Ark. Code Ann. § 23-79-506 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-506
Powers
Status: in_force

(a) (1) The Arkansas Comprehensive Health Insurance Pool shall have the general powers and authority granted under the laws of the State of Arkansas to health insurers and, in addition thereto, the specific authority to: (A) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this subchapter; (B) Sue or be sued, including taking any legal actions necessary or proper; (C) Take such legal action as necessary, including without limitation: (i) Avoiding the payment of improper claims against the pool or the coverage provided by or through the pool; (ii) Recovering any amounts erroneously or improperly paid by the pool; (iii) Recovering any amounts paid by the pool as a result of mistake of fact or law; (iv) Recovering other amounts due the pool; or (v) Coordinating legal action with the Insurance Commissioner to enforce the provisions of this subchapter; (D) (i) Establish and modify from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas, deductibles, copayments, coinsurance, and any other actuarial function appropriate to the operation of the pool. (ii) Rates and rate schedules may be adjusted for appropriate factors such as age, sex, and geographical variation in claim costs and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices; (E) Issue policies of insurance in accordance with the requirements of this subchapter. All policy forms shall be subject to the approval of the commissioner; (F) Authorize the plan administrator to prepare and distribute certificate of eligibility forms and enrollment instruction forms to agents and to the general public; (G) Provide and employ cost-containment measures and requirements, including without limitation preadmission screening, second surgical opinion, concurrent utilization review, and individual case management for the purposes of making the plan more cost effective; (H) Design, utilize, contract, or otherwise arrange the delivery of cost-effective healthcare services, including establishing or contracting directly or through the plan administrator with preferred provider organizations, health maintenance organizations, physician hospital organizations, or other limited network provider arrangements; (I) Borrow money to effect the purposes of the pool. Any notes or other evidence of indebtedness of the pool not in default shall be legal investments for insurers and may be carried as admitted assets; (J) Pledge, assign, and grant a security interest in any of the assessments authorized by this subchapter or other assets of the pool in order to secure any notes or other evidences of indebtedness of the pool; (K) Provide reinsurance of risks incurred by the pool; (L) Provide additional types of plans to provide optional coverages, including Medicare supplement health insurance and health savings accounts that comply with applicable federal law as in effect January 1, 2005; (M) Enter into reciprocal agreements with other comparable state plans in order to provide coverage for persons who move between states and are covered by such other states' plans; and (N) Establish lifetime maximum benefits under § 23-79-510(a)(2)(W) for any person covered by a plan. (2) In addition to the other powers granted by the Arkansas Insurance Code, the commissioner may impose, after notice and hearing in accordance with the provisions of the Arkansas Insurance Code, a monetary penalty upon any insurer or suspend or revoke the certificate of authority to transact insurance in the State of Arkansas of any insurer that fails to pay an assessment or otherwise file any report or furnish information required to be filed with the Board of Directors of the Arkansas Comprehensive Health Insurance Pool pursuant to the board's direction that the board believes is necessary in order for the board to perform its duties under this subchapter. (b) All outstanding contracts executed by the Board of Directors of the State Comprehensive Health Insurance Pool created by Acts 1995, No. 1339, shall be deemed continuing obligations of the board created by this subchapter. (c) As provided for in § 23-79-502 , any health insurance benefit not provided for in this subchapter shall be deemed to be in conflict with and therefore inapplicable to the provisions of this subchapter. Acts 1997, No. 292, § 6; 1999, No. 1356, § 2; 2005, No. 2292, § 1; 2009, No. 726, § 40.

(a) (1) The Arkansas Comprehensive Health Insurance Pool shall have the general powers and authority granted under the laws of the State of Arkansas to health insurers and, in addition thereto, the specific authority to: (A) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this subchapter; (B) Sue or be sued, including taking any legal actions necessary or proper; (C) Take such legal action as necessary, including without limitation: (i) Avoiding the payment of improper claims against the pool or the coverage provided by or through the pool; (ii) Recovering any amounts erroneously or improperly paid by the pool; (iii) Recovering any amounts paid by the pool as a result of mistake of fact or law; (iv) Recovering other amounts due the pool; or (v) Coordinating legal action with the Insurance Commissioner to enforce the provisions of this subchapter; (D) (i) Establish and modify from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas, deductibles, copayments, coinsurance, and any other actuarial function appropriate to the operation of the pool. (ii) Rates and rate schedules may be adjusted for appropriate factors such as age, sex, and geographical variation in claim costs and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices; (E) Issue policies of insurance in accordance with the requirements of this subchapter. All policy forms shall be subject to the approval of the commissioner; (F) Authorize the plan administrator to prepare and distribute certificate of eligibility forms and enrollment instruction forms to agents and to the general public; (G) Provide and employ cost-containment measures and requirements, including without limitation preadmission screening, second surgical opinion, concurrent utilization review, and individual case management for the purposes of making the plan more cost effective; (H) Design, utilize, contract, or otherwise arrange the delivery of cost-effective healthcare services, including establishing or contracting directly or through the plan administrator with preferred provider organizations, health maintenance organizations, physician hospital organizations, or other limited network provider arrangements; (I) Borrow money to effect the purposes of the pool. Any notes or other evidence of indebtedness of the pool not in default shall be legal investments for insurers and may be carried as admitted assets; (J) Pledge, assign, and grant a security interest in any of the assessments authorized by this subchapter or other assets of the pool in order to secure any notes or other evidences of indebtedness of the pool; (K) Provide reinsurance of risks incurred by the pool; (L) Provide additional types of plans to provide optional coverages, including Medicare supplement health insurance and health savings accounts that comply with applicable federal law as in effect January 1, 2005; (M) Enter into reciprocal agreements with other comparable state plans in order to provide coverage for persons who move between states and are covered by such other states' plans; and (N) Establish lifetime maximum benefits under § 23-79-510(a)(2)(W) for any person covered by a plan. (2) In addition to the other powers granted by the Arkansas Insurance Code, the commissioner may impose, after notice and hearing in accordance with the provisions of the Arkansas Insurance Code, a monetary penalty upon any insurer or suspend or revoke the certificate of authority to transact insurance in the State of Arkansas of any insurer that fails to pay an assessment or otherwise file any report or furnish information required to be filed with the Board of Directors of the Arkansas Comprehensive Health Insurance Pool pursuant to the board's direction that the board believes is necessary in order for the board to perform its duties under this subchapter.

(1) The Arkansas Comprehensive Health Insurance Pool shall have the general powers and authority granted under the laws of the State of Arkansas to health insurers and, in addition thereto, the specific authority to: (A) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this subchapter; (B) Sue or be sued, including taking any legal actions necessary or proper; (C) Take such legal action as necessary, including without limitation: (i) Avoiding the payment of improper claims against the pool or the coverage provided by or through the pool; (ii) Recovering any amounts erroneously or improperly paid by the pool; (iii) Recovering any amounts paid by the pool as a result of mistake of fact or law; (iv) Recovering other amounts due the pool; or (v) Coordinating legal action with the Insurance Commissioner to enforce the provisions of this subchapter; (D) (i) Establish and modify from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas, deductibles, copayments, coinsurance, and any other actuarial function appropriate to the operation of the pool. (ii) Rates and rate schedules may be adjusted for appropriate factors such as age, sex, and geographical variation in claim costs and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices; (E) Issue policies of insurance in accordance with the requirements of this subchapter. All policy forms shall be subject to the approval of the commissioner; (F) Authorize the plan administrator to prepare and distribute certificate of eligibility forms and enrollment instruction forms to agents and to the general public; (G) Provide and employ cost-containment measures and requirements, including without limitation preadmission screening, second surgical opinion, concurrent utilization review, and individual case management for the purposes of making the plan more cost effective; (H) Design, utilize, contract, or otherwise arrange the delivery of cost-effective healthcare services, including establishing or contracting directly or through the plan administrator with preferred provider organizations, health maintenance organizations, physician hospital organizations, or other limited network provider arrangements; (I) Borrow money to effect the purposes of the pool. Any notes or other evidence of indebtedness of the pool not in default shall be legal investments for insurers and may be carried as admitted assets; (J) Pledge, assign, and grant a security interest in any of the assessments authorized by this subchapter or other assets of the pool in order to secure any notes or other evidences of indebtedness of the pool; (K) Provide reinsurance of risks incurred by the pool; (L) Provide additional types of plans to provide optional coverages, including Medicare supplement health insurance and health savings accounts that comply with applicable federal law as in effect January 1, 2005; (M) Enter into reciprocal agreements with other comparable state plans in order to provide coverage for persons who move between states and are covered by such other states' plans; and (N) Establish lifetime maximum benefits under § 23-79-510(a)(2)(W) for any person covered by a plan.

(A) Enter into contracts as are necessary or proper to carry out the provisions and purposes of this subchapter;

(B) Sue or be sued, including taking any legal actions necessary or proper;

(C) Take such legal action as necessary, including without limitation: (i) Avoiding the payment of improper claims against the pool or the coverage provided by or through the pool; (ii) Recovering any amounts erroneously or improperly paid by the pool; (iii) Recovering any amounts paid by the pool as a result of mistake of fact or law; (iv) Recovering other amounts due the pool; or (v) Coordinating legal action with the Insurance Commissioner to enforce the provisions of this subchapter;

(i) Avoiding the payment of improper claims against the pool or the coverage provided by or through the pool;

(ii) Recovering any amounts erroneously or improperly paid by the pool;

(iii) Recovering any amounts paid by the pool as a result of mistake of fact or law;

(iv) Recovering other amounts due the pool; or

(v) Coordinating legal action with the Insurance Commissioner to enforce the provisions of this subchapter;

(D) (i) Establish and modify from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas, deductibles, copayments, coinsurance, and any other actuarial function appropriate to the operation of the pool. (ii) Rates and rate schedules may be adjusted for appropriate factors such as age, sex, and geographical variation in claim costs and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices;

(i) Establish and modify from time to time as appropriate, rates, rate schedules, rate adjustments, expense allowances, agent referral fees, claim reserve formulas, deductibles, copayments, coinsurance, and any other actuarial function appropriate to the operation of the pool.

(ii) Rates and rate schedules may be adjusted for appropriate factors such as age, sex, and geographical variation in claim costs and shall take into consideration appropriate factors in accordance with established actuarial and underwriting practices;

(E) Issue policies of insurance in accordance with the requirements of this subchapter. All policy forms shall be subject to the approval of the commissioner;

(F) Authorize the plan administrator to prepare and distribute certificate of eligibility forms and enrollment instruction forms to agents and to the general public;

(G) Provide and employ cost-containment measures and requirements, including without limitation preadmission screening, second surgical opinion, concurrent utilization review, and individual case management for the purposes of making the plan more cost effective;

(H) Design, utilize, contract, or otherwise arrange the delivery of cost-effective healthcare services, including establishing or contracting directly or through the plan administrator with preferred provider organizations, health maintenance organizations, physician hospital organizations, or other limited network provider arrangements;

(I) Borrow money to effect the purposes of the pool. Any notes or other evidence of indebtedness of the pool not in default shall be legal investments for insurers and may be carried as admitted assets;

(J) Pledge, assign, and grant a security interest in any of the assessments authorized by this subchapter or other assets of the pool in order to secure any notes or other evidences of indebtedness of the pool;

(K) Provide reinsurance of risks incurred by the pool;

(L) Provide additional types of plans to provide optional coverages, including Medicare supplement health insurance and health savings accounts that comply with applicable federal law as in effect January 1, 2005;

(M) Enter into reciprocal agreements with other comparable state plans in order to provide coverage for persons who move between states and are covered by such other states' plans; and

(N) Establish lifetime maximum benefits under § 23-79-510(a)(2)(W) for any person covered by a plan.

(2) In addition to the other powers granted by the Arkansas Insurance Code, the commissioner may impose, after notice and hearing in accordance with the provisions of the Arkansas Insurance Code, a monetary penalty upon any insurer or suspend or revoke the certificate of authority to transact insurance in the State of Arkansas of any insurer that fails to pay an assessment or otherwise file any report or furnish information required to be filed with the Board of Directors of the Arkansas Comprehensive Health Insurance Pool pursuant to the board's direction that the board believes is necessary in order for the board to perform its duties under this subchapter.

(b) All outstanding contracts executed by the Board of Directors of the State Comprehensive Health Insurance Pool created by Acts 1995, No. 1339, shall be deemed continuing obligations of the board created by this subchapter.

(c) As provided for in § 23-79-502 , any health insurance benefit not provided for in this subchapter shall be deemed to be in conflict with and therefore inapplicable to the provisions of this subchapter.

Acts 1997, No. 292, § 6; 1999, No. 1356, § 2; 2005, No. 2292, § 1; 2009, No. 726, § 40.
Ark. Code Ann. § 23-48-809 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-809
Approval for expanded powers of state banks
Status: in_force

At such time as national banks having their main offices in this state are permitted to establish and use customer-bank communication terminals in places or for transactions not permitted under this subchapter, all state banks shall have the powers permitted national banks with respect to the establishment and use of customer-bank communication terminals, provided that the Bank Commissioner authorizes such use. Acts 1997, No. 89, § 1.

At such time as national banks having their main offices in this state are permitted to establish and use customer-bank communication terminals in places or for transactions not permitted under this subchapter, all state banks shall have the powers permitted national banks with respect to the establishment and use of customer-bank communication terminals, provided that the Bank Commissioner authorizes such use.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-99-608 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-608
Applicability of subchapter
Status: in_force

This subchapter applies to health plans issued, renewed, extended, or modified by a health carrier on or after July 30, 1999. "Renewed, extended, or modified" shall include a change in premium or other financial term. Acts 1999, No. 1232, § 8.

This subchapter applies to health plans issued, renewed, extended, or modified by a health carrier on or after July 30, 1999. "Renewed, extended, or modified" shall include a change in premium or other financial term.

Acts 1999, No. 1232, § 8.
Ark. Code Ann. § 23-17-212 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-212
Certificate of incorporation
Status: in_force

(a) Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the cooperative shall begin. (b) The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions required to be performed by the incorporators have been complied with and that the cooperative has been incorporated under this subchapter. Acts 1951, No. 51, § 10; A.S.A. 1947, § 77-1610.

(a) Upon the issuance of a certificate of incorporation by the Secretary of State, the corporate existence of the cooperative shall begin.

(b) The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions required to be performed by the incorporators have been complied with and that the cooperative has been incorporated under this subchapter.

Acts 1951, No. 51, § 10; A.S.A. 1947, § 77-1610.
Ark. Code Ann. § 23-64-307 — AR Code / Title 23 / Chapter 64 / Subchapter 3 / Section 23-64-307
Insurance Continuing Education Trust Fund
Status: in_force

(a) All funds received pursuant to the provisions of this subchapter shall be transmitted by the Insurance Commissioner to the Treasurer of State to the credit of an account or fund to be entitled the "Insurance Continuing Education Trust Fund", which is hereby established. (b) All expenditures disbursed pursuant to this subchapter shall be paid from funds appropriated from the Insurance Continuing Education Trust Fund by the General Assembly. Acts 1989, No. 445, § 1; 1997, No. 1004, § 1.

(a) All funds received pursuant to the provisions of this subchapter shall be transmitted by the Insurance Commissioner to the Treasurer of State to the credit of an account or fund to be entitled the "Insurance Continuing Education Trust Fund", which is hereby established.

(b) All expenditures disbursed pursuant to this subchapter shall be paid from funds appropriated from the Insurance Continuing Education Trust Fund by the General Assembly.

Acts 1989, No. 445, § 1; 1997, No. 1004, § 1.
Ark. Code Ann. § 23-12-607 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-607
Petitions for establishment, discontinuance, modification, etc., of service - Authority of department
Status: in_force

The Arkansas Department of Transportation is authorized, empowered, and required to hear and consider all petitions filed with it for establishment, discontinuance, enlargement, dualization, or modification of railroad train service, spurs, sidetracks, and platforms. Amended by Act 2017, No. 707,§ 177, eff. 8/1/2017. Acts 1907, No. 149, § 1, p. 356; 1907, No. 338, § 1, p. 821; C. & M. Dig., § 1638; Pope's Dig., § 1959; Acts 1961, No. 203, § 1; A.S.A. 1947, § 73-809.

The Arkansas Department of Transportation is authorized, empowered, and required to hear and consider all petitions filed with it for establishment, discontinuance, enlargement, dualization, or modification of railroad train service, spurs, sidetracks, and platforms.

Amended by Act 2017, No. 707,§ 177, eff. 8/1/2017.

Acts 1907, No. 149, § 1, p. 356; 1907, No. 338, § 1, p. 821; C. & M. Dig., § 1638; Pope's Dig., § 1959; Acts 1961, No. 203, § 1; A.S.A. 1947, § 73-809.
Ark. Code Ann. § 23-90-104 — AR Code / Title 23 / Chapter 90 / Section 23-90-104
Applicability - Exceptions
Status: in_force

This chapter shall apply to all kinds of direct insurance written by insurers licensed to transact insurance in this state but shall not be applicable to the following: (1) Life, annuity, health, or accident and health insurance; (2) Mortgage guaranty, financial guaranty, or other form of insurance offering protection against investment risks; (3) Bail bonds or appearance bonds as defined in or otherwise referenced in § 17-19-101 et seq.; (4) Credit insurance; (5) Insurance of warranties or service contracts; (6) Title insurance; (7) Ocean marine insurance; and (8) Any transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk. Acts 1977, No. 871, § 3; A.S.A. 1947, § 66-5503; Acts 1987, No. 738, § 1; 1989, No. 417, § 3; 2001, No. 1603, § 43.

This chapter shall apply to all kinds of direct insurance written by insurers licensed to transact insurance in this state but shall not be applicable to the following:

(1) Life, annuity, health, or accident and health insurance;

(2) Mortgage guaranty, financial guaranty, or other form of insurance offering protection against investment risks;

(3) Bail bonds or appearance bonds as defined in or otherwise referenced in § 17-19-101 et seq.;

(4) Credit insurance;

(5) Insurance of warranties or service contracts;

(6) Title insurance;

(7) Ocean marine insurance; and

(8) Any transaction or combination of transactions between a person, including affiliates of the person, and an insurer, including affiliates of the insurer, which involves the transfer of investment or credit risk unaccompanied by transfer of insurance risk.

Acts 1977, No. 871, § 3; A.S.A. 1947, § 66-5503; Acts 1987, No. 738, § 1; 1989, No. 417, § 3; 2001, No. 1603, § 43.
Ark. Code Ann. § 23-85-102 — AR Code / Title 23 / Chapter 85 / Section 23-85-102
Scope
Status: in_force

This chapter governs accident and health insurance policies issued to individuals and members of their families. Nothing in this section and §§ 23-85-101 , 23-85-103 - 23-85-134 , 23-85-136 , and 23-85-137 shall apply to or affect: (1) Any policy of liability or workers' compensation insurance with or without supplementary expense coverage therein; (2) Any group or blanket policy; (3) Life insurance, endowment, or annuity contracts, or contracts supplemental thereto, that contain only such provisions relating to accident and health insurance as: (A) Provide additional benefits in case of death, dismemberment, or loss of sight by accident; or (B) Operate to safeguard the contracts against lapse or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract; and (4) Reinsurance. Acts 1959, No. 148, § 386; A.S.A. 1947, § 66-3601; Acts 2001, No. 909, § 3.

This chapter governs accident and health insurance policies issued to individuals and members of their families. Nothing in this section and §§ 23-85-101 , 23-85-103 - 23-85-134 , 23-85-136 , and 23-85-137 shall apply to or affect:

(1) Any policy of liability or workers' compensation insurance with or without supplementary expense coverage therein;

(2) Any group or blanket policy;

(3) Life insurance, endowment, or annuity contracts, or contracts supplemental thereto, that contain only such provisions relating to accident and health insurance as: (A) Provide additional benefits in case of death, dismemberment, or loss of sight by accident; or (B) Operate to safeguard the contracts against lapse or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract; and

(A) Provide additional benefits in case of death, dismemberment, or loss of sight by accident; or

(B) Operate to safeguard the contracts against lapse or to give a special surrender value or special benefit or an annuity in the event that the insured or annuitant becomes totally and permanently disabled, as defined by the contract or supplemental contract; and

(4) Reinsurance.

Acts 1959, No. 148, § 386; A.S.A. 1947, § 66-3601; Acts 2001, No. 909, § 3.
Ark. Code Ann. § 23-39-403 — AR Code / Title 23 / Chapter 39 / Subchapter 4 / Section 23-39-403
Liability of loan broker's principal
Status: in_force

A principal of a loan broker shall be liable under this subchapter to the same extent as the loan broker himself or herself for any actions on behalf of the loan broker, or the loan broker's agents or employees, which violate this subchapter. Acts 1993, No. 140, § 3.

A principal of a loan broker shall be liable under this subchapter to the same extent as the loan broker himself or herself for any actions on behalf of the loan broker, or the loan broker's agents or employees, which violate this subchapter.

Acts 1993, No. 140, § 3.
Ark. Code Ann. § 23-69-102 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-102
Definitions
Status: in_force

As used in §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , unless the context otherwise requires: (1) A "stock" insurer is an incorporated insurer with capital divided into shares and owned by its stockholders; and (2) A "mutual" insurer is an incorporated insurer without permanent capital stock and the governing body of which is elected as provided in §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 . Acts 1959, No. 148, §§ 454, 455; A.S.A. 1947, §§ 66-4202, 66-4203.

As used in §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 , unless the context otherwise requires:

(1) A "stock" insurer is an incorporated insurer with capital divided into shares and owned by its stockholders; and

(2) A "mutual" insurer is an incorporated insurer without permanent capital stock and the governing body of which is elected as provided in §§ 23-69-101 - 23-69-103 , 23-69-105 - 23-69-141 , 23-69-143 , and 23-69-149 - 23-69-156 .

Acts 1959, No. 148, §§ 454, 455; A.S.A. 1947, §§ 66-4202, 66-4203.
Ark. Code Ann. § 23-69-126 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-126
Participating policies
Status: in_force

(a) A domestic stock or domestic mutual insurer may issue any or all of its policies with or without participation in profits, savings, or unabsorbed portions of premiums, may classify policies issued on a participating and nonparticipating basis, and may determine the right to participate and the extent of participation of any class or classes of policies. Any classification or determination shall be reasonable and shall not unfairly discriminate as between policyholders within the same classifications. (b) No dividend, otherwise earned, shall be made contingent upon the payment of renewal premium on any policy. This subsection shall not apply as to life policy dividends payable for a dividend year in advance, contingent upon payment of the premium for the year. Acts 1959, No. 148, § 479; A.S.A. 1947, § 66-4227.

(a) A domestic stock or domestic mutual insurer may issue any or all of its policies with or without participation in profits, savings, or unabsorbed portions of premiums, may classify policies issued on a participating and nonparticipating basis, and may determine the right to participate and the extent of participation of any class or classes of policies. Any classification or determination shall be reasonable and shall not unfairly discriminate as between policyholders within the same classifications.

(b) No dividend, otherwise earned, shall be made contingent upon the payment of renewal premium on any policy. This subsection shall not apply as to life policy dividends payable for a dividend year in advance, contingent upon payment of the premium for the year.

Acts 1959, No. 148, § 479; A.S.A. 1947, § 66-4227.
Ark. Code Ann. § 23-63-505 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-505
Subsidiaries of insurer
Status: in_force

(a) Authorization. Any domestic insurer, subject to this subchapter, either by itself or in cooperation with one (1) or more persons, may organize or acquire one (1) or more subsidiaries. (b) Qualification of Investment - When Determined. Whether any investment pursuant to subsection (a) of this section meets the applicable requirements thereof is to be determined immediately after the investment is made, taking into account the then-outstanding principal balance on all previous investments in debt obligations and the value of all previous investments in equity securities as of the date they were made. (c) Cessation of Control. If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to this section within three (3) years from the time of the cessation of control or within such further time as the Insurance Commissioner may prescribe unless, at any time after the investment shall have been made, the investment shall have met the requirements for investment under any other section of this subchapter and the insurer has notified the commissioner thereof. Acts 1971, No. 288, § 4; A.S.A. 1947, § 66-5004.

(a) Authorization. Any domestic insurer, subject to this subchapter, either by itself or in cooperation with one (1) or more persons, may organize or acquire one (1) or more subsidiaries.

(b) Qualification of Investment - When Determined. Whether any investment pursuant to subsection (a) of this section meets the applicable requirements thereof is to be determined immediately after the investment is made, taking into account the then-outstanding principal balance on all previous investments in debt obligations and the value of all previous investments in equity securities as of the date they were made.

(c) Cessation of Control. If an insurer ceases to control a subsidiary, it shall dispose of any investment therein made pursuant to this section within three (3) years from the time of the cessation of control or within such further time as the Insurance Commissioner may prescribe unless, at any time after the investment shall have been made, the investment shall have met the requirements for investment under any other section of this subchapter and the insurer has notified the commissioner thereof.

Acts 1971, No. 288, § 4; A.S.A. 1947, § 66-5004.
Ark. Code Ann. § 23-36-114 — AR Code / Title 23 / Chapter 36 / Section 23-36-114
Deposit of funds
Status: in_force

No industrial loan institution shall deposit any of its funds in any banking corporation unless the corporation has been designated as a depository by vote of a majority of directors, or of the executive committee, exclusive of any director who is an officer, director, or trustee of the depository so designated, present at any duly called meeting at which a quorum is in attendance. Acts 1941, No. 111, § 7; A.S.A. 1947, § 67-1007.

No industrial loan institution shall deposit any of its funds in any banking corporation unless the corporation has been designated as a depository by vote of a majority of directors, or of the executive committee, exclusive of any director who is an officer, director, or trustee of the depository so designated, present at any duly called meeting at which a quorum is in attendance.

Acts 1941, No. 111, § 7; A.S.A. 1947, § 67-1007.
Ark. Code Ann. § 23-85-113 — AR Code / Title 23 / Chapter 85 / Section 23-85-113
Time of payment of claims provision
Status: in_force

There shall be a provision as follows: "Time of Payment of Claims: Indemnities payable under this policy for any loss, other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ............... (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof." Acts 1959, No. 148, § 396; A.S.A. 1947, § 66-3611.

There shall be a provision as follows:

"Time of Payment of Claims: Indemnities payable under this policy for any loss, other than loss for which this policy provides any periodic payment, will be paid immediately upon receipt of due written proof of such loss. Subject to due written proof of loss, all accrued indemnities for loss for which this policy provides periodic payment will be paid ............... (insert period for payment which must not be less frequently than monthly) and any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof."

Acts 1959, No. 148, § 396; A.S.A. 1947, § 66-3611.
Ark. Code Ann. § 23-47-705 — AR Code / Title 23 / Chapter 47 / Subchapter 7 / Section 23-47-705
Prohibited operations - Separate investment account - Collateral for certain funds used in conduct of business - Lien and claim upon state bank failure
Status: in_force

(a) (1) No state bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes. (2) Funds deposited or held in trust by the state bank awaiting investment shall be carried in a separate account and shall not be used by the bank in the conduct of its business unless it shall secure the funds deposited or held in trust with investments in which a state bank may invest without limitation pursuant to § 23-47-401 . (3) No security shall be required to the extent the funds so deposited or held in trust are insured under the provisions of the Federal Deposit Insurance Act. (b) In the event of the failure of the state bank, the owners of the funds held in trust for investment shall have a first priority lien on the bonds or other securities so set apart in addition to their claim against the estate of the bank. Acts 1997, No. 89, § 1.

(a) (1) No state bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes. (2) Funds deposited or held in trust by the state bank awaiting investment shall be carried in a separate account and shall not be used by the bank in the conduct of its business unless it shall secure the funds deposited or held in trust with investments in which a state bank may invest without limitation pursuant to § 23-47-401 . (3) No security shall be required to the extent the funds so deposited or held in trust are insured under the provisions of the Federal Deposit Insurance Act.

(1) No state bank shall receive in its trust department deposits of current funds subject to check or the deposit of checks, drafts, bills of exchange, or other items for collection or exchange purposes.

(2) Funds deposited or held in trust by the state bank awaiting investment shall be carried in a separate account and shall not be used by the bank in the conduct of its business unless it shall secure the funds deposited or held in trust with investments in which a state bank may invest without limitation pursuant to § 23-47-401 .

(3) No security shall be required to the extent the funds so deposited or held in trust are insured under the provisions of the Federal Deposit Insurance Act.

(b) In the event of the failure of the state bank, the owners of the funds held in trust for investment shall have a first priority lien on the bonds or other securities so set apart in addition to their claim against the estate of the bank.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-97-317 — AR Code / Title 23 / Chapter 97 / Subchapter 3 / Section 23-97-317
Offer of long-term care or nursing home insurance
Status: in_force

Any policy or rider advertised, marketed, or offered as long-term care or nursing home insurance shall comply with the provisions of this subchapter. Acts 2005, No. 1697, § 31.

Any policy or rider advertised, marketed, or offered as long-term care or nursing home insurance shall comply with the provisions of this subchapter.

Acts 2005, No. 1697, § 31.
Ark. Code Ann. § 23-1-104 — AR Code / Title 23 / Chapter 1 / Section 23-1-104
Compelling compliance with provisions of Acts 1935, No. 324, and orders
Status: in_force

The commission shall have the right, and it is made its duty, to file suit against any person or corporation in any court of competent jurisdiction by mandamus proceedings to compel compliance with the provisions of this act or any order of the commission or, by injunction proceedings, to prevent violations of this act or any order of the commission. Acts 1935, No. 324, § 36; Pope's Dig., § 2099; A.S.A. 1947, § 73-235.

The commission shall have the right, and it is made its duty, to file suit against any person or corporation in any court of competent jurisdiction by mandamus proceedings to compel compliance with the provisions of this act or any order of the commission or, by injunction proceedings, to prevent violations of this act or any order of the commission.

Acts 1935, No. 324, § 36; Pope's Dig., § 2099; A.S.A. 1947, § 73-235.
Ark. Code Ann. § 23-50-101 — AR Code / Title 23 / Chapter 50 / Section 23-50-101
Prosecution of violations - Nonliability of commissioner
Status: in_force

(a) The Bank Commissioner may initiate any appropriate civil or administrative action or remedy upon discovering a violation of the Arkansas Banking Code of 1997 or any other statute or rule the enforcement of which is within the scope of his or her duty. (b) Civil, administrative, or criminal actions initiated by the commissioner under this section which expose him or her or his or her estate to personal liability for damages, or otherwise, shall be defended by the State of Arkansas, and judgments, if any shall be obtained against him or her or his or her estate, shall be borne by the State of Arkansas. (c) No person shall be subjected to any civil or criminal liability for any act or omission to act in good faith reliance upon an order or rule of the State Bank Department notwithstanding a subsequent decision by a court invalidating the order or rule. Amended by Act 2019, No. 315,§ 2559, eff. 7/24/2019. Acts 1997, No. 89, § 1.

(a) The Bank Commissioner may initiate any appropriate civil or administrative action or remedy upon discovering a violation of the Arkansas Banking Code of 1997 or any other statute or rule the enforcement of which is within the scope of his or her duty.

(b) Civil, administrative, or criminal actions initiated by the commissioner under this section which expose him or her or his or her estate to personal liability for damages, or otherwise, shall be defended by the State of Arkansas, and judgments, if any shall be obtained against him or her or his or her estate, shall be borne by the State of Arkansas.

(c) No person shall be subjected to any civil or criminal liability for any act or omission to act in good faith reliance upon an order or rule of the State Bank Department notwithstanding a subsequent decision by a court invalidating the order or rule.

Amended by Act 2019, No. 315,§ 2559, eff. 7/24/2019.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-112-102 — AR Code / Title 23 / Chapter 112 / Subchapter 1 / Section 23-112-102
Legislative findings - Purpose
Status: in_force

(a) The General Assembly finds and declares that the distribution and sale of motor vehicles in Arkansas vitally affects the general economy of the state and the public interest and the public welfare. (b) The General Assembly further finds and declares that it is necessary, in the exercise of its police power, to regulate and to license motor vehicle manufacturers, factory branches and divisions, distributors, distributor branches and divisions, distributor representatives, and new motor vehicle dealers doing business in Arkansas in order to: (1) Prevent frauds, unfair practices, discrimination, impositions, and other abuses upon the citizens of Arkansas; (2) Avoid undue control of the independent motor vehicle dealer by motor vehicle manufacturing and distributing organizations; (3) Foster and keep alive vigorous and healthy competition; (4) Prevent the creation or perpetuation of monopolies; (5) Prevent the practice of requiring the buying of special features, accessories, special models, appliances, and equipment not desired by a motor vehicle dealer or the ultimate purchaser; (6) Prevent false and misleading advertising; (7) Promote and keep alive a sound system of distribution of motor vehicles to the public; and (8) Promote the public safety and welfare. Amended by Act 2021, No. 504,§ 2, eff. 7/28/2021. Acts 1975, No. 388, § 2; A.S.A. 1947, § 75-2302; Acts 1995, No. 568, § 1.

(a) The General Assembly finds and declares that the distribution and sale of motor vehicles in Arkansas vitally affects the general economy of the state and the public interest and the public welfare.

(b) The General Assembly further finds and declares that it is necessary, in the exercise of its police power, to regulate and to license motor vehicle manufacturers, factory branches and divisions, distributors, distributor branches and divisions, distributor representatives, and new motor vehicle dealers doing business in Arkansas in order to: (1) Prevent frauds, unfair practices, discrimination, impositions, and other abuses upon the citizens of Arkansas; (2) Avoid undue control of the independent motor vehicle dealer by motor vehicle manufacturing and distributing organizations; (3) Foster and keep alive vigorous and healthy competition; (4) Prevent the creation or perpetuation of monopolies; (5) Prevent the practice of requiring the buying of special features, accessories, special models, appliances, and equipment not desired by a motor vehicle dealer or the ultimate purchaser; (6) Prevent false and misleading advertising; (7) Promote and keep alive a sound system of distribution of motor vehicles to the public; and (8) Promote the public safety and welfare.

(1) Prevent frauds, unfair practices, discrimination, impositions, and other abuses upon the citizens of Arkansas;

(2) Avoid undue control of the independent motor vehicle dealer by motor vehicle manufacturing and distributing organizations;

(3) Foster and keep alive vigorous and healthy competition;

(4) Prevent the creation or perpetuation of monopolies;

(5) Prevent the practice of requiring the buying of special features, accessories, special models, appliances, and equipment not desired by a motor vehicle dealer or the ultimate purchaser;

(6) Prevent false and misleading advertising;

(7) Promote and keep alive a sound system of distribution of motor vehicles to the public; and

(8) Promote the public safety and welfare.

Amended by Act 2021, No. 504,§ 2, eff. 7/28/2021.

Acts 1975, No. 388, § 2; A.S.A. 1947, § 75-2302; Acts 1995, No. 568, § 1.
Ark. Code Ann. § 23-13-301 — AR Code / Title 23 / Chapter 13 / Subchapter 3 / Section 23-13-301
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Department" means the Arkansas Department of Transportation; (2) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus, or other self-propelled or motor-driven vehicle used upon any of the public highways of the state for the purpose of transporting persons or property; and (3) "Person" means and includes any individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers. Acts 1939, No. 315, §§ 1-4; A.S.A. 1947, §§ 73-1730 -- 73-1733.

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

(1) "Department" means the Arkansas Department of Transportation;

(2) "Motor vehicle" means any automobile, truck, trailer, semitrailer, tractor, motor bus, or other self-propelled or motor-driven vehicle used upon any of the public highways of the state for the purpose of transporting persons or property; and

(3) "Person" means and includes any individual, firm, copartnership, corporation, company, or association or their lessees, trustees, or receivers.

Acts 1939, No. 315, §§ 1-4; A.S.A. 1947, §§ 73-1730 -- 73-1733.
Ark. Code Ann. § 23-71-115 — AR Code / Title 23 / Chapter 71 / Section 23-71-115
Merger, consolidation, or adoption of plan of exchange
Status: in_force

(a) A stipulated premium plan insurer may merge or consolidate into another stipulated premium plan insurer or into a stock insurer authorized to transact insurance in this state, or it may adopt a plan of exchange of the outstanding stock of its stockholders in accordance with the procedures prescribed by §§ 23-69-142 - 23-69-148 . (b) A mutual assessment insurer may merge into a stipulated premium plan insurer under § 23-72-119 . Acts 1959, No. 148, § 553; 1985, No. 804, § 12; A.S.A. 1947, § 66-4414.

(a) A stipulated premium plan insurer may merge or consolidate into another stipulated premium plan insurer or into a stock insurer authorized to transact insurance in this state, or it may adopt a plan of exchange of the outstanding stock of its stockholders in accordance with the procedures prescribed by §§ 23-69-142 - 23-69-148 .

(b) A mutual assessment insurer may merge into a stipulated premium plan insurer under § 23-72-119 .

Acts 1959, No. 148, § 553; 1985, No. 804, § 12; A.S.A. 1947, § 66-4414.
Ark. Code Ann. § 23-42-101 — AR Code / Title 23 / Chapter 42 / Subchapter 1 / Section 23-42-101
Title
Status: in_force

This chapter may be cited as the "Arkansas Securities Act". Acts 1959, No. 254, § 27; A.S.A. 1947, § 67-1261.

This chapter may be cited as the "Arkansas Securities Act".

Acts 1959, No. 254, § 27; A.S.A. 1947, § 67-1261.
Ark. Code Ann. § 23-110-414 — AR Code / Title 23 / Chapter 110 / Subchapter 4 / Section 23-110-414
Franchise holder required to give bond
Status: in_force

Every franchise holder to which a license may be granted under this chapter at its own cost and expense shall, before the license is delivered, give a bond in the penal sum of fifty thousand dollars ($50,000), payable to the Arkansas Racing Commission, with a surety to be approved by the commission, conditioned to faithfully make the payments to the commission provided for in this chapter and to keep its books and records and make reports herein provided and to conduct its race meets in conformity with the provisions of this chapter. Acts 1957, No. 46, § 26; A.S.A. 1947, § 84-2752.

Every franchise holder to which a license may be granted under this chapter at its own cost and expense shall, before the license is delivered, give a bond in the penal sum of fifty thousand dollars ($50,000), payable to the Arkansas Racing Commission, with a surety to be approved by the commission, conditioned to faithfully make the payments to the commission provided for in this chapter and to keep its books and records and make reports herein provided and to conduct its race meets in conformity with the provisions of this chapter.

Acts 1957, No. 46, § 26; A.S.A. 1947, § 84-2752.
Ark. Code Ann. § 23-86-504 — AR Code / Title 23 / Chapter 86 / Subchapter 5 / Section 23-86-504
Health insurance purchasing group health benefits coverage requirements
Status: in_force

(a) (1) In conjunction with a health insurance purchasing group health carrier, each health insurance purchasing group that offers health benefit plans to small employers as defined by § 23-86-303 shall guarantee the availability of coverage to small employers as required by § 23-86-312(a) . (2) All health benefit plans provided through a health insurance purchasing group shall be offered at rates, including employer's and employees' share, on a policy-specific or product-specific basis that may vary only as permitted under law. (b) Subject to subsection (c) of this section, a health insurance purchasing group shall not offer a health benefits plan that unfairly discriminates against eligible employees. (c) Nothing in this subchapter shall be construed as requiring a health insurance purchasing group health carrier to provide coverage outside the service area of the insurer or organization. (d) Each health insurance purchasing group shall provide a health benefits plan only through contracts with health insurance purchasing group health carriers and shall not assume insurance risk with respect to the coverage. (e) Except as provided in this subchapter, the health insurance purchasing group may provide a health benefits plan in whole or in part, not subject to state-mandated health benefits, except those required in the Arkansas Health Insurance Portability and Accountability Act of 1997, § 23-86-301 et seq. (f) The health insurance purchasing group shall offer at least two (2) types of plans including one (1) plan providing a choice of deductibles with state-mandated health benefits. (g) The health insurance purchasing group may also offer a health benefits plan not subject to state-mandated health benefits that does not contain standard provisions or rights required to be present in a health benefits plan pursuant to law or regulations unrelated to a specific health illness, injury, or condition of the insured, for the provisions as may be determined by rules of the Insurance Commissioner. (h) (1) Every health benefits plan offered through a health insurance purchasing group shall: (A) Be underwritten by a health insurance purchasing group health carrier that: (i) Is licensed or otherwise regulated under state law; (ii) Meets all applicable state standards relating to consumer protection, including, but not limited to, state solvency and market conduct; and (iii) Offers the coverage under a contract with the health insurance purchasing group; (B) Be approved or otherwise permitted to be offered under law; (C) Provide full portability of creditable coverage for individuals who remain members of the same health insurance purchasing group, notwithstanding that they change the eligible employer through which they are members; and (D) Comply with the provisions of the Arkansas Insurance Code in their sales and solicitation of insurance, including, but not limited to, the Trade Practices Act, § 23-66-201 et seq., and the requirements of §§ 23-64-102(1) and 23-64-201 that all insurance must be sold by an agent licensed by the State Insurance Department. (2) (A) Any agent referenced in subdivision (h)(1)(D) of this section shall be required to obtain at least two (2) hours of continuing education on a health insurance purchasing group or the plans the health insurance purchasing group sponsors each year, or both. (B) The requirement in subdivision (h)(2)(A) of this section shall be considered as part of the continuing education requirements provided in § 23-64-301 and shall not preempt or conflict with the provision. (i) A health insurance purchasing group shall be exempt from the requirements of § 23-86-201 et seq. (j) Nothing in this subchapter shall be construed as precluding a health insurance purchasing group health carrier from offering a health benefits plan through a health insurance purchasing group by establishing premium discounts for members or from modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention, so long as the programs are agreed to in advance by the health insurance purchasing group and comply with all other provisions of this subchapter and do not discriminate among similarly situated members. Amended by Act 2019, No. 315,§ 2753, eff. 7/24/2019. Acts 2001, No. 925, § 4; 2003, No. 1358, § 2; 2005, No. 2159, § 3.

(a) (1) In conjunction with a health insurance purchasing group health carrier, each health insurance purchasing group that offers health benefit plans to small employers as defined by § 23-86-303 shall guarantee the availability of coverage to small employers as required by § 23-86-312(a) . (2) All health benefit plans provided through a health insurance purchasing group shall be offered at rates, including employer's and employees' share, on a policy-specific or product-specific basis that may vary only as permitted under law.

(1) In conjunction with a health insurance purchasing group health carrier, each health insurance purchasing group that offers health benefit plans to small employers as defined by § 23-86-303 shall guarantee the availability of coverage to small employers as required by § 23-86-312(a) .

(2) All health benefit plans provided through a health insurance purchasing group shall be offered at rates, including employer's and employees' share, on a policy-specific or product-specific basis that may vary only as permitted under law.

(b) Subject to subsection (c) of this section, a health insurance purchasing group shall not offer a health benefits plan that unfairly discriminates against eligible employees.

(c) Nothing in this subchapter shall be construed as requiring a health insurance purchasing group health carrier to provide coverage outside the service area of the insurer or organization.

(d) Each health insurance purchasing group shall provide a health benefits plan only through contracts with health insurance purchasing group health carriers and shall not assume insurance risk with respect to the coverage.

(e) Except as provided in this subchapter, the health insurance purchasing group may provide a health benefits plan in whole or in part, not subject to state-mandated health benefits, except those required in the Arkansas Health Insurance Portability and Accountability Act of 1997, § 23-86-301 et seq.

(f) The health insurance purchasing group shall offer at least two (2) types of plans including one (1) plan providing a choice of deductibles with state-mandated health benefits.

(g) The health insurance purchasing group may also offer a health benefits plan not subject to state-mandated health benefits that does not contain standard provisions or rights required to be present in a health benefits plan pursuant to law or regulations unrelated to a specific health illness, injury, or condition of the insured, for the provisions as may be determined by rules of the Insurance Commissioner.

(h) (1) Every health benefits plan offered through a health insurance purchasing group shall: (A) Be underwritten by a health insurance purchasing group health carrier that: (i) Is licensed or otherwise regulated under state law; (ii) Meets all applicable state standards relating to consumer protection, including, but not limited to, state solvency and market conduct; and (iii) Offers the coverage under a contract with the health insurance purchasing group; (B) Be approved or otherwise permitted to be offered under law; (C) Provide full portability of creditable coverage for individuals who remain members of the same health insurance purchasing group, notwithstanding that they change the eligible employer through which they are members; and (D) Comply with the provisions of the Arkansas Insurance Code in their sales and solicitation of insurance, including, but not limited to, the Trade Practices Act, § 23-66-201 et seq., and the requirements of §§ 23-64-102(1) and 23-64-201 that all insurance must be sold by an agent licensed by the State Insurance Department. (2) (A) Any agent referenced in subdivision (h)(1)(D) of this section shall be required to obtain at least two (2) hours of continuing education on a health insurance purchasing group or the plans the health insurance purchasing group sponsors each year, or both. (B) The requirement in subdivision (h)(2)(A) of this section shall be considered as part of the continuing education requirements provided in § 23-64-301 and shall not preempt or conflict with the provision.

(1) Every health benefits plan offered through a health insurance purchasing group shall: (A) Be underwritten by a health insurance purchasing group health carrier that: (i) Is licensed or otherwise regulated under state law; (ii) Meets all applicable state standards relating to consumer protection, including, but not limited to, state solvency and market conduct; and (iii) Offers the coverage under a contract with the health insurance purchasing group; (B) Be approved or otherwise permitted to be offered under law; (C) Provide full portability of creditable coverage for individuals who remain members of the same health insurance purchasing group, notwithstanding that they change the eligible employer through which they are members; and (D) Comply with the provisions of the Arkansas Insurance Code in their sales and solicitation of insurance, including, but not limited to, the Trade Practices Act, § 23-66-201 et seq., and the requirements of §§ 23-64-102(1) and 23-64-201 that all insurance must be sold by an agent licensed by the State Insurance Department.

(A) Be underwritten by a health insurance purchasing group health carrier that: (i) Is licensed or otherwise regulated under state law; (ii) Meets all applicable state standards relating to consumer protection, including, but not limited to, state solvency and market conduct; and (iii) Offers the coverage under a contract with the health insurance purchasing group;

(i) Is licensed or otherwise regulated under state law;

(ii) Meets all applicable state standards relating to consumer protection, including, but not limited to, state solvency and market conduct; and

(iii) Offers the coverage under a contract with the health insurance purchasing group;

(B) Be approved or otherwise permitted to be offered under law;

(C) Provide full portability of creditable coverage for individuals who remain members of the same health insurance purchasing group, notwithstanding that they change the eligible employer through which they are members; and

(D) Comply with the provisions of the Arkansas Insurance Code in their sales and solicitation of insurance, including, but not limited to, the Trade Practices Act, § 23-66-201 et seq., and the requirements of §§ 23-64-102(1) and 23-64-201 that all insurance must be sold by an agent licensed by the State Insurance Department.

(2) (A) Any agent referenced in subdivision (h)(1)(D) of this section shall be required to obtain at least two (2) hours of continuing education on a health insurance purchasing group or the plans the health insurance purchasing group sponsors each year, or both. (B) The requirement in subdivision (h)(2)(A) of this section shall be considered as part of the continuing education requirements provided in § 23-64-301 and shall not preempt or conflict with the provision.

(A) Any agent referenced in subdivision (h)(1)(D) of this section shall be required to obtain at least two (2) hours of continuing education on a health insurance purchasing group or the plans the health insurance purchasing group sponsors each year, or both.

(B) The requirement in subdivision (h)(2)(A) of this section shall be considered as part of the continuing education requirements provided in § 23-64-301 and shall not preempt or conflict with the provision.

(i) A health insurance purchasing group shall be exempt from the requirements of § 23-86-201 et seq.

(j) Nothing in this subchapter shall be construed as precluding a health insurance purchasing group health carrier from offering a health benefits plan through a health insurance purchasing group by establishing premium discounts for members or from modifying otherwise applicable copayments or deductibles in return for adherence to programs of health promotion and disease prevention, so long as the programs are agreed to in advance by the health insurance purchasing group and comply with all other provisions of this subchapter and do not discriminate among similarly situated members.

Amended by Act 2019, No. 315,§ 2753, eff. 7/24/2019.

Acts 2001, No. 925, § 4; 2003, No. 1358, § 2; 2005, No. 2159, § 3.
Ark. Code Ann. § 23-4-602 — AR Code / Title 23 / Chapter 4 / Subchapter 6 / Section 23-4-602
Violations of sections 23-4-601, 23-4-608 - 23-4-610, 23-4-615, 23-4-706, 23-10-301, and 23-11-101, tariff of charges, or rules of department - Penalties - Recovery
Status: in_force

(a) If any person or corporation operating a railroad or express company in this state or any receiver, trustee, or lessee of any such person or corporation violates any of the provisions of §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 , or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department and for which there is no other penalty prescribed, then such a person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 or such tariff of charges or rules and regulations. (b) (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which such a violation may occur. (2) (A) The department shall institute actions for the recovery of the penalties prescribed in §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. (3) No suit shall be dismissed or compromised without the consent of the court and of the department. In such cases the prosecuting attorney shall not interfere. (c) In all trials of cases brought for violation of any tariff of charges by the department, it may be shown in evidence that the tariff so fixed was unjust. (d) Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law. Amended by Act 2017, No. 707,§ 111, eff. 8/1/2017. Acts 1907, No. 422, § 7, p. 1137; C. & M. Dig., § 1695; Pope's Dig., § 1998; A.S.A. 1947, § 73-1414.

(a) If any person or corporation operating a railroad or express company in this state or any receiver, trustee, or lessee of any such person or corporation violates any of the provisions of §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 , or aids or abets therein, or violates the tariff of charges as fixed by the Arkansas Department of Transportation or any of the rules regarding railroads or express companies as made by the department and for which there is no other penalty prescribed, then such a person or corporation, receiver, trustee, or lessee shall be liable to a penalty of not less than five hundred dollars ($500) nor more than three thousand dollars ($3,000) for each violation of §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 or such tariff of charges or rules and regulations.

(b) (1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which such a violation may occur. (2) (A) The department shall institute actions for the recovery of the penalties prescribed in §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected. (3) No suit shall be dismissed or compromised without the consent of the court and of the department. In such cases the prosecuting attorney shall not interfere.

(1) The penalty may be recovered by an action to be brought in the name of the State of Arkansas in the county in which such a violation may occur.

(2) (A) The department shall institute actions for the recovery of the penalties prescribed in §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 through the prosecuting attorney of the proper district. (B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected. (C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected.

(A) The department shall institute actions for the recovery of the penalties prescribed in §§ 23-4-601 , 23-4-608 - 23-4-610 , 23-4-615 , 23-4-706 , 23-10-301 , and 23-11-101 through the prosecuting attorney of the proper district.

(B) The prosecuting attorney shall be allowed a fee by the court not to exceed twenty-five percent (25%) of the amount collected.

(C) If any prosecuting attorney neglects for fifteen (15) days after notice to bring suit, the department may employ some other attorney at law to bring the suit, who shall be allowed a fee therefor to be fixed by the court not to exceed twenty-five percent (25%) of the amount collected.

(3) No suit shall be dismissed or compromised without the consent of the court and of the department. In such cases the prosecuting attorney shall not interfere.

(c) In all trials of cases brought for violation of any tariff of charges by the department, it may be shown in evidence that the tariff so fixed was unjust.

(d) Nothing in this section shall be so construed as to in any manner interfere with any action for damages which may be provided by law.

Amended by Act 2017, No. 707,§ 111, eff. 8/1/2017.

Acts 1907, No. 422, § 7, p. 1137; C. & M. Dig., § 1695; Pope's Dig., § 1998; A.S.A. 1947, § 73-1414.
Ark. Code Ann. § 23-69-408 — AR Code / Title 23 / Chapter 69 / Subchapter 4 / Section 23-69-408
Own risk and solvency assessment summary report - Content
Status: in_force

(a) (1) An own risk and solvency assessment summary report shall be prepared pursuant to the Own Risk and Solvency Assessment Guidance Manual, subject to the requirements of subsection (b) of this section. (2) An insurer shall maintain any documentation and supporting information used to prepare an own risk and solvency assessment summary report and make the documents and information available upon request of the Insurance Commissioner or during an examination. (b) An own risk and solvency assessment summary report and any additional requests for information shall be reviewed under similar procedures currently in use during an analysis and examination of multistate or global insurers and insurance groups. Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.

(a) (1) An own risk and solvency assessment summary report shall be prepared pursuant to the Own Risk and Solvency Assessment Guidance Manual, subject to the requirements of subsection (b) of this section. (2) An insurer shall maintain any documentation and supporting information used to prepare an own risk and solvency assessment summary report and make the documents and information available upon request of the Insurance Commissioner or during an examination.

(1) An own risk and solvency assessment summary report shall be prepared pursuant to the Own Risk and Solvency Assessment Guidance Manual, subject to the requirements of subsection (b) of this section.

(2) An insurer shall maintain any documentation and supporting information used to prepare an own risk and solvency assessment summary report and make the documents and information available upon request of the Insurance Commissioner or during an examination.

(b) An own risk and solvency assessment summary report and any additional requests for information shall be reviewed under similar procedures currently in use during an analysis and examination of multistate or global insurers and insurance groups.

Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.
Ark. Code Ann. § 23-11-307 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-307
Consolidation with foreign corporation
Status: in_force

(a) Any corporation formed under the laws of this state and chartered thereby may consolidate with any corporation of any adjoining state in the manner provided by law. (b) The consolidated corporation shall become, be, and remain a corporation of this state and amenable to its laws and courts. (c) (1) No such consolidation shall be effected except between corporations, the union of whose roads will make a continuous line. (2) Nor shall any consolidated company own, control, operate, lease, purchase, or consolidate with any parallel or competing line. Acts 1887, No. 80, § 6, p. 110; C. & M. Dig., §§ 8534, 8549; Pope's Dig., §§ 11110, 11125; A.S.A. 1947, § 73-413.

(a) Any corporation formed under the laws of this state and chartered thereby may consolidate with any corporation of any adjoining state in the manner provided by law.

(b) The consolidated corporation shall become, be, and remain a corporation of this state and amenable to its laws and courts.

(c) (1) No such consolidation shall be effected except between corporations, the union of whose roads will make a continuous line. (2) Nor shall any consolidated company own, control, operate, lease, purchase, or consolidate with any parallel or competing line.

(1) No such consolidation shall be effected except between corporations, the union of whose roads will make a continuous line.

(2) Nor shall any consolidated company own, control, operate, lease, purchase, or consolidate with any parallel or competing line.

Acts 1887, No. 80, § 6, p. 110; C. & M. Dig., §§ 8534, 8549; Pope's Dig., §§ 11110, 11125; A.S.A. 1947, § 73-413.
Ark. Code Ann. § 23-38-212 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-212
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 37; Pope's Dig., § 1015; A.S.A. 1947, § 67-833.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 37; Pope's Dig., § 1015; A.S.A. 1947, § 67-833.
Ark. Code Ann. § 23-69-153 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-153
Dissolution - Continuation for suits and settling business
Status: in_force

(a) All domestic stock and mutual insurance corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued for the term of three (3) years from the expiration or dissolution as bodies corporate for the purpose of prosecuting and defending suits by or against them and of enabling them gradually to settle and close their business, to dispose of and convey their property, and to divide their assets, but not for the purpose of continuing business as insurers. (b) However, as to any action, suit, or proceeding commenced by or against the corporation prior to the expiration or dissolution and with respect to any action, suit, or proceeding commenced by the corporation within three (3) years after the date of the expiration or dissolution, the corporation shall only for the purpose of the actions, suits, or proceedings so commenced be continued bodies corporate beyond the three-year period and until any judgments, orders, or decrees therein shall be fully executed. Acts 1959, No. 148, § 506; A.S.A. 1947, § 66-4254.

(a) All domestic stock and mutual insurance corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued for the term of three (3) years from the expiration or dissolution as bodies corporate for the purpose of prosecuting and defending suits by or against them and of enabling them gradually to settle and close their business, to dispose of and convey their property, and to divide their assets, but not for the purpose of continuing business as insurers.

(b) However, as to any action, suit, or proceeding commenced by or against the corporation prior to the expiration or dissolution and with respect to any action, suit, or proceeding commenced by the corporation within three (3) years after the date of the expiration or dissolution, the corporation shall only for the purpose of the actions, suits, or proceedings so commenced be continued bodies corporate beyond the three-year period and until any judgments, orders, or decrees therein shall be fully executed.

Acts 1959, No. 148, § 506; A.S.A. 1947, § 66-4254.
Ark. Code Ann. § 23-51-130 — AR Code / Title 23 / Chapter 51 / Section 23-51-130
Trust deposit
Status: in_force

(a) A state trust company may deposit trust funds with itself as an investment if authorized by the settlor or the beneficiary, provided: (1) It maintains as security for the deposits a separate fund of securities, legal for trust investments, under control of a federal reserve bank or other entity approved by the Bank Commissioner, either in this state or elsewhere; (2) The total market value of the security is at all times at least equal to the amount of the deposit; (3) The separate fund is designated as such; and (4) The separate fund is maintained under the control of another trust institution, bank or government agency. (b) A state trust company may make periodic withdrawals from or additions to the securities fund required by subsection (a) of this section as long as the required value is maintained. Income from the securities in the fund belongs to the state trust company. (c) Security for a deposit under this section is not required for a deposit under subsection (a) of this section to the extent the deposit is insured by the Federal Deposit Insurance Corporation or its successor. Acts 1997, No. 940, § 30.

(a) A state trust company may deposit trust funds with itself as an investment if authorized by the settlor or the beneficiary, provided: (1) It maintains as security for the deposits a separate fund of securities, legal for trust investments, under control of a federal reserve bank or other entity approved by the Bank Commissioner, either in this state or elsewhere; (2) The total market value of the security is at all times at least equal to the amount of the deposit; (3) The separate fund is designated as such; and (4) The separate fund is maintained under the control of another trust institution, bank or government agency.

(1) It maintains as security for the deposits a separate fund of securities, legal for trust investments, under control of a federal reserve bank or other entity approved by the Bank Commissioner, either in this state or elsewhere;

(2) The total market value of the security is at all times at least equal to the amount of the deposit;

(3) The separate fund is designated as such; and

(4) The separate fund is maintained under the control of another trust institution, bank or government agency.

(b) A state trust company may make periodic withdrawals from or additions to the securities fund required by subsection (a) of this section as long as the required value is maintained. Income from the securities in the fund belongs to the state trust company.

(c) Security for a deposit under this section is not required for a deposit under subsection (a) of this section to the extent the deposit is insured by the Federal Deposit Insurance Corporation or its successor.

Acts 1997, No. 940, § 30.
Ark. Code Ann. § 23-48-201 — AR Code / Title 23 / Chapter 48 / Subchapter 2 / Section 23-48-201
Membership in Federal Reserve System
Status: in_force

Any state bank shall have the right to own such amount of stock in a federal reserve bank as may be required for it to become a member of the Federal Reserve System. Acts 1997, No. 89, § 1.

Any state bank shall have the right to own such amount of stock in a federal reserve bank as may be required for it to become a member of the Federal Reserve System.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-17-408 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-408
Regulatory framework for electing companies
Status: in_force

(a) The earnings of an electing company shall not be subject to rate of return or rate-base monitoring or regulation, and the Arkansas Public Service Commission shall not consider rate of return, rate base, or the earnings of an electing company in connection with rate changes made pursuant to this section or § 23-17-407 . (b) An electing company is authorized to determine and account for its investments, revenues, and expenses, including depreciation expenses, pursuant to generally accepted accounting principles. (c) (1) An electing company may increase or decrease its rates for telecommunications services other than basic local exchange service and switched-access services and establish rates for new services by filing a tariff or a price list with the commission. (2) The rates shall not require commission approval. (3) The tariff or price list shall be effective upon filing or at a future time as the electing company shall designate. (4) So long as rates for services are in accordance with this section and § 23-17-407 , the rates are deemed just and reasonable. (5) Any service that is not a telecommunications service is not subject to commission regulation, and rates for the services need not be filed with the commission. (d) An electing company may package any of its services with any other service it or its affiliates offer, with or without a discount, provided that services whose rates are capped under § 23-17-407 may be purchased separately at the rate which is capped in accordance with § 23-17-407 . Acts 1997, No. 77, § 8.

(a) The earnings of an electing company shall not be subject to rate of return or rate-base monitoring or regulation, and the Arkansas Public Service Commission shall not consider rate of return, rate base, or the earnings of an electing company in connection with rate changes made pursuant to this section or § 23-17-407 .

(b) An electing company is authorized to determine and account for its investments, revenues, and expenses, including depreciation expenses, pursuant to generally accepted accounting principles.

(c) (1) An electing company may increase or decrease its rates for telecommunications services other than basic local exchange service and switched-access services and establish rates for new services by filing a tariff or a price list with the commission. (2) The rates shall not require commission approval. (3) The tariff or price list shall be effective upon filing or at a future time as the electing company shall designate. (4) So long as rates for services are in accordance with this section and § 23-17-407 , the rates are deemed just and reasonable. (5) Any service that is not a telecommunications service is not subject to commission regulation, and rates for the services need not be filed with the commission.

(1) An electing company may increase or decrease its rates for telecommunications services other than basic local exchange service and switched-access services and establish rates for new services by filing a tariff or a price list with the commission.

(2) The rates shall not require commission approval.

(3) The tariff or price list shall be effective upon filing or at a future time as the electing company shall designate.

(4) So long as rates for services are in accordance with this section and § 23-17-407 , the rates are deemed just and reasonable.

(5) Any service that is not a telecommunications service is not subject to commission regulation, and rates for the services need not be filed with the commission.

(d) An electing company may package any of its services with any other service it or its affiliates offer, with or without a discount, provided that services whose rates are capped under § 23-17-407 may be purchased separately at the rate which is capped in accordance with § 23-17-407 .

Acts 1997, No. 77, § 8.
Ark. Code Ann. § 23-69-139 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-139
Assessment of stockholders or members
Status: in_force

(a) Any insurer receiving the Insurance Commissioner's notice mentioned in § 23-69-138(a) : (1) (A) If a stock insurer, by resolution of its board of directors and subject to any limitations upon assessment contained in its articles of incorporation, may assess its stockholders for amounts necessary to cure the deficiency and provide the insurer with a reasonable amount or surplus in addition. (B) If any stockholder fails to pay a lawful assessment after notice given to him or her in person or by advertisement in such time and manner as approved by the commissioner, the insurer may require the return of the original certificate of stock held by the stockholder, and in cancellation and in lieu thereof issue a new certificate for such number of shares as the stockholder may then be entitled to, upon the basis of the stockholder's proportionate interest in the amount of the insurer's capital stock as determined by the commissioner to be remaining at the time of determination of amount of impairment under § 23-69-138 , after deducting from the proportionate interest the amount of the unpaid assessment. (C) The insurer may pay for or issue fractional shares under this subsection; or (2) If a mutual insurer, shall levy such an assessment upon members as is provided for under § 23-69-124 . (b) Neither this section nor § 23-69-138 shall be deemed to prohibit the insurer from curing any deficiency through any lawful means other than those referred to in those sections. Acts 1959, No. 148, § 494; A.S.A. 1947, § 66-4242.

(a) Any insurer receiving the Insurance Commissioner's notice mentioned in § 23-69-138(a) : (1) (A) If a stock insurer, by resolution of its board of directors and subject to any limitations upon assessment contained in its articles of incorporation, may assess its stockholders for amounts necessary to cure the deficiency and provide the insurer with a reasonable amount or surplus in addition. (B) If any stockholder fails to pay a lawful assessment after notice given to him or her in person or by advertisement in such time and manner as approved by the commissioner, the insurer may require the return of the original certificate of stock held by the stockholder, and in cancellation and in lieu thereof issue a new certificate for such number of shares as the stockholder may then be entitled to, upon the basis of the stockholder's proportionate interest in the amount of the insurer's capital stock as determined by the commissioner to be remaining at the time of determination of amount of impairment under § 23-69-138 , after deducting from the proportionate interest the amount of the unpaid assessment. (C) The insurer may pay for or issue fractional shares under this subsection; or (2) If a mutual insurer, shall levy such an assessment upon members as is provided for under § 23-69-124 .

(1) (A) If a stock insurer, by resolution of its board of directors and subject to any limitations upon assessment contained in its articles of incorporation, may assess its stockholders for amounts necessary to cure the deficiency and provide the insurer with a reasonable amount or surplus in addition. (B) If any stockholder fails to pay a lawful assessment after notice given to him or her in person or by advertisement in such time and manner as approved by the commissioner, the insurer may require the return of the original certificate of stock held by the stockholder, and in cancellation and in lieu thereof issue a new certificate for such number of shares as the stockholder may then be entitled to, upon the basis of the stockholder's proportionate interest in the amount of the insurer's capital stock as determined by the commissioner to be remaining at the time of determination of amount of impairment under § 23-69-138 , after deducting from the proportionate interest the amount of the unpaid assessment. (C) The insurer may pay for or issue fractional shares under this subsection; or

(A) If a stock insurer, by resolution of its board of directors and subject to any limitations upon assessment contained in its articles of incorporation, may assess its stockholders for amounts necessary to cure the deficiency and provide the insurer with a reasonable amount or surplus in addition.

(B) If any stockholder fails to pay a lawful assessment after notice given to him or her in person or by advertisement in such time and manner as approved by the commissioner, the insurer may require the return of the original certificate of stock held by the stockholder, and in cancellation and in lieu thereof issue a new certificate for such number of shares as the stockholder may then be entitled to, upon the basis of the stockholder's proportionate interest in the amount of the insurer's capital stock as determined by the commissioner to be remaining at the time of determination of amount of impairment under § 23-69-138 , after deducting from the proportionate interest the amount of the unpaid assessment.

(C) The insurer may pay for or issue fractional shares under this subsection; or

(2) If a mutual insurer, shall levy such an assessment upon members as is provided for under § 23-69-124 .

(b) Neither this section nor § 23-69-138 shall be deemed to prohibit the insurer from curing any deficiency through any lawful means other than those referred to in those sections.

Acts 1959, No. 148, § 494; A.S.A. 1947, § 66-4242.
Ark. Code Ann. § 23-10-209 — AR Code / Title 23 / Chapter 10 / Subchapter 2 / Section 23-10-209
Baggage generally
Status: in_force

(a) As used in this section, unless the context otherwise requires, "baggage" includes whatever a passenger upon any carrier of passengers takes with him or her, for personal use and convenience, with reference to the immediate necessities or of the journey, and shall also include such samples of goods, wares, and merchandise as may be necessary to be carried for display by commercial salespersons, and shall include theatrical costumes and effects when the samples, costumes, or effects are enclosed in trunks and similar receptacles. (b) (1) All carriers of passengers in this state shall transport and carry any passengers' baggage weighing not more than one hundred fifty pounds (150 lbs.) free of charge. (2) Where the weight of the baggage is in excess of one hundred fifty pounds (150 lbs.), the carrier shall charge and receive such excess for a fee of not more than twelve and one-half percent (121/2%) of the purchase price of the ticket or fare purchased and paid for by the passenger per one hundred pounds (100 lbs.) or fraction thereof, but in no case shall the charge for the excess be less than twenty-five cents (25¢) on the same train or boat upon which the passenger shall travel and within a reasonable time thereafter. (c) The baggage shall be tendered to the carrier at least thirty (30) minutes before the arrival of the train or boat. The carrier shall deliver the baggage in good condition with due diligence to the passengers at destination. (d) (1) Any railroad company or other common carrier failing to comply with any of the requirements of subsections (b) and (c) of this section shall be liable to the persons aggrieved thereby for the actual damages caused by the failure to comply. (2) In addition to the actual damages, the carrier shall be liable for a penalty not exceeding one hundred dollars ($100) for each and every failure to comply with any of the provisions of subsections (b) and (c) of this section. (3) The penalty may be recovered and collected, together with the actual damages, by a civil suit in any court having jurisdiction. Acts 1911, No. 252, §§ 1-3; C. & M. Dig., §§ 968-970; Pope's Dig., §§ 1172-1174; A.S.A. 1947, §§ 73-1222 -- 73-1224.

(a) As used in this section, unless the context otherwise requires, "baggage" includes whatever a passenger upon any carrier of passengers takes with him or her, for personal use and convenience, with reference to the immediate necessities or of the journey, and shall also include such samples of goods, wares, and merchandise as may be necessary to be carried for display by commercial salespersons, and shall include theatrical costumes and effects when the samples, costumes, or effects are enclosed in trunks and similar receptacles.

(b) (1) All carriers of passengers in this state shall transport and carry any passengers' baggage weighing not more than one hundred fifty pounds (150 lbs.) free of charge. (2) Where the weight of the baggage is in excess of one hundred fifty pounds (150 lbs.), the carrier shall charge and receive such excess for a fee of not more than twelve and one-half percent (121/2%) of the purchase price of the ticket or fare purchased and paid for by the passenger per one hundred pounds (100 lbs.) or fraction thereof, but in no case shall the charge for the excess be less than twenty-five cents (25¢) on the same train or boat upon which the passenger shall travel and within a reasonable time thereafter.

(1) All carriers of passengers in this state shall transport and carry any passengers' baggage weighing not more than one hundred fifty pounds (150 lbs.) free of charge.

(2) Where the weight of the baggage is in excess of one hundred fifty pounds (150 lbs.), the carrier shall charge and receive such excess for a fee of not more than twelve and one-half percent (121/2%) of the purchase price of the ticket or fare purchased and paid for by the passenger per one hundred pounds (100 lbs.) or fraction thereof, but in no case shall the charge for the excess be less than twenty-five cents (25¢) on the same train or boat upon which the passenger shall travel and within a reasonable time thereafter.

(c) The baggage shall be tendered to the carrier at least thirty (30) minutes before the arrival of the train or boat. The carrier shall deliver the baggage in good condition with due diligence to the passengers at destination.

(d) (1) Any railroad company or other common carrier failing to comply with any of the requirements of subsections (b) and (c) of this section shall be liable to the persons aggrieved thereby for the actual damages caused by the failure to comply. (2) In addition to the actual damages, the carrier shall be liable for a penalty not exceeding one hundred dollars ($100) for each and every failure to comply with any of the provisions of subsections (b) and (c) of this section. (3) The penalty may be recovered and collected, together with the actual damages, by a civil suit in any court having jurisdiction.

(1) Any railroad company or other common carrier failing to comply with any of the requirements of subsections (b) and (c) of this section shall be liable to the persons aggrieved thereby for the actual damages caused by the failure to comply.

(2) In addition to the actual damages, the carrier shall be liable for a penalty not exceeding one hundred dollars ($100) for each and every failure to comply with any of the provisions of subsections (b) and (c) of this section.

(3) The penalty may be recovered and collected, together with the actual damages, by a civil suit in any court having jurisdiction.

Acts 1911, No. 252, §§ 1-3; C. & M. Dig., §§ 968-970; Pope's Dig., §§ 1172-1174; A.S.A. 1947, §§ 73-1222 -- 73-1224.
Ark. Code Ann. § 23-69-310 — AR Code / Title 23 / Chapter 69 / Subchapter 3 / Section 23-69-310
Appeal of final order
Status: in_force

Any person affected by a final order issued under this subchapter shall have the right to appeal the order to the Pulaski County Circuit Court. The appeal shall be in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 2001, No. 1726, § 1.

Any person affected by a final order issued under this subchapter shall have the right to appeal the order to the Pulaski County Circuit Court. The appeal shall be in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 2001, No. 1726, § 1.
Ark. Code Ann. § 23-61-1007 — AR Code / Title 23 / Chapter 61 / Subchapter 10 / Section 23-61-1007
Insurance standards for individual qualified health insurance plans
Status: in_force

(a) Insurance coverage for a member enrolled in an individual qualified health insurance plan shall be obtained, at a minimum, through silver-level metallic plans as provided in 42 U.S.C. § 18022(d) and § 18071 , as they existed on January 1, 2021, that restrict out-of-pocket costs to amounts that do not exceed applicable out-of-pocket cost limitations. (b) As provided under § 23-61-1004(e)(2) , health insurers shall track the applicable premium payments and cost sharing collected from members to ensure that the total amount of an individual's payments for premiums and cost sharing does not exceed the aggregate cap imposed by 42 C.F.R. § 447.56 . (c) All health benefit plans purchased by the Department of Human Services shall: (1) Conform to the requirements of this section and applicable insurance rules; (2) Be certified by the State Insurance Department; (3) (A) Maintain a medical-loss ratio of at least eighty percent (80%) for an individual qualified health insurance plan as required under 45 C.F.R. § 158.210(c) , as it existed on January 1, 2021, or rebate the difference to the Department of Human Services for members. (B) However, the Department of Human Services may approve up to one percent (1%) of revenues as community investments and as benefit expenses in calculating the medical-loss ratio of a plan in accordance with 45 C.F.R. § 158.150 ; (4) Develop: (A) An annual quality assessment and performance improvement strategic plan to be approved by the Department of Human Services that aligns with federal quality improvement initiatives and quality and reporting requirements of the Department of Human Services; and (B) Targeted initiatives based on requirements established by the Department of Human Services in consultation with the Department of Health; and (5) Make reports to the Department of Human Services and the Department of Health regarding quality and performance metrics in a manner and frequency established by a memorandum of understanding. (d) A health insurer offering individual qualified health insurance plans for members shall participate in the Arkansas Patient-Centered Medical Home Program, including: (1) Attributing enrollees in individual qualified health insurance plans, including members, to a primary care physician; (2) Providing financial support to patient-centered medical homes to meet practice transformation milestones; and (3) Supplying clinical performance data to patient-centered medical homes, including data to enable patient-centered medical homes to assess the relative cost and quality of healthcare providers to whom patient-centered medical homes refer patients. (e) (1) Each individual qualified health insurance plan shall provide for a health improvement initiative, subject to the review and approval of the Department of Human Services, to provide incentives to its enrolled members to participate in one (1) or more health improvement initiatives as defined in § 23-61-1003(9) . (2) (A) The Department of Human Services shall work with health insurers offering individual qualified health insurance plans to ensure the economic independence initiative offered by the health insurer includes a robust outreach and communications effort which targets specific health, education, training, employment, and other opportunities appropriate for its enrolled members. (B) The outreach and communications effort shall recognize that enrolled members receive information from multiple channels, including without limitation: (i) Community service organizations; (ii) Local community outreach partners; (iii) Email; (iv) Radio; (v) Religious organizations; (vi) Social media; (vii) Television; (viii) Text message; and (ix) Traditional methods such as newspaper or mail. (f) On or before January 1, 2022, the State Insurance Department and the Department of Human Services may implement through certification requirements or rule, or both, the applicable provisions of this section. Amended by Act 2021, No. 530,§ 1, eff. on and after January 1, 2022. Added by Act 2016EX2, No. 2,§ 1, eff. 4/8/2016. Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.

(a) Insurance coverage for a member enrolled in an individual qualified health insurance plan shall be obtained, at a minimum, through silver-level metallic plans as provided in 42 U.S.C. § 18022(d) and § 18071 , as they existed on January 1, 2021, that restrict out-of-pocket costs to amounts that do not exceed applicable out-of-pocket cost limitations.

(b) As provided under § 23-61-1004(e)(2) , health insurers shall track the applicable premium payments and cost sharing collected from members to ensure that the total amount of an individual's payments for premiums and cost sharing does not exceed the aggregate cap imposed by 42 C.F.R. § 447.56 .

(c) All health benefit plans purchased by the Department of Human Services shall: (1) Conform to the requirements of this section and applicable insurance rules; (2) Be certified by the State Insurance Department; (3) (A) Maintain a medical-loss ratio of at least eighty percent (80%) for an individual qualified health insurance plan as required under 45 C.F.R. § 158.210(c) , as it existed on January 1, 2021, or rebate the difference to the Department of Human Services for members. (B) However, the Department of Human Services may approve up to one percent (1%) of revenues as community investments and as benefit expenses in calculating the medical-loss ratio of a plan in accordance with 45 C.F.R. § 158.150 ; (4) Develop: (A) An annual quality assessment and performance improvement strategic plan to be approved by the Department of Human Services that aligns with federal quality improvement initiatives and quality and reporting requirements of the Department of Human Services; and (B) Targeted initiatives based on requirements established by the Department of Human Services in consultation with the Department of Health; and (5) Make reports to the Department of Human Services and the Department of Health regarding quality and performance metrics in a manner and frequency established by a memorandum of understanding.

(1) Conform to the requirements of this section and applicable insurance rules;

(2) Be certified by the State Insurance Department;

(3) (A) Maintain a medical-loss ratio of at least eighty percent (80%) for an individual qualified health insurance plan as required under 45 C.F.R. § 158.210(c) , as it existed on January 1, 2021, or rebate the difference to the Department of Human Services for members. (B) However, the Department of Human Services may approve up to one percent (1%) of revenues as community investments and as benefit expenses in calculating the medical-loss ratio of a plan in accordance with 45 C.F.R. § 158.150 ;

(A) Maintain a medical-loss ratio of at least eighty percent (80%) for an individual qualified health insurance plan as required under 45 C.F.R. § 158.210(c) , as it existed on January 1, 2021, or rebate the difference to the Department of Human Services for members.

(B) However, the Department of Human Services may approve up to one percent (1%) of revenues as community investments and as benefit expenses in calculating the medical-loss ratio of a plan in accordance with 45 C.F.R. § 158.150 ;

(4) Develop: (A) An annual quality assessment and performance improvement strategic plan to be approved by the Department of Human Services that aligns with federal quality improvement initiatives and quality and reporting requirements of the Department of Human Services; and (B) Targeted initiatives based on requirements established by the Department of Human Services in consultation with the Department of Health; and

(A) An annual quality assessment and performance improvement strategic plan to be approved by the Department of Human Services that aligns with federal quality improvement initiatives and quality and reporting requirements of the Department of Human Services; and

(B) Targeted initiatives based on requirements established by the Department of Human Services in consultation with the Department of Health; and

(5) Make reports to the Department of Human Services and the Department of Health regarding quality and performance metrics in a manner and frequency established by a memorandum of understanding.

(d) A health insurer offering individual qualified health insurance plans for members shall participate in the Arkansas Patient-Centered Medical Home Program, including: (1) Attributing enrollees in individual qualified health insurance plans, including members, to a primary care physician; (2) Providing financial support to patient-centered medical homes to meet practice transformation milestones; and (3) Supplying clinical performance data to patient-centered medical homes, including data to enable patient-centered medical homes to assess the relative cost and quality of healthcare providers to whom patient-centered medical homes refer patients.

(1) Attributing enrollees in individual qualified health insurance plans, including members, to a primary care physician;

(2) Providing financial support to patient-centered medical homes to meet practice transformation milestones; and

(3) Supplying clinical performance data to patient-centered medical homes, including data to enable patient-centered medical homes to assess the relative cost and quality of healthcare providers to whom patient-centered medical homes refer patients.

(e) (1) Each individual qualified health insurance plan shall provide for a health improvement initiative, subject to the review and approval of the Department of Human Services, to provide incentives to its enrolled members to participate in one (1) or more health improvement initiatives as defined in § 23-61-1003(9) . (2) (A) The Department of Human Services shall work with health insurers offering individual qualified health insurance plans to ensure the economic independence initiative offered by the health insurer includes a robust outreach and communications effort which targets specific health, education, training, employment, and other opportunities appropriate for its enrolled members. (B) The outreach and communications effort shall recognize that enrolled members receive information from multiple channels, including without limitation: (i) Community service organizations; (ii) Local community outreach partners; (iii) Email; (iv) Radio; (v) Religious organizations; (vi) Social media; (vii) Television; (viii) Text message; and (ix) Traditional methods such as newspaper or mail.

(1) Each individual qualified health insurance plan shall provide for a health improvement initiative, subject to the review and approval of the Department of Human Services, to provide incentives to its enrolled members to participate in one (1) or more health improvement initiatives as defined in § 23-61-1003(9) .

(2) (A) The Department of Human Services shall work with health insurers offering individual qualified health insurance plans to ensure the economic independence initiative offered by the health insurer includes a robust outreach and communications effort which targets specific health, education, training, employment, and other opportunities appropriate for its enrolled members. (B) The outreach and communications effort shall recognize that enrolled members receive information from multiple channels, including without limitation: (i) Community service organizations; (ii) Local community outreach partners; (iii) Email; (iv) Radio; (v) Religious organizations; (vi) Social media; (vii) Television; (viii) Text message; and (ix) Traditional methods such as newspaper or mail.

(A) The Department of Human Services shall work with health insurers offering individual qualified health insurance plans to ensure the economic independence initiative offered by the health insurer includes a robust outreach and communications effort which targets specific health, education, training, employment, and other opportunities appropriate for its enrolled members.

(B) The outreach and communications effort shall recognize that enrolled members receive information from multiple channels, including without limitation: (i) Community service organizations; (ii) Local community outreach partners; (iii) Email; (iv) Radio; (v) Religious organizations; (vi) Social media; (vii) Television; (viii) Text message; and (ix) Traditional methods such as newspaper or mail.

(i) Community service organizations;

(ii) Local community outreach partners;

(iii) Email;

(iv) Radio;

(v) Religious organizations;

(vi) Social media;

(vii) Television;

(viii) Text message; and

(ix) Traditional methods such as newspaper or mail.

(f) On or before January 1, 2022, the State Insurance Department and the Department of Human Services may implement through certification requirements or rule, or both, the applicable provisions of this section.

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

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

Added by Act 2016EX2, No. 1,§ 1, eff. 4/8/2016.
Ark. Code Ann. § 23-10-413 — AR Code / Title 23 / Chapter 10 / Subchapter 4 / Section 23-10-413
Duty to furnish cars to shipper
Status: in_force

(a) (1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad company shall furnish the cars at the place of shipment within six (6) days from 7:00 a.m. of the day following the application. (2) When the shipper making the application specifies a future day on which he or she desires to make a shipment, giving not fewer than six (6) days' notice thereof, computing from 7:00 a.m. of the day following the application, the railroad company shall furnish the cars on the day specified in the application. The station agent shall give the applicant a receipt for his or her application for the cars, with the date of filing the application. (b) For failure to comply with this section, the railroad company so offending shall forfeit and pay the sum of five dollars ($5.00) per car per day or fraction of a day's delay, after expiration of free time, to the shipper applying, upon demand in writing made within thirty (30) days thereafter by the shipper. However, failure on the part of the shipper to make demand of the railroad company shall not release the railroad company from its liability to the shipper for the forfeiture or demurrage charges. Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.

(a) (1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad company shall furnish the cars at the place of shipment within six (6) days from 7:00 a.m. of the day following the application. (2) When the shipper making the application specifies a future day on which he or she desires to make a shipment, giving not fewer than six (6) days' notice thereof, computing from 7:00 a.m. of the day following the application, the railroad company shall furnish the cars on the day specified in the application. The station agent shall give the applicant a receipt for his or her application for the cars, with the date of filing the application.

(1) When a shipper makes a written application to the station agent of a railroad company for cars to be loaded with any kind of freight embraced in the tariff of the company, stating in the application the character of the freight and its final destination, the railroad company shall furnish the cars at the place of shipment within six (6) days from 7:00 a.m. of the day following the application.

(2) When the shipper making the application specifies a future day on which he or she desires to make a shipment, giving not fewer than six (6) days' notice thereof, computing from 7:00 a.m. of the day following the application, the railroad company shall furnish the cars on the day specified in the application. The station agent shall give the applicant a receipt for his or her application for the cars, with the date of filing the application.

(b) For failure to comply with this section, the railroad company so offending shall forfeit and pay the sum of five dollars ($5.00) per car per day or fraction of a day's delay, after expiration of free time, to the shipper applying, upon demand in writing made within thirty (30) days thereafter by the shipper. However, failure on the part of the shipper to make demand of the railroad company shall not release the railroad company from its liability to the shipper for the forfeiture or demurrage charges.

Acts 1907, No. 193, § 1, p. 453; C. & M. Dig., § 895; Pope's Dig., § 1099; A.S.A. 1947, § 73-1310.
Ark. Code Ann. § 23-67-504 — AR Code / Title 23 / Chapter 67 / Subchapter 5 / Section 23-67-504
Rate administration
Status: in_force

(a) (1) The Insurance Commissioner shall promulgate rules requiring each malpractice insurer to record and report its loss and expense experience and any other data, including reserves, the commissioner considers necessary to determine whether rates comply with the standards set forth in § 23-67-502 . (2) The information shall be provided in the form prescribed by the commissioner. (b) The commissioner may require that the malpractice insurer's annual report and any supplemental report that contains information about a malpractice insurer's loss and loss adjustment reserves be accompanied by an opinion signed and sworn to by a qualified and independent actuary verifying that within the nine (9) months prior to the submission of the report: (1) The actuary has conducted a review and analysis of the malpractice insurer's loss and loss adjustment reserves; and (2) The reserves are: (A) Computed in accordance with accepted loss-reserving standards; and (B) Fairly stated in accordance with sound loss-reserving principles. (c) The commissioner shall: (1) Maintain by malpractice insurer all reports submitted under this section for at least six (6) years; and (2) Consider the reports in determining the appropriateness of rates for malpractice insurance. (d) The commissioner may: (1) Examine and review the assessment of risk for different specialties or practices; (2) Hold a public hearing on any filing containing a risk assignment for malpractice insurance to determine whether the risk assignment is reasonable; and (3) Issue orders concerning the risk assignment. Acts 2005, No. 1697, § 19.

(a) (1) The Insurance Commissioner shall promulgate rules requiring each malpractice insurer to record and report its loss and expense experience and any other data, including reserves, the commissioner considers necessary to determine whether rates comply with the standards set forth in § 23-67-502 . (2) The information shall be provided in the form prescribed by the commissioner.

(1) The Insurance Commissioner shall promulgate rules requiring each malpractice insurer to record and report its loss and expense experience and any other data, including reserves, the commissioner considers necessary to determine whether rates comply with the standards set forth in § 23-67-502 .

(2) The information shall be provided in the form prescribed by the commissioner.

(b) The commissioner may require that the malpractice insurer's annual report and any supplemental report that contains information about a malpractice insurer's loss and loss adjustment reserves be accompanied by an opinion signed and sworn to by a qualified and independent actuary verifying that within the nine (9) months prior to the submission of the report: (1) The actuary has conducted a review and analysis of the malpractice insurer's loss and loss adjustment reserves; and (2) The reserves are: (A) Computed in accordance with accepted loss-reserving standards; and (B) Fairly stated in accordance with sound loss-reserving principles.

(1) The actuary has conducted a review and analysis of the malpractice insurer's loss and loss adjustment reserves; and

(2) The reserves are: (A) Computed in accordance with accepted loss-reserving standards; and (B) Fairly stated in accordance with sound loss-reserving principles.

(A) Computed in accordance with accepted loss-reserving standards; and

(B) Fairly stated in accordance with sound loss-reserving principles.

(c) The commissioner shall: (1) Maintain by malpractice insurer all reports submitted under this section for at least six (6) years; and (2) Consider the reports in determining the appropriateness of rates for malpractice insurance.

(1) Maintain by malpractice insurer all reports submitted under this section for at least six (6) years; and

(2) Consider the reports in determining the appropriateness of rates for malpractice insurance.

(d) The commissioner may: (1) Examine and review the assessment of risk for different specialties or practices; (2) Hold a public hearing on any filing containing a risk assignment for malpractice insurance to determine whether the risk assignment is reasonable; and (3) Issue orders concerning the risk assignment.

(1) Examine and review the assessment of risk for different specialties or practices;

(2) Hold a public hearing on any filing containing a risk assignment for malpractice insurance to determine whether the risk assignment is reasonable; and

(3) Issue orders concerning the risk assignment.

Acts 2005, No. 1697, § 19.
Ark. Code Ann. § 23-66-211 — AR Code / Title 23 / Chapter 66 / Subchapter 2 / Section 23-66-211
Penalty for violation of cease and desist orders
Status: in_force

Any person who violates a cease and desist order of the Insurance Commissioner under § 23-66-210 while the order is in effect may, after notice and hearing upon order of the commissioner, be subject at the discretion of the commissioner to any one (1) or more of the following: (1) A monetary penalty of not more than ten thousand dollars ($10,000) for each and every act of violation; or (2) Suspension or revocation of that person's license. Acts 1959, No. 148, § 219; 1973, No. 41, § 8; 1981, No. 809, § 11; A.S.A. 1947, § 66-3012.

Any person who violates a cease and desist order of the Insurance Commissioner under § 23-66-210 while the order is in effect may, after notice and hearing upon order of the commissioner, be subject at the discretion of the commissioner to any one (1) or more of the following:

(1) A monetary penalty of not more than ten thousand dollars ($10,000) for each and every act of violation; or

(2) Suspension or revocation of that person's license.

Acts 1959, No. 148, § 219; 1973, No. 41, § 8; 1981, No. 809, § 11; A.S.A. 1947, § 66-3012.
Ark. Code Ann. § 23-67-222 — AR Code / Title 23 / Chapter 67 / Subchapter 2 / Section 23-67-222
Administrative procedures
Status: in_force

(a) Administrative procedures exercised by the Insurance Commissioner under this chapter shall be in accordance with §§ 23-61-303 - 23-61-306 . (b) Appeals from orders of the commissioner made under this chapter shall be made in accordance with § 23-61-307 . Acts 1987, No. 959, § 19.

(a) Administrative procedures exercised by the Insurance Commissioner under this chapter shall be in accordance with §§ 23-61-303 - 23-61-306 .

(b) Appeals from orders of the commissioner made under this chapter shall be made in accordance with § 23-61-307 .

Acts 1987, No. 959, § 19.
Ark. Code Ann. § 23-79-157 — AR Code / Title 23 / Chapter 79 / Subchapter 1 / Section 23-79-157
Payment for services rendered by physical therapists, occupational therapists, and speech-language pathologists
Status: in_force

(a) As used in this section: (1) (A) "Health benefit plan" means any group or blanket plan, policy, or contract for healthcare services issued or delivered in this state by healthcare insurers, including indemnity and managed care plans and the plans providing health benefits to state and public school employees under § 21-5-401 et seq., but excluding individual major medical plans and plans providing healthcare services 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. (B) "Health benefit plan" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy; (2) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization issuing or delivering health benefit plans in this state and subject to any of the following laws: (A) The insurance laws of this state; (B) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; and (C) Section 23-76-101 et seq., pertaining to health maintenance organizations; (3) "Licensed physical therapist, occupational therapist, or speech-language pathologist" means: (A) A physical therapist licensed under §§ 17-93-101 - 17-93-312 ; (B) An occupational therapist licensed under the Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq.; and (C) A speech-language pathologist licensed under §§ 17-100-102 - 17-100-308 ; and (4) "Licensed primary care physician or osteopath" means a primary care physician and an osteopath licensed under §§ 17-80-101 - 17-95-505 . (b) An insurer shall not impose a copayment, coinsurance, or an office visit deductible amount or a combination of a copayment, coinsurance, or an office visit deductible amount charged to the insured for services rendered for a date of service by a licensed physical therapist, occupational therapist, or speech-language pathologist that is greater than the copayment, coinsurance, or office visit deductible amount charged to the insured for an office visit for the service of a licensed primary care physician or osteopath. (c) An insurer shall state in its health benefit plan: (1) The availability of physical therapy, occupational therapy, or speech-language pathologist coverage under its plan; and (2) All related limitations, conditions, and exclusions. Added by Act 2013, No. 342,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) (A) "Health benefit plan" means any group or blanket plan, policy, or contract for healthcare services issued or delivered in this state by healthcare insurers, including indemnity and managed care plans and the plans providing health benefits to state and public school employees under § 21-5-401 et seq., but excluding individual major medical plans and plans providing healthcare services 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. (B) "Health benefit plan" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy; (2) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization issuing or delivering health benefit plans in this state and subject to any of the following laws: (A) The insurance laws of this state; (B) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; and (C) Section 23-76-101 et seq., pertaining to health maintenance organizations; (3) "Licensed physical therapist, occupational therapist, or speech-language pathologist" means: (A) A physical therapist licensed under §§ 17-93-101 - 17-93-312 ; (B) An occupational therapist licensed under the Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq.; and (C) A speech-language pathologist licensed under §§ 17-100-102 - 17-100-308 ; and (4) "Licensed primary care physician or osteopath" means a primary care physician and an osteopath licensed under §§ 17-80-101 - 17-95-505 .

(1) (A) "Health benefit plan" means any group or blanket plan, policy, or contract for healthcare services issued or delivered in this state by healthcare insurers, including indemnity and managed care plans and the plans providing health benefits to state and public school employees under § 21-5-401 et seq., but excluding individual major medical plans and plans providing healthcare services 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. (B) "Health benefit plan" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy;

(A) "Health benefit plan" means any group or blanket plan, policy, or contract for healthcare services issued or delivered in this state by healthcare insurers, including indemnity and managed care plans and the plans providing health benefits to state and public school employees under § 21-5-401 et seq., but excluding individual major medical plans and plans providing healthcare services 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.

(B) "Health benefit plan" does not include an accident-only, specified disease, hospital indemnity, Medicare supplement, long-term care, disability income, or other limited benefit health insurance policy;

(2) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization issuing or delivering health benefit plans in this state and subject to any of the following laws: (A) The insurance laws of this state; (B) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; and (C) Section 23-76-101 et seq., pertaining to health maintenance organizations;

(A) The insurance laws of this state;

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

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

(3) "Licensed physical therapist, occupational therapist, or speech-language pathologist" means: (A) A physical therapist licensed under §§ 17-93-101 - 17-93-312 ; (B) An occupational therapist licensed under the Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq.; and (C) A speech-language pathologist licensed under §§ 17-100-102 - 17-100-308 ; and

(A) A physical therapist licensed under §§ 17-93-101 - 17-93-312 ;

(B) An occupational therapist licensed under the Arkansas Occupational Therapy Practice Act, § 17-88-101 et seq.; and

(C) A speech-language pathologist licensed under §§ 17-100-102 - 17-100-308 ; and

(4) "Licensed primary care physician or osteopath" means a primary care physician and an osteopath licensed under §§ 17-80-101 - 17-95-505 .

(b) An insurer shall not impose a copayment, coinsurance, or an office visit deductible amount or a combination of a copayment, coinsurance, or an office visit deductible amount charged to the insured for services rendered for a date of service by a licensed physical therapist, occupational therapist, or speech-language pathologist that is greater than the copayment, coinsurance, or office visit deductible amount charged to the insured for an office visit for the service of a licensed primary care physician or osteopath.

(c) An insurer shall state in its health benefit plan: (1) The availability of physical therapy, occupational therapy, or speech-language pathologist coverage under its plan; and (2) All related limitations, conditions, and exclusions.

(1) The availability of physical therapy, occupational therapy, or speech-language pathologist coverage under its plan; and

(2) All related limitations, conditions, and exclusions.

Added by Act 2013, No. 342,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-35-501 — AR Code / Title 23 / Chapter 35 / Subchapter 5 / Section 23-35-501
Shares generally - Liens on shares
Status: in_force

(a) A "share" is a term applied to each five dollars ($5.00), but not more than twenty-five dollars ($25.00), standing to the share account of a member. (b) The shares of stock of a credit union shall all be common shares of one (1) class and shall have a par value of five-dollar multiples of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) per share. (c) No certificate shall be issued to denote ownership of a share in a credit union. (d) Shares may be subscribed, paid for, and transferred in such manner as the bylaws may prescribe. (e) The credit union shall have and may exercise a lien on the shares of any member for any sum due the credit union from the member or for any loan endorsed by him or her. (f) When the share balance of a member is reduced to less than one (1) fully paid share by the member's action and remains below that amount for a period of one (1) year or longer after the member has received actual notice of that fact, it may be absorbed by a late or service charge upon authorization of the board of directors of the credit union. Acts 1971, No. 132, § 19; 1975 (Extended Sess., 1976), 1182, § 3; 1985, No. 936, § 13; A.S.A. 1947, § 67-919; reen. Acts 1987, No. 995, § 3.

(a) A "share" is a term applied to each five dollars ($5.00), but not more than twenty-five dollars ($25.00), standing to the share account of a member.

(b) The shares of stock of a credit union shall all be common shares of one (1) class and shall have a par value of five-dollar multiples of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) per share.

(c) No certificate shall be issued to denote ownership of a share in a credit union.

(d) Shares may be subscribed, paid for, and transferred in such manner as the bylaws may prescribe.

(e) The credit union shall have and may exercise a lien on the shares of any member for any sum due the credit union from the member or for any loan endorsed by him or her.

(f) When the share balance of a member is reduced to less than one (1) fully paid share by the member's action and remains below that amount for a period of one (1) year or longer after the member has received actual notice of that fact, it may be absorbed by a late or service charge upon authorization of the board of directors of the credit union.

Acts 1971, No. 132, § 19; 1975 (Extended Sess., 1976), 1182, § 3; 1985, No. 936, § 13; A.S.A. 1947, § 67-919; reen. Acts 1987, No. 995, § 3.
Ark. Code Ann. § 23-88-403 — AR Code / Title 23 / Chapter 88 / Subchapter 4 / Section 23-88-403
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1210,§ 7, eff. 7/22/2015. Acts 2003, No. 1345, § 3.

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

Acts 2003, No. 1345, § 3.
Ark. Code Ann. § 23-82-101 — AR Code / Title 23 / Chapter 82 / Section 23-82-101
Definition
Status: in_force

For the purpose of this code, unless the context otherwise requires, "industrial life insurance" is that form of life insurance written under policies of face amount of two thousand dollars ($2,000) or less bearing the words "industrial policy" imprinted on the face thereof as part of the descriptive matter and under which premiums are payable monthly or more often. Acts 1959, No. 148, § 347; A.S.A. 1947, § 66-3402.

For the purpose of this code, unless the context otherwise requires, "industrial life insurance" is that form of life insurance written under policies of face amount of two thousand dollars ($2,000) or less bearing the words "industrial policy" imprinted on the face thereof as part of the descriptive matter and under which premiums are payable monthly or more often.

Acts 1959, No. 148, § 347; A.S.A. 1947, § 66-3402.
Ark. Code Ann. § 23-13-250 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-250
Contract carriers - Schedule of minimum rates and charges, rules and practices - Establishment by department
Status: in_force

(a) Whenever, after hearing, upon complaint or upon its own initiative, the Arkansas Department of Transportation finds that any minimum rate or charge of any contract carrier by motor vehicle, that any rule or practice of any such carrier affecting the minimum rate or charge, or that the value of the service thereunder for the transportation of passengers or property or in connection therewith contravenes the transportation policy declared in this subchapter, or is in contravention of any provision of this subchapter, the department may prescribe such just and reasonable minimum rates, charges, rules, or practices as in its judgment may be necessary or desirable in the public interest and desirable to promote the policy and will not be in contravention of any provision of this subchapter. (b) The minimum rate or charge, or such rule or practice so prescribed by the department, shall give no advantage or preference to any carrier in competition with any common carrier by motor vehicle subject to this subchapter, which the department may find to be undue or inconsistent with the public interest and the transportation policy declared in this subchapter. (c) The department shall give due consideration to the cost of services rendered by contract carriers and to the effect of the minimum rate or charge, or such rule or practice, upon the movement of traffic by such carriers. Amended by Act 2019, No. 315,§ 2444, eff. 7/24/2019. Amended by Act 2017, No. 707,§ 219, eff. 8/1/2017. Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.

(a) Whenever, after hearing, upon complaint or upon its own initiative, the Arkansas Department of Transportation finds that any minimum rate or charge of any contract carrier by motor vehicle, that any rule or practice of any such carrier affecting the minimum rate or charge, or that the value of the service thereunder for the transportation of passengers or property or in connection therewith contravenes the transportation policy declared in this subchapter, or is in contravention of any provision of this subchapter, the department may prescribe such just and reasonable minimum rates, charges, rules, or practices as in its judgment may be necessary or desirable in the public interest and desirable to promote the policy and will not be in contravention of any provision of this subchapter.

(b) The minimum rate or charge, or such rule or practice so prescribed by the department, shall give no advantage or preference to any carrier in competition with any common carrier by motor vehicle subject to this subchapter, which the department may find to be undue or inconsistent with the public interest and the transportation policy declared in this subchapter.

(c) The department shall give due consideration to the cost of services rendered by contract carriers and to the effect of the minimum rate or charge, or such rule or practice, upon the movement of traffic by such carriers.

Amended by Act 2019, No. 315,§ 2444, eff. 7/24/2019.

Amended by Act 2017, No. 707,§ 219, eff. 8/1/2017.

Acts 1955, No. 397, § 17[18]; A.S.A. 1947, § 73-1771.
Ark. Code Ann. § 23-12-604 — AR Code / Title 23 / Chapter 12 / Subchapter 6 / Section 23-12-604
Duty to erect depot and stop passenger trains in cities and towns near state line - Exception - Penalty
Status: in_force

(a) Any railroad company owning or operating a line of railway in this state, passing through any city or incorporated town within one-half (1/2) mile of the state boundary line of this state, shall erect and maintain a suitable depot therein and shall stop all its passenger trains at this station. (b) (1) Any railroad company which fails, refuses, or neglects to build a suitable depot within ninety (90) days or shall fail to stop all its passenger trains as provided in subsection (a) of this section shall forfeit and pay a sum of money not less than fifty dollars ($50.00) nor more than two hundred dollars ($200), to be prosecuted in the name of the state by any citizen aggrieved or by the prosecuting attorney of the district. Each day's refusal or neglect shall constitute a separate offense. (2) The sum when so recovered shall go to the school fund of the county in which the city or town is located. (3) The prosecuting attorney shall be allowed twenty percent (20%) of the amount so received for his or her services. (c) This section shall not apply where there is a depot within three hundred feet (300') of the opposite side of the line at which all passenger trains stop. Acts 1887, No. 76, §§ 1, 2, p. 106; 1905, No. 194, §§ 1, 2, p. 501; C. & M. Dig., §§ 8469, 8470; Pope's Dig., §§ 11043, 11044; A.S.A. 1947, §§ 73-805, 73-806.

(a) Any railroad company owning or operating a line of railway in this state, passing through any city or incorporated town within one-half (1/2) mile of the state boundary line of this state, shall erect and maintain a suitable depot therein and shall stop all its passenger trains at this station.

(b) (1) Any railroad company which fails, refuses, or neglects to build a suitable depot within ninety (90) days or shall fail to stop all its passenger trains as provided in subsection (a) of this section shall forfeit and pay a sum of money not less than fifty dollars ($50.00) nor more than two hundred dollars ($200), to be prosecuted in the name of the state by any citizen aggrieved or by the prosecuting attorney of the district. Each day's refusal or neglect shall constitute a separate offense. (2) The sum when so recovered shall go to the school fund of the county in which the city or town is located. (3) The prosecuting attorney shall be allowed twenty percent (20%) of the amount so received for his or her services.

(1) Any railroad company which fails, refuses, or neglects to build a suitable depot within ninety (90) days or shall fail to stop all its passenger trains as provided in subsection (a) of this section shall forfeit and pay a sum of money not less than fifty dollars ($50.00) nor more than two hundred dollars ($200), to be prosecuted in the name of the state by any citizen aggrieved or by the prosecuting attorney of the district. Each day's refusal or neglect shall constitute a separate offense.

(2) The sum when so recovered shall go to the school fund of the county in which the city or town is located.

(3) The prosecuting attorney shall be allowed twenty percent (20%) of the amount so received for his or her services.

(c) This section shall not apply where there is a depot within three hundred feet (300') of the opposite side of the line at which all passenger trains stop.

Acts 1887, No. 76, §§ 1, 2, p. 106; 1905, No. 194, §§ 1, 2, p. 501; C. & M. Dig., §§ 8469, 8470; Pope's Dig., §§ 11043, 11044; A.S.A. 1947, §§ 73-805, 73-806.
Ark. Code Ann. § 23-83-120 — AR Code / Title 23 / Chapter 83 / Section 23-83-120
Continuation of coverage during insured's total disability provision
Status: in_force

(a) Excluding an annuity policy, a group policy shall contain a provision that when active employment is a condition of insurance, a provision that an insured may continue coverage during the insured's total disability by timely payment to the policyholder of that portion, if any, of the premium that would have been required from the insured had total disability not occurred. (b) The continuation shall be on a premium-paying basis for a period of six (6) months from the date on which the total disability started, but not beyond the earlier of approval by the insurer of continuation of the coverage under any disability provision which the group insurance policy may contain or the discontinuance of the group insurance policy. Acts 1981, No. 898, § 20; A.S.A. 1947, § 66-3520.

(a) Excluding an annuity policy, a group policy shall contain a provision that when active employment is a condition of insurance, a provision that an insured may continue coverage during the insured's total disability by timely payment to the policyholder of that portion, if any, of the premium that would have been required from the insured had total disability not occurred.

(b) The continuation shall be on a premium-paying basis for a period of six (6) months from the date on which the total disability started, but not beyond the earlier of approval by the insurer of continuation of the coverage under any disability provision which the group insurance policy may contain or the discontinuance of the group insurance policy.

Acts 1981, No. 898, § 20; A.S.A. 1947, § 66-3520.
Ark. Code Ann. § 23-79-508 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-508
Plan administrator
Status: in_force

(a) The Board of Directors of the Arkansas Comprehensive Health Insurance Pool shall select an insurer through a competitive bidding process to administer the plan. However, the administering insurer designated by the board created by Acts 1995, No. 1339, shall serve as the plan administrator under this subchapter until the expiration of the current contract of the administering insurer. The board shall evaluate bids submitted under this section based upon criteria established by the board which shall include, but not be limited to, the following: (1) The plan administrator's proven ability to handle large group accident and health benefit plans; (2) The efficiency and timeliness of the plan administrator's claim processing procedures; (3) An estimate of total charges for administering the plan; (4) The plan administrator's ability to apply effective cost containment programs and procedures and to administer the plan in a cost efficient manner; and (5) The financial condition and stability of the plan administrator. (b) (1) The plan administrator shall serve for a period of three (3) years subject to removal for cause and subject to the terms, conditions, and limitations of the contract between the board and the plan administrator. (2) The board shall advertise for and accept bids to serve as the plan administrator for the succeeding three-year periods. (c) The plan administrator shall perform functions related to the plan as may be assigned to it, including: (1) Determination of eligibility; (2) Payment and processing of claims; (3) Establishment of a premium billing procedure for collection of premiums. Billings shall be made on a periodic basis as determined by the board; and (4) Other necessary functions to assure timely payment of benefits to covered persons under the plan, including: (A) Making available information relating to the proper manner of submitting a claim for benefits under the plan and distributing forms upon which submissions shall be made; and (B) Evaluating the eligibility of each claim for payment under the plan. (d) (1) The plan administrator shall submit regular reports to the board regarding the operation of the plan. (2) Frequency, content, and form of the report shall be determined by the board. (e) (1) The plan administrator shall pay claim expenses from the premium payments received from or on behalf of plan participants and allocated by the board for claim expenses. (2) If the plan administrator's payments for claims expenses exceed the portion of premiums allocated by the board for payment of claims expenses, the board shall provide additional funds to the plan administrator for payment of claims expenses. (f) The plan administrator shall be governed by the requirements of this subchapter and shall be compensated as provided in the contract between the board and the plan administrator. Acts 1997, No. 292, § 8.

(a) The Board of Directors of the Arkansas Comprehensive Health Insurance Pool shall select an insurer through a competitive bidding process to administer the plan. However, the administering insurer designated by the board created by Acts 1995, No. 1339, shall serve as the plan administrator under this subchapter until the expiration of the current contract of the administering insurer. The board shall evaluate bids submitted under this section based upon criteria established by the board which shall include, but not be limited to, the following: (1) The plan administrator's proven ability to handle large group accident and health benefit plans; (2) The efficiency and timeliness of the plan administrator's claim processing procedures; (3) An estimate of total charges for administering the plan; (4) The plan administrator's ability to apply effective cost containment programs and procedures and to administer the plan in a cost efficient manner; and (5) The financial condition and stability of the plan administrator.

(1) The plan administrator's proven ability to handle large group accident and health benefit plans;

(2) The efficiency and timeliness of the plan administrator's claim processing procedures;

(3) An estimate of total charges for administering the plan;

(4) The plan administrator's ability to apply effective cost containment programs and procedures and to administer the plan in a cost efficient manner; and

(5) The financial condition and stability of the plan administrator.

(b) (1) The plan administrator shall serve for a period of three (3) years subject to removal for cause and subject to the terms, conditions, and limitations of the contract between the board and the plan administrator. (2) The board shall advertise for and accept bids to serve as the plan administrator for the succeeding three-year periods.

(1) The plan administrator shall serve for a period of three (3) years subject to removal for cause and subject to the terms, conditions, and limitations of the contract between the board and the plan administrator.

(2) The board shall advertise for and accept bids to serve as the plan administrator for the succeeding three-year periods.

(c) The plan administrator shall perform functions related to the plan as may be assigned to it, including: (1) Determination of eligibility; (2) Payment and processing of claims; (3) Establishment of a premium billing procedure for collection of premiums. Billings shall be made on a periodic basis as determined by the board; and (4) Other necessary functions to assure timely payment of benefits to covered persons under the plan, including: (A) Making available information relating to the proper manner of submitting a claim for benefits under the plan and distributing forms upon which submissions shall be made; and (B) Evaluating the eligibility of each claim for payment under the plan.

(1) Determination of eligibility;

(2) Payment and processing of claims;

(3) Establishment of a premium billing procedure for collection of premiums. Billings shall be made on a periodic basis as determined by the board; and

(4) Other necessary functions to assure timely payment of benefits to covered persons under the plan, including: (A) Making available information relating to the proper manner of submitting a claim for benefits under the plan and distributing forms upon which submissions shall be made; and (B) Evaluating the eligibility of each claim for payment under the plan.

(A) Making available information relating to the proper manner of submitting a claim for benefits under the plan and distributing forms upon which submissions shall be made; and

(B) Evaluating the eligibility of each claim for payment under the plan.

(d) (1) The plan administrator shall submit regular reports to the board regarding the operation of the plan. (2) Frequency, content, and form of the report shall be determined by the board.

(1) The plan administrator shall submit regular reports to the board regarding the operation of the plan.

(2) Frequency, content, and form of the report shall be determined by the board.

(e) (1) The plan administrator shall pay claim expenses from the premium payments received from or on behalf of plan participants and allocated by the board for claim expenses. (2) If the plan administrator's payments for claims expenses exceed the portion of premiums allocated by the board for payment of claims expenses, the board shall provide additional funds to the plan administrator for payment of claims expenses.

(1) The plan administrator shall pay claim expenses from the premium payments received from or on behalf of plan participants and allocated by the board for claim expenses.

(2) If the plan administrator's payments for claims expenses exceed the portion of premiums allocated by the board for payment of claims expenses, the board shall provide additional funds to the plan administrator for payment of claims expenses.

(f) The plan administrator shall be governed by the requirements of this subchapter and shall be compensated as provided in the contract between the board and the plan administrator.

Acts 1997, No. 292, § 8.
Ark. Code Ann. § 23-111-504 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-504
Additional racing days for municipal assistance - Distribution of net proceeds to municipalities
Status: in_force

(a) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct six (6) additional days of racing during each calendar year in addition to any other days of dog racing authorized by law. (b) The net proceeds, as defined in § 23-111-503 , derived from two (2) of the additional days of dog racing shall be deposited with the Treasurer of State as special revenue for credit to the Municipal Aid Fund. Moneys deposited into the fund shall be distributed to all municipalities located in the county in which the dog racing meet is held, except the municipality in which the dog racing track is located, with each municipality to receive such portion of the fund as the population of the municipality bears to the total population of all participating municipalities in the county. Acts 1985, No. 924, § 3; A.S.A. 1947, § 84-2850.

(a) The Arkansas Racing Commission is authorized to allow each dog racing franchise holder to conduct six (6) additional days of racing during each calendar year in addition to any other days of dog racing authorized by law.

(b) The net proceeds, as defined in § 23-111-503 , derived from two (2) of the additional days of dog racing shall be deposited with the Treasurer of State as special revenue for credit to the Municipal Aid Fund. Moneys deposited into the fund shall be distributed to all municipalities located in the county in which the dog racing meet is held, except the municipality in which the dog racing track is located, with each municipality to receive such portion of the fund as the population of the municipality bears to the total population of all participating municipalities in the county.

Acts 1985, No. 924, § 3; A.S.A. 1947, § 84-2850.
Ark. Code Ann. § 23-68-113 — AR Code / Title 23 / Chapter 68 / Section 23-68-113
Conduct of delinquency proceedings against domestic and alien insurers
Status: in_force

(1) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for a domestic or alien insurer, the court shall appoint the Insurance Commissioner as such receiver. The court shall order the commissioner forthwith to take possession of the assets of the insurer and to administer the same under the orders of the court. (2) As a domiciliary receiver, the commissioner shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer, wherever located, as of the date of entry of the order directing him or her to rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state; and he or she shall have the right to recover the same and reduce the same to possession, except that ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are herein prescribed for ancillary receivers appointed in this state as to assets located in this state. (3) The filing or recording of the order directing possession to be taken, or a certified copy thereof, in any office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded. (4) The commissioner as domiciliary receiver shall be responsible for the proper administration of all assets coming into his or her possession or control. The court may at any time require a bond from him or her or his or her deputies if deemed desirable for the protection of such assets. (5) Upon taking possession of the assets of an insurer, the domiciliary receiver shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take such steps as are authorized by this chapter for the purpose of rehabilitating, liquidating, or conserving the affairs or assets of the insurer. (6) In connection with delinquency proceedings, the commissioner may appoint one (1) or more special deputy commissioners to act for him or her, and he or she may employ such counsel, clerks, and assistants as he or she deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver, subject to the approval of the court, and shall be paid out of the funds or assets of the insurer. Within the limits of duties imposed upon them, special deputies shall possess all the powers given to and, in the exercise of those powers, shall be subject to all of the duties imposed upon the receiver with respect to such proceedings. Acts 1959, No. 148, § 651; A.S.A. 1947, § 66-4814.

(1) Whenever under this chapter a receiver is to be appointed in delinquency proceedings for a domestic or alien insurer, the court shall appoint the Insurance Commissioner as such receiver. The court shall order the commissioner forthwith to take possession of the assets of the insurer and to administer the same under the orders of the court.

(2) As a domiciliary receiver, the commissioner shall be vested by operation of law with the title to all of the property, contracts, and rights of action, and all of the books and records of the insurer, wherever located, as of the date of entry of the order directing him or her to rehabilitate or liquidate a domestic insurer or to liquidate the United States branch of an alien insurer domiciled in this state; and he or she shall have the right to recover the same and reduce the same to possession, except that ancillary receivers in reciprocal states shall have, as to assets located in their respective states, the rights and powers which are herein prescribed for ancillary receivers appointed in this state as to assets located in this state.

(3) The filing or recording of the order directing possession to be taken, or a certified copy thereof, in any office where instruments affecting title to property are required to be filed or recorded shall impart the same notice as would be imparted by a deed, bill of sale, or other evidence of title duly filed or recorded.

(4) The commissioner as domiciliary receiver shall be responsible for the proper administration of all assets coming into his or her possession or control. The court may at any time require a bond from him or her or his or her deputies if deemed desirable for the protection of such assets.

(5) Upon taking possession of the assets of an insurer, the domiciliary receiver shall, subject to the direction of the court, immediately proceed to conduct the business of the insurer or to take such steps as are authorized by this chapter for the purpose of rehabilitating, liquidating, or conserving the affairs or assets of the insurer.

(6) In connection with delinquency proceedings, the commissioner may appoint one (1) or more special deputy commissioners to act for him or her, and he or she may employ such counsel, clerks, and assistants as he or she deems necessary. The compensation of the special deputies, counsel, clerks, or assistants and all expenses of taking possession of the insurer and of conducting the proceedings shall be fixed by the receiver, subject to the approval of the court, and shall be paid out of the funds or assets of the insurer. Within the limits of duties imposed upon them, special deputies shall possess all the powers given to and, in the exercise of those powers, shall be subject to all of the duties imposed upon the receiver with respect to such proceedings.

Acts 1959, No. 148, § 651; A.S.A. 1947, § 66-4814.
Ark. Code Ann. § 23-69-405 — AR Code / Title 23 / Chapter 69 / Subchapter 4 / Section 23-69-405
Own risk and solvency assessment - Requirements
Status: in_force

Except as provided in § 23-69-407 , an insurer or the insurance group that the insurer is a member of shall perform an own risk and solvency assessment: (1) According to the Own Risk and Solvency Assessment Guidance Manual or a comparable process; and (2) Annually, or at any time a significant change to the risk profile of the insurer or the insurance group of which the insurer is a member occurs. Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.

Except as provided in § 23-69-407 , an insurer or the insurance group that the insurer is a member of shall perform an own risk and solvency assessment:

(1) According to the Own Risk and Solvency Assessment Guidance Manual or a comparable process; and

(2) Annually, or at any time a significant change to the risk profile of the insurer or the insurance group of which the insurer is a member occurs.

Added by Act 2015, No. 1223,§ 31, eff. 7/22/2015.
Ark. Code Ann. § 23-99-504 — AR Code / Title 23 / Chapter 99 / Subchapter 5 / Section 23-99-504
Exclusions
Status: in_force

This subchapter does not apply to: (1) Dental insurance plans; (2) Vision insurance plans; (3) Specified-disease insurance plans; (4) Accidental injury insurance plans; (5) Long-term care plans; (6) Disability income plans; (7) Individual health benefit plans if the healthcare insurers offer individuals who satisfy the healthcare insurer's underwriting standards the option of purchasing a plan that, other than being optional, meets all the other requirements of this subchapter; (8) Health benefit plans for small employers if the healthcare insurers offer purchasers the option of purchasing a plan that, other than being optional, meets all the other requirements of this subchapter; and (9) Medicare supplement plans, as subject to section 1882(g)(1) of the Social Security Act. Acts 1997, No. 1020, § 8; 2009, No. 1193, § 5.

This subchapter does not apply to:

(1) Dental insurance plans;

(2) Vision insurance plans;

(3) Specified-disease insurance plans;

(4) Accidental injury insurance plans;

(5) Long-term care plans;

(6) Disability income plans;

(7) Individual health benefit plans if the healthcare insurers offer individuals who satisfy the healthcare insurer's underwriting standards the option of purchasing a plan that, other than being optional, meets all the other requirements of this subchapter;

(8) Health benefit plans for small employers if the healthcare insurers offer purchasers the option of purchasing a plan that, other than being optional, meets all the other requirements of this subchapter; and

(9) Medicare supplement plans, as subject to section 1882(g)(1) of the Social Security Act.

Acts 1997, No. 1020, § 8; 2009, No. 1193, § 5.
Ark. Code Ann. § 23-18-402 — AR Code / Title 23 / Chapter 18 / Subchapter 4 / Section 23-18-402
Erection of dams to develop electric power
Status: in_force

(a) Any person or corporation organized under the laws of this state for the purpose of producing power for any lawful purpose, who or which has procured a charter from this state for the development and operation of electric power plants from waterpower and owns a natural, practical dam site, or has secured from the United States a license, permit, or authority to erect a dam upon land or a dam site owned by the United States, shall have the right to erect a dam across any navigable or nonnavigable river in this state at that point for the purpose of developing electric power. (b) When the person or company is ready to begin the construction of his or her or its dam, it shall file a survey with the Secretary of State and with the county clerk of the counties in which the lands pertaining to the waterpower are situated. This survey shall show the location of his or her or its principal power dam site, or the stream above the power dam and the lands necessary for the development of the waterpower, with an estimate and the engineer's report of the cost of his or her or its dam, spillways, power plant, and all machinery to be used in generating the power, to be verified later by report of actual cost of construction. (c) Any person or corporation owning or controlling any dam as provided in this subchapter may be required, in the discretion of the Arkansas Public Service Commission, to construct and keep open a chute over the dam or construction sufficient for the passage of fish either ascending or descending the river or watercourse. Acts 1927, No. 121, §§ 2-4; Pope's Dig., §§ 14474-14476; A.S.A. 1947, §§ 73-2002 -- 73-2004.

(a) Any person or corporation organized under the laws of this state for the purpose of producing power for any lawful purpose, who or which has procured a charter from this state for the development and operation of electric power plants from waterpower and owns a natural, practical dam site, or has secured from the United States a license, permit, or authority to erect a dam upon land or a dam site owned by the United States, shall have the right to erect a dam across any navigable or nonnavigable river in this state at that point for the purpose of developing electric power.

(b) When the person or company is ready to begin the construction of his or her or its dam, it shall file a survey with the Secretary of State and with the county clerk of the counties in which the lands pertaining to the waterpower are situated. This survey shall show the location of his or her or its principal power dam site, or the stream above the power dam and the lands necessary for the development of the waterpower, with an estimate and the engineer's report of the cost of his or her or its dam, spillways, power plant, and all machinery to be used in generating the power, to be verified later by report of actual cost of construction.

(c) Any person or corporation owning or controlling any dam as provided in this subchapter may be required, in the discretion of the Arkansas Public Service Commission, to construct and keep open a chute over the dam or construction sufficient for the passage of fish either ascending or descending the river or watercourse.

Acts 1927, No. 121, §§ 2-4; Pope's Dig., §§ 14474-14476; A.S.A. 1947, §§ 73-2002 -- 73-2004.
Ark. Code Ann. § 23-63-808 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-808
Investments in public obligations
Status: in_force

(a) An insurer may invest in bonds or other evidences of indebtedness which are general obligations of, or are secured by pledge of specific revenue by, this state or any other state of the United States, or any of the counties or incorporated cities or towns, or duly organized school districts or other taxing districts of such states. (b) No security shall be eligible for investment if within five (5) years next preceding the date of the proposed investment, the obligor has defaulted in the payment of principal or interest on any of its tax-supported obligations. Acts 1959, No. 148, § 104; A.S.A. 1947, § 66-2608.

(a) An insurer may invest in bonds or other evidences of indebtedness which are general obligations of, or are secured by pledge of specific revenue by, this state or any other state of the United States, or any of the counties or incorporated cities or towns, or duly organized school districts or other taxing districts of such states.

(b) No security shall be eligible for investment if within five (5) years next preceding the date of the proposed investment, the obligor has defaulted in the payment of principal or interest on any of its tax-supported obligations.

Acts 1959, No. 148, § 104; A.S.A. 1947, § 66-2608.
Ark. Code Ann. § 23-38-204 — AR Code / Title 23 / Chapter 38 / Subchapter 2 / Section 23-38-204
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013. Acts 1929, No. 128, § 8; Pope's Dig., § 983; A.S.A. 1947, § 67-818.

Repealed by Act 2013, No. 1144,§ 4, eff. 8/16/2013.

Acts 1929, No. 128, § 8; Pope's Dig., § 983; A.S.A. 1947, § 67-818.
Ark. Code Ann. § 23-10-108 — AR Code / Title 23 / Chapter 10 / Subchapter 1 / Section 23-10-108
Railroads - Officers, agents, or employees not to be personally interested in contracts
Status: in_force

(a) No president, director, officer, agent, or employee of any railroad shall be interested, directly or indirectly, in the furnishing of materials or supplies to the railroad or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by the railroad, nor in any arrangement which shall afford more advantageous terms or greater facilities than are offered or accorded to the public. (b) All contracts and arrangements in violation of this section shall be void. Acts 1887, No. 81, § 3, p. 113; C. & M. Dig., §§ 918, 8439; Pope's Dig., §§ 1122, 11013; A.S.A. 1947, § 73-1503.

(a) No president, director, officer, agent, or employee of any railroad shall be interested, directly or indirectly, in the furnishing of materials or supplies to the railroad or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by the railroad, nor in any arrangement which shall afford more advantageous terms or greater facilities than are offered or accorded to the public.

(b) All contracts and arrangements in violation of this section shall be void.

Acts 1887, No. 81, § 3, p. 113; C. & M. Dig., §§ 918, 8439; Pope's Dig., §§ 1122, 11013; A.S.A. 1947, § 73-1503.
Ark. Code Ann. § 23-2-426 — AR Code / Title 23 / Chapter 2 / Subchapter 4 / Section 23-2-426
Amendment or rescission of commission's decisions
Status: in_force

(a) The commission may at any time, and from time to time, after notice, and after opportunity to be heard as provided in the case of complaints, rescind or amend by order any decision made by it. (b) Any order rescinding or amending a prior order or decision, when served upon the public utility affected and the other parties to the proceedings, shall have the same force and effect as is provided in this act for original orders or decisions. However, no such order shall affect the legality or validity of any acts done by the public utility or others before service upon it or them of the notice of the change. Acts 1935, No. 324, § 31; Pope's Dig., § 2094; A.S.A. 1947, § 73-230.

(a) The commission may at any time, and from time to time, after notice, and after opportunity to be heard as provided in the case of complaints, rescind or amend by order any decision made by it.

(b) Any order rescinding or amending a prior order or decision, when served upon the public utility affected and the other parties to the proceedings, shall have the same force and effect as is provided in this act for original orders or decisions. However, no such order shall affect the legality or validity of any acts done by the public utility or others before service upon it or them of the notice of the change.

Acts 1935, No. 324, § 31; Pope's Dig., § 2094; A.S.A. 1947, § 73-230.
Ark. Code Ann. § 23-17-224 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-224
Consolidation
Status: in_force

(a) (1) Any two (2) or more cooperatives may enter into an agreement subject to the approval by the required authorities, if any, for the consolidation of the cooperatives. (2) The agreement shall set forth the terms and conditions of the consolidation, the name and the proposed consolidated cooperative, the number of its directors, which shall be not fewer than five (5), the time of the annual meeting and election, and the names of at least five (5) persons to be directors until the first annual meeting. (3) Unless otherwise provided in the bylaws of either of the proposed consolidating cooperatives, if the agreement is approved by the votes of a majority of the members of each cooperative present in person or by proxy at any regular meeting, or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge as incorporators articles of consolidation conforming substantially to the original articles of incorporation of the cooperatives organized under this subchapter. (b) The articles of consolidation shall be executed, acknowledged, filed, and recorded in the same manner as the articles of incorporation of a cooperative organized under this subchapter. (c) As soon as the Secretary of State shall have accepted the articles of consolidation for filing and recording and issued a certificate of consolidation, the proposed consolidated cooperative described in the articles as its designated name shall be and become a body corporate with all of the powers of a cooperative as originally organized hereunder. (d) All of the rights, privileges, immunities, and franchises, and all real and personal property, including, without limitation, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating cooperatives shall be deemed to be transferred to and vested in the new cooperative without further act or deed. (e) The new cooperative shall be responsible and liable for all of the liabilities and obligations of each of the consolidating cooperatives. Any claim existing or actions or proceeding pending by or against any of the consolidating cooperatives may be prosecuted as if the consolidation had not taken place, but the new cooperative may be substituted in its place. (f) Neither the rights of creditors nor any liens upon the property of any of the consolidating cooperatives shall be impaired by the consolidation. Acts 1951, No. 51, § 28; A.S.A. 1947, § 77-1628; Acts 1989, No. 437, § 15; 1997, No. 316, § 8.

(a) (1) Any two (2) or more cooperatives may enter into an agreement subject to the approval by the required authorities, if any, for the consolidation of the cooperatives. (2) The agreement shall set forth the terms and conditions of the consolidation, the name and the proposed consolidated cooperative, the number of its directors, which shall be not fewer than five (5), the time of the annual meeting and election, and the names of at least five (5) persons to be directors until the first annual meeting. (3) Unless otherwise provided in the bylaws of either of the proposed consolidating cooperatives, if the agreement is approved by the votes of a majority of the members of each cooperative present in person or by proxy at any regular meeting, or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge as incorporators articles of consolidation conforming substantially to the original articles of incorporation of the cooperatives organized under this subchapter.

(1) Any two (2) or more cooperatives may enter into an agreement subject to the approval by the required authorities, if any, for the consolidation of the cooperatives.

(2) The agreement shall set forth the terms and conditions of the consolidation, the name and the proposed consolidated cooperative, the number of its directors, which shall be not fewer than five (5), the time of the annual meeting and election, and the names of at least five (5) persons to be directors until the first annual meeting.

(3) Unless otherwise provided in the bylaws of either of the proposed consolidating cooperatives, if the agreement is approved by the votes of a majority of the members of each cooperative present in person or by proxy at any regular meeting, or at any special meeting of its members called for that purpose, the directors named in the agreement shall sign and acknowledge as incorporators articles of consolidation conforming substantially to the original articles of incorporation of the cooperatives organized under this subchapter.

(b) The articles of consolidation shall be executed, acknowledged, filed, and recorded in the same manner as the articles of incorporation of a cooperative organized under this subchapter.

(c) As soon as the Secretary of State shall have accepted the articles of consolidation for filing and recording and issued a certificate of consolidation, the proposed consolidated cooperative described in the articles as its designated name shall be and become a body corporate with all of the powers of a cooperative as originally organized hereunder.

(d) All of the rights, privileges, immunities, and franchises, and all real and personal property, including, without limitation, applications for membership, all debts due on whatever account, and all other choses in action of each of the consolidating cooperatives shall be deemed to be transferred to and vested in the new cooperative without further act or deed.

(e) The new cooperative shall be responsible and liable for all of the liabilities and obligations of each of the consolidating cooperatives. Any claim existing or actions or proceeding pending by or against any of the consolidating cooperatives may be prosecuted as if the consolidation had not taken place, but the new cooperative may be substituted in its place.

(f) Neither the rights of creditors nor any liens upon the property of any of the consolidating cooperatives shall be impaired by the consolidation.

Acts 1951, No. 51, § 28; A.S.A. 1947, § 77-1628; Acts 1989, No. 437, § 15; 1997, No. 316, § 8.
Ark. Code Ann. § 23-111-409 — AR Code / Title 23 / Chapter 111 / Subchapter 4 / Section 23-111-409
Employment of special investigators and other personnel
Status: in_force

The Arkansas Racing Commission is authorized to employ such special investigators and other personnel as it shall deem necessary to investigate the personal background of officers, directors, and principal stockholders of applicants for and holders of dog racing franchises and to do and perform all other acts and functions it deems necessary to carry out the purpose and intent of §§ 23-111-401 - 23-111-405 , 23-111-407 , and 23-111-408 . Acts 1968 (2nd Ex. Sess.), No. 8, § 7; A.S.A. 1947, § 84-2823.7.

The Arkansas Racing Commission is authorized to employ such special investigators and other personnel as it shall deem necessary to investigate the personal background of officers, directors, and principal stockholders of applicants for and holders of dog racing franchises and to do and perform all other acts and functions it deems necessary to carry out the purpose and intent of §§ 23-111-401 - 23-111-405 , 23-111-407 , and 23-111-408 .

Acts 1968 (2nd Ex. Sess.), No. 8, § 7; A.S.A. 1947, § 84-2823.7.
Ark. Code Ann. § 23-61-208 — AR Code / Title 23 / Chapter 61 / Subchapter 2 / Section 23-61-208
Immunity from liability
Status: in_force

(a) No cause of action shall arise nor shall any liability be imposed against the Insurance Commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this subchapter. (b) No cause of action shall arise, nor shall any liability be imposed against, any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under this subchapter, if such an act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive. (c) This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a) of this section. (d) A person identified in subsection (a) of this section shall be entitled to an award of attorney's fees and costs, if that person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of his or her activities in carrying out the provisions of this subchapter, and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time it was initiated. Acts 1991, No. 723, § 8.

(a) No cause of action shall arise nor shall any liability be imposed against the Insurance Commissioner, the commissioner's authorized representatives, or any examiner appointed by the commissioner for any statements made or conduct performed in good faith while carrying out the provisions of this subchapter.

(b) No cause of action shall arise, nor shall any liability be imposed against, any person for the act of communicating or delivering information or data to the commissioner or the commissioner's authorized representative or examiner pursuant to an examination made under this subchapter, if such an act of communication or delivery was performed in good faith and without fraudulent intent or the intent to deceive.

(c) This section does not abrogate or modify in any way any common law or statutory privilege or immunity heretofore enjoyed by any person identified in subsection (a) of this section.

(d) A person identified in subsection (a) of this section shall be entitled to an award of attorney's fees and costs, if that person is the prevailing party in a civil cause of action for libel, slander, or any other relevant tort arising out of his or her activities in carrying out the provisions of this subchapter, and the party bringing the action was not substantially justified in doing so. For purposes of this section, a proceeding is "substantially justified" if it had a reasonable basis in law or fact at the time it was initiated.

Acts 1991, No. 723, § 8.
Ark. Code Ann. § 23-37-602 — AR Code / Title 23 / Chapter 37 / Subchapter 6 / Section 23-37-602
[Repealed]
Status: repealed

Repealed by Act 2021, No. 576,§ 4, eff. 7/28/2021. Acts 1963, No. 227, § 13; A.S.A. 1947, § 67-1813.

Repealed by Act 2021, No. 576,§ 4, eff. 7/28/2021.

Acts 1963, No. 227, § 13; A.S.A. 1947, § 67-1813.
Ark. Code Ann. § 23-85-119 — AR Code / Title 23 / Chapter 85 / Section 23-85-119
Optional change of occupation provision
Status: in_force

There may be a provision as follows: "Change of Occupation: If the insured is injured or contracts sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer, prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation, with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation." Acts 1959, No. 148, § 402; A.S.A. 1947, § 66-3617.

There may be a provision as follows:

"Change of Occupation: If the insured is injured or contracts sickness after having changed his occupation to one classified by the insurer as more hazardous than that stated in this policy or while doing for compensation anything pertaining to an occupation so classified, the insurer will pay only such portion of the indemnities provided in this policy as the premium paid would have purchased at the rates and within the limits fixed by the insurer for such more hazardous occupation. If the insured changes his occupation to one classified by the insurer as less hazardous than that stated in this policy, the insurer, upon receipt of proof of such change of occupation, will reduce the premium rate accordingly, and will return the excess pro rata unearned premium from the date of change of occupation or from the policy anniversary date immediately preceding receipt of such proof, whichever is the more recent. In applying this provision, the classification of occupational risk and the premium rates shall be such as have been last filed by the insurer, prior to the occurrence of the loss for which the insurer is liable or prior to date of proof of change in occupation, with the state official having supervision of insurance in the state where the insured resided at the time this policy was issued; but if such filing was not required, then the classification of occupational risk and the premium rates shall be those last made effective by the insurer in such state prior to the occurrence of the loss or prior to the date of proof of change in occupation."

Acts 1959, No. 148, § 402; A.S.A. 1947, § 66-3617.
Ark. Code Ann. § 23-3-203 — AR Code / Title 23 / Chapter 3 / Subchapter 2 / Section 23-3-203
Application for certificate
Status: in_force

(a) Every applicant for a certificate shall give notice of its application as the commission may require and shall file in the office of the commission evidence as shall be required by the commission to show that the applicant has received the consent, franchise, permit, ordinance, vote, or other authority of the proper municipality or other public authority if required. (b) Before any certificate may issue under § 23-3-205 , if the applicant therefor is a corporation, a certified copy of the articles of incorporation or charter shall be on file in the office of the commission. Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.

(a) Every applicant for a certificate shall give notice of its application as the commission may require and shall file in the office of the commission evidence as shall be required by the commission to show that the applicant has received the consent, franchise, permit, ordinance, vote, or other authority of the proper municipality or other public authority if required.

(b) Before any certificate may issue under § 23-3-205 , if the applicant therefor is a corporation, a certified copy of the articles of incorporation or charter shall be on file in the office of the commission.

Acts 1935, No. 324, § 43; Pope's Dig., § 2106; A.S.A. 1947, § 73-242.
Ark. Code Ann. § 23-63-530 — AR Code / Title 23 / Chapter 63 / Subchapter 5 / Section 23-63-530
Acquisitions involving insurers not otherwise covered - Inapplicable provisions
Status: in_force

Sections 23-63-520 and 23-63-523 do not apply to acquisitions covered under § 23-63-526 . Acts 1991, No. 723, § 29.

Sections 23-63-520 and 23-63-523 do not apply to acquisitions covered under § 23-63-526 .

Acts 1991, No. 723, § 29.
Ark. Code Ann. § 23-18-104 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-104
Construction of power-generating facilities outside the state
Status: in_force

(a) No public utility subject to the jurisdiction of the Arkansas Public Service Commission shall commence construction of any power-generating facility to be located outside the boundaries of this state without the express written approval of the commission. (b) Any public utility proposing such construction shall render adequate written notice to the commission of its intent in order that the commission may conduct any germane inspection, investigation, public hearing, or take any other action deemed appropriate by the commission. (c) Failure on the part of any public utility to obtain prior approval of the commission, as established in this section, shall constitute grounds for disallowance by the commission of all costs and expenses associated with the construction and subsequent operation of the facility when computing the utility's cost of service for purposes of any rate-making proceedings. (d) Any electric utility which does not own in whole or in part another electric utility and which is not owned in whole or in part by a holding company and which derives less than twenty-five percent (25%) of its total revenues from Arkansas customers is exempt from the provisions of this section. Acts 1985, No. 328, §§ 1-4; 1985, No. 918, §§ 1-4; A.S.A. 1947, §§ 73-279 -- 73-279.3; Acts 1999, No. 1556, § 8; 2001, No. 324, §§ 5, 6; 2003, No. 204, § 5.

(a) No public utility subject to the jurisdiction of the Arkansas Public Service Commission shall commence construction of any power-generating facility to be located outside the boundaries of this state without the express written approval of the commission.

(b) Any public utility proposing such construction shall render adequate written notice to the commission of its intent in order that the commission may conduct any germane inspection, investigation, public hearing, or take any other action deemed appropriate by the commission.

(c) Failure on the part of any public utility to obtain prior approval of the commission, as established in this section, shall constitute grounds for disallowance by the commission of all costs and expenses associated with the construction and subsequent operation of the facility when computing the utility's cost of service for purposes of any rate-making proceedings.

(d) Any electric utility which does not own in whole or in part another electric utility and which is not owned in whole or in part by a holding company and which derives less than twenty-five percent (25%) of its total revenues from Arkansas customers is exempt from the provisions of this section.

Acts 1985, No. 328, §§ 1-4; 1985, No. 918, §§ 1-4; A.S.A. 1947, §§ 73-279 -- 73-279.3; Acts 1999, No. 1556, § 8; 2001, No. 324, §§ 5, 6; 2003, No. 204, § 5.
Ark. Code Ann. § 23-18-315 — AR Code / Title 23 / Chapter 18 / Subchapter 3 / Section 23-18-315
Correction of defects of organization
Status: in_force

In the event any corporation has filed defective articles of incorporation or has failed to do all things necessary to perfect its corporate organization, it nevertheless may file corrected articles of incorporation or amend the original articles and do and perform all acts and things necessary in the premises for the correction of such defects. The action so taken shall be valid and binding upon all persons concerned. The capacity of the corporation to file corrected articles of incorporation or amendments to the original articles or to do and perform all acts and things necessary in the premises shall not be questioned. Acts 1937, No. 342, § 33; Pope's Dig., § 2347; A.S.A. 1947, § 77-1133.

In the event any corporation has filed defective articles of incorporation or has failed to do all things necessary to perfect its corporate organization, it nevertheless may file corrected articles of incorporation or amend the original articles and do and perform all acts and things necessary in the premises for the correction of such defects. The action so taken shall be valid and binding upon all persons concerned. The capacity of the corporation to file corrected articles of incorporation or amendments to the original articles or to do and perform all acts and things necessary in the premises shall not be questioned.

Acts 1937, No. 342, § 33; Pope's Dig., § 2347; A.S.A. 1947, § 77-1133.
Ark. Code Ann. § 23-81-211 — AR Code / Title 23 / Chapter 81 / Subchapter 2 / Section 23-81-211
Calculation of certain cash surrender values and nonforfeiture benefits in event of default
Status: in_force

(a) Any cash surrender value and any paid-up nonforfeiture benefit, available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary. (b) All values referred to in §§ 23-81-204 - 23-81-209 may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death. (c) The net value of any paid-up additions, other than paid-up term additions, shall be not less than the amounts used to provide the additions. (d) Notwithstanding the provisions of § 23-81-204 , additional benefits are payable: (1) In the event of death or dismemberment by accident or accidental means; (2) In the event of total and permanent disability; (3) As reversionary annuity or deferred benefits; (4) As term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this subchapter would not apply; (5) As term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if the term insurance expires before the child is twenty-six (26) years of age, is uniform in amount after the child's age is one (1) year, and has not become paid up by reason of the death of a parent of the child; and (6) As other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits, shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this subchapter, and no additional benefits shall be required to be included in any paid-up nonforfeiture benefits. Acts 1959, No. 148, § 336; 1961, No. 466, § 6; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.

(a) Any cash surrender value and any paid-up nonforfeiture benefit, available under the policy in the event of default in a premium payment due at any time other than on the policy anniversary, shall be calculated with allowance for the lapse of time and the payment of fractional premiums beyond the last preceding policy anniversary.

(b) All values referred to in §§ 23-81-204 - 23-81-209 may be calculated upon the assumption that any death benefit is payable at the end of the policy year of death.

(c) The net value of any paid-up additions, other than paid-up term additions, shall be not less than the amounts used to provide the additions.

(d) Notwithstanding the provisions of § 23-81-204 , additional benefits are payable: (1) In the event of death or dismemberment by accident or accidental means; (2) In the event of total and permanent disability; (3) As reversionary annuity or deferred benefits; (4) As term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this subchapter would not apply; (5) As term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if the term insurance expires before the child is twenty-six (26) years of age, is uniform in amount after the child's age is one (1) year, and has not become paid up by reason of the death of a parent of the child; and (6) As other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits, shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this subchapter, and no additional benefits shall be required to be included in any paid-up nonforfeiture benefits.

(1) In the event of death or dismemberment by accident or accidental means;

(2) In the event of total and permanent disability;

(3) As reversionary annuity or deferred benefits;

(4) As term insurance benefits provided by a rider or supplemental policy provision to which, if issued as a separate policy, this subchapter would not apply;

(5) As term insurance on the life of a child or on the lives of children provided in a policy on the life of a parent of the child, if the term insurance expires before the child is twenty-six (26) years of age, is uniform in amount after the child's age is one (1) year, and has not become paid up by reason of the death of a parent of the child; and

(6) As other policy benefits additional to life insurance and endowment benefits, and premiums for all such additional benefits, shall be disregarded in ascertaining cash surrender values and nonforfeiture benefits required by this subchapter, and no additional benefits shall be required to be included in any paid-up nonforfeiture benefits.

Acts 1959, No. 148, § 336; 1961, No. 466, § 6; 1981, No. 535, § 2; A.S.A. 1947, § 66-3327.
Ark. Code Ann. § 23-79-209 — AR Code / Title 23 / Chapter 79 / Subchapter 2 / Section 23-79-209
Allowance of attorney's fees in suits to terminate, modify, or reinstate policy
Status: in_force

(a) In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effect of depriving the holder of the policy of any of his or her rights thereunder, or in a suit for a declaratory judgment under the policy, or in a suit by the holder of the policy to require the company to reinstate the policy, the company shall also be liable to pay the holder of the policy all reasonable attorney's fees for the defense or prosecution of the suit, as the case may be. (b) The fees shall be based on the face amount of the policy involved. (c) The attorney's fees shall be taxed by the court where the suit is heard on original action, by appeal or otherwise, and shall be taxed up as a part of the costs therein and collected as other costs are or may be by law collected. Acts 1959, No. 148, § 306; A.S.A. 1947, § 66-3239; Acts 2001, No. 1604, § 114.

(a) In all suits in which the judgment or decree of a court is against a life, property, accident and health, or liability insurance company, either in a suit by it to cancel or lapse a policy or to change or alter the terms or conditions thereof in any way that may have the effect of depriving the holder of the policy of any of his or her rights thereunder, or in a suit for a declaratory judgment under the policy, or in a suit by the holder of the policy to require the company to reinstate the policy, the company shall also be liable to pay the holder of the policy all reasonable attorney's fees for the defense or prosecution of the suit, as the case may be.

(b) The fees shall be based on the face amount of the policy involved.

(c) The attorney's fees shall be taxed by the court where the suit is heard on original action, by appeal or otherwise, and shall be taxed up as a part of the costs therein and collected as other costs are or may be by law collected.

Acts 1959, No. 148, § 306; A.S.A. 1947, § 66-3239; Acts 2001, No. 1604, § 114.