specified in subdivision (9)(A)(i) or subdivision (9)(B) of this section, provided that: (a) The interest in the equipment or facilities is leased under a net lease directly to a public utility or to a person or corporation that is exempt from regulation as a public utility, either as a sole lessee or joint lessee with one (1) or more other public utilities or persons or corporations so exempt; (b) The person or corporation is otherwise primarily engaged in one (1) or more businesses other than the business of a public utility or is a person or corporation all of whose equity or beneficial ownership is held by one (1) or more persons or corporations so engaged, either directly or indirectly; (c) If the lessee is a public utility, the lease to it has been authorized or approved by the Arkansas Public Service Commission; (d) The lease of the interest in the equipment or facilities extends for an initial term of not less than ten (10) years, except for termination of the lease upon events set forth in the lease, unless any shorter term specified in the lease is not less than two-thirds (2/3) of the then-expected remaining useful life of the equipment or facilities or the lease is entered into following termination of a prior lease upon the liquidation, reorganization, bankruptcy, or insolvency of the prior lessee; and (e) The rent reserved under the lease shall not include any amount based, directly or indirectly, on revenues or income of the lessee. (ii) For purposes of this subdivision (9)(F), a public utility shall not cease to be such by reason of a lease, directly or indirectly, of a part or all of its interest in such equipment or facilities to any affiliate. (iii) For purposes of this subdivision (9)(F), the term "person or corporation" shall include any receiver, trustee, or liquidating agent of the person or corporation. (iv) The exception of the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply, following termination of the lessee's right to possession or use of the interest in the equipment or facilities during the lease term or following termination of the lease by the lessee or its trustee pursuant to the provisions of section 365 of the Federal Bankruptcy Code or of any similar Arkansas or federal statute, for so long as the person or corporation referred to in subdivision (9)(F)(i) of this section does not supply electricity directly to the public. In any case, the exception to the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply for a period of ninety (90) days following the termination, except that no change in rates that would otherwise be subject to the jurisdiction of the Arkansas Public Service Commission shall be effected during the ninety-day period without the approval of the Arkansas Public Service Commission. (G) (i) (a) (1) Within a county not subject to subdivision (9)(G)(i) (b) of this section, a Class B or lower water company or Class B or lower sewer company that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if the Class B or lower water company or Class B or lower sewer company petitions the Arkansas Public Service Commission to have the company included. (2) Subdivision (9)(G)(i) (a)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (b) (1) All Class B or lower water companies or Class B or lower sewer companies that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if a majority of the customers of the company petition the Arkansas Public Service Commission to have the company included. The Arkansas Public Service Commission shall determine the sufficiency of the petition at a public hearing. The water or sewer company or any customer of the company may appear and present evidence on the sufficiency of the petition. (2) Subdivision (9)(G)(i) (b)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (ii) The Arkansas Public Service Commission shall adopt rules governing the petition process. (iii) A Class B or lower water company or Class B or lower sewer company shall provide the Arkansas Public Service Commission a list of metered customers upon request. (H) The term "public utility", as to any public utility defined in subdivision (9)(A)(i) of this section, does not include a person or corporation that furnishes compressed natural gas as a motor fuel to or for the public for compensation and is not otherwise a public utility. (I) The term "public utility", as to any public utility defined in subdivision (9)(A)(i) of this section, does not include a person or corporation that: (i) Purchases electricity from an electric public utility or a municipal electric utility; (ii) Furnishes electricity exclusively to charge battery electric vehicles and plug-in hybrid electric vehicles to or for the public for compensation; and (iii) Is not otherwise a public utility; (10) "Rate" means and includes every compensation, charge, fare, toll, rental, and classification, or any of them, demanded, observed, charged, or collected by any public utility for any service, products, or commodity offered by it as a public utility to the public and means and includes any rules, regulations, practices, or contracts affecting any compensation, charge, fare, toll, rental, or classification; (11) "Securities" means capital stock of all classes and all evidences of indebtedness secured or unsecured by lien upon capital assets or revenues, not including, however, any obligation falling due on or before a fixed date that is not more than one (1) year after the date of its issuance and not secured by a lien upon capital assets or revenues; and (12) "Service" includes any product or commodity furnished and the plant, equipment, apparatus, appliances, property, and facilities employed by any public utility in performing any service or in furnishing any product or commodity devoted to the public purposes of the utility and to the use and accommodation of customers or patrons. Amended by Act 2019, No. 391,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 89, eff. 8/1/2017. Amended by Act 2017, No. 285,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 380,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1133,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1133,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 662,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 662,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 662,§ 1, eff. 8/16/2013. Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; 1985, No. 455, § 1; 1985, No. 1084, § 1; A.S.A. 1947, § 73-201; Acts 1987 (1st Ex. Sess.), No. 37, §§ 1, 2; 1988 (4th Ex. Sess.), No. 21, § 1; 1989, No. 53, § 1; 1989, No. 952, § 1; 1991, No. 854, § 1; 1991, No. 1037, § 1; 1997, No. 305, § 1; 1999, No. 1322, § 1.

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

(1) "Affiliated interest with a public utility" includes the following: (A) Every corporation and person owning or holding directly or indirectly twenty-five percent (25%) or more of the voting securities of the public utility; (B) Every corporation or person in any chain of successive ownership, or holding, of twenty-five percent (25%) or more of the voting securities of that public utility; (C) Every corporation, twenty-five percent (25%) or more of whose voting securities is owned by any person or corporation owning twenty-five percent (25%) or more of the voting securities of the public utility or is owned by any person or corporation in any chain of successive ownership of twenty-five percent (25%) or more of the voting securities; and (D) Every person who is an officer or director of that public utility or of any corporation in any chain of successive ownership or holding of twenty-five percent (25%) or more of the voting securities of the public utility;

(A) Every corporation and person owning or holding directly or indirectly twenty-five percent (25%) or more of the voting securities of the public utility;

(B) Every corporation or person in any chain of successive ownership, or holding, of twenty-five percent (25%) or more of the voting securities of that public utility;

(C) Every corporation, twenty-five percent (25%) or more of whose voting securities is owned by any person or corporation owning twenty-five percent (25%) or more of the voting securities of the public utility or is owned by any person or corporation in any chain of successive ownership of twenty-five percent (25%) or more of the voting securities; and

(D) Every person who is an officer or director of that public utility or of any corporation in any chain of successive ownership or holding of twenty-five percent (25%) or more of the voting securities of the public utility;

(2) "Commission" means the Arkansas Public Service Commission or the Arkansas Department of Transportation with respect to the particular public utilities and matters over which each agency has jurisdiction;

(3) "Commissioner" means one (1) of the commissioners of the Arkansas Public Service Commission with respect to the particular public utilities and matters over which that commission has jurisdiction;

(4) "Corporation" includes without limitation a private corporation, an association, a joint-stock association, a business trust, an electric cooperative corporation, and a limited liability company providing service for charge or compensation in any area or from any facility for which the commission has granted a certificate of convenience and necessity;

(5) "Exempt wholesale generator" means a person, including an affiliate of a public utility, that: (A) Is engaged directly or indirectly through one (1) or more affiliates and exclusively in the business of owning or operating all or part of a facility for generating electric energy and selling electric energy at wholesale; and (B) Does not own or operate a facility for the transmission of electricity other than interconnecting transmission facilities used to effect a sale of electric energy at wholesale;

(A) Is engaged directly or indirectly through one (1) or more affiliates and exclusively in the business of owning or operating all or part of a facility for generating electric energy and selling electric energy at wholesale; and

(B) Does not own or operate a facility for the transmission of electricity other than interconnecting transmission facilities used to effect a sale of electric energy at wholesale;

(6) "Gross earnings" includes all amounts received, charged, or chargeable for or on account of any public service furnished or supplied in this state by any public utility and includes all gross income from all incidental, subordinate, or subsidiary operations of the utility in this state. However, revenues from the manufacture and sale of ice shall not be included;

(7) "Municipality" includes a city, a town, an improvement district, other than a county, and any other public or quasi-public corporation which is created or organized under the Arkansas Constitution or laws of the State of Arkansas;

(8) "Person" includes a natural person, a trustee, lessee, receiver, holder of beneficial or equitable interest, a partnership, or two (2) or more persons having a joint or common interest, and a corporation as defined in subdivision (4) of this section;

(9) (A) "Public utility" includes persons and corporations, or their lessees, trustees, and receivers, owning or operating in this state equipment or facilities for: (i) Producing, generating, transmitting, delivering, or furnishing gas, electricity, steam, or another agent for the production of light, heat, or power to or for the public for compensation; (ii) Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation. However, nothing in this subdivision (9) shall be construed to include water facilities and equipment of cities and towns in the definition of public utility. Further, the term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower water company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission. However, the term "public utility" includes any water company that petitions, or a majority of whose metered customers petition, the Arkansas Public Service Commission to come under the Arkansas Public Service Commission's jurisdiction if the water company had combined annual operating revenues in excess of four hundred thousand dollars ($400,000) for the three (3) fiscal years immediately preceding the date of filing the petition; or (c) All improvement districts; (iii) Conveying or transmitting messages or communications by telephone or telegraph where such service is offered to the public for compensation; (iv) Transporting persons by street, suburban, or interurban railway for the public for compensation; (v) Transporting persons by motor vehicles if the vehicles are operated under a franchise granted by a municipality and in conjunction with, or as a part of, a street, suburban, or interurban railway, or in lieu of either thereof, for the public for compensation; and (vi) Maintaining a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and other appurtenances necessary or useful for the collection or treatment, purification, and disposal of the liquid and solid waste, sewage, night soil, and industrial waste. However, nothing in this subdivision (9) shall be construed to include sewerage facilities and equipment of cities and towns in the definition of public utility. The term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower sewer company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission; or (c) All improvement districts. (B) The term "public utility", as used for ratemaking purposes only: (i) Shall include persons and corporations or their lessees, trustees, and receivers producing, generating, transmitting, delivering, or furnishing any of the services set forth in subdivisions (9)(A)(i) and (ii) of this section to any other person or corporation for resale or distribution to or for the public for compensation; and (ii) Shall not include persons or corporations providing cellular telecommunications service and not providing any other public utility service in this state, unless the commission finds by order, after notice and hearing and upon substantial evidence, and which shall not take effect pending appeal therefrom, that the public interest requires the application of some or all of the provisions of this subdivision (9) to such persons or corporations. (C) The term "public utility", as to any public utility defined in subdivisions (9)(A)(i), (ii), and (vi) of this section, shall not include any person or corporation who or which furnishes the service or commodity exclusively to himself or herself or itself, or to his or her or its employees or tenants, when the service or commodity is not resold to or used by others. (D) Any other provision of law to the contrary notwithstanding, the term "public utility" shall not include an exempt wholesale generator as defined in subdivision (5) of this section. (E) The term "public utility", as to any public utility defined in subdivision (9)(A)(iii) of this section, shall not include any person or corporation who or which: (i) Furnishes the services exclusively to himself or herself or itself, or to employees; or (ii) Furnishes the services: (a) To persons who are temporary residents or guests in a hotel or motel owned by him or her or it; (b) Patients in a hospital owned by him or her or it; or (c) Students of a public or private institution of higher education who reside in housing provided by that institution. (F) (i) Notwithstanding the foregoing provisions of this subdivision (9), the term "public utility" shall not include any person or corporation owning any interest in equipment or facilities used for any of the purposes specified in subdivision (9)(A)(i) or subdivision (9)(B) of this section, provided that: (a) The interest in the equipment or facilities is leased under a net lease directly to a public utility or to a person or corporation that is exempt from regulation as a public utility, either as a sole lessee or joint lessee with one (1) or more other public utilities or persons or corporations so exempt; (b) The person or corporation is otherwise primarily engaged in one (1) or more businesses other than the business of a public utility or is a person or corporation all of whose equity or beneficial ownership is held by one (1) or more persons or corporations so engaged, either directly or indirectly; (c) If the lessee is a public utility, the lease to it has been authorized or approved by the Arkansas Public Service Commission; (d) The lease of the interest in the equipment or facilities extends for an initial term of not less than ten (10) years, except for termination of the lease upon events set forth in the lease, unless any shorter term specified in the lease is not less than two-thirds (2/3) of the then-expected remaining useful life of the equipment or facilities or the lease is entered into following termination of a prior lease upon the liquidation, reorganization, bankruptcy, or insolvency of the prior lessee; and (e) The rent reserved under the lease shall not include any amount based, directly or indirectly, on revenues or income of the lessee. (ii) For purposes of this subdivision (9)(F), a public utility shall not cease to be such by reason of a lease, directly or indirectly, of a part or all of its interest in such equipment or facilities to any affiliate. (iii) For purposes of this subdivision (9)(F), the term "person or corporation" shall include any receiver, trustee, or liquidating agent of the person or corporation. (iv) The exception of the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply, following termination of the lessee's right to possession or use of the interest in the equipment or facilities during the lease term or following termination of the lease by the lessee or its trustee pursuant to the provisions of section 365 of the Federal Bankruptcy Code or of any similar Arkansas or federal statute, for so long as the person or corporation referred to in subdivision (9)(F)(i) of this section does not supply electricity directly to the public. In any case, the exception to the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply for a period of ninety (90) days following the termination, except that no change in rates that would otherwise be subject to the jurisdiction of the Arkansas Public Service Commission shall be effected during the ninety-day period without the approval of the Arkansas Public Service Commission. (G) (i) (a) (1) Within a county not subject to subdivision (9)(G)(i) (b) of this section, a Class B or lower water company or Class B or lower sewer company that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if the Class B or lower water company or Class B or lower sewer company petitions the Arkansas Public Service Commission to have the company included. (2) Subdivision (9)(G)(i) (a)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (b) (1) All Class B or lower water companies or Class B or lower sewer companies that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if a majority of the customers of the company petition the Arkansas Public Service Commission to have the company included. The Arkansas Public Service Commission shall determine the sufficiency of the petition at a public hearing. The water or sewer company or any customer of the company may appear and present evidence on the sufficiency of the petition. (2) Subdivision (9)(G)(i) (b)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (ii) The Arkansas Public Service Commission shall adopt rules governing the petition process. (iii) A Class B or lower water company or Class B or lower sewer company shall provide the Arkansas Public Service Commission a list of metered customers upon request. (H) The term "public utility", as to any public utility defined in subdivision (9)(A)(i) of this section, does not include a person or corporation that furnishes compressed natural gas as a motor fuel to or for the public for compensation and is not otherwise a public utility. (I) The term "public utility", as to any public utility defined in subdivision (9)(A)(i) of this section, does not include a person or corporation that: (i) Purchases electricity from an electric public utility or a municipal electric utility; (ii) Furnishes electricity exclusively to charge battery electric vehicles and plug-in hybrid electric vehicles to or for the public for compensation; and (iii) Is not otherwise a public utility;

(A) "Public utility" includes persons and corporations, or their lessees, trustees, and receivers, owning or operating in this state equipment or facilities for: (i) Producing, generating, transmitting, delivering, or furnishing gas, electricity, steam, or another agent for the production of light, heat, or power to or for the public for compensation; (ii) Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation. However, nothing in this subdivision (9) shall be construed to include water facilities and equipment of cities and towns in the definition of public utility. Further, the term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower water company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission. However, the term "public utility" includes any water company that petitions, or a majority of whose metered customers petition, the Arkansas Public Service Commission to come under the Arkansas Public Service Commission's jurisdiction if the water company had combined annual operating revenues in excess of four hundred thousand dollars ($400,000) for the three (3) fiscal years immediately preceding the date of filing the petition; or (c) All improvement districts; (iii) Conveying or transmitting messages or communications by telephone or telegraph where such service is offered to the public for compensation; (iv) Transporting persons by street, suburban, or interurban railway for the public for compensation; (v) Transporting persons by motor vehicles if the vehicles are operated under a franchise granted by a municipality and in conjunction with, or as a part of, a street, suburban, or interurban railway, or in lieu of either thereof, for the public for compensation; and (vi) Maintaining a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and other appurtenances necessary or useful for the collection or treatment, purification, and disposal of the liquid and solid waste, sewage, night soil, and industrial waste. However, nothing in this subdivision (9) shall be construed to include sewerage facilities and equipment of cities and towns in the definition of public utility. The term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower sewer company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission; or (c) All improvement districts.

(i) Producing, generating, transmitting, delivering, or furnishing gas, electricity, steam, or another agent for the production of light, heat, or power to or for the public for compensation;

(ii) Diverting, developing, pumping, impounding, distributing, or furnishing water to or for the public for compensation. However, nothing in this subdivision (9) shall be construed to include water facilities and equipment of cities and towns in the definition of public utility. Further, the term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower water company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission. However, the term "public utility" includes any water company that petitions, or a majority of whose metered customers petition, the Arkansas Public Service Commission to come under the Arkansas Public Service Commission's jurisdiction if the water company had combined annual operating revenues in excess of four hundred thousand dollars ($400,000) for the three (3) fiscal years immediately preceding the date of filing the petition; or (c) All improvement districts;

(a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association;

(b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower water company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission. However, the term "public utility" includes any water company that petitions, or a majority of whose metered customers petition, the Arkansas Public Service Commission to come under the Arkansas Public Service Commission's jurisdiction if the water company had combined annual operating revenues in excess of four hundred thousand dollars ($400,000) for the three (3) fiscal years immediately preceding the date of filing the petition; or

(c) All improvement districts;

(iii) Conveying or transmitting messages or communications by telephone or telegraph where such service is offered to the public for compensation;

(iv) Transporting persons by street, suburban, or interurban railway for the public for compensation;

(v) Transporting persons by motor vehicles if the vehicles are operated under a franchise granted by a municipality and in conjunction with, or as a part of, a street, suburban, or interurban railway, or in lieu of either thereof, for the public for compensation; and

(vi) Maintaining a sewage collection system or a sewage treatment plant, intercepting sewers, outfall sewers, force mains, pumping stations, ejector stations, and other appurtenances necessary or useful for the collection or treatment, purification, and disposal of the liquid and solid waste, sewage, night soil, and industrial waste. However, nothing in this subdivision (9) shall be construed to include sewerage facilities and equipment of cities and towns in the definition of public utility. The term "public utility" shall not include any entity described by this subdivision (9) which meets any of the following criteria: (a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association; (b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower sewer company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission; or (c) All improvement districts.

(a) All property owners' associations whose facilities are enjoyed only by members of that association or residents of the community governed by that association;

(b) An entity whose annual operating revenues would cause the entity to be classified as a Class B or lower sewer company pursuant to the uniform system of accounts adopted by the Arkansas Public Service Commission; or

(c) All improvement districts.

(B) The term "public utility", as used for ratemaking purposes only: (i) Shall include persons and corporations or their lessees, trustees, and receivers producing, generating, transmitting, delivering, or furnishing any of the services set forth in subdivisions (9)(A)(i) and (ii) of this section to any other person or corporation for resale or distribution to or for the public for compensation; and (ii) Shall not include persons or corporations providing cellular telecommunications service and not providing any other public utility service in this state, unless the commission finds by order, after notice and hearing and upon substantial evidence, and which shall not take effect pending appeal therefrom, that the public interest requires the application of some or all of the provisions of this subdivision (9) to such persons or corporations.

(i) Shall include persons and corporations or their lessees, trustees, and receivers producing, generating, transmitting, delivering, or furnishing any of the services set forth in subdivisions (9)(A)(i) and (ii) of this section to any other person or corporation for resale or distribution to or for the public for compensation; and

(ii) Shall not include persons or corporations providing cellular telecommunications service and not providing any other public utility service in this state, unless the commission finds by order, after notice and hearing and upon substantial evidence, and which shall not take effect pending appeal therefrom, that the public interest requires the application of some or all of the provisions of this subdivision (9) to such persons or corporations.

(C) The term "public utility", as to any public utility defined in subdivisions (9)(A)(i), (ii), and (vi) of this section, shall not include any person or corporation who or which furnishes the service or commodity exclusively to himself or herself or itself, or to his or her or its employees or tenants, when the service or commodity is not resold to or used by others.

(D) Any other provision of law to the contrary notwithstanding, the term "public utility" shall not include an exempt wholesale generator as defined in subdivision (5) of this section.

(E) The term "public utility", as to any public utility defined in subdivision (9)(A)(iii) of this section, shall not include any person or corporation who or which: (i) Furnishes the services exclusively to himself or herself or itself, or to employees; or (ii) Furnishes the services: (a) To persons who are temporary residents or guests in a hotel or motel owned by him or her or it; (b) Patients in a hospital owned by him or her or it; or (c) Students of a public or private institution of higher education who reside in housing provided by that institution.

(i) Furnishes the services exclusively to himself or herself or itself, or to employees; or

(ii) Furnishes the services: (a) To persons who are temporary residents or guests in a hotel or motel owned by him or her or it; (b) Patients in a hospital owned by him or her or it; or (c) Students of a public or private institution of higher education who reside in housing provided by that institution.

(a) To persons who are temporary residents or guests in a hotel or motel owned by him or her or it;

(b) Patients in a hospital owned by him or her or it; or

(c) Students of a public or private institution of higher education who reside in housing provided by that institution.

(F) (i) Notwithstanding the foregoing provisions of this subdivision (9), the term "public utility" shall not include any person or corporation owning any interest in equipment or facilities used for any of the purposes specified in subdivision (9)(A)(i) or subdivision (9)(B) of this section, provided that: (a) The interest in the equipment or facilities is leased under a net lease directly to a public utility or to a person or corporation that is exempt from regulation as a public utility, either as a sole lessee or joint lessee with one (1) or more other public utilities or persons or corporations so exempt; (b) The person or corporation is otherwise primarily engaged in one (1) or more businesses other than the business of a public utility or is a person or corporation all of whose equity or beneficial ownership is held by one (1) or more persons or corporations so engaged, either directly or indirectly; (c) If the lessee is a public utility, the lease to it has been authorized or approved by the Arkansas Public Service Commission; (d) The lease of the interest in the equipment or facilities extends for an initial term of not less than ten (10) years, except for termination of the lease upon events set forth in the lease, unless any shorter term specified in the lease is not less than two-thirds (2/3) of the then-expected remaining useful life of the equipment or facilities or the lease is entered into following termination of a prior lease upon the liquidation, reorganization, bankruptcy, or insolvency of the prior lessee; and (e) The rent reserved under the lease shall not include any amount based, directly or indirectly, on revenues or income of the lessee. (ii) For purposes of this subdivision (9)(F), a public utility shall not cease to be such by reason of a lease, directly or indirectly, of a part or all of its interest in such equipment or facilities to any affiliate. (iii) For purposes of this subdivision (9)(F), the term "person or corporation" shall include any receiver, trustee, or liquidating agent of the person or corporation. (iv) The exception of the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply, following termination of the lessee's right to possession or use of the interest in the equipment or facilities during the lease term or following termination of the lease by the lessee or its trustee pursuant to the provisions of section 365 of the Federal Bankruptcy Code or of any similar Arkansas or federal statute, for so long as the person or corporation referred to in subdivision (9)(F)(i) of this section does not supply electricity directly to the public. In any case, the exception to the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply for a period of ninety (90) days following the termination, except that no change in rates that would otherwise be subject to the jurisdiction of the Arkansas Public Service Commission shall be effected during the ninety-day period without the approval of the Arkansas Public Service Commission.

(i) Notwithstanding the foregoing provisions of this subdivision (9), the term "public utility" shall not include any person or corporation owning any interest in equipment or facilities used for any of the purposes specified in subdivision (9)(A)(i) or subdivision (9)(B) of this section, provided that: (a) The interest in the equipment or facilities is leased under a net lease directly to a public utility or to a person or corporation that is exempt from regulation as a public utility, either as a sole lessee or joint lessee with one (1) or more other public utilities or persons or corporations so exempt; (b) The person or corporation is otherwise primarily engaged in one (1) or more businesses other than the business of a public utility or is a person or corporation all of whose equity or beneficial ownership is held by one (1) or more persons or corporations so engaged, either directly or indirectly; (c) If the lessee is a public utility, the lease to it has been authorized or approved by the Arkansas Public Service Commission; (d) The lease of the interest in the equipment or facilities extends for an initial term of not less than ten (10) years, except for termination of the lease upon events set forth in the lease, unless any shorter term specified in the lease is not less than two-thirds (2/3) of the then-expected remaining useful life of the equipment or facilities or the lease is entered into following termination of a prior lease upon the liquidation, reorganization, bankruptcy, or insolvency of the prior lessee; and (e) The rent reserved under the lease shall not include any amount based, directly or indirectly, on revenues or income of the lessee.

(a) The interest in the equipment or facilities is leased under a net lease directly to a public utility or to a person or corporation that is exempt from regulation as a public utility, either as a sole lessee or joint lessee with one (1) or more other public utilities or persons or corporations so exempt;

(b) The person or corporation is otherwise primarily engaged in one (1) or more businesses other than the business of a public utility or is a person or corporation all of whose equity or beneficial ownership is held by one (1) or more persons or corporations so engaged, either directly or indirectly;

(c) If the lessee is a public utility, the lease to it has been authorized or approved by the Arkansas Public Service Commission;

(d) The lease of the interest in the equipment or facilities extends for an initial term of not less than ten (10) years, except for termination of the lease upon events set forth in the lease, unless any shorter term specified in the lease is not less than two-thirds (2/3) of the then-expected remaining useful life of the equipment or facilities or the lease is entered into following termination of a prior lease upon the liquidation, reorganization, bankruptcy, or insolvency of the prior lessee; and

(e) The rent reserved under the lease shall not include any amount based, directly or indirectly, on revenues or income of the lessee.

(ii) For purposes of this subdivision (9)(F), a public utility shall not cease to be such by reason of a lease, directly or indirectly, of a part or all of its interest in such equipment or facilities to any affiliate.

(iii) For purposes of this subdivision (9)(F), the term "person or corporation" shall include any receiver, trustee, or liquidating agent of the person or corporation.

(iv) The exception of the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply, following termination of the lessee's right to possession or use of the interest in the equipment or facilities during the lease term or following termination of the lease by the lessee or its trustee pursuant to the provisions of section 365 of the Federal Bankruptcy Code or of any similar Arkansas or federal statute, for so long as the person or corporation referred to in subdivision (9)(F)(i) of this section does not supply electricity directly to the public. In any case, the exception to the definition of "public utility" described in subdivision (9)(F)(i) of this section shall continue to apply for a period of ninety (90) days following the termination, except that no change in rates that would otherwise be subject to the jurisdiction of the Arkansas Public Service Commission shall be effected during the ninety-day period without the approval of the Arkansas Public Service Commission.

(G) (i) (a) (1) Within a county not subject to subdivision (9)(G)(i) (b) of this section, a Class B or lower water company or Class B or lower sewer company that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if the Class B or lower water company or Class B or lower sewer company petitions the Arkansas Public Service Commission to have the company included. (2) Subdivision (9)(G)(i) (a)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (b) (1) All Class B or lower water companies or Class B or lower sewer companies that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if a majority of the customers of the company petition the Arkansas Public Service Commission to have the company included. The Arkansas Public Service Commission shall determine the sufficiency of the petition at a public hearing. The water or sewer company or any customer of the company may appear and present evidence on the sufficiency of the petition. (2) Subdivision (9)(G)(i) (b)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (ii) The Arkansas Public Service Commission shall adopt rules governing the petition process. (iii) A Class B or lower water company or Class B or lower sewer company shall provide the Arkansas Public Service Commission a list of metered customers upon request.

(i) (a) (1) Within a county not subject to subdivision (9)(G)(i) (b) of this section, a Class B or lower water company or Class B or lower sewer company that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if the Class B or lower water company or Class B or lower sewer company petitions the Arkansas Public Service Commission to have the company included. (2) Subdivision (9)(G)(i) (a)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state. (b) (1) All Class B or lower water companies or Class B or lower sewer companies that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if a majority of the customers of the company petition the Arkansas Public Service Commission to have the company included. The Arkansas Public Service Commission shall determine the sufficiency of the petition at a public hearing. The water or sewer company or any customer of the company may appear and present evidence on the sufficiency of the petition. (2) Subdivision (9)(G)(i) (b)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state.

(a) (1) Within a county not subject to subdivision (9)(G)(i) (b) of this section, a Class B or lower water company or Class B or lower sewer company that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if the Class B or lower water company or Class B or lower sewer company petitions the Arkansas Public Service Commission to have the company included. (2) Subdivision (9)(G)(i) (a)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state.

(1) Within a county not subject to subdivision (9)(G)(i) (b) of this section, a Class B or lower water company or Class B or lower sewer company that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if the Class B or lower water company or Class B or lower sewer company petitions the Arkansas Public Service Commission to have the company included.

(2) Subdivision (9)(G)(i) (a)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state.

(b) (1) All Class B or lower water companies or Class B or lower sewer companies that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if a majority of the customers of the company petition the Arkansas Public Service Commission to have the company included. The Arkansas Public Service Commission shall determine the sufficiency of the petition at a public hearing. The water or sewer company or any customer of the company may appear and present evidence on the sufficiency of the petition. (2) Subdivision (9)(G)(i) (b)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state.

(1) All Class B or lower water companies or Class B or lower sewer companies that would otherwise be exempt from the definition of "public utility" under subdivision (9)(A)(ii) (b) of this section or subdivision (9)(A)(vi) (b) of this section shall be included within the term "public utility" if a majority of the customers of the company petition the Arkansas Public Service Commission to have the company included. The Arkansas Public Service Commission shall determine the sufficiency of the petition at a public hearing. The water or sewer company or any customer of the company may appear and present evidence on the sufficiency of the petition.

(2) Subdivision (9)(G)(i) (b)(1) of this section does not apply to a water or sewer company formed under the nonprofit corporation laws of this state or any improvement district or water distribution district law of this state.

(ii) The Arkansas Public Service Commission shall adopt rules governing the petition process.

(iii) A Class B or lower water company or Class B or lower sewer company shall provide the Arkansas Public Service Commission a list of metered customers upon request.

(H) The term "public utility", as to any public utility defined in subdivision (9)(A)(i) of this section, does not include a person or corporation that furnishes compressed natural gas as a motor fuel to or for the public for compensation and is not otherwise a public utility.

(I) The term "public utility", as to any public utility defined in subdivision (9)(A)(i) of this section, does not include a person or corporation that: (i) Purchases electricity from an electric public utility or a municipal electric utility; (ii) Furnishes electricity exclusively to charge battery electric vehicles and plug-in hybrid electric vehicles to or for the public for compensation; and (iii) Is not otherwise a public utility;

(i) Purchases electricity from an electric public utility or a municipal electric utility;

(ii) Furnishes electricity exclusively to charge battery electric vehicles and plug-in hybrid electric vehicles to or for the public for compensation; and

(iii) Is not otherwise a public utility;

(10) "Rate" means and includes every compensation, charge, fare, toll, rental, and classification, or any of them, demanded, observed, charged, or collected by any public utility for any service, products, or commodity offered by it as a public utility to the public and means and includes any rules, regulations, practices, or contracts affecting any compensation, charge, fare, toll, rental, or classification;

(11) "Securities" means capital stock of all classes and all evidences of indebtedness secured or unsecured by lien upon capital assets or revenues, not including, however, any obligation falling due on or before a fixed date that is not more than one (1) year after the date of its issuance and not secured by a lien upon capital assets or revenues; and

(12) "Service" includes any product or commodity furnished and the plant, equipment, apparatus, appliances, property, and facilities employed by any public utility in performing any service or in furnishing any product or commodity devoted to the public purposes of the utility and to the use and accommodation of customers or patrons.

Amended by Act 2019, No. 391,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 89, eff. 8/1/2017.

Amended by Act 2017, No. 285,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 380,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1133,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1133,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 662,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 662,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 662,§ 1, eff. 8/16/2013.

Acts 1935, No. 324, § 1; Pope's Dig., § 2064; Acts 1967, No. 234, § 4; 1973, No. 125, § 1; 1985, No. 455, § 1; 1985, No. 1084, § 1; A.S.A. 1947, § 73-201; Acts 1987 (1st Ex. Sess.), No. 37, §§ 1, 2; 1988 (4th Ex. Sess.), No. 21, § 1; 1989, No. 53, § 1; 1989, No. 952, § 1; 1991, No. 854, § 1; 1991, No. 1037, § 1; 1997, No. 305, § 1; 1999, No. 1322, § 1.
Ark. Code Ann. § 23-63-1402 — AR Code / Title 23 / Chapter 63 / Subchapter 14 / Section 23-63-1402
Report
Status: in_force

(a) Every insurer domiciled in this state shall file a report with the Insurance Commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements unless the acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the commissioner for review, approval, or information purposes pursuant to other provisions of the Arkansas Insurance Code, laws, rules, or other requirements. (b) The report required in subsection (a) of this section is due within fifteen (15) days after the end of the calendar month in which any of the foregoing transactions occur. (c) One complete copy of the report, including any exhibits or other attachments, shall be filed with: (1) The insurance department of the insurer's state of domicile; and (2) The National Association of Insurance Commissioners. (d) All reports obtained by or disclosed to the commissioner pursuant to this subchapter, shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer who would be affected notice and an opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by publication, in which event the commissioner may publish all or any part in the manner the commissioner may deem appropriate. Amended by Act 2019, No. 315,§ 2638, eff. 7/24/2019. Acts 1995, No. 625, § 1.

(a) Every insurer domiciled in this state shall file a report with the Insurance Commissioner disclosing material acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements unless the acquisitions and dispositions of assets or material nonrenewals, cancellations, or revisions of ceded reinsurance agreements have been submitted to the commissioner for review, approval, or information purposes pursuant to other provisions of the Arkansas Insurance Code, laws, rules, or other requirements.

(b) The report required in subsection (a) of this section is due within fifteen (15) days after the end of the calendar month in which any of the foregoing transactions occur.

(c) One complete copy of the report, including any exhibits or other attachments, shall be filed with: (1) The insurance department of the insurer's state of domicile; and (2) The National Association of Insurance Commissioners.

(1) The insurance department of the insurer's state of domicile; and

(2) The National Association of Insurance Commissioners.

(d) All reports obtained by or disclosed to the commissioner pursuant to this subchapter, shall be given confidential treatment and shall not be subject to subpoena and shall not be made public by the commissioner, the National Association of Insurance Commissioners, or any other person, except to insurance departments of other states, without the prior written consent of the insurer to which it pertains unless the commissioner, after giving the insurer who would be affected notice and an opportunity to be heard, determines that the interest of policyholders, shareholders or the public will be served by publication, in which event the commissioner may publish all or any part in the manner the commissioner may deem appropriate.

Amended by Act 2019, No. 315,§ 2638, eff. 7/24/2019.

Acts 1995, No. 625, § 1.
Ark. Code Ann. § 23-111-305 — AR Code / Title 23 / Chapter 111 / Subchapter 3 / Section 23-111-305
Construction of racing plant - Issuance of permanent franchise
Status: in_force

(a) (1) If a majority of the qualified electors of the state voting on the question vote for authorizing the Arkansas Racing Commission to grant a franchise to conduct greyhound racing in the county, the corporation holding a temporary franchise, within ninety (90) days following the date of receipt of notification thereof from the commission as provided in § 23-111-304(d) , shall acquire a site and commence the construction of buildings and facilities which it proposes to use in conducting greyhound racing meets. (2) Failure of the corporation to acquire the site and commence construction within the ninety-day period shall constitute a forfeit of the temporary franchise. (3) Should any holder of a temporary franchise acquire a site and commence construction within the ninety-day period but fail to complete construction and be open for business within one (1) year next following the end of the ninety-day period, or should the construction not be in substantial compliance with the plans and specifications theretofore filed with, and approved by, the commission, or should the aggregate total of costs of acquisition of a site, construction of buildings and facilities, and purchase of equipment be less than one million dollars ($1,000,000), then the commission shall cancel the temporary franchise, and the cancellation shall constitute a forfeit thereof by the corporation. (4) However, nothing contained in this section shall be construed so as to prohibit mutual agreement on the part of the commission and the corporation to making such changes in the plans and specifications for construction as may be deemed necessary or desirable, but no changes may be agreed to which will have the effect of reducing the total aggregate cost of plant and equipment below one million dollars ($1,000,000). (b) Upon completion of the plant within the time, in the manner, and at the minimum costs provided in subsection (a) of this section and the payment of a franchise fee in the amount of one thousand dollars ($1,000) to the commission by the holder of the temporary franchise, the commission shall issue its franchise in exchange for the temporary franchise held by the corporation. The corporation may then proceed to conduct greyhound racing meets in accordance with the provisions of this chapter or other applicable law, and the franchise shall thereafter be effective in the hands of the corporation unless and until terminated by operation of law, or sooner if terminated by the commission based upon the corporation's failure to comply with applicable greyhound racing laws or by the voluntary forfeiture of the franchise by the franchise holder. Acts 1957, No. 191, § 11; 1965 (2nd Ex. Sess.), No. 7, § 4; A.S.A. 1947, § 84-2826.

(a) (1) If a majority of the qualified electors of the state voting on the question vote for authorizing the Arkansas Racing Commission to grant a franchise to conduct greyhound racing in the county, the corporation holding a temporary franchise, within ninety (90) days following the date of receipt of notification thereof from the commission as provided in § 23-111-304(d) , shall acquire a site and commence the construction of buildings and facilities which it proposes to use in conducting greyhound racing meets. (2) Failure of the corporation to acquire the site and commence construction within the ninety-day period shall constitute a forfeit of the temporary franchise. (3) Should any holder of a temporary franchise acquire a site and commence construction within the ninety-day period but fail to complete construction and be open for business within one (1) year next following the end of the ninety-day period, or should the construction not be in substantial compliance with the plans and specifications theretofore filed with, and approved by, the commission, or should the aggregate total of costs of acquisition of a site, construction of buildings and facilities, and purchase of equipment be less than one million dollars ($1,000,000), then the commission shall cancel the temporary franchise, and the cancellation shall constitute a forfeit thereof by the corporation. (4) However, nothing contained in this section shall be construed so as to prohibit mutual agreement on the part of the commission and the corporation to making such changes in the plans and specifications for construction as may be deemed necessary or desirable, but no changes may be agreed to which will have the effect of reducing the total aggregate cost of plant and equipment below one million dollars ($1,000,000).

(1) If a majority of the qualified electors of the state voting on the question vote for authorizing the Arkansas Racing Commission to grant a franchise to conduct greyhound racing in the county, the corporation holding a temporary franchise, within ninety (90) days following the date of receipt of notification thereof from the commission as provided in § 23-111-304(d) , shall acquire a site and commence the construction of buildings and facilities which it proposes to use in conducting greyhound racing meets.

(2) Failure of the corporation to acquire the site and commence construction within the ninety-day period shall constitute a forfeit of the temporary franchise.

(3) Should any holder of a temporary franchise acquire a site and commence construction within the ninety-day period but fail to complete construction and be open for business within one (1) year next following the end of the ninety-day period, or should the construction not be in substantial compliance with the plans and specifications theretofore filed with, and approved by, the commission, or should the aggregate total of costs of acquisition of a site, construction of buildings and facilities, and purchase of equipment be less than one million dollars ($1,000,000), then the commission shall cancel the temporary franchise, and the cancellation shall constitute a forfeit thereof by the corporation.

(4) However, nothing contained in this section shall be construed so as to prohibit mutual agreement on the part of the commission and the corporation to making such changes in the plans and specifications for construction as may be deemed necessary or desirable, but no changes may be agreed to which will have the effect of reducing the total aggregate cost of plant and equipment below one million dollars ($1,000,000).

(b) Upon completion of the plant within the time, in the manner, and at the minimum costs provided in subsection (a) of this section and the payment of a franchise fee in the amount of one thousand dollars ($1,000) to the commission by the holder of the temporary franchise, the commission shall issue its franchise in exchange for the temporary franchise held by the corporation. The corporation may then proceed to conduct greyhound racing meets in accordance with the provisions of this chapter or other applicable law, and the franchise shall thereafter be effective in the hands of the corporation unless and until terminated by operation of law, or sooner if terminated by the commission based upon the corporation's failure to comply with applicable greyhound racing laws or by the voluntary forfeiture of the franchise by the franchise holder.

Acts 1957, No. 191, § 11; 1965 (2nd Ex. Sess.), No. 7, § 4; A.S.A. 1947, § 84-2826.
Ark. Code Ann. § 23-46-505 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-505
Noncompliance with banking law - Special examinations
Status: in_force

Whenever it shall come to the knowledge of the Bank Commissioner that any state bank or subsidiary trust company has failed or refused to comply with any of the provisions of the Arkansas Banking Code of 1997, with any provision of federal law or federal regulations applicable to financial institutions, with any State Bank Department rules, or with any direction of the commissioner made specifically to that state bank or subsidiary trust company as a result of an examination into its affairs, he or she is authorized, as a penalty for that failure or refusal, to make a special examination of the state bank or subsidiary trust company, to charge and collect the same fees therefor as for a regular examination, and to continue such examinations and charges at intervals of thirty (30) days or less until such provisions, regulations, rules, and directions are complied with. Amended by Act 2019, No. 315,§ 2532, eff. 7/24/2019. Acts 1997, No. 89, § 1.

Whenever it shall come to the knowledge of the Bank Commissioner that any state bank or subsidiary trust company has failed or refused to comply with any of the provisions of the Arkansas Banking Code of 1997, with any provision of federal law or federal regulations applicable to financial institutions, with any State Bank Department rules, or with any direction of the commissioner made specifically to that state bank or subsidiary trust company as a result of an examination into its affairs, he or she is authorized, as a penalty for that failure or refusal, to make a special examination of the state bank or subsidiary trust company, to charge and collect the same fees therefor as for a regular examination, and to continue such examinations and charges at intervals of thirty (30) days or less until such provisions, regulations, rules, and directions are complied with.

Amended by Act 2019, No. 315,§ 2532, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-18-110 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-110
Planned power outages and other emergency measures to reduce energy consumption - Notice requirements - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Directly notify" means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator. (B) "Directly notify" does not include the use of social media; (2) "Electric utility" means a utility that furnishes electricity to retail customers for compensation: (A) Through a municipally owned utility system; or (B) As a public utility under the jurisdiction of the Arkansas Public Service Commission; and (3) "Local government" means: (A) A county; (B) A city of the first class or city of the second class; or (C) An incorporated town. (b) (1) A local government may notify an electric utility to identify the location of any emergency warming centers or emergency cooling centers established to protect the elderly and individuals with disabilities during emergency weather events. (2) A local government that identifies any warming center or cooling center under subdivision (b)(1) of this section shall provide sufficient details concerning the number, location, and designated contact person for coordination of information regarding service to any emergency warming center or emergency cooling center. (c) An electric utility that has received notice from a local government as described in subdivision (b)(1) of this section shall: (1) Include the locations of any emergency warming centers or emergency cooling centers as part of the electric utility's overall planning process to implement a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator; and (2) To the extent technically feasible, use the public utility's best efforts to: (A) Directly notify any persons identified as the appropriate points of contact by the local government as soon as reasonably possible when a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator will be implemented; and (B) Give priority to: (i) Avoid interrupting electric service; and (ii) Restoring electric service to any emergency warming centers or emergency cooling centers identified by the local government. Added by Act 2021, No. 877,§ 1, eff. 7/28/2021.

(a) As used in this section: (1) (A) "Directly notify" means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator. (B) "Directly notify" does not include the use of social media; (2) "Electric utility" means a utility that furnishes electricity to retail customers for compensation: (A) Through a municipally owned utility system; or (B) As a public utility under the jurisdiction of the Arkansas Public Service Commission; and (3) "Local government" means: (A) A county; (B) A city of the first class or city of the second class; or (C) An incorporated town.

(1) (A) "Directly notify" means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator. (B) "Directly notify" does not include the use of social media;

(A) "Directly notify" means, to the extent technically feasible, to use best efforts to provide notification within a reasonable time before a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator.

(B) "Directly notify" does not include the use of social media;

(2) "Electric utility" means a utility that furnishes electricity to retail customers for compensation: (A) Through a municipally owned utility system; or (B) As a public utility under the jurisdiction of the Arkansas Public Service Commission; and

(A) Through a municipally owned utility system; or

(B) As a public utility under the jurisdiction of the Arkansas Public Service Commission; and

(3) "Local government" means: (A) A county; (B) A city of the first class or city of the second class; or (C) An incorporated town.

(A) A county;

(B) A city of the first class or city of the second class; or

(C) An incorporated town.

(b) (1) A local government may notify an electric utility to identify the location of any emergency warming centers or emergency cooling centers established to protect the elderly and individuals with disabilities during emergency weather events. (2) A local government that identifies any warming center or cooling center under subdivision (b)(1) of this section shall provide sufficient details concerning the number, location, and designated contact person for coordination of information regarding service to any emergency warming center or emergency cooling center.

(1) A local government may notify an electric utility to identify the location of any emergency warming centers or emergency cooling centers established to protect the elderly and individuals with disabilities during emergency weather events.

(2) A local government that identifies any warming center or cooling center under subdivision (b)(1) of this section shall provide sufficient details concerning the number, location, and designated contact person for coordination of information regarding service to any emergency warming center or emergency cooling center.

(c) An electric utility that has received notice from a local government as described in subdivision (b)(1) of this section shall: (1) Include the locations of any emergency warming centers or emergency cooling centers as part of the electric utility's overall planning process to implement a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator; and (2) To the extent technically feasible, use the public utility's best efforts to: (A) Directly notify any persons identified as the appropriate points of contact by the local government as soon as reasonably possible when a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator will be implemented; and (B) Give priority to: (i) Avoid interrupting electric service; and (ii) Restoring electric service to any emergency warming centers or emergency cooling centers identified by the local government.

(1) Include the locations of any emergency warming centers or emergency cooling centers as part of the electric utility's overall planning process to implement a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator; and

(2) To the extent technically feasible, use the public utility's best efforts to: (A) Directly notify any persons identified as the appropriate points of contact by the local government as soon as reasonably possible when a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator will be implemented; and (B) Give priority to: (i) Avoid interrupting electric service; and (ii) Restoring electric service to any emergency warming centers or emergency cooling centers identified by the local government.

(A) Directly notify any persons identified as the appropriate points of contact by the local government as soon as reasonably possible when a coordinated interruption of electric service or other emergency measure to reduce energy consumption in response to extreme weather conditions as directed by a regional transmission organization or reliability coordinator will be implemented; and

(B) Give priority to: (i) Avoid interrupting electric service; and (ii) Restoring electric service to any emergency warming centers or emergency cooling centers identified by the local government.

(i) Avoid interrupting electric service; and

(ii) Restoring electric service to any emergency warming centers or emergency cooling centers identified by the local government.

Added by Act 2021, No. 877,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-79-140 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-140
Coverage for mammograms and breast ultrasounds - Definitions
Status: in_force

(a) As used in this section: (1) "Breast magnetic resonance imaging" means a diagnostic tool that uses a powerful magnetic field, radio waves, and a computer to produce detailed pictures of the structures within the breast; (2) "Breast ultrasound" means a noninvasive, diagnostic imaging technique that uses high-frequency sound waves to produce detailed images of the breast; (3) "Cost-sharing requirement" means a deductible, coinsurance, copayment, and any maximum limitation on the application of a deductible, coinsurance, copayment, or similar out-of-pocket expense under a health benefit plan; (4) "Diagnostic examination for breast cancer" means a medically necessary and appropriate examination, as determined by a clinician who is evaluating the individual for breast cancer, to evaluate the abnormality in the breast that is: (A) Seen or suspected from a screening examination for breast cancer; (B) Detected by another means of examination; or (C) Suspected based on the medical history or family medical history of the individual; (5) "Diagnostic mammography" means a diagnostic tool that: (A) Uses X-ray; and (B) Is designed to evaluate an abnormality in a breast; (6) "Examination for breast cancer" means an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound; (7) (A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan; (8) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; (9) "Mammography" means radiography of the breast; and (10) (A) "Screening mammography", including digital breast tomosynthesis, means a radiologic procedure provided to a woman, who has no signs or symptoms of breast cancer, for the purpose of early detection of breast cancer. (B) The procedure entails at least two (2) views of each breast and includes a radiologist's interpretation of the results of the procedure. (b) (1) Every healthcare insurer in this state shall offer as an essential health benefit, coverage for screening mammography for the diagnosis of breast disease such as cancer and the evaluation of dense breast tissue: (A) A baseline mammogram for an insured woman who is thirty-five to forty (35-40) years of age; (B) An annual mammogram for an insured woman who is forty (40) years of age or older; (C) Upon recommendation of a woman's physician, without regard to age, when the woman has had a prior history of breast cancer, when the woman's mother, sister, or any first- or second-degree female relative of the woman has had a history of breast cancer, positive genetic testing, or other risk factors; and (D) A complete breast ultrasound if a mammogram screening demonstrates heterogeneously dense or extremely dense breast tissue and the woman's primary healthcare provider or radiologist determines an ultrasound screening is medically necessary. (2) Insurance coverage for screening mammograms under a health benefit plan, including digital breast tomosynthesis, and breast ultrasounds shall not prejudice coverage for diagnostic mammograms or breast ultrasounds, as recommended by the woman's physician. (3) A fully insured large group insurer that issues, renews, or extends a health benefit plan in this state shall also provide coverage for an optional screening mammography and breast ultrasound benefit as described under subdivision (b)(1) of this section. (c) A healthcare insurer shall not pay for mammographies performed in an unaccredited facility after January 1, 1990. (d) (1) After January 1, 2014, a healthcare insurer shall use the Healthcare Common Procedure Coding System G code for digital mammography services or the Current Procedural Terminology code as established for digital mammography and listed in the most recent annual edition of Current Procedural Terminology published by the American Medical Association. (2) The codes used for digital mammography services described in subdivision (d)(1) of this section shall be reimbursed at a minimum of one and five-tenths (1.5) times the Medicare reimbursement rate. (e) (1) Benefits under this section are subject to any health benefit plan provisions that apply to other services covered by the health benefit plan, except that a health benefit plan shall not impose a copayment or deductible for a screening mammogram. (2) A breast ultrasound shall not be subject to a deductible or any applicable copayment. (3) A healthcare insurer shall ensure that an individual's cost-sharing requirement under a health benefit plan that is applicable to a diagnostic examination for breast cancer, including breast magnetic resonance imaging, is no less favorable than the cost-sharing requirement that is applicable to a screening examination for breast cancer. Amended by Act 2021, No. 553,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 477,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 708,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 708,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 708,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 708,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 708,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 500,§ 2, eff. 3/15/2017. Amended by Act 2013, No. 1259,§ 2, eff. 8/16/2013. Acts 1989, No. 292, §§ 2-4, 6; 1995, No. 508, § 2; 2001, No. 1604, § 104.

(a) As used in this section: (1) "Breast magnetic resonance imaging" means a diagnostic tool that uses a powerful magnetic field, radio waves, and a computer to produce detailed pictures of the structures within the breast; (2) "Breast ultrasound" means a noninvasive, diagnostic imaging technique that uses high-frequency sound waves to produce detailed images of the breast; (3) "Cost-sharing requirement" means a deductible, coinsurance, copayment, and any maximum limitation on the application of a deductible, coinsurance, copayment, or similar out-of-pocket expense under a health benefit plan; (4) "Diagnostic examination for breast cancer" means a medically necessary and appropriate examination, as determined by a clinician who is evaluating the individual for breast cancer, to evaluate the abnormality in the breast that is: (A) Seen or suspected from a screening examination for breast cancer; (B) Detected by another means of examination; or (C) Suspected based on the medical history or family medical history of the individual; (5) "Diagnostic mammography" means a diagnostic tool that: (A) Uses X-ray; and (B) Is designed to evaluate an abnormality in a breast; (6) "Examination for breast cancer" means an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound; (7) (A) "Health benefit plan" means an individual, blanket, or any group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Plans providing health benefits to state and public school employees under § 21-5-401 et seq. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; or (ix) A specified disease plan; (8) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; (9) "Mammography" means radiography of the breast; and (10) (A) "Screening mammography", including digital breast tomosynthesis, means a radiologic procedure provided to a woman, who has no signs or symptoms of breast cancer, for the purpose of early detection of breast cancer. (B) The procedure entails at least two (2) views of each breast and includes a radiologist's interpretation of the results of the procedure.

(1) "Breast magnetic resonance imaging" means a diagnostic tool that uses a powerful magnetic field, radio waves, and a computer to produce detailed pictures of the structures within the breast;

(2) "Breast ultrasound" means a noninvasive, diagnostic imaging technique that uses high-frequency sound waves to produce detailed images of the breast;

(3) "Cost-sharing requirement" means a deductible, coinsurance, copayment, and any maximum limitation on the application of a deductible, coinsurance, copayment, or similar out-of-pocket expense under a health benefit plan;

(4) "Diagnostic examination for breast cancer" means a medically necessary and appropriate examination, as determined by a clinician who is evaluating the individual for breast cancer, to evaluate the abnormality in the breast that is: (A) Seen or suspected from a screening examination for breast cancer; (B) Detected by another means of examination; or (C) Suspected based on the medical history or family medical history of the individual;

(A) Seen or suspected from a screening examination for breast cancer;

(B) Detected by another means of examination; or

(C) Suspected based on the medical history or family medical history of the individual;

(5) "Diagnostic mammography" means a diagnostic tool that: (A) Uses X-ray; and (B) Is designed to evaluate an abnormality in a breast;

(A) Uses X-ray; and

(B) Is designed to evaluate an abnormality in a breast;

(6) "Examination for breast cancer" means an examination used to evaluate an abnormality in a breast using diagnostic mammography, breast magnetic resonance imaging, or breast ultrasound;

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

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

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

(i) Indemnity and managed care plans; and

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

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

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

(ii) A disability income plan;

(iii) A credit insurance plan;

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

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

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

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

(viii) An accident-only plan; or

(ix) A specified disease plan;

(8) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;

(A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.

(i) The insurance laws of this state;

(ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or

(iii) Section 23-76-101 et seq., pertaining to health maintenance organizations.

(B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits;

(9) "Mammography" means radiography of the breast; and

(10) (A) "Screening mammography", including digital breast tomosynthesis, means a radiologic procedure provided to a woman, who has no signs or symptoms of breast cancer, for the purpose of early detection of breast cancer. (B) The procedure entails at least two (2) views of each breast and includes a radiologist's interpretation of the results of the procedure.

(A) "Screening mammography", including digital breast tomosynthesis, means a radiologic procedure provided to a woman, who has no signs or symptoms of breast cancer, for the purpose of early detection of breast cancer.

(B) The procedure entails at least two (2) views of each breast and includes a radiologist's interpretation of the results of the procedure.

(b) (1) Every healthcare insurer in this state shall offer as an essential health benefit, coverage for screening mammography for the diagnosis of breast disease such as cancer and the evaluation of dense breast tissue: (A) A baseline mammogram for an insured woman who is thirty-five to forty (35-40) years of age; (B) An annual mammogram for an insured woman who is forty (40) years of age or older; (C) Upon recommendation of a woman's physician, without regard to age, when the woman has had a prior history of breast cancer, when the woman's mother, sister, or any first- or second-degree female relative of the woman has had a history of breast cancer, positive genetic testing, or other risk factors; and (D) A complete breast ultrasound if a mammogram screening demonstrates heterogeneously dense or extremely dense breast tissue and the woman's primary healthcare provider or radiologist determines an ultrasound screening is medically necessary. (2) Insurance coverage for screening mammograms under a health benefit plan, including digital breast tomosynthesis, and breast ultrasounds shall not prejudice coverage for diagnostic mammograms or breast ultrasounds, as recommended by the woman's physician. (3) A fully insured large group insurer that issues, renews, or extends a health benefit plan in this state shall also provide coverage for an optional screening mammography and breast ultrasound benefit as described under subdivision (b)(1) of this section.

(1) Every healthcare insurer in this state shall offer as an essential health benefit, coverage for screening mammography for the diagnosis of breast disease such as cancer and the evaluation of dense breast tissue: (A) A baseline mammogram for an insured woman who is thirty-five to forty (35-40) years of age; (B) An annual mammogram for an insured woman who is forty (40) years of age or older; (C) Upon recommendation of a woman's physician, without regard to age, when the woman has had a prior history of breast cancer, when the woman's mother, sister, or any first- or second-degree female relative of the woman has had a history of breast cancer, positive genetic testing, or other risk factors; and (D) A complete breast ultrasound if a mammogram screening demonstrates heterogeneously dense or extremely dense breast tissue and the woman's primary healthcare provider or radiologist determines an ultrasound screening is medically necessary.

(A) A baseline mammogram for an insured woman who is thirty-five to forty (35-40) years of age;

(B) An annual mammogram for an insured woman who is forty (40) years of age or older;

(C) Upon recommendation of a woman's physician, without regard to age, when the woman has had a prior history of breast cancer, when the woman's mother, sister, or any first- or second-degree female relative of the woman has had a history of breast cancer, positive genetic testing, or other risk factors; and

(D) A complete breast ultrasound if a mammogram screening demonstrates heterogeneously dense or extremely dense breast tissue and the woman's primary healthcare provider or radiologist determines an ultrasound screening is medically necessary.

(2) Insurance coverage for screening mammograms under a health benefit plan, including digital breast tomosynthesis, and breast ultrasounds shall not prejudice coverage for diagnostic mammograms or breast ultrasounds, as recommended by the woman's physician.

(3) A fully insured large group insurer that issues, renews, or extends a health benefit plan in this state shall also provide coverage for an optional screening mammography and breast ultrasound benefit as described under subdivision (b)(1) of this section.

(c) A healthcare insurer shall not pay for mammographies performed in an unaccredited facility after January 1, 1990.

(d) (1) After January 1, 2014, a healthcare insurer shall use the Healthcare Common Procedure Coding System G code for digital mammography services or the Current Procedural Terminology code as established for digital mammography and listed in the most recent annual edition of Current Procedural Terminology published by the American Medical Association. (2) The codes used for digital mammography services described in subdivision (d)(1) of this section shall be reimbursed at a minimum of one and five-tenths (1.5) times the Medicare reimbursement rate.

(1) After January 1, 2014, a healthcare insurer shall use the Healthcare Common Procedure Coding System G code for digital mammography services or the Current Procedural Terminology code as established for digital mammography and listed in the most recent annual edition of Current Procedural Terminology published by the American Medical Association.

(2) The codes used for digital mammography services described in subdivision (d)(1) of this section shall be reimbursed at a minimum of one and five-tenths (1.5) times the Medicare reimbursement rate.

(e) (1) Benefits under this section are subject to any health benefit plan provisions that apply to other services covered by the health benefit plan, except that a health benefit plan shall not impose a copayment or deductible for a screening mammogram. (2) A breast ultrasound shall not be subject to a deductible or any applicable copayment. (3) A healthcare insurer shall ensure that an individual's cost-sharing requirement under a health benefit plan that is applicable to a diagnostic examination for breast cancer, including breast magnetic resonance imaging, is no less favorable than the cost-sharing requirement that is applicable to a screening examination for breast cancer.

(1) Benefits under this section are subject to any health benefit plan provisions that apply to other services covered by the health benefit plan, except that a health benefit plan shall not impose a copayment or deductible for a screening mammogram.

(2) A breast ultrasound shall not be subject to a deductible or any applicable copayment.

(3) A healthcare insurer shall ensure that an individual's cost-sharing requirement under a health benefit plan that is applicable to a diagnostic examination for breast cancer, including breast magnetic resonance imaging, is no less favorable than the cost-sharing requirement that is applicable to a screening examination for breast cancer.

Amended by Act 2021, No. 553,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 477,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 708,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 708,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 708,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 708,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 708,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 500,§ 2, eff. 3/15/2017.

Amended by Act 2013, No. 1259,§ 2, eff. 8/16/2013.

Acts 1989, No. 292, §§ 2-4, 6; 1995, No. 508, § 2; 2001, No. 1604, § 104.
Ark. Code Ann. § 23-13-203 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-203
Definitions
Status: in_force

(a) As used in this subchapter, unless the context otherwise requires: (1) "Broker" means any person not included in the term "motor carrier" and not a bona fide employee or agent of any motor carrier. A "broker", as principal or agent, sells or offers for sale any transportation subject to this subchapter, or negotiates for, or holds himself or herself or itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation; (2) "Certificate" means a certificate of public convenience and necessity issued under authority of the laws of the State of Arkansas to common carriers by motor vehicle; (3) "Commercial zone" means any municipality within this state together with that area outside the corporate limits of any municipality which is prescribed by the Interstate Commerce Commission [abolished] as a commercial zone; (4) "Common carrier by motor vehicle" means any person who or which undertakes, whether directly or indirectly, or by lease of equipment or franchise rights, or any other arrangement, to transport passengers or property or any classes of property for the general public by motor vehicle for compensation whether over regular or irregular routes; (5) "Contract carrier by motor vehicle" means any person not a common carrier included under subdivision (a)(4) of this section who or which, under individual contracts or agreements, and whether directly or indirectly or by lease of equipment or franchise rights or any other arrangements, transports passengers or property by motor vehicle for compensation; (6) [Repealed.] (7) "Highway" means the public roads, highways, streets, and ways in the State of Arkansas; (8) (A) "Household goods carrier" means any motor carrier transporting: (i) Personal effects and property used or to be used in a dwelling when it is a part of the equipment or supply of the dwelling; (ii) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when they are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and (iii) Articles, including objects of art, displays and exhibits, voting machines and tabulating machines, including the auxiliary machines or component parts as are necessary to the performance of a complete tabulating process, including, but not limited to, punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods. (B) (i) The household goods carriers shall continue to be regulated by the Arkansas Department of Transportation in accordance with this subchapter and all rules made and promulgated by the department. (ii) Provided, a household goods carrier upon application with the department shall not be required to prove that the proposed services or operations are required by the present or future public convenience and necessity, nor shall the rates of such household goods carriers be subject to regulation by the department; (9) "Interested parties" includes, in all cases, all carriers operating over the routes or any part thereof or in the territory involved in any application for a certificate of convenience and necessity or a permit, or any application to file or change any schedule or rates, charges, fares, or any rule or practice, and such other parties as the department may deem interested in the particular matter; (10) "Irregular route" means that the route to be used by a motor carrier is not restricted to any specific highways within the area the motor carrier is authorized to serve; (11) "Lease" means, as used in connection with the term "motor vehicle", the rental of a motor vehicle by a lessor to a lessee, except to an authorized carrier, with nothing furnished except necessary maintenance; (12) "License" means a license issued under this subchapter to a broker; (13) "Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle and any person performing for-hire transportation service without authority from the department; (14) "Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property or any combination thereof determined by the department, but it does not include any vehicle, locomotive, or car operated exclusively on rails; (15) "Occasional" means the transportation of persons or property where an emergency exists at the time or place and no authorized service is immediately available; (16) "Permit" means a permit issued under authority of the laws of the State of Arkansas to contract carriers by motor vehicle; (17) "Person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof; (18) "Private carrier" means any person engaged in the transportation by motor vehicle upon public highways of persons or property, or both, but not as a common carrier by motor vehicle or a contract carrier by motor vehicle and includes any person who transports property by motor vehicle, where the transportation is incidental to or in furtherance of any commercial enterprise of the person, which enterprise is one other than transportation; and (19) "Regular route" means a fixed, specific, and determined course to be traveled by a motor carrier's vehicles rendering service to, from, or between various points, localities, or municipalities in this state. (b) The "services" and "transportation" to which this subchapter applies includes all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier and used in the transportation of passengers or property or in the performance of any service in connection therewith. Amended by Act 2019, No. 315,§ 2418, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2417, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 183, eff. 8/1/2017. Acts 1955, No. 397, § 5; A.S.A. 1947, § 73-1758; Acts 1995, No. 746, § 2.

(a) As used in this subchapter, unless the context otherwise requires: (1) "Broker" means any person not included in the term "motor carrier" and not a bona fide employee or agent of any motor carrier. A "broker", as principal or agent, sells or offers for sale any transportation subject to this subchapter, or negotiates for, or holds himself or herself or itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation; (2) "Certificate" means a certificate of public convenience and necessity issued under authority of the laws of the State of Arkansas to common carriers by motor vehicle; (3) "Commercial zone" means any municipality within this state together with that area outside the corporate limits of any municipality which is prescribed by the Interstate Commerce Commission [abolished] as a commercial zone; (4) "Common carrier by motor vehicle" means any person who or which undertakes, whether directly or indirectly, or by lease of equipment or franchise rights, or any other arrangement, to transport passengers or property or any classes of property for the general public by motor vehicle for compensation whether over regular or irregular routes; (5) "Contract carrier by motor vehicle" means any person not a common carrier included under subdivision (a)(4) of this section who or which, under individual contracts or agreements, and whether directly or indirectly or by lease of equipment or franchise rights or any other arrangements, transports passengers or property by motor vehicle for compensation; (6) [Repealed.] (7) "Highway" means the public roads, highways, streets, and ways in the State of Arkansas; (8) (A) "Household goods carrier" means any motor carrier transporting: (i) Personal effects and property used or to be used in a dwelling when it is a part of the equipment or supply of the dwelling; (ii) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when they are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and (iii) Articles, including objects of art, displays and exhibits, voting machines and tabulating machines, including the auxiliary machines or component parts as are necessary to the performance of a complete tabulating process, including, but not limited to, punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods. (B) (i) The household goods carriers shall continue to be regulated by the Arkansas Department of Transportation in accordance with this subchapter and all rules made and promulgated by the department. (ii) Provided, a household goods carrier upon application with the department shall not be required to prove that the proposed services or operations are required by the present or future public convenience and necessity, nor shall the rates of such household goods carriers be subject to regulation by the department; (9) "Interested parties" includes, in all cases, all carriers operating over the routes or any part thereof or in the territory involved in any application for a certificate of convenience and necessity or a permit, or any application to file or change any schedule or rates, charges, fares, or any rule or practice, and such other parties as the department may deem interested in the particular matter; (10) "Irregular route" means that the route to be used by a motor carrier is not restricted to any specific highways within the area the motor carrier is authorized to serve; (11) "Lease" means, as used in connection with the term "motor vehicle", the rental of a motor vehicle by a lessor to a lessee, except to an authorized carrier, with nothing furnished except necessary maintenance; (12) "License" means a license issued under this subchapter to a broker; (13) "Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle and any person performing for-hire transportation service without authority from the department; (14) "Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property or any combination thereof determined by the department, but it does not include any vehicle, locomotive, or car operated exclusively on rails; (15) "Occasional" means the transportation of persons or property where an emergency exists at the time or place and no authorized service is immediately available; (16) "Permit" means a permit issued under authority of the laws of the State of Arkansas to contract carriers by motor vehicle; (17) "Person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof; (18) "Private carrier" means any person engaged in the transportation by motor vehicle upon public highways of persons or property, or both, but not as a common carrier by motor vehicle or a contract carrier by motor vehicle and includes any person who transports property by motor vehicle, where the transportation is incidental to or in furtherance of any commercial enterprise of the person, which enterprise is one other than transportation; and (19) "Regular route" means a fixed, specific, and determined course to be traveled by a motor carrier's vehicles rendering service to, from, or between various points, localities, or municipalities in this state.

(1) "Broker" means any person not included in the term "motor carrier" and not a bona fide employee or agent of any motor carrier. A "broker", as principal or agent, sells or offers for sale any transportation subject to this subchapter, or negotiates for, or holds himself or herself or itself out by solicitation, advertisement, or otherwise as one who sells, provides, furnishes, contracts, or arranges for such transportation;

(2) "Certificate" means a certificate of public convenience and necessity issued under authority of the laws of the State of Arkansas to common carriers by motor vehicle;

(3) "Commercial zone" means any municipality within this state together with that area outside the corporate limits of any municipality which is prescribed by the Interstate Commerce Commission [abolished] as a commercial zone;

(4) "Common carrier by motor vehicle" means any person who or which undertakes, whether directly or indirectly, or by lease of equipment or franchise rights, or any other arrangement, to transport passengers or property or any classes of property for the general public by motor vehicle for compensation whether over regular or irregular routes;

(5) "Contract carrier by motor vehicle" means any person not a common carrier included under subdivision (a)(4) of this section who or which, under individual contracts or agreements, and whether directly or indirectly or by lease of equipment or franchise rights or any other arrangements, transports passengers or property by motor vehicle for compensation;

(6) [Repealed.]

(7) "Highway" means the public roads, highways, streets, and ways in the State of Arkansas;

(8) (A) "Household goods carrier" means any motor carrier transporting: (i) Personal effects and property used or to be used in a dwelling when it is a part of the equipment or supply of the dwelling; (ii) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when they are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and (iii) Articles, including objects of art, displays and exhibits, voting machines and tabulating machines, including the auxiliary machines or component parts as are necessary to the performance of a complete tabulating process, including, but not limited to, punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods. (B) (i) The household goods carriers shall continue to be regulated by the Arkansas Department of Transportation in accordance with this subchapter and all rules made and promulgated by the department. (ii) Provided, a household goods carrier upon application with the department shall not be required to prove that the proposed services or operations are required by the present or future public convenience and necessity, nor shall the rates of such household goods carriers be subject to regulation by the department;

(A) "Household goods carrier" means any motor carrier transporting: (i) Personal effects and property used or to be used in a dwelling when it is a part of the equipment or supply of the dwelling; (ii) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when they are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and (iii) Articles, including objects of art, displays and exhibits, voting machines and tabulating machines, including the auxiliary machines or component parts as are necessary to the performance of a complete tabulating process, including, but not limited to, punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods.

(i) Personal effects and property used or to be used in a dwelling when it is a part of the equipment or supply of the dwelling;

(ii) Furniture, fixtures, equipment, and the property of stores, offices, museums, institutions, hospitals, or other establishments when they are a part of the stock, equipment, or supply of the stores, offices, museums, institutions, hospitals, or other establishments; and

(iii) Articles, including objects of art, displays and exhibits, voting machines and tabulating machines, including the auxiliary machines or component parts as are necessary to the performance of a complete tabulating process, including, but not limited to, punches, sorters, computers, verifiers, collators, reproducers, interpreters, multipliers, wiring units, and control panels and spare parts therefor, which because of the unusual nature or value require specialized handling and equipment usually employed in moving household goods.

(B) (i) The household goods carriers shall continue to be regulated by the Arkansas Department of Transportation in accordance with this subchapter and all rules made and promulgated by the department. (ii) Provided, a household goods carrier upon application with the department shall not be required to prove that the proposed services or operations are required by the present or future public convenience and necessity, nor shall the rates of such household goods carriers be subject to regulation by the department;

(i) The household goods carriers shall continue to be regulated by the Arkansas Department of Transportation in accordance with this subchapter and all rules made and promulgated by the department.

(ii) Provided, a household goods carrier upon application with the department shall not be required to prove that the proposed services or operations are required by the present or future public convenience and necessity, nor shall the rates of such household goods carriers be subject to regulation by the department;

(9) "Interested parties" includes, in all cases, all carriers operating over the routes or any part thereof or in the territory involved in any application for a certificate of convenience and necessity or a permit, or any application to file or change any schedule or rates, charges, fares, or any rule or practice, and such other parties as the department may deem interested in the particular matter;

(10) "Irregular route" means that the route to be used by a motor carrier is not restricted to any specific highways within the area the motor carrier is authorized to serve;

(11) "Lease" means, as used in connection with the term "motor vehicle", the rental of a motor vehicle by a lessor to a lessee, except to an authorized carrier, with nothing furnished except necessary maintenance;

(12) "License" means a license issued under this subchapter to a broker;

(13) "Motor carrier" includes both a common carrier by motor vehicle and a contract carrier by motor vehicle and any person performing for-hire transportation service without authority from the department;

(14) "Motor vehicle" means any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used upon the highways in the transportation of passengers or property or any combination thereof determined by the department, but it does not include any vehicle, locomotive, or car operated exclusively on rails;

(15) "Occasional" means the transportation of persons or property where an emergency exists at the time or place and no authorized service is immediately available;

(16) "Permit" means a permit issued under authority of the laws of the State of Arkansas to contract carriers by motor vehicle;

(17) "Person" means any individual, firm, copartnership, corporation, company, association, or joint-stock association and includes any trustee, receiver, assignee, or personal representative thereof;

(18) "Private carrier" means any person engaged in the transportation by motor vehicle upon public highways of persons or property, or both, but not as a common carrier by motor vehicle or a contract carrier by motor vehicle and includes any person who transports property by motor vehicle, where the transportation is incidental to or in furtherance of any commercial enterprise of the person, which enterprise is one other than transportation; and

(19) "Regular route" means a fixed, specific, and determined course to be traveled by a motor carrier's vehicles rendering service to, from, or between various points, localities, or municipalities in this state.

(b) The "services" and "transportation" to which this subchapter applies includes all vehicles operated by, for, or in the interest of any motor carrier irrespective of ownership or of contract, express or implied, together with all facilities and property operated or controlled by any such carrier and used in the transportation of passengers or property or in the performance of any service in connection therewith.

Amended by Act 2019, No. 315,§ 2418, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2417, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 183, eff. 8/1/2017.

Acts 1955, No. 397, § 5; A.S.A. 1947, § 73-1758; Acts 1995, No. 746, § 2.
Ark. Code Ann. § 23-79-2104 — AR Code / Title 23 / Chapter 79 / Subchapter 21 / Section 23-79-2104
Exceptions - Transparency
Status: in_force

(a) (1) If coverage of a prescription drug for the treatment of any medical condition is restricted for use by a healthcare insurer, health benefit plan, or utilization review organization through the use of a step therapy protocol, a patient and prescribing healthcare provider shall have access to a clear, readily accessible, and convenient process to request a step therapy protocol exception. (2) (A) A healthcare insurer, health benefit plan, or utilization review organization may use its existing medical exceptions process to satisfy the requirement under subdivision (a)(1) of this section. (B) The existing medical exceptions process shall be made easily accessible on the website of the healthcare insurer, health benefit plan, or utilization review organization. (C) Upon request, a healthcare insurer, health benefit plan, or utilization review organization shall disclose to a prescribing healthcare provider all rules and clinical review criteria related to the step therapy protocol, including without limitation the specific information and documentation that is required to be submitted by a prescribing healthcare provider or patient to the healthcare insurer, health benefit plan, or utilization review organization to be considered a complete step therapy protocol exception request. (b) A step therapy protocol exception shall be expeditiously granted if: (1) A required prescription drug is contraindicated or will likely cause an adverse reaction or physical or mental harm to the patient; (2) A required prescription drug is expected to be ineffective based on the known clinical characteristics of the patient and the known characteristics of the prescription drug regimen; (3) A patient has tried the required prescription drug while under the patient's current or previous health benefit plan, or another prescription drug in the same pharmacologic class or with the same mechanism of action and the prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse event; (4) A required prescription drug is not in the best interest of the patient, based on medical necessity; or (5) A patient is stable on a prescription drug selected by the patient's healthcare provider for the medical condition under consideration while on a current or previous health benefit plan. (c) (1) The healthcare insurer, health benefit plan, or utilization review organization shall grant or deny a request for a step therapy protocol exception within seventy-two (72) hours of receiving the request. (2) In cases in which exigent circumstances exist, the healthcare insurer, health benefit plan, or utilization review organization shall grant or deny the request within twenty-four (24) hours of receiving the request. (d) (1) A patient covered by a healthcare insurer under a health benefit plan may appeal the denial of a request for a step therapy protocol exception. (2) The health benefit plan shall grant or deny the appeal within seventy-two (72) hours of receiving the appeal. (3) In cases in which exigent circumstances exist, the health benefit plan shall grant or deny the appeal within twenty-four (24) hours of receiving the appeal. (e) If a response by a healthcare insurer, health benefit plan, or utilization review organization is not received within the time allotted under this section, the request for a step therapy protocol exception or the appeal of a denial of such a request shall be deemed granted. (f) (1) If a request for a step therapy protocol exception is incomplete or additional clinically relevant information is required, a healthcare insurer, health benefit plan, or utilization review organization shall notify the prescribing healthcare provider within seventy-two (72) hours of submission, or twenty-four (24) hours in exigent circumstances, of the additional or clinically relevant information that is required in order to approve or deny the step therapy protocol exception request or appeal as described under subdivision (a)(1) of this section. (2) Once the requested information is submitted, the applicable time period to grant or deny a step therapy protocol exception request or appeal shall apply. (3) If a determination or notice of incomplete or clinically relevant information by a healthcare insurer, health benefit plan, or utilization review organization is not received by the prescribing healthcare provider within the time allotted, the step therapy protocol exception or appeal shall be deemed granted. (4) In the event of a denial, a healthcare insurer, health benefit plan, or utilization review organization shall inform the patient of a potential appeal process. (g) Upon the granting of a step therapy protocol exception, a healthcare insurer, health benefit plan, or utilization review organization shall authorize coverage for the prescription drug prescribed by the patient's treating healthcare provider. (h) This section shall not be construed to prevent: (1) A healthcare insurer, a health benefit plan, or a utilization review organization from requiring: (A) A patient to try a generic equivalent, interchangeable biological product, or biosimilar medical product unless such a requirement meets subsection (b) of this section pursuant to a step therapy protocol exception request submitted under subsection (b) of this section; or (B) A pharmacist to effect substitutions of prescription drugs consistent with § 17-92-503 ; or (2) A healthcare provider from prescribing a prescription drug that is determined to be medically necessary. Amended by Act 2023, No. 136,§ 2, eff. 8/1/2023. Added by Act 2021, No. 97,§ 2, eff. 1/1/2022.

(a) (1) If coverage of a prescription drug for the treatment of any medical condition is restricted for use by a healthcare insurer, health benefit plan, or utilization review organization through the use of a step therapy protocol, a patient and prescribing healthcare provider shall have access to a clear, readily accessible, and convenient process to request a step therapy protocol exception. (2) (A) A healthcare insurer, health benefit plan, or utilization review organization may use its existing medical exceptions process to satisfy the requirement under subdivision (a)(1) of this section. (B) The existing medical exceptions process shall be made easily accessible on the website of the healthcare insurer, health benefit plan, or utilization review organization. (C) Upon request, a healthcare insurer, health benefit plan, or utilization review organization shall disclose to a prescribing healthcare provider all rules and clinical review criteria related to the step therapy protocol, including without limitation the specific information and documentation that is required to be submitted by a prescribing healthcare provider or patient to the healthcare insurer, health benefit plan, or utilization review organization to be considered a complete step therapy protocol exception request.

(1) If coverage of a prescription drug for the treatment of any medical condition is restricted for use by a healthcare insurer, health benefit plan, or utilization review organization through the use of a step therapy protocol, a patient and prescribing healthcare provider shall have access to a clear, readily accessible, and convenient process to request a step therapy protocol exception.

(2) (A) A healthcare insurer, health benefit plan, or utilization review organization may use its existing medical exceptions process to satisfy the requirement under subdivision (a)(1) of this section. (B) The existing medical exceptions process shall be made easily accessible on the website of the healthcare insurer, health benefit plan, or utilization review organization. (C) Upon request, a healthcare insurer, health benefit plan, or utilization review organization shall disclose to a prescribing healthcare provider all rules and clinical review criteria related to the step therapy protocol, including without limitation the specific information and documentation that is required to be submitted by a prescribing healthcare provider or patient to the healthcare insurer, health benefit plan, or utilization review organization to be considered a complete step therapy protocol exception request.

(A) A healthcare insurer, health benefit plan, or utilization review organization may use its existing medical exceptions process to satisfy the requirement under subdivision (a)(1) of this section.

(B) The existing medical exceptions process shall be made easily accessible on the website of the healthcare insurer, health benefit plan, or utilization review organization.

(C) Upon request, a healthcare insurer, health benefit plan, or utilization review organization shall disclose to a prescribing healthcare provider all rules and clinical review criteria related to the step therapy protocol, including without limitation the specific information and documentation that is required to be submitted by a prescribing healthcare provider or patient to the healthcare insurer, health benefit plan, or utilization review organization to be considered a complete step therapy protocol exception request.

(b) A step therapy protocol exception shall be expeditiously granted if: (1) A required prescription drug is contraindicated or will likely cause an adverse reaction or physical or mental harm to the patient; (2) A required prescription drug is expected to be ineffective based on the known clinical characteristics of the patient and the known characteristics of the prescription drug regimen; (3) A patient has tried the required prescription drug while under the patient's current or previous health benefit plan, or another prescription drug in the same pharmacologic class or with the same mechanism of action and the prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse event; (4) A required prescription drug is not in the best interest of the patient, based on medical necessity; or (5) A patient is stable on a prescription drug selected by the patient's healthcare provider for the medical condition under consideration while on a current or previous health benefit plan.

(1) A required prescription drug is contraindicated or will likely cause an adverse reaction or physical or mental harm to the patient;

(2) A required prescription drug is expected to be ineffective based on the known clinical characteristics of the patient and the known characteristics of the prescription drug regimen;

(3) A patient has tried the required prescription drug while under the patient's current or previous health benefit plan, or another prescription drug in the same pharmacologic class or with the same mechanism of action and the prescription drug was discontinued due to lack of efficacy or effectiveness, diminished effect, or an adverse event;

(4) A required prescription drug is not in the best interest of the patient, based on medical necessity; or

(5) A patient is stable on a prescription drug selected by the patient's healthcare provider for the medical condition under consideration while on a current or previous health benefit plan.

(c) (1) The healthcare insurer, health benefit plan, or utilization review organization shall grant or deny a request for a step therapy protocol exception within seventy-two (72) hours of receiving the request. (2) In cases in which exigent circumstances exist, the healthcare insurer, health benefit plan, or utilization review organization shall grant or deny the request within twenty-four (24) hours of receiving the request.

(1) The healthcare insurer, health benefit plan, or utilization review organization shall grant or deny a request for a step therapy protocol exception within seventy-two (72) hours of receiving the request.

(2) In cases in which exigent circumstances exist, the healthcare insurer, health benefit plan, or utilization review organization shall grant or deny the request within twenty-four (24) hours of receiving the request.

(d) (1) A patient covered by a healthcare insurer under a health benefit plan may appeal the denial of a request for a step therapy protocol exception. (2) The health benefit plan shall grant or deny the appeal within seventy-two (72) hours of receiving the appeal. (3) In cases in which exigent circumstances exist, the health benefit plan shall grant or deny the appeal within twenty-four (24) hours of receiving the appeal.

(1) A patient covered by a healthcare insurer under a health benefit plan may appeal the denial of a request for a step therapy protocol exception.

(2) The health benefit plan shall grant or deny the appeal within seventy-two (72) hours of receiving the appeal.

(3) In cases in which exigent circumstances exist, the health benefit plan shall grant or deny the appeal within twenty-four (24) hours of receiving the appeal.

(e) If a response by a healthcare insurer, health benefit plan, or utilization review organization is not received within the time allotted under this section, the request for a step therapy protocol exception or the appeal of a denial of such a request shall be deemed granted.

(f) (1) If a request for a step therapy protocol exception is incomplete or additional clinically relevant information is required, a healthcare insurer, health benefit plan, or utilization review organization shall notify the prescribing healthcare provider within seventy-two (72) hours of submission, or twenty-four (24) hours in exigent circumstances, of the additional or clinically relevant information that is required in order to approve or deny the step therapy protocol exception request or appeal as described under subdivision (a)(1) of this section. (2) Once the requested information is submitted, the applicable time period to grant or deny a step therapy protocol exception request or appeal shall apply. (3) If a determination or notice of incomplete or clinically relevant information by a healthcare insurer, health benefit plan, or utilization review organization is not received by the prescribing healthcare provider within the time allotted, the step therapy protocol exception or appeal shall be deemed granted. (4) In the event of a denial, a healthcare insurer, health benefit plan, or utilization review organization shall inform the patient of a potential appeal process.

(1) If a request for a step therapy protocol exception is incomplete or additional clinically relevant information is required, a healthcare insurer, health benefit plan, or utilization review organization shall notify the prescribing healthcare provider within seventy-two (72) hours of submission, or twenty-four (24) hours in exigent circumstances, of the additional or clinically relevant information that is required in order to approve or deny the step therapy protocol exception request or appeal as described under subdivision (a)(1) of this section.

(2) Once the requested information is submitted, the applicable time period to grant or deny a step therapy protocol exception request or appeal shall apply.

(3) If a determination or notice of incomplete or clinically relevant information by a healthcare insurer, health benefit plan, or utilization review organization is not received by the prescribing healthcare provider within the time allotted, the step therapy protocol exception or appeal shall be deemed granted.

(4) In the event of a denial, a healthcare insurer, health benefit plan, or utilization review organization shall inform the patient of a potential appeal process.

(g) Upon the granting of a step therapy protocol exception, a healthcare insurer, health benefit plan, or utilization review organization shall authorize coverage for the prescription drug prescribed by the patient's treating healthcare provider.

(h) This section shall not be construed to prevent: (1) A healthcare insurer, a health benefit plan, or a utilization review organization from requiring: (A) A patient to try a generic equivalent, interchangeable biological product, or biosimilar medical product unless such a requirement meets subsection (b) of this section pursuant to a step therapy protocol exception request submitted under subsection (b) of this section; or (B) A pharmacist to effect substitutions of prescription drugs consistent with § 17-92-503 ; or (2) A healthcare provider from prescribing a prescription drug that is determined to be medically necessary.

(1) A healthcare insurer, a health benefit plan, or a utilization review organization from requiring: (A) A patient to try a generic equivalent, interchangeable biological product, or biosimilar medical product unless such a requirement meets subsection (b) of this section pursuant to a step therapy protocol exception request submitted under subsection (b) of this section; or (B) A pharmacist to effect substitutions of prescription drugs consistent with § 17-92-503 ; or

(A) A patient to try a generic equivalent, interchangeable biological product, or biosimilar medical product unless such a requirement meets subsection (b) of this section pursuant to a step therapy protocol exception request submitted under subsection (b) of this section; or

(B) A pharmacist to effect substitutions of prescription drugs consistent with § 17-92-503 ; or

(2) A healthcare provider from prescribing a prescription drug that is determined to be medically necessary.

Amended by Act 2023, No. 136,§ 2, eff. 8/1/2023.

Added by Act 2021, No. 97,§ 2, eff. 1/1/2022.
Ark. Code Ann. § 23-79-1401 — AR Code / Title 23 / Chapter 79 / Subchapter 14 / Section 23-79-1401
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009. (C) "Health benefit plan" does not include: (i) Accidental injury insurance plans; (ii) Dental insurance plans; (iii) Vision insurance plans; (iv) Specified disease insurance plans; (v) Disability income plans; (vi) Credit insurance plans; (vii) Insurance coverage issued as a supplement to liability insurance; (viii) Medical payments under automobile or homeowners' insurance plans; (ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (xi) Plans that provide only indemnity for hospital confinement; and (2) "Hearing aid" means an instrument or device, including repair and replacement parts, that: (A) Is designed and offered for the purpose of aiding persons with or compensating for impaired hearing; (B) Is worn in or on the body; and (C) Is generally not useful to a person in the absence of a hearing impairment. Acts 2009, No. 1179, § 1.

As used in this subchapter:

(1) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued or delivered by a healthcare insurer in this state. (B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009. (C) "Health benefit plan" does not include: (i) Accidental injury insurance plans; (ii) Dental insurance plans; (iii) Vision insurance plans; (iv) Specified disease insurance plans; (v) Disability income plans; (vi) Credit insurance plans; (vii) Insurance coverage issued as a supplement to liability insurance; (viii) Medical payments under automobile or homeowners' insurance plans; (ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (xi) Plans that provide only indemnity for hospital confinement; and

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

(B) "Health benefit plan" includes: (i) Indemnity and managed care plans; and (ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009.

(i) Indemnity and managed care plans; and

(ii) Governmental plans as defined in 29 U.S.C. § 1002(32) , as it existed on January 1, 2009.

(C) "Health benefit plan" does not include: (i) Accidental injury insurance plans; (ii) Dental insurance plans; (iii) Vision insurance plans; (iv) Specified disease insurance plans; (v) Disability income plans; (vi) Credit insurance plans; (vii) Insurance coverage issued as a supplement to liability insurance; (viii) Medical payments under automobile or homeowners' insurance plans; (ix) Health benefit plans provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and (xi) Plans that provide only indemnity for hospital confinement; and

(i) Accidental injury insurance plans;

(ii) Dental insurance plans;

(iii) Vision insurance plans;

(iv) Specified disease insurance plans;

(v) Disability income plans;

(vi) Credit insurance plans;

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

(viii) Medical payments under automobile or homeowners' insurance plans;

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

(x) Insurance under which benefits are payable with or without regard to fault and the benefits that are statutorily required to be contained in any liability policy or equivalent self-insurance; and

(xi) Plans that provide only indemnity for hospital confinement; and

(2) "Hearing aid" means an instrument or device, including repair and replacement parts, that: (A) Is designed and offered for the purpose of aiding persons with or compensating for impaired hearing; (B) Is worn in or on the body; and (C) Is generally not useful to a person in the absence of a hearing impairment.

(A) Is designed and offered for the purpose of aiding persons with or compensating for impaired hearing;

(B) Is worn in or on the body; and

(C) Is generally not useful to a person in the absence of a hearing impairment.

Acts 2009, No. 1179, § 1.
Ark. Code Ann. § 23-63-842 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-842
Asset-backed securities - Definitions
Status: in_force

(a) As used in this section: (1) (A) "Asset-backed security" means any security or other instrument representing or evidencing an interest in, a loan to, a participation in a loan to, or any other right to receive payments from a borrower included in a pool of obligations held by an issuer that has a primary business activity of the acquisition and holding of financial assets, directly or through a trustee, for the benefit of the issuer. (B) "Asset-backed security" does not include an investment authorized by any other provision of this subchapter; and (2) "Financial asset" means a single asset or a pool of assets consisting of interest-bearing obligations or other contractual obligations representing or constituting the right to receive payment from the asset or pool of assets. (b) (1) An insurer may invest in asset-backed securities if the investment in any one (1) issue of asset-backed securities does not exceed two percent (2%) of the admitted assets of the investing insurance company as shown by the insurer's last annual statement or a recent quarterly financial statement filed with the Insurance Commissioner. (2) Each issue secured by a unique pool of assets shall constitute a single issue regardless of any other obligations or securities issued by the same or any affiliated issuer. (c) Investments in asset-backed securities under subsection (b) of this section shall not exceed twenty percent (20%) of the insurer's admitted assets. Added by Act 2015, No. 1223,§ 19, eff. 7/22/2015.

(a) As used in this section: (1) (A) "Asset-backed security" means any security or other instrument representing or evidencing an interest in, a loan to, a participation in a loan to, or any other right to receive payments from a borrower included in a pool of obligations held by an issuer that has a primary business activity of the acquisition and holding of financial assets, directly or through a trustee, for the benefit of the issuer. (B) "Asset-backed security" does not include an investment authorized by any other provision of this subchapter; and (2) "Financial asset" means a single asset or a pool of assets consisting of interest-bearing obligations or other contractual obligations representing or constituting the right to receive payment from the asset or pool of assets.

(1) (A) "Asset-backed security" means any security or other instrument representing or evidencing an interest in, a loan to, a participation in a loan to, or any other right to receive payments from a borrower included in a pool of obligations held by an issuer that has a primary business activity of the acquisition and holding of financial assets, directly or through a trustee, for the benefit of the issuer. (B) "Asset-backed security" does not include an investment authorized by any other provision of this subchapter; and

(A) "Asset-backed security" means any security or other instrument representing or evidencing an interest in, a loan to, a participation in a loan to, or any other right to receive payments from a borrower included in a pool of obligations held by an issuer that has a primary business activity of the acquisition and holding of financial assets, directly or through a trustee, for the benefit of the issuer.

(B) "Asset-backed security" does not include an investment authorized by any other provision of this subchapter; and

(2) "Financial asset" means a single asset or a pool of assets consisting of interest-bearing obligations or other contractual obligations representing or constituting the right to receive payment from the asset or pool of assets.

(b) (1) An insurer may invest in asset-backed securities if the investment in any one (1) issue of asset-backed securities does not exceed two percent (2%) of the admitted assets of the investing insurance company as shown by the insurer's last annual statement or a recent quarterly financial statement filed with the Insurance Commissioner. (2) Each issue secured by a unique pool of assets shall constitute a single issue regardless of any other obligations or securities issued by the same or any affiliated issuer.

(1) An insurer may invest in asset-backed securities if the investment in any one (1) issue of asset-backed securities does not exceed two percent (2%) of the admitted assets of the investing insurance company as shown by the insurer's last annual statement or a recent quarterly financial statement filed with the Insurance Commissioner.

(2) Each issue secured by a unique pool of assets shall constitute a single issue regardless of any other obligations or securities issued by the same or any affiliated issuer.

(c) Investments in asset-backed securities under subsection (b) of this section shall not exceed twenty percent (20%) of the insurer's admitted assets.

Added by Act 2015, No. 1223,§ 19, eff. 7/22/2015.
Ark. Code Ann. § 23-65-304 — AR Code / Title 23 / Chapter 65 / Subchapter 3 / Section 23-65-304
Definitions
Status: in_force

As used in this subchapter: (1) "Affiliated group" means a group of entities in which each entity, with respect to an insured, controls, is controlled by, or is under common control with the insured; (2) "Alien insurer" means an insurance company incorporated or formed under the laws of a country other than the United States; (3) "Authorized insurer" means an insurance company qualified and licensed to transact business under Arkansas Code Title 23, Subtitle 3; (4) "Control" means: (A) To own, control, or have the power of an entity directly, indirectly, or acting through one (1) or more other persons to vote twenty-five percent (25%) or more of any class of voting securities of another entity; or (B) To direct by an entity, in any manner, the election of a majority of the directors or trustees of another entity; (5) (A) "Exempt commercial purchaser" means a person purchasing commercial insurance that, at the time of placement, meets the following requirements: (i) (a) The person employs or retains a qualified risk manager to negotiate insurance coverage. (b) A qualified risk manager with respect to a policyholder of commercial insurance means a person who meets the definition of qualified risk manager in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203; (ii) The person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of one hundred thousand dollars ($100,000) in the immediately preceding twelve (12) months; and (iii) The person meets at least one (1) of the following criteria: (a) The person possesses a net worth in excess of twenty million dollars ($20,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (b) The person generates annual revenue in excess of fifty million dollars ($50,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (c) The person employs more than five hundred (500) full-time or full-time-equivalent employees per individual insured or is a member of an affiliated group employing more than one thousand (1,000) employees in the aggregate; (d) The person is a not-for-profit organization or public entity generating annual budgeted expenditures of at least thirty million dollars ($30,000,000), as the amount is adjusted under subdivision (5)(B) of this section; or (e) The person is a municipal corporation with a population in excess of fifty thousand (50,000) inhabitants. (B) Beginning on January 1, 2015, and one (1) time every five (5) years thereafter, the Insurance Commissioner shall by rule adjust the amounts in subdivisions (5)(A)(iii) (a) and (b) and (5)(A)(iii )(d) of this section to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics for the five-year period immediately preceding January 1 of the year of adjustment; (6) (A) "Home state" means, except as provided in subdivision (6)(B) of this section, with respect to an insured: (i) (a) The state in which an insured maintains its principal place of business or the state that is an individual's principal residence. (b) As used in subdivision (6)(A)(i) (a) of this section, "principal place of business" means the state in which the insured maintains its headquarters and where the insured's high-level officers direct, control, and coordinate the business activities of the insured; or (ii) If one hundred percent (100%) of the insured risk is located out of state as referred to in subdivision (6)(A)(i) of this section, the state to which the greatest percentage of the insured's taxable premium for the insurance contract is allocated. (B) If more than one (1) insured from an affiliated group are named insureds on a single nonadmitted insurance contract, "home state" means the home state of the member of the affiliated group that has the largest percentage of premium attributed to it under the insurance contract as determined under subdivision (6)(A) of this section; (7) "Nonadmitted insurance" or "surplus lines insurance" means property and casualty insurance policies permitted to be placed directly or through a surplus lines broker with a nonadmitted insurer eligible to accept the insurance; (8) "Premium tax" means, with respect to surplus lines or independently procured insurance coverage, any tax, fee, assessment, or other charge imposed by a government entity directly or indirectly based on any payment made as consideration for an insurance contract for the insurance, including premium deposits, assessments, registration fees, and any other compensation given in consideration for a contract of insurance; (9) "Qualified risk manager" means, with respect to a policyholder of commercial insurance, a person who meets the definition in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203, and the following requirements: (A) The person is an employee of or third-party consultant retained by the commercial policyholder; (B) The person provides skilled services in loss prevention, loss reduction, risk and insurance coverage analysis, or purchase of insurance; and (C) The person has: (i) A bachelor's degree or higher from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management; (ii) Three (3) years of experience in: (a) Risk financing; (b) Claims administration; (c) Loss prevention; (d) Risk and insurance analysis; or (e) Purchasing commercial lines of insurance; (iii) A designation as: (a) A Chartered Property Casualty Underwriter issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (b) An Associate in Risk Management issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (c) A Certified Risk Manager issued by the National Alliance for Insurance Education & Research; (d) A RIMS Fellow issued by the Global Risk Management Institute; or (e) Any other designation, certification, or license determined by the Insurance Commissioner to demonstrate minimum competency in risk management; (iv) At least seven (7) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance and any one (1) of the designations specified in subdivision (9)(C)(iii) of this section; (v) At least ten (10) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or (vi) A graduate degree from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management; (10) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa; (11) "Surplus lines broker" means an individual, firm, or corporation that is licensed in a state to sell, solicit, or negotiate insurance when this state is the home state of the insured; (12) "Surplus lines insurer" means an unauthorized company in which nonadmitted insurance coverage may be placed; and (13) "Unauthorized insurer" means an insurance company that is not licensed to engage in the business of insurance in this state. Acts 1959, No. 148, § 189; A.S.A. 1947, § 66-2909; Acts 2011, No. 1055, § 2.

As used in this subchapter:

(1) "Affiliated group" means a group of entities in which each entity, with respect to an insured, controls, is controlled by, or is under common control with the insured;

(2) "Alien insurer" means an insurance company incorporated or formed under the laws of a country other than the United States;

(3) "Authorized insurer" means an insurance company qualified and licensed to transact business under Arkansas Code Title 23, Subtitle 3;

(4) "Control" means: (A) To own, control, or have the power of an entity directly, indirectly, or acting through one (1) or more other persons to vote twenty-five percent (25%) or more of any class of voting securities of another entity; or (B) To direct by an entity, in any manner, the election of a majority of the directors or trustees of another entity;

(A) To own, control, or have the power of an entity directly, indirectly, or acting through one (1) or more other persons to vote twenty-five percent (25%) or more of any class of voting securities of another entity; or

(B) To direct by an entity, in any manner, the election of a majority of the directors or trustees of another entity;

(5) (A) "Exempt commercial purchaser" means a person purchasing commercial insurance that, at the time of placement, meets the following requirements: (i) (a) The person employs or retains a qualified risk manager to negotiate insurance coverage. (b) A qualified risk manager with respect to a policyholder of commercial insurance means a person who meets the definition of qualified risk manager in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203; (ii) The person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of one hundred thousand dollars ($100,000) in the immediately preceding twelve (12) months; and (iii) The person meets at least one (1) of the following criteria: (a) The person possesses a net worth in excess of twenty million dollars ($20,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (b) The person generates annual revenue in excess of fifty million dollars ($50,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (c) The person employs more than five hundred (500) full-time or full-time-equivalent employees per individual insured or is a member of an affiliated group employing more than one thousand (1,000) employees in the aggregate; (d) The person is a not-for-profit organization or public entity generating annual budgeted expenditures of at least thirty million dollars ($30,000,000), as the amount is adjusted under subdivision (5)(B) of this section; or (e) The person is a municipal corporation with a population in excess of fifty thousand (50,000) inhabitants. (B) Beginning on January 1, 2015, and one (1) time every five (5) years thereafter, the Insurance Commissioner shall by rule adjust the amounts in subdivisions (5)(A)(iii) (a) and (b) and (5)(A)(iii )(d) of this section to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics for the five-year period immediately preceding January 1 of the year of adjustment;

(A) "Exempt commercial purchaser" means a person purchasing commercial insurance that, at the time of placement, meets the following requirements: (i) (a) The person employs or retains a qualified risk manager to negotiate insurance coverage. (b) A qualified risk manager with respect to a policyholder of commercial insurance means a person who meets the definition of qualified risk manager in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203; (ii) The person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of one hundred thousand dollars ($100,000) in the immediately preceding twelve (12) months; and (iii) The person meets at least one (1) of the following criteria: (a) The person possesses a net worth in excess of twenty million dollars ($20,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (b) The person generates annual revenue in excess of fifty million dollars ($50,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (c) The person employs more than five hundred (500) full-time or full-time-equivalent employees per individual insured or is a member of an affiliated group employing more than one thousand (1,000) employees in the aggregate; (d) The person is a not-for-profit organization or public entity generating annual budgeted expenditures of at least thirty million dollars ($30,000,000), as the amount is adjusted under subdivision (5)(B) of this section; or (e) The person is a municipal corporation with a population in excess of fifty thousand (50,000) inhabitants.

(i) (a) The person employs or retains a qualified risk manager to negotiate insurance coverage. (b) A qualified risk manager with respect to a policyholder of commercial insurance means a person who meets the definition of qualified risk manager in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203;

(a) The person employs or retains a qualified risk manager to negotiate insurance coverage.

(b) A qualified risk manager with respect to a policyholder of commercial insurance means a person who meets the definition of qualified risk manager in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203;

(ii) The person has paid aggregate nationwide commercial property and casualty insurance premiums in excess of one hundred thousand dollars ($100,000) in the immediately preceding twelve (12) months; and

(iii) The person meets at least one (1) of the following criteria: (a) The person possesses a net worth in excess of twenty million dollars ($20,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (b) The person generates annual revenue in excess of fifty million dollars ($50,000,000), as the amount is adjusted under subdivision (5)(B) of this section; (c) The person employs more than five hundred (500) full-time or full-time-equivalent employees per individual insured or is a member of an affiliated group employing more than one thousand (1,000) employees in the aggregate; (d) The person is a not-for-profit organization or public entity generating annual budgeted expenditures of at least thirty million dollars ($30,000,000), as the amount is adjusted under subdivision (5)(B) of this section; or (e) The person is a municipal corporation with a population in excess of fifty thousand (50,000) inhabitants.

(a) The person possesses a net worth in excess of twenty million dollars ($20,000,000), as the amount is adjusted under subdivision (5)(B) of this section;

(b) The person generates annual revenue in excess of fifty million dollars ($50,000,000), as the amount is adjusted under subdivision (5)(B) of this section;

(c) The person employs more than five hundred (500) full-time or full-time-equivalent employees per individual insured or is a member of an affiliated group employing more than one thousand (1,000) employees in the aggregate;

(d) The person is a not-for-profit organization or public entity generating annual budgeted expenditures of at least thirty million dollars ($30,000,000), as the amount is adjusted under subdivision (5)(B) of this section; or

(e) The person is a municipal corporation with a population in excess of fifty thousand (50,000) inhabitants.

(B) Beginning on January 1, 2015, and one (1) time every five (5) years thereafter, the Insurance Commissioner shall by rule adjust the amounts in subdivisions (5)(A)(iii) (a) and (b) and (5)(A)(iii )(d) of this section to reflect the percentage change in the Consumer Price Index for All Urban Consumers published by the United States Bureau of Labor Statistics for the five-year period immediately preceding January 1 of the year of adjustment;

(6) (A) "Home state" means, except as provided in subdivision (6)(B) of this section, with respect to an insured: (i) (a) The state in which an insured maintains its principal place of business or the state that is an individual's principal residence. (b) As used in subdivision (6)(A)(i) (a) of this section, "principal place of business" means the state in which the insured maintains its headquarters and where the insured's high-level officers direct, control, and coordinate the business activities of the insured; or (ii) If one hundred percent (100%) of the insured risk is located out of state as referred to in subdivision (6)(A)(i) of this section, the state to which the greatest percentage of the insured's taxable premium for the insurance contract is allocated. (B) If more than one (1) insured from an affiliated group are named insureds on a single nonadmitted insurance contract, "home state" means the home state of the member of the affiliated group that has the largest percentage of premium attributed to it under the insurance contract as determined under subdivision (6)(A) of this section;

(A) "Home state" means, except as provided in subdivision (6)(B) of this section, with respect to an insured: (i) (a) The state in which an insured maintains its principal place of business or the state that is an individual's principal residence. (b) As used in subdivision (6)(A)(i) (a) of this section, "principal place of business" means the state in which the insured maintains its headquarters and where the insured's high-level officers direct, control, and coordinate the business activities of the insured; or (ii) If one hundred percent (100%) of the insured risk is located out of state as referred to in subdivision (6)(A)(i) of this section, the state to which the greatest percentage of the insured's taxable premium for the insurance contract is allocated.

(i) (a) The state in which an insured maintains its principal place of business or the state that is an individual's principal residence. (b) As used in subdivision (6)(A)(i) (a) of this section, "principal place of business" means the state in which the insured maintains its headquarters and where the insured's high-level officers direct, control, and coordinate the business activities of the insured; or

(a) The state in which an insured maintains its principal place of business or the state that is an individual's principal residence.

(b) As used in subdivision (6)(A)(i) (a) of this section, "principal place of business" means the state in which the insured maintains its headquarters and where the insured's high-level officers direct, control, and coordinate the business activities of the insured; or

(ii) If one hundred percent (100%) of the insured risk is located out of state as referred to in subdivision (6)(A)(i) of this section, the state to which the greatest percentage of the insured's taxable premium for the insurance contract is allocated.

(B) If more than one (1) insured from an affiliated group are named insureds on a single nonadmitted insurance contract, "home state" means the home state of the member of the affiliated group that has the largest percentage of premium attributed to it under the insurance contract as determined under subdivision (6)(A) of this section;

(7) "Nonadmitted insurance" or "surplus lines insurance" means property and casualty insurance policies permitted to be placed directly or through a surplus lines broker with a nonadmitted insurer eligible to accept the insurance;

(8) "Premium tax" means, with respect to surplus lines or independently procured insurance coverage, any tax, fee, assessment, or other charge imposed by a government entity directly or indirectly based on any payment made as consideration for an insurance contract for the insurance, including premium deposits, assessments, registration fees, and any other compensation given in consideration for a contract of insurance;

(9) "Qualified risk manager" means, with respect to a policyholder of commercial insurance, a person who meets the definition in section 527 of the Nonadmitted and Reinsurance Reform Act of 2010, Pub. L. No. 111-203, and the following requirements: (A) The person is an employee of or third-party consultant retained by the commercial policyholder; (B) The person provides skilled services in loss prevention, loss reduction, risk and insurance coverage analysis, or purchase of insurance; and (C) The person has: (i) A bachelor's degree or higher from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management; (ii) Three (3) years of experience in: (a) Risk financing; (b) Claims administration; (c) Loss prevention; (d) Risk and insurance analysis; or (e) Purchasing commercial lines of insurance; (iii) A designation as: (a) A Chartered Property Casualty Underwriter issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (b) An Associate in Risk Management issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (c) A Certified Risk Manager issued by the National Alliance for Insurance Education & Research; (d) A RIMS Fellow issued by the Global Risk Management Institute; or (e) Any other designation, certification, or license determined by the Insurance Commissioner to demonstrate minimum competency in risk management; (iv) At least seven (7) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance and any one (1) of the designations specified in subdivision (9)(C)(iii) of this section; (v) At least ten (10) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or (vi) A graduate degree from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management;

(A) The person is an employee of or third-party consultant retained by the commercial policyholder;

(B) The person provides skilled services in loss prevention, loss reduction, risk and insurance coverage analysis, or purchase of insurance; and

(C) The person has: (i) A bachelor's degree or higher from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management; (ii) Three (3) years of experience in: (a) Risk financing; (b) Claims administration; (c) Loss prevention; (d) Risk and insurance analysis; or (e) Purchasing commercial lines of insurance; (iii) A designation as: (a) A Chartered Property Casualty Underwriter issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (b) An Associate in Risk Management issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (c) A Certified Risk Manager issued by the National Alliance for Insurance Education & Research; (d) A RIMS Fellow issued by the Global Risk Management Institute; or (e) Any other designation, certification, or license determined by the Insurance Commissioner to demonstrate minimum competency in risk management; (iv) At least seven (7) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance and any one (1) of the designations specified in subdivision (9)(C)(iii) of this section; (v) At least ten (10) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or (vi) A graduate degree from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management;

(i) A bachelor's degree or higher from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management;

(a) Risk management;

(b) Business administration;

(c) Finance;

(d) Economics; or

(e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management;

(ii) Three (3) years of experience in: (a) Risk financing; (b) Claims administration; (c) Loss prevention; (d) Risk and insurance analysis; or (e) Purchasing commercial lines of insurance;

(a) Risk financing;

(b) Claims administration;

(c) Loss prevention;

(d) Risk and insurance analysis; or

(e) Purchasing commercial lines of insurance;

(iii) A designation as: (a) A Chartered Property Casualty Underwriter issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (b) An Associate in Risk Management issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America; (c) A Certified Risk Manager issued by the National Alliance for Insurance Education & Research; (d) A RIMS Fellow issued by the Global Risk Management Institute; or (e) Any other designation, certification, or license determined by the Insurance Commissioner to demonstrate minimum competency in risk management;

(a) A Chartered Property Casualty Underwriter issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America;

(b) An Associate in Risk Management issued by the American Institute for Chartered Property Casualty Underwriters of the Insurance Institute of America;

(c) A Certified Risk Manager issued by the National Alliance for Insurance Education & Research;

(d) A RIMS Fellow issued by the Global Risk Management Institute; or

(e) Any other designation, certification, or license determined by the Insurance Commissioner to demonstrate minimum competency in risk management;

(iv) At least seven (7) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance and any one (1) of the designations specified in subdivision (9)(C)(iii) of this section;

(v) At least ten (10) years of experience in risk financing, claims administration, loss prevention, risk and insurance coverage analysis, or purchasing commercial lines of insurance; or

(vi) A graduate degree from an accredited college or university in: (a) Risk management; (b) Business administration; (c) Finance; (d) Economics; or (e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management;

(a) Risk management;

(b) Business administration;

(c) Finance;

(d) Economics; or

(e) Any other field determined by a state insurance commissioner or other state regulatory official or entity to demonstrate minimum competence in risk management;

(10) "State" includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa;

(11) "Surplus lines broker" means an individual, firm, or corporation that is licensed in a state to sell, solicit, or negotiate insurance when this state is the home state of the insured;

(12) "Surplus lines insurer" means an unauthorized company in which nonadmitted insurance coverage may be placed; and

(13) "Unauthorized insurer" means an insurance company that is not licensed to engage in the business of insurance in this state.

Acts 1959, No. 148, § 189; A.S.A. 1947, § 66-2909; Acts 2011, No. 1055, § 2.