Ark. Code Ann. § 23-64-233 — AR Code / Title 23 / Chapter 64 / Subchapter 2 / Section 23-64-233
Limited license for self-service storage insurance - Definitions
Status: in_force

(a) As used in this section: (1) "Customer" means an individual or entity that obtains the use of a storage space from a self-service storage facility under the terms of a self-service storage rental agreement; (2) "Insured customer" means a customer that purchases insurance under a self-service storage insurance policy that is sold, solicited, or negotiated by a self-service storage facility; (3) "Limited licensee" means an owner authorized by this section to sell certain coverages relating to the rental of space within a self-service storage facility; (4) (A) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility. (B) "Owner" includes an owner's agent and any other person authorized by the owner to manage the self-service storage facility or to receive rent from a customer under a rental agreement; (5) "Personal property" means movable property not affixed to land and includes without limitation goods, wares, merchandise, household items, and vehicles; (6) "Rental agreement" means a written agreement or lease that establishes or modifies the terms, conditions, rules, or other provisions concerning the use and occupancy of a self-service storage facility; (7) (A) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to customers that are given access to the storage space to store and remove personal property. (B) "Self-service storage facility" does not include storage space that is used for residential purposes; (8) (A) "Self-service storage insurance" means insurance that provides coverage for personal property stored at a self-service storage facility during the term of an insured customer's rental agreement against any one (1) or more of the following causes: (i) Loss; (ii) Theft; (iii) Damage; or (iv) Other loss directly related to the rental of the self-service storage space. (B) "Self-service storage insurance" does not include: (i) Homeowners or renters insurance; or (ii) Private passenger automobile, commercial multi-peril, or similar insurance; and (9) "Supervising entity" means a business entity that is an insurer or insurance producer licensed under the insurance laws of this state. (b) The Insurance Commissioner may issue to a self-service storage facility that has complied with the requirements of this section a limited license authorizing the limited licensee to offer or sell insurance in connection with the rental of self-service storage facilities and the corresponding rental agreements. (c) A self-service storage facility shall not sell or offer insurance in connection with the rental of storage space unless the owner has procured a limited license from the commissioner. (d) The commissioner may issue a limited license to an owner upon written application by the owner, without examination, on a form prescribed by the commissioner. (e) If this section is violated by a limited licensee or by the limited licensee's employee or authorized representative, the commissioner after notice and a hearing may impose: (1) A fine not to exceed five hundred dollars ($500) for each violation or five thousand dollars ($5,000) in the aggregate; and (2) Other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this section, including without limitation: (A) Suspending the privilege of transacting self-service storage insurance under this section at a specific self-service storage facility where a violation has occurred; and (B) Suspending or revoking the ability of an individual employee or authorized representative of the owner to act under the owner's limited license. (f) A limited licensee is authorized to offer or sell coverage under a policy of self-service storage insurance on behalf of a licensed insurer only: (1) In connection with a rental agreement; (2) As an individual policy issued to an individual customer for personal property insurance; (3) For policy forms and rates that have been filed in compliance with § 23-67-201 et seq. and § 23-79-101 et seq.; and (4) (A) When brochures or other written materials have been filed with the commissioner in compliance with § 23-79-101 et seq. and are made readily available to each prospective customer. (B) The brochures or other written materials shall: (i) Disclose that self-service storage insurance may duplicate coverage already provided under a customer's homeowners insurance policy, renters insurance policy, or other coverage; (ii) State that the purchase by the customer of self-service storage insurance is not required in order to lease self-service storage space; (iii) Clearly and correctly summarize the material terms of each self-service storage insurance policy offered to customers, including without limitation: (a) The identity of the insurer; (b) The identity of the supervising entity; (c) The amount of any applicable deductible and how it is to be paid; (d) The benefits of the coverage; and (e) The key terms and conditions of coverage, including without limitation whether covered property may be repaired or replaced; (iv) Summarize the process for filing a claim; (v) State that the insured customer may cancel coverage under the self-service storage insurance policy at any time, and the person paying the premium will receive a refund of any unearned premium; (vi) Disclose that a limited licensee or the employee of the limited licensee may not evaluate or provide advice concerning a prospective occupant's existing insurance coverage; and (vii) State that the self-service storage facility limited licensee or the employee of the limited licensee is not and may not claim to be a licensed nonlimited lines insurance producer or an insurance expert. (g) Evidence of self-service storage insurance coverage and its terms and conditions shall be disclosed within the rental agreement and provided to every customer who elects to purchase self-service storage insurance coverage. (h) A limited license authorizes an employee or an authorized representative of the limited licensee to act individually on behalf of and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subchapter if the employee or authorized representative of the employee does not: (1) Evaluate or provide advice concerning a prospective customer's existing insurance coverage; (2) Claim to be a licensed nonlimited lines insurance producer or an insurance expert; or (3) (A) Obtain compensation based primarily on the numbers of customers enrolled for self-service storage insurance coverage. (B) However, the employee or authorized representative of the employee may receive compensation for activities under the limited lines license which is incidental to overall compensation. (i) (1) A limited licensee shall conduct a training program for each employee and authorized representative of an employee that offer self-service storage insurance. (2) The training program shall include basic instruction about the kinds of coverage specified in this section and offered for purchase by prospective customers of self-service storage facilities. (j) (1) Charges for self-service storage insurance may be billed and collected by the self-service storage facility. (2) If the insurance cost is not included in the fees associated with the self-service storage rental agreement, the insurance cost shall be separately itemized on the insured customer's bill. (3) If the insurance cost is included in the fee associated with a self-service storage rental agreement, the self-service storage facility shall clearly and conspicuously disclose within the rental agreement the price of the self-service storage insurance coverage. (4) A self-service storage facility that bills and collects the charges for self-service storage insurance shall not be required to maintain the funds in a segregated account if the owner: (A) Is authorized by the insurer to hold the funds in an alternative manner; and (B) Remits the funds to the supervising entity within sixty (60) days of receipt of the funds. (5) Funds received from an insured customer for the sale of self-service storage insurance shall be held in trust by the owner in a fiduciary capacity for the benefit of the insurer. (6) Owners may receive compensation from the insurer for billing and collecting self-service storage insurance. Added by Act 2013, No. 588,§ 1, eff. 8/16/2013.

(a) As used in this section: (1) "Customer" means an individual or entity that obtains the use of a storage space from a self-service storage facility under the terms of a self-service storage rental agreement; (2) "Insured customer" means a customer that purchases insurance under a self-service storage insurance policy that is sold, solicited, or negotiated by a self-service storage facility; (3) "Limited licensee" means an owner authorized by this section to sell certain coverages relating to the rental of space within a self-service storage facility; (4) (A) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility. (B) "Owner" includes an owner's agent and any other person authorized by the owner to manage the self-service storage facility or to receive rent from a customer under a rental agreement; (5) "Personal property" means movable property not affixed to land and includes without limitation goods, wares, merchandise, household items, and vehicles; (6) "Rental agreement" means a written agreement or lease that establishes or modifies the terms, conditions, rules, or other provisions concerning the use and occupancy of a self-service storage facility; (7) (A) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to customers that are given access to the storage space to store and remove personal property. (B) "Self-service storage facility" does not include storage space that is used for residential purposes; (8) (A) "Self-service storage insurance" means insurance that provides coverage for personal property stored at a self-service storage facility during the term of an insured customer's rental agreement against any one (1) or more of the following causes: (i) Loss; (ii) Theft; (iii) Damage; or (iv) Other loss directly related to the rental of the self-service storage space. (B) "Self-service storage insurance" does not include: (i) Homeowners or renters insurance; or (ii) Private passenger automobile, commercial multi-peril, or similar insurance; and (9) "Supervising entity" means a business entity that is an insurer or insurance producer licensed under the insurance laws of this state.

(1) "Customer" means an individual or entity that obtains the use of a storage space from a self-service storage facility under the terms of a self-service storage rental agreement;

(2) "Insured customer" means a customer that purchases insurance under a self-service storage insurance policy that is sold, solicited, or negotiated by a self-service storage facility;

(3) "Limited licensee" means an owner authorized by this section to sell certain coverages relating to the rental of space within a self-service storage facility;

(4) (A) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility. (B) "Owner" includes an owner's agent and any other person authorized by the owner to manage the self-service storage facility or to receive rent from a customer under a rental agreement;

(A) "Owner" means the owner, operator, lessor, or sublessor of a self-service storage facility.

(B) "Owner" includes an owner's agent and any other person authorized by the owner to manage the self-service storage facility or to receive rent from a customer under a rental agreement;

(5) "Personal property" means movable property not affixed to land and includes without limitation goods, wares, merchandise, household items, and vehicles;

(6) "Rental agreement" means a written agreement or lease that establishes or modifies the terms, conditions, rules, or other provisions concerning the use and occupancy of a self-service storage facility;

(7) (A) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to customers that are given access to the storage space to store and remove personal property. (B) "Self-service storage facility" does not include storage space that is used for residential purposes;

(A) "Self-service storage facility" means any real property designed and used for the purpose of renting or leasing storage space to customers that are given access to the storage space to store and remove personal property.

(B) "Self-service storage facility" does not include storage space that is used for residential purposes;

(8) (A) "Self-service storage insurance" means insurance that provides coverage for personal property stored at a self-service storage facility during the term of an insured customer's rental agreement against any one (1) or more of the following causes: (i) Loss; (ii) Theft; (iii) Damage; or (iv) Other loss directly related to the rental of the self-service storage space. (B) "Self-service storage insurance" does not include: (i) Homeowners or renters insurance; or (ii) Private passenger automobile, commercial multi-peril, or similar insurance; and

(A) "Self-service storage insurance" means insurance that provides coverage for personal property stored at a self-service storage facility during the term of an insured customer's rental agreement against any one (1) or more of the following causes: (i) Loss; (ii) Theft; (iii) Damage; or (iv) Other loss directly related to the rental of the self-service storage space.

(i) Loss;

(ii) Theft;

(iii) Damage; or

(iv) Other loss directly related to the rental of the self-service storage space.

(B) "Self-service storage insurance" does not include: (i) Homeowners or renters insurance; or (ii) Private passenger automobile, commercial multi-peril, or similar insurance; and

(i) Homeowners or renters insurance; or

(ii) Private passenger automobile, commercial multi-peril, or similar insurance; and

(9) "Supervising entity" means a business entity that is an insurer or insurance producer licensed under the insurance laws of this state.

(b) The Insurance Commissioner may issue to a self-service storage facility that has complied with the requirements of this section a limited license authorizing the limited licensee to offer or sell insurance in connection with the rental of self-service storage facilities and the corresponding rental agreements.

(c) A self-service storage facility shall not sell or offer insurance in connection with the rental of storage space unless the owner has procured a limited license from the commissioner.

(d) The commissioner may issue a limited license to an owner upon written application by the owner, without examination, on a form prescribed by the commissioner.

(e) If this section is violated by a limited licensee or by the limited licensee's employee or authorized representative, the commissioner after notice and a hearing may impose: (1) A fine not to exceed five hundred dollars ($500) for each violation or five thousand dollars ($5,000) in the aggregate; and (2) Other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this section, including without limitation: (A) Suspending the privilege of transacting self-service storage insurance under this section at a specific self-service storage facility where a violation has occurred; and (B) Suspending or revoking the ability of an individual employee or authorized representative of the owner to act under the owner's limited license.

(1) A fine not to exceed five hundred dollars ($500) for each violation or five thousand dollars ($5,000) in the aggregate; and

(2) Other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this section, including without limitation: (A) Suspending the privilege of transacting self-service storage insurance under this section at a specific self-service storage facility where a violation has occurred; and (B) Suspending or revoking the ability of an individual employee or authorized representative of the owner to act under the owner's limited license.

(A) Suspending the privilege of transacting self-service storage insurance under this section at a specific self-service storage facility where a violation has occurred; and

(B) Suspending or revoking the ability of an individual employee or authorized representative of the owner to act under the owner's limited license.

(f) A limited licensee is authorized to offer or sell coverage under a policy of self-service storage insurance on behalf of a licensed insurer only: (1) In connection with a rental agreement; (2) As an individual policy issued to an individual customer for personal property insurance; (3) For policy forms and rates that have been filed in compliance with § 23-67-201 et seq. and § 23-79-101 et seq.; and (4) (A) When brochures or other written materials have been filed with the commissioner in compliance with § 23-79-101 et seq. and are made readily available to each prospective customer. (B) The brochures or other written materials shall: (i) Disclose that self-service storage insurance may duplicate coverage already provided under a customer's homeowners insurance policy, renters insurance policy, or other coverage; (ii) State that the purchase by the customer of self-service storage insurance is not required in order to lease self-service storage space; (iii) Clearly and correctly summarize the material terms of each self-service storage insurance policy offered to customers, including without limitation: (a) The identity of the insurer; (b) The identity of the supervising entity; (c) The amount of any applicable deductible and how it is to be paid; (d) The benefits of the coverage; and (e) The key terms and conditions of coverage, including without limitation whether covered property may be repaired or replaced; (iv) Summarize the process for filing a claim; (v) State that the insured customer may cancel coverage under the self-service storage insurance policy at any time, and the person paying the premium will receive a refund of any unearned premium; (vi) Disclose that a limited licensee or the employee of the limited licensee may not evaluate or provide advice concerning a prospective occupant's existing insurance coverage; and (vii) State that the self-service storage facility limited licensee or the employee of the limited licensee is not and may not claim to be a licensed nonlimited lines insurance producer or an insurance expert.

(1) In connection with a rental agreement;

(2) As an individual policy issued to an individual customer for personal property insurance;

(3) For policy forms and rates that have been filed in compliance with § 23-67-201 et seq. and § 23-79-101 et seq.; and

(4) (A) When brochures or other written materials have been filed with the commissioner in compliance with § 23-79-101 et seq. and are made readily available to each prospective customer. (B) The brochures or other written materials shall: (i) Disclose that self-service storage insurance may duplicate coverage already provided under a customer's homeowners insurance policy, renters insurance policy, or other coverage; (ii) State that the purchase by the customer of self-service storage insurance is not required in order to lease self-service storage space; (iii) Clearly and correctly summarize the material terms of each self-service storage insurance policy offered to customers, including without limitation: (a) The identity of the insurer; (b) The identity of the supervising entity; (c) The amount of any applicable deductible and how it is to be paid; (d) The benefits of the coverage; and (e) The key terms and conditions of coverage, including without limitation whether covered property may be repaired or replaced; (iv) Summarize the process for filing a claim; (v) State that the insured customer may cancel coverage under the self-service storage insurance policy at any time, and the person paying the premium will receive a refund of any unearned premium; (vi) Disclose that a limited licensee or the employee of the limited licensee may not evaluate or provide advice concerning a prospective occupant's existing insurance coverage; and (vii) State that the self-service storage facility limited licensee or the employee of the limited licensee is not and may not claim to be a licensed nonlimited lines insurance producer or an insurance expert.

(A) When brochures or other written materials have been filed with the commissioner in compliance with § 23-79-101 et seq. and are made readily available to each prospective customer.

(B) The brochures or other written materials shall: (i) Disclose that self-service storage insurance may duplicate coverage already provided under a customer's homeowners insurance policy, renters insurance policy, or other coverage; (ii) State that the purchase by the customer of self-service storage insurance is not required in order to lease self-service storage space; (iii) Clearly and correctly summarize the material terms of each self-service storage insurance policy offered to customers, including without limitation: (a) The identity of the insurer; (b) The identity of the supervising entity; (c) The amount of any applicable deductible and how it is to be paid; (d) The benefits of the coverage; and (e) The key terms and conditions of coverage, including without limitation whether covered property may be repaired or replaced; (iv) Summarize the process for filing a claim; (v) State that the insured customer may cancel coverage under the self-service storage insurance policy at any time, and the person paying the premium will receive a refund of any unearned premium; (vi) Disclose that a limited licensee or the employee of the limited licensee may not evaluate or provide advice concerning a prospective occupant's existing insurance coverage; and (vii) State that the self-service storage facility limited licensee or the employee of the limited licensee is not and may not claim to be a licensed nonlimited lines insurance producer or an insurance expert.

(i) Disclose that self-service storage insurance may duplicate coverage already provided under a customer's homeowners insurance policy, renters insurance policy, or other coverage;

(ii) State that the purchase by the customer of self-service storage insurance is not required in order to lease self-service storage space;

(iii) Clearly and correctly summarize the material terms of each self-service storage insurance policy offered to customers, including without limitation: (a) The identity of the insurer; (b) The identity of the supervising entity; (c) The amount of any applicable deductible and how it is to be paid; (d) The benefits of the coverage; and (e) The key terms and conditions of coverage, including without limitation whether covered property may be repaired or replaced;

(a) The identity of the insurer;

(b) The identity of the supervising entity;

(c) The amount of any applicable deductible and how it is to be paid;

(d) The benefits of the coverage; and

(e) The key terms and conditions of coverage, including without limitation whether covered property may be repaired or replaced;

(iv) Summarize the process for filing a claim;

(v) State that the insured customer may cancel coverage under the self-service storage insurance policy at any time, and the person paying the premium will receive a refund of any unearned premium;

(vi) Disclose that a limited licensee or the employee of the limited licensee may not evaluate or provide advice concerning a prospective occupant's existing insurance coverage; and

(vii) State that the self-service storage facility limited licensee or the employee of the limited licensee is not and may not claim to be a licensed nonlimited lines insurance producer or an insurance expert.

(g) Evidence of self-service storage insurance coverage and its terms and conditions shall be disclosed within the rental agreement and provided to every customer who elects to purchase self-service storage insurance coverage.

(h) A limited license authorizes an employee or an authorized representative of the limited licensee to act individually on behalf of and under the supervision of the limited licensee with respect to the kinds of coverage specified in this subchapter if the employee or authorized representative of the employee does not: (1) Evaluate or provide advice concerning a prospective customer's existing insurance coverage; (2) Claim to be a licensed nonlimited lines insurance producer or an insurance expert; or (3) (A) Obtain compensation based primarily on the numbers of customers enrolled for self-service storage insurance coverage. (B) However, the employee or authorized representative of the employee may receive compensation for activities under the limited lines license which is incidental to overall compensation.

(1) Evaluate or provide advice concerning a prospective customer's existing insurance coverage;

(2) Claim to be a licensed nonlimited lines insurance producer or an insurance expert; or

(3) (A) Obtain compensation based primarily on the numbers of customers enrolled for self-service storage insurance coverage. (B) However, the employee or authorized representative of the employee may receive compensation for activities under the limited lines license which is incidental to overall compensation.

(A) Obtain compensation based primarily on the numbers of customers enrolled for self-service storage insurance coverage.

(B) However, the employee or authorized representative of the employee may receive compensation for activities under the limited lines license which is incidental to overall compensation.

(i) (1) A limited licensee shall conduct a training program for each employee and authorized representative of an employee that offer self-service storage insurance. (2) The training program shall include basic instruction about the kinds of coverage specified in this section and offered for purchase by prospective customers of self-service storage facilities.

(1) A limited licensee shall conduct a training program for each employee and authorized representative of an employee that offer self-service storage insurance.

(2) The training program shall include basic instruction about the kinds of coverage specified in this section and offered for purchase by prospective customers of self-service storage facilities.

(j) (1) Charges for self-service storage insurance may be billed and collected by the self-service storage facility. (2) If the insurance cost is not included in the fees associated with the self-service storage rental agreement, the insurance cost shall be separately itemized on the insured customer's bill. (3) If the insurance cost is included in the fee associated with a self-service storage rental agreement, the self-service storage facility shall clearly and conspicuously disclose within the rental agreement the price of the self-service storage insurance coverage. (4) A self-service storage facility that bills and collects the charges for self-service storage insurance shall not be required to maintain the funds in a segregated account if the owner: (A) Is authorized by the insurer to hold the funds in an alternative manner; and (B) Remits the funds to the supervising entity within sixty (60) days of receipt of the funds. (5) Funds received from an insured customer for the sale of self-service storage insurance shall be held in trust by the owner in a fiduciary capacity for the benefit of the insurer. (6) Owners may receive compensation from the insurer for billing and collecting self-service storage insurance.

(1) Charges for self-service storage insurance may be billed and collected by the self-service storage facility.

(2) If the insurance cost is not included in the fees associated with the self-service storage rental agreement, the insurance cost shall be separately itemized on the insured customer's bill.

(3) If the insurance cost is included in the fee associated with a self-service storage rental agreement, the self-service storage facility shall clearly and conspicuously disclose within the rental agreement the price of the self-service storage insurance coverage.

(4) A self-service storage facility that bills and collects the charges for self-service storage insurance shall not be required to maintain the funds in a segregated account if the owner: (A) Is authorized by the insurer to hold the funds in an alternative manner; and (B) Remits the funds to the supervising entity within sixty (60) days of receipt of the funds.

(A) Is authorized by the insurer to hold the funds in an alternative manner; and

(B) Remits the funds to the supervising entity within sixty (60) days of receipt of the funds.

(5) Funds received from an insured customer for the sale of self-service storage insurance shall be held in trust by the owner in a fiduciary capacity for the benefit of the insurer.

(6) Owners may receive compensation from the insurer for billing and collecting self-service storage insurance.

Added by Act 2013, No. 588,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 23-12-103 — AR Code / Title 23 / Chapter 12 / Subchapter 1 / Section 23-12-103
Unsafe tracks, bridges, etc. - Inspection - Notice to railroad of necessary repairs, etc. - Failure to repair or to stop traffic - Liability for injuries - Penalties
Status: in_force

(a) (1) It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any railroads in this state are in a condition that renders any of them dangerous or unfit for the transportation of passengers with reasonable safety. (2) If, upon examination, in its opinion, any such tracks, bridges, or other structures or works are unfit for the transportation of passengers with reasonable safety, it shall be its duty to give to the superintendent or other executive officer of the company working or operating the defective tracks, bridges, or other structures notice of the condition thereof, and of the repairs necessary to place them in safe condition. The department may also order and direct the speed of trains over such dangerous and defective tracks, bridges, or other structures until the repairs are made and the time within which the repairs shall be made by the company. (b) (1) If any such superintendent or executive officer receiving the notice and order willfully neglects, for the period of two (2) days after receiving the notice and order, to direct the proper subordinate officers to move the passenger trains over the defective track, bridge, or other structure at the speed prescribed by the department, or if any engineer, conductor, or other employee of the company disobeys the order of the superintendent or officer whose duty it is to issue the order, then every such superintendent, conductor, engineer, or other employee shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding five hundred dollars ($500) or be imprisoned in the county jail of the proper county for a period not exceeding one (1) year, or both, at the discretion of the court. (2) In case the disregard of the instructions of the department shall cause any accident whereby human life shall be lost or passengers maimed or wounded, the superintendent of the company, and the engineer and conductor in charge of the train, shall severally be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for a period of not fewer than two (2) nor more than ten (10) years. (3) The department shall have power to wholly stop the running of passenger trains over the defective track, bridge, or other structure. (c) The department is required, in case any company fails to repair the track, bridge, or other structure within the time required, to give notice of the fact to the traveling public in some newspaper having a general circulation along the line of the railroad. (d) The department may recover from the railroad company the sum of one thousand dollars ($1,000) for each day that expires after the time fixed by the department for the repair of the defective track, bridge, or other structure for neglect to repair the same unless good and sufficient cause can be shown for the failure to repair the defective track, bridge, or other structure. Such sum may be recovered before any court having competent jurisdiction for the use and benefit of the State of Arkansas, after paying the costs of the advertisement herein provided for. Amended by Act 2017, No. 707,§ 171, eff. 8/1/2017. Acts 1909, No. 163, § 1, p. 502; C. & M. Dig., § 1633; Pope's Dig., § 1954; A.S.A. 1947, § 73-613.

(a) (1) It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any railroads in this state are in a condition that renders any of them dangerous or unfit for the transportation of passengers with reasonable safety. (2) If, upon examination, in its opinion, any such tracks, bridges, or other structures or works are unfit for the transportation of passengers with reasonable safety, it shall be its duty to give to the superintendent or other executive officer of the company working or operating the defective tracks, bridges, or other structures notice of the condition thereof, and of the repairs necessary to place them in safe condition. The department may also order and direct the speed of trains over such dangerous and defective tracks, bridges, or other structures until the repairs are made and the time within which the repairs shall be made by the company.

(1) It shall be the duty of the Arkansas Department of Transportation to inspect and examine the tracks, bridges, or other structures whenever it has reasonable grounds, either upon complaint or otherwise, to believe that any of the tracks, bridges, or other structures of any railroads in this state are in a condition that renders any of them dangerous or unfit for the transportation of passengers with reasonable safety.

(2) If, upon examination, in its opinion, any such tracks, bridges, or other structures or works are unfit for the transportation of passengers with reasonable safety, it shall be its duty to give to the superintendent or other executive officer of the company working or operating the defective tracks, bridges, or other structures notice of the condition thereof, and of the repairs necessary to place them in safe condition. The department may also order and direct the speed of trains over such dangerous and defective tracks, bridges, or other structures until the repairs are made and the time within which the repairs shall be made by the company.

(b) (1) If any such superintendent or executive officer receiving the notice and order willfully neglects, for the period of two (2) days after receiving the notice and order, to direct the proper subordinate officers to move the passenger trains over the defective track, bridge, or other structure at the speed prescribed by the department, or if any engineer, conductor, or other employee of the company disobeys the order of the superintendent or officer whose duty it is to issue the order, then every such superintendent, conductor, engineer, or other employee shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding five hundred dollars ($500) or be imprisoned in the county jail of the proper county for a period not exceeding one (1) year, or both, at the discretion of the court. (2) In case the disregard of the instructions of the department shall cause any accident whereby human life shall be lost or passengers maimed or wounded, the superintendent of the company, and the engineer and conductor in charge of the train, shall severally be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for a period of not fewer than two (2) nor more than ten (10) years. (3) The department shall have power to wholly stop the running of passenger trains over the defective track, bridge, or other structure.

(1) If any such superintendent or executive officer receiving the notice and order willfully neglects, for the period of two (2) days after receiving the notice and order, to direct the proper subordinate officers to move the passenger trains over the defective track, bridge, or other structure at the speed prescribed by the department, or if any engineer, conductor, or other employee of the company disobeys the order of the superintendent or officer whose duty it is to issue the order, then every such superintendent, conductor, engineer, or other employee shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not exceeding five hundred dollars ($500) or be imprisoned in the county jail of the proper county for a period not exceeding one (1) year, or both, at the discretion of the court.

(2) In case the disregard of the instructions of the department shall cause any accident whereby human life shall be lost or passengers maimed or wounded, the superintendent of the company, and the engineer and conductor in charge of the train, shall severally be deemed guilty of a felony and upon conviction shall be imprisoned in the penitentiary for a period of not fewer than two (2) nor more than ten (10) years.

(3) The department shall have power to wholly stop the running of passenger trains over the defective track, bridge, or other structure.

(c) The department is required, in case any company fails to repair the track, bridge, or other structure within the time required, to give notice of the fact to the traveling public in some newspaper having a general circulation along the line of the railroad.

(d) The department may recover from the railroad company the sum of one thousand dollars ($1,000) for each day that expires after the time fixed by the department for the repair of the defective track, bridge, or other structure for neglect to repair the same unless good and sufficient cause can be shown for the failure to repair the defective track, bridge, or other structure. Such sum may be recovered before any court having competent jurisdiction for the use and benefit of the State of Arkansas, after paying the costs of the advertisement herein provided for.

Amended by Act 2017, No. 707,§ 171, eff. 8/1/2017.

Acts 1909, No. 163, § 1, p. 502; C. & M. Dig., § 1633; Pope's Dig., § 1954; A.S.A. 1947, § 73-613.
Ark. Code Ann. § 23-2-315 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-315
Reports by commission
Status: in_force

The Arkansas Public Service Commission shall make and submit to the Governor during the month of June of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year, together with such other facts, suggestions, and recommendations as it may deem of value to the people of the state. Acts 1935, No. 324, § 14; Pope's Dig., § 2077; A.S.A. 1947, § 73-141; Acts 1989, No. 594, § 1; 2009, No. 246, § 1.

The Arkansas Public Service Commission shall make and submit to the Governor during the month of June of each year a report containing a full and complete account of its transactions and proceedings for the preceding calendar year, together with such other facts, suggestions, and recommendations as it may deem of value to the people of the state.

Acts 1935, No. 324, § 14; Pope's Dig., § 2077; A.S.A. 1947, § 73-141; Acts 1989, No. 594, § 1; 2009, No. 246, § 1.
Ark. Code Ann. § 23-55-501 — AR Code / Title 23 / Chapter 55 / Section 23-55-501
Relationship between licensee and authorized delegate
Status: in_force

(a) In this section, "remit" means to make direct payments of money to a licensee or its representative authorized to receive money or to deposit money in a bank in an account specified by the licensee. (b) A contract between a licensee and an authorized delegate must require the authorized delegate to operate in full compliance with this chapter. The licensee shall furnish in a record to each authorized delegate policies and procedures sufficient for compliance with this chapter. (c) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate. (d) If a license is suspended or revoked, the commissioner shall notify all authorized delegates of the licensee whose names are in a record filed with the commissioner of the suspension, revocation, or non-renewal. After notice is sent or publication is made, an authorized delegate shall immediately cease to provide money services as a delegate of the licensee. (e) An authorized delegate may not provide money services outside the scope of activity permissible under the contract between the authorized delegate and the licensee, except activity in which the authorized delegate is authorized to engage under § 23-55-201 et seq. or § 23-55-401 et seq. An authorized delegate of a licensee holds in trust for the benefit of the licensee all money net of fees received from money transmission. (f) An authorized delegate may not use a subdelegate to conduct money services on behalf of a licensee. Amended by Act 2021, No. 532,§ 15, eff. 7/28/2021. Acts 2007, No. 1595, § 1.

(a) In this section, "remit" means to make direct payments of money to a licensee or its representative authorized to receive money or to deposit money in a bank in an account specified by the licensee.

(b) A contract between a licensee and an authorized delegate must require the authorized delegate to operate in full compliance with this chapter. The licensee shall furnish in a record to each authorized delegate policies and procedures sufficient for compliance with this chapter.

(c) An authorized delegate shall remit all money owing to the licensee in accordance with the terms of the contract between the licensee and the authorized delegate.

(d) If a license is suspended or revoked, the commissioner shall notify all authorized delegates of the licensee whose names are in a record filed with the commissioner of the suspension, revocation, or non-renewal. After notice is sent or publication is made, an authorized delegate shall immediately cease to provide money services as a delegate of the licensee.

(e) An authorized delegate may not provide money services outside the scope of activity permissible under the contract between the authorized delegate and the licensee, except activity in which the authorized delegate is authorized to engage under § 23-55-201 et seq. or § 23-55-401 et seq. An authorized delegate of a licensee holds in trust for the benefit of the licensee all money net of fees received from money transmission.

(f) An authorized delegate may not use a subdelegate to conduct money services on behalf of a licensee.

Amended by Act 2021, No. 532,§ 15, eff. 7/28/2021.

Acts 2007, No. 1595, § 1.
Ark. Code Ann. § 23-70-122 — AR Code / Title 23 / Chapter 70 / Section 23-70-122
Subscribers' share in assets
Status: in_force

Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus made as provided in § 23-70-112 , and the return of any unused premium, savings, or credits then standing on subscribers' accounts, shall be distributed to its subscribers who were subscribers within the twelve (12) months prior to the last termination of its certificate of authority, according to such reasonable formula as the Insurance Commissioner may approve. Acts 1959, No. 148, § 537; A.S.A. 1947, § 66-4328.

Upon the liquidation of a domestic reciprocal insurer, its assets remaining after discharge of its indebtedness and policy obligations, the return of any contributions of the attorney or other persons to its surplus made as provided in § 23-70-112 , and the return of any unused premium, savings, or credits then standing on subscribers' accounts, shall be distributed to its subscribers who were subscribers within the twelve (12) months prior to the last termination of its certificate of authority, according to such reasonable formula as the Insurance Commissioner may approve.

Acts 1959, No. 148, § 537; A.S.A. 1947, § 66-4328.
Ark. Code Ann. § 23-86-112 — AR Code / Title 23 / Chapter 86 / Subchapter 1 / Section 23-86-112
Group accident and health insurance - Direct payment of hospital or medical services
Status: in_force

(a) On request by the group policyholder, any group accident and health insurance policy may provide that all or any portion of any indemnities provided by any policy on account of hospital, nursing, medical, or surgical services may be paid, at the insurer's option, directly to the hospital or person rendering such services, but the policy may not require that the service be rendered by a particular hospital or person. (b) Payment so made shall discharge the insurer's obligation with respect to the amount of insurance paid. Acts 1959, No. 148, § 421; A.S.A. 1947, § 66-3703; Acts 2001, No. 1063, § 12.

(a) On request by the group policyholder, any group accident and health insurance policy may provide that all or any portion of any indemnities provided by any policy on account of hospital, nursing, medical, or surgical services may be paid, at the insurer's option, directly to the hospital or person rendering such services, but the policy may not require that the service be rendered by a particular hospital or person.

(b) Payment so made shall discharge the insurer's obligation with respect to the amount of insurance paid.

Acts 1959, No. 148, § 421; A.S.A. 1947, § 66-3703; Acts 2001, No. 1063, § 12.
Ark. Code Ann. § 23-63-105 — AR Code / Title 23 / Chapter 63 / Subchapter 1 / Section 23-63-105
Service contracts to perform administrative functions
Status: in_force

(a) (1) No domestic insurer shall make any contract with any insurance company or holding company or any other type of company whereby the company is to perform substantially all of the administrative functions for the insurer until that contract is filed with and has received prior written approval by the Insurance Commissioner. (2) Administrative functions of an insurer include, but are not limited to, underwriting, policy issue, accounting, premium notice preparation, agents' commission statements, other periodical accounting reports, preparation of annual convention statements, and managerial consulting services. (b) Any disapproval by the commissioner shall be delivered to the insurer in writing, stating the grounds therefor. (c) The commissioner shall disapprove any contract if he or she finds that it: (1) Subjects the insurer to excessive charges; (2) Is to extend for an unreasonable length of time; (3) Does not contain fair and adequate standards of performance; or (4) Contains other inequitable provisions which impair the proper interests of stockholders or policyholders of the insurer. (d) (1) All service contracts approved under this section shall be submitted annually to the commissioner for review and approval on the anniversary date of first approval. (2) The commissioner, in his or her discretion, may require submission of a contract for review at any time if he or she feels a review would be in the best interest of stockholders or policyholders of the insurer. (3) Any contract not submitted in accordance with this act shall be deemed disapproved as of the day following the day that contract should have been submitted. (e) The provisions of this section shall not apply to contracts of domestic licensees governed by the provisions of: (1) Sections 23-63-514 and 23-63-515 of the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.; (2) The Managing General Agents Act, § 23-64-401 et seq.; and (3) Section 23-69-137 concerning contracts for management and exclusive agents. Acts 1973, No. 66, § 11; A.S.A. 1947, § 66-2227; Acts 1999, No. 327, § 1.

(a) (1) No domestic insurer shall make any contract with any insurance company or holding company or any other type of company whereby the company is to perform substantially all of the administrative functions for the insurer until that contract is filed with and has received prior written approval by the Insurance Commissioner. (2) Administrative functions of an insurer include, but are not limited to, underwriting, policy issue, accounting, premium notice preparation, agents' commission statements, other periodical accounting reports, preparation of annual convention statements, and managerial consulting services.

(1) No domestic insurer shall make any contract with any insurance company or holding company or any other type of company whereby the company is to perform substantially all of the administrative functions for the insurer until that contract is filed with and has received prior written approval by the Insurance Commissioner.

(2) Administrative functions of an insurer include, but are not limited to, underwriting, policy issue, accounting, premium notice preparation, agents' commission statements, other periodical accounting reports, preparation of annual convention statements, and managerial consulting services.

(b) Any disapproval by the commissioner shall be delivered to the insurer in writing, stating the grounds therefor.

(c) The commissioner shall disapprove any contract if he or she finds that it: (1) Subjects the insurer to excessive charges; (2) Is to extend for an unreasonable length of time; (3) Does not contain fair and adequate standards of performance; or (4) Contains other inequitable provisions which impair the proper interests of stockholders or policyholders of the insurer.

(1) Subjects the insurer to excessive charges;

(2) Is to extend for an unreasonable length of time;

(3) Does not contain fair and adequate standards of performance; or

(4) Contains other inequitable provisions which impair the proper interests of stockholders or policyholders of the insurer.

(d) (1) All service contracts approved under this section shall be submitted annually to the commissioner for review and approval on the anniversary date of first approval. (2) The commissioner, in his or her discretion, may require submission of a contract for review at any time if he or she feels a review would be in the best interest of stockholders or policyholders of the insurer. (3) Any contract not submitted in accordance with this act shall be deemed disapproved as of the day following the day that contract should have been submitted.

(1) All service contracts approved under this section shall be submitted annually to the commissioner for review and approval on the anniversary date of first approval.

(2) The commissioner, in his or her discretion, may require submission of a contract for review at any time if he or she feels a review would be in the best interest of stockholders or policyholders of the insurer.

(3) Any contract not submitted in accordance with this act shall be deemed disapproved as of the day following the day that contract should have been submitted.

(e) The provisions of this section shall not apply to contracts of domestic licensees governed by the provisions of: (1) Sections 23-63-514 and 23-63-515 of the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.; (2) The Managing General Agents Act, § 23-64-401 et seq.; and (3) Section 23-69-137 concerning contracts for management and exclusive agents.

(1) Sections 23-63-514 and 23-63-515 of the Insurance Holding Company Regulatory Act, § 23-63-501 et seq.;

(2) The Managing General Agents Act, § 23-64-401 et seq.; and

(3) Section 23-69-137 concerning contracts for management and exclusive agents.

Acts 1973, No. 66, § 11; A.S.A. 1947, § 66-2227; Acts 1999, No. 327, § 1.
Ark. Code Ann. § 23-10-304 — AR Code / Title 23 / Chapter 10 / Subchapter 3 / Section 23-10-304
Goods damaged in intrastate transit
Status: in_force

(a) All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this state to be delivered at other points within this state and all railway companies and other common carriers, their assignees or lessees, who deliver goods, wares, and merchandise to persons at points within this state are made liable for all damages to the goods, wares, and merchandise, to the consignee or his or her legal representative. (b) All damages to goods, wares, or merchandise may be collected from the agent at the point of destination, if the consignee or his or her legal representative presents to the agent of the railway company or other common carrier an itemized statement giving a clear description of the property damaged and the amount of damage to each item or article so damaged, verified by affidavit, within ten (10) days from the time the goods are received. (c) (1) If, after the consignee has made out and presented his or her itemized statement as required by subsection (b) of this section, the railway company or other common carrier or its agent at the point of destination fails or refuses to pay the claim for loss or damage within thirty (30) days after demand, the consignee of the goods, wares, or merchandise so damaged may enter suit against the railway company or other common carrier, their assignees, or lessees, for his or her loss or damage. (2) If he or she recovers in the action against the railway company, its assignees, or lessees, a judgment equal to the amount stipulated in the affidavit of claim, the court or jury trying the cause shall render a verdict or judgment for treble the amount of the claim for his or her damage or loss. (d) Any person who makes a false affidavit under subsection (b) of this section, or who swears falsely to any item or material fact upon which suit may be based, shall be deemed guilty of perjury and shall be punished according to the laws now governing such a crime. (e) Nothing in this section shall be so construed as to conflict with or repeal any law now in existence or in any way change the manner of procedure in actions for damages. Acts 1905, No. 144, §§ 1-5, p. 358; 1907, No. 166, §§ 1, 2, p. 401; C. & M. Dig., §§ 920-923; Pope's Dig., §§ 1124-1127; A.S.A. 1947, §§ 73-1347 -- 73-1351.

(a) All railway companies, their assignees or lessees, and all other common carriers who receive goods for shipment at points within this state to be delivered at other points within this state and all railway companies and other common carriers, their assignees or lessees, who deliver goods, wares, and merchandise to persons at points within this state are made liable for all damages to the goods, wares, and merchandise, to the consignee or his or her legal representative.

(b) All damages to goods, wares, or merchandise may be collected from the agent at the point of destination, if the consignee or his or her legal representative presents to the agent of the railway company or other common carrier an itemized statement giving a clear description of the property damaged and the amount of damage to each item or article so damaged, verified by affidavit, within ten (10) days from the time the goods are received.

(c) (1) If, after the consignee has made out and presented his or her itemized statement as required by subsection (b) of this section, the railway company or other common carrier or its agent at the point of destination fails or refuses to pay the claim for loss or damage within thirty (30) days after demand, the consignee of the goods, wares, or merchandise so damaged may enter suit against the railway company or other common carrier, their assignees, or lessees, for his or her loss or damage. (2) If he or she recovers in the action against the railway company, its assignees, or lessees, a judgment equal to the amount stipulated in the affidavit of claim, the court or jury trying the cause shall render a verdict or judgment for treble the amount of the claim for his or her damage or loss.

(1) If, after the consignee has made out and presented his or her itemized statement as required by subsection (b) of this section, the railway company or other common carrier or its agent at the point of destination fails or refuses to pay the claim for loss or damage within thirty (30) days after demand, the consignee of the goods, wares, or merchandise so damaged may enter suit against the railway company or other common carrier, their assignees, or lessees, for his or her loss or damage.

(2) If he or she recovers in the action against the railway company, its assignees, or lessees, a judgment equal to the amount stipulated in the affidavit of claim, the court or jury trying the cause shall render a verdict or judgment for treble the amount of the claim for his or her damage or loss.

(d) Any person who makes a false affidavit under subsection (b) of this section, or who swears falsely to any item or material fact upon which suit may be based, shall be deemed guilty of perjury and shall be punished according to the laws now governing such a crime.

(e) Nothing in this section shall be so construed as to conflict with or repeal any law now in existence or in any way change the manner of procedure in actions for damages.

Acts 1905, No. 144, §§ 1-5, p. 358; 1907, No. 166, §§ 1, 2, p. 401; C. & M. Dig., §§ 920-923; Pope's Dig., §§ 1124-1127; A.S.A. 1947, §§ 73-1347 -- 73-1351.
Ark. Code Ann. § 23-11-309 — AR Code / Title 23 / Chapter 11 / Subchapter 3 / Section 23-11-309
Stockholders' consent required for purchase of stock, lease, or consolidation
Status: in_force

No aid as provided in § 23-11-304 shall be furnished, nor shall any purchase, lease, subletting, consolidation, or arrangements be perfected, until: (1) A meeting of the stockholders of all the companies, parties to the agreement, whereby a railroad in this state may be aided, purchased, leased, sublet, consolidated, or affected by such an arrangement has been called by the directors thereof, at such time and place and in such manner as the directors shall designate, after giving sixty (60) days' notice of the meeting by advertisement in some daily or weekly newspaper printed and published in Little Rock, Arkansas, and such other newspapers elsewhere as the board of directors shall deem expedient; (2) The holders of two-thirds (2/3) of the issued capital stock of such companies have assented thereto in person or by proxy; and (3) A certificate thereof signed by the president and secretary of the company or companies has been filed in the office of the Secretary of State. Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8520; Pope's Dig., § 11096; A.S.A. 1947, § 73-415.

No aid as provided in § 23-11-304 shall be furnished, nor shall any purchase, lease, subletting, consolidation, or arrangements be perfected, until:

(1) A meeting of the stockholders of all the companies, parties to the agreement, whereby a railroad in this state may be aided, purchased, leased, sublet, consolidated, or affected by such an arrangement has been called by the directors thereof, at such time and place and in such manner as the directors shall designate, after giving sixty (60) days' notice of the meeting by advertisement in some daily or weekly newspaper printed and published in Little Rock, Arkansas, and such other newspapers elsewhere as the board of directors shall deem expedient;

(2) The holders of two-thirds (2/3) of the issued capital stock of such companies have assented thereto in person or by proxy; and

(3) A certificate thereof signed by the president and secretary of the company or companies has been filed in the office of the Secretary of State.

Acts 1881, No. 43, § 2, p. 79; C. & M. Dig., § 8520; Pope's Dig., § 11096; A.S.A. 1947, § 73-415.
Ark. Code Ann. § 23-2-201 — AR Code / Title 23 / Chapter 2 / Subchapter 2 / Section 23-2-201
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Department" means the Arkansas Department of Transportation; and (2) "Transportation" means the carriage of persons and property for compensation by air, rail, water, carrier pipelines, or motor carriers. Amended by Act 2017, No. 707,§ 90, eff. 8/1/2017. Acts 1957, No. 132, § 1; A.S.A. 1947, § 73-151.

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

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

(2) "Transportation" means the carriage of persons and property for compensation by air, rail, water, carrier pipelines, or motor carriers.

Amended by Act 2017, No. 707,§ 90, eff. 8/1/2017.

Acts 1957, No. 132, § 1; A.S.A. 1947, § 73-151.
Ark. Code Ann. § 23-47-606 — AR Code / Title 23 / Chapter 47 / Subchapter 6 / Section 23-47-606
Small business investment companies
Status: in_force

(a) A state bank may purchase up to one hundred percent (100%) of the capital stock of small business investment companies and minority enterprise small business investment companies as defined by the Small Business Investment Act of 1958. (b) However, in no event may any state bank acquire shares of any small business investment company or minority enterprise small business investment company if, upon the making of that acquisition, the aggregate amount of shares in small business investment companies or minority enterprise small business investment companies then held by the bank would exceed ten percent (10%) of the bank's capital base. Acts 1997, No. 89, § 1.

(a) A state bank may purchase up to one hundred percent (100%) of the capital stock of small business investment companies and minority enterprise small business investment companies as defined by the Small Business Investment Act of 1958.

(b) However, in no event may any state bank acquire shares of any small business investment company or minority enterprise small business investment company if, upon the making of that acquisition, the aggregate amount of shares in small business investment companies or minority enterprise small business investment companies then held by the bank would exceed ten percent (10%) of the bank's capital base.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-13-236 — AR Code / Title 23 / Chapter 13 / Subchapter 2 / Section 23-13-236
Common carriers - Duties as to transportation of passengers and property - Rates, charges, rules, etc
Status: in_force

(a) It shall be the duty of every common carrier of passengers by motor vehicle: (1) To establish reasonable through routes with other common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers; (2) To establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable rules and practices relating thereto and relating to the issuance, form, and substance of tickets; the carrying of personal, sample, and excess baggage; the facilities for transportation; and all other matters relating to or connected with the transportation of passengers; and (3) In case of joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of the participating carriers. (b) It shall be the duty of every common carrier of property by motor vehicle: (1) To provide safe and adequate service, equipment, and facilities for the transportation of property; and (2) To establish, observe, and enforce just and reasonable rates, charges, and classifications and just and reasonable rules and practices relating thereto, and relating to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property. Amended by Act 2019, No. 315,§ 2434, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2433, eff. 7/24/2019. Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.

(a) It shall be the duty of every common carrier of passengers by motor vehicle: (1) To establish reasonable through routes with other common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers; (2) To establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable rules and practices relating thereto and relating to the issuance, form, and substance of tickets; the carrying of personal, sample, and excess baggage; the facilities for transportation; and all other matters relating to or connected with the transportation of passengers; and (3) In case of joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of the participating carriers.

(1) To establish reasonable through routes with other common carriers and to provide safe and adequate service, equipment, and facilities for the transportation of passengers;

(2) To establish, observe, and enforce just and reasonable individual and joint rates, fares, and charges, and just and reasonable rules and practices relating thereto and relating to the issuance, form, and substance of tickets; the carrying of personal, sample, and excess baggage; the facilities for transportation; and all other matters relating to or connected with the transportation of passengers; and

(3) In case of joint rates, fares, and charges, to establish just, reasonable, and equitable divisions thereof as between the carriers participating therein which shall not unduly prefer or prejudice any of the participating carriers.

(b) It shall be the duty of every common carrier of property by motor vehicle: (1) To provide safe and adequate service, equipment, and facilities for the transportation of property; and (2) To establish, observe, and enforce just and reasonable rates, charges, and classifications and just and reasonable rules and practices relating thereto, and relating to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.

(1) To provide safe and adequate service, equipment, and facilities for the transportation of property; and

(2) To establish, observe, and enforce just and reasonable rates, charges, and classifications and just and reasonable rules and practices relating thereto, and relating to the manner and method of presenting, marking, packing, and delivering property for transportation, the facilities for transportation, and all other matters relating to or connected with the transportation of property.

Amended by Act 2019, No. 315,§ 2434, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2433, eff. 7/24/2019.

Acts 1955, No. 397, § 16; A.S.A. 1947, § 73-1769.
Ark. Code Ann. § 23-101-108 — AR Code / Title 23 / Chapter 101 / Section 23-101-108
Filing, approval, and withdrawal of forms and rates
Status: in_force

(a) All policy forms and certificates of insurance to be delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the Insurance Commissioner. (b) The commissioner shall within thirty (30) days after the filing of the policy forms and certificates of insurance disapprove a form that does not conform to this chapter or to other applicable provisions of the insurance statutes and rules and shall within thirty (30) days of filing disapprove a schedule of premium rates pertaining to the form if it does not conform to the standard set forth in subsection (e) of this section. (c) (1) If the commissioner disapproves a form or schedule of premium rates in accordance with subsection (b) of this section, the commissioner shall promptly notify the insurer in writing of the disapproval, and it shall be unlawful for the insurer to issue or use the form or schedule. (2) (A) An insurer aggrieved by any order or decision of the commissioner made without a hearing, within thirty (30) days after notice to the insurer or organization, may make written request to the commissioner for a hearing thereon. (B) The commissioner shall hear the party or parties within twenty (20) days after receipt of the request and shall give not less than ten (10) days' written notice of the time and place of the hearing. (C) The hearing shall be concluded within fifteen (15) days from its commencement, except that the commissioner, for good cause shown and with notice to the interested parties, may grant additional time, not to exceed thirty (30) days. Within fifteen (15) days after the hearing, the commissioner shall affirm, reverse, or modify his or her previous action, specifying his or her reasons therefor. (D) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his or her previous action. (d) Unless the commissioner disapproves the form or schedule of premium rates in accordance with subsections (b) and (c) of this section or gives written approval of the form or schedule within thirty (30) days after the filing, the form or schedule shall be deemed approved on the thirty-first day after the filing. (e) (1) The schedules of premium rates shall not be excessive, inadequate, or unfairly discriminatory. (2) In determining whether a schedule of premium rates is excessive, inadequate, or unfairly discriminatory, the commissioner shall take into account past and prospective loss experience, general and administrative expenses, loss settlement and adjustment expenses, and other acquisition costs including insurance tracking costs, reserves, taxes, licenses, fees and assessments, reasonable insurer profit, and other relevant data. (3) Rates are not unfairly discriminatory because different premiums result for different policyholders, including group policyholders, with similar loss exposures but different expense factors or similar expense factors but different loss exposures, nor are rates unfairly discriminatory if they are averaged broadly among all persons insured in this state or all persons insured under a group insurance policy. (f) (1) The commissioner may withdraw approval of an approved form or schedule of premium rates when the commissioner would be required to disapprove the form or schedule of premium rates if it were filed at the time of the withdrawal. The withdrawal shall be in writing and shall specify the reasons for withdrawal and the effective date of the withdrawal. (2) Within thirty (30) days after receiving the written notification of the withdrawal, an insurer adversely affected by a withdrawal may request a hearing in the manner provided in subsection (c) of this section to determine whether the withdrawal should be annulled, modified, or confirmed. (3) Unless the commissioner grants an extension in writing in the withdrawal or subsequently grants an extension, the withdrawal shall become effective, in the absence of a request for hearing, prospectively and not retroactively, on the ninety-first day following delivery of the notice of withdrawal and, if the request for hearing is filed, on the ninety-first day following delivery of written notice of the commissioner's determination. (g) Forms and rates filed and approved in accordance with this section shall be deemed to be in compliance in all respects with the laws of this state. Amended by Act 2019, No. 315,§ 2809, eff. 7/24/2019. Acts 1997, No. 930, § 8.

(a) All policy forms and certificates of insurance to be delivered or issued for delivery in this state and the schedules of premium rates pertaining thereto shall be filed with the Insurance Commissioner.

(b) The commissioner shall within thirty (30) days after the filing of the policy forms and certificates of insurance disapprove a form that does not conform to this chapter or to other applicable provisions of the insurance statutes and rules and shall within thirty (30) days of filing disapprove a schedule of premium rates pertaining to the form if it does not conform to the standard set forth in subsection (e) of this section.

(c) (1) If the commissioner disapproves a form or schedule of premium rates in accordance with subsection (b) of this section, the commissioner shall promptly notify the insurer in writing of the disapproval, and it shall be unlawful for the insurer to issue or use the form or schedule. (2) (A) An insurer aggrieved by any order or decision of the commissioner made without a hearing, within thirty (30) days after notice to the insurer or organization, may make written request to the commissioner for a hearing thereon. (B) The commissioner shall hear the party or parties within twenty (20) days after receipt of the request and shall give not less than ten (10) days' written notice of the time and place of the hearing. (C) The hearing shall be concluded within fifteen (15) days from its commencement, except that the commissioner, for good cause shown and with notice to the interested parties, may grant additional time, not to exceed thirty (30) days. Within fifteen (15) days after the hearing, the commissioner shall affirm, reverse, or modify his or her previous action, specifying his or her reasons therefor. (D) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his or her previous action.

(1) If the commissioner disapproves a form or schedule of premium rates in accordance with subsection (b) of this section, the commissioner shall promptly notify the insurer in writing of the disapproval, and it shall be unlawful for the insurer to issue or use the form or schedule.

(2) (A) An insurer aggrieved by any order or decision of the commissioner made without a hearing, within thirty (30) days after notice to the insurer or organization, may make written request to the commissioner for a hearing thereon. (B) The commissioner shall hear the party or parties within twenty (20) days after receipt of the request and shall give not less than ten (10) days' written notice of the time and place of the hearing. (C) The hearing shall be concluded within fifteen (15) days from its commencement, except that the commissioner, for good cause shown and with notice to the interested parties, may grant additional time, not to exceed thirty (30) days. Within fifteen (15) days after the hearing, the commissioner shall affirm, reverse, or modify his or her previous action, specifying his or her reasons therefor. (D) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his or her previous action.

(A) An insurer aggrieved by any order or decision of the commissioner made without a hearing, within thirty (30) days after notice to the insurer or organization, may make written request to the commissioner for a hearing thereon.

(B) The commissioner shall hear the party or parties within twenty (20) days after receipt of the request and shall give not less than ten (10) days' written notice of the time and place of the hearing.

(C) The hearing shall be concluded within fifteen (15) days from its commencement, except that the commissioner, for good cause shown and with notice to the interested parties, may grant additional time, not to exceed thirty (30) days. Within fifteen (15) days after the hearing, the commissioner shall affirm, reverse, or modify his or her previous action, specifying his or her reasons therefor.

(D) Pending the hearing and decision thereon, the commissioner may suspend or postpone the effective date of his or her previous action.

(d) Unless the commissioner disapproves the form or schedule of premium rates in accordance with subsections (b) and (c) of this section or gives written approval of the form or schedule within thirty (30) days after the filing, the form or schedule shall be deemed approved on the thirty-first day after the filing.

(e) (1) The schedules of premium rates shall not be excessive, inadequate, or unfairly discriminatory. (2) In determining whether a schedule of premium rates is excessive, inadequate, or unfairly discriminatory, the commissioner shall take into account past and prospective loss experience, general and administrative expenses, loss settlement and adjustment expenses, and other acquisition costs including insurance tracking costs, reserves, taxes, licenses, fees and assessments, reasonable insurer profit, and other relevant data. (3) Rates are not unfairly discriminatory because different premiums result for different policyholders, including group policyholders, with similar loss exposures but different expense factors or similar expense factors but different loss exposures, nor are rates unfairly discriminatory if they are averaged broadly among all persons insured in this state or all persons insured under a group insurance policy.

(1) The schedules of premium rates shall not be excessive, inadequate, or unfairly discriminatory.

(2) In determining whether a schedule of premium rates is excessive, inadequate, or unfairly discriminatory, the commissioner shall take into account past and prospective loss experience, general and administrative expenses, loss settlement and adjustment expenses, and other acquisition costs including insurance tracking costs, reserves, taxes, licenses, fees and assessments, reasonable insurer profit, and other relevant data.

(3) Rates are not unfairly discriminatory because different premiums result for different policyholders, including group policyholders, with similar loss exposures but different expense factors or similar expense factors but different loss exposures, nor are rates unfairly discriminatory if they are averaged broadly among all persons insured in this state or all persons insured under a group insurance policy.

(f) (1) The commissioner may withdraw approval of an approved form or schedule of premium rates when the commissioner would be required to disapprove the form or schedule of premium rates if it were filed at the time of the withdrawal. The withdrawal shall be in writing and shall specify the reasons for withdrawal and the effective date of the withdrawal. (2) Within thirty (30) days after receiving the written notification of the withdrawal, an insurer adversely affected by a withdrawal may request a hearing in the manner provided in subsection (c) of this section to determine whether the withdrawal should be annulled, modified, or confirmed. (3) Unless the commissioner grants an extension in writing in the withdrawal or subsequently grants an extension, the withdrawal shall become effective, in the absence of a request for hearing, prospectively and not retroactively, on the ninety-first day following delivery of the notice of withdrawal and, if the request for hearing is filed, on the ninety-first day following delivery of written notice of the commissioner's determination.

(1) The commissioner may withdraw approval of an approved form or schedule of premium rates when the commissioner would be required to disapprove the form or schedule of premium rates if it were filed at the time of the withdrawal. The withdrawal shall be in writing and shall specify the reasons for withdrawal and the effective date of the withdrawal.

(2) Within thirty (30) days after receiving the written notification of the withdrawal, an insurer adversely affected by a withdrawal may request a hearing in the manner provided in subsection (c) of this section to determine whether the withdrawal should be annulled, modified, or confirmed.

(3) Unless the commissioner grants an extension in writing in the withdrawal or subsequently grants an extension, the withdrawal shall become effective, in the absence of a request for hearing, prospectively and not retroactively, on the ninety-first day following delivery of the notice of withdrawal and, if the request for hearing is filed, on the ninety-first day following delivery of written notice of the commissioner's determination.

(g) Forms and rates filed and approved in accordance with this section shall be deemed to be in compliance in all respects with the laws of this state.

Amended by Act 2019, No. 315,§ 2809, eff. 7/24/2019.

Acts 1997, No. 930, § 8.
Ark. Code Ann. § 23-73-119 — AR Code / Title 23 / Chapter 73 / Section 23-73-119
Prohibited formation
Status: in_force

No farmers' mutual aid association or company shall be formed or incorporated after July 1, 1997, other than as provided in § 23-73-122 . Acts 1997, No. 774, § 1.

No farmers' mutual aid association or company shall be formed or incorporated after July 1, 1997, other than as provided in § 23-73-122 .

Acts 1997, No. 774, § 1.
Ark. Code Ann. § 23-64-407 — AR Code / Title 23 / Chapter 64 / Subchapter 4 / Section 23-64-407
Penalties for violations
Status: in_force

(a) If the Insurance Commissioner finds after a hearing conducted in accordance with § 23-61-301 et seq. that any person has violated any provision of this subchapter, the commissioner may order: (1) For each separate violation, a penalty in an amount of two thousand dollars ($2,000) or, if the commissioner has found willful misconduct or willful violation, ten thousand dollars ($10,000); (2) Revocation or suspension of the managing general agent's license; and (3) The managing general agent to reimburse the insurer, the rehabilitator, or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this subchapter committed by the managing general agent. (b) The decision, determination, or order of the commissioner pursuant to subsection (a) of this section shall be subject to judicial review pursuant to § 23-61-307 . (c) Nothing contained in this section shall affect the right of the commissioner to impose any other penalties provided for in the insurance law. (d) Nothing contained in this subchapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors. Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.

(a) If the Insurance Commissioner finds after a hearing conducted in accordance with § 23-61-301 et seq. that any person has violated any provision of this subchapter, the commissioner may order: (1) For each separate violation, a penalty in an amount of two thousand dollars ($2,000) or, if the commissioner has found willful misconduct or willful violation, ten thousand dollars ($10,000); (2) Revocation or suspension of the managing general agent's license; and (3) The managing general agent to reimburse the insurer, the rehabilitator, or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this subchapter committed by the managing general agent.

(1) For each separate violation, a penalty in an amount of two thousand dollars ($2,000) or, if the commissioner has found willful misconduct or willful violation, ten thousand dollars ($10,000);

(2) Revocation or suspension of the managing general agent's license; and

(3) The managing general agent to reimburse the insurer, the rehabilitator, or liquidator of the insurer for any losses incurred by the insurer caused by a violation of this subchapter committed by the managing general agent.

(b) The decision, determination, or order of the commissioner pursuant to subsection (a) of this section shall be subject to judicial review pursuant to § 23-61-307 .

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

(d) Nothing contained in this subchapter is intended to or shall in any manner limit or restrict the rights of policyholders, claimants, and auditors.

Acts 1993, No. 1094, § 1; 1997, No. 1004, § 1.
Ark. Code Ann. § 23-69-131 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-131
Unauthorized dividends prohibited
Status: in_force

(a) Any director of a domestic stock or mutual insurer who votes for or concurs in the declaration or payment of a dividend, other than as authorized under § 23-69-129 or § 23-69-130 , to stockholders or members shall upon conviction be guilty of a Class A misdemeanor and shall be jointly and severally liable, together with other directors likewise voting for or concurring, for any loss sustained by the insurer. (b) Any stockholder receiving such a dividend shall be liable in the amount thereof to the insurer. (c) The Insurance Commissioner may revoke or suspend the certificate of authority of an insurer which has declared or paid a dividend other than as so authorized. Acts 1959, No. 148, § 484; A.S.A. 1947, § 66-4232; Acts 2005, No. 1994, § 206.

(a) Any director of a domestic stock or mutual insurer who votes for or concurs in the declaration or payment of a dividend, other than as authorized under § 23-69-129 or § 23-69-130 , to stockholders or members shall upon conviction be guilty of a Class A misdemeanor and shall be jointly and severally liable, together with other directors likewise voting for or concurring, for any loss sustained by the insurer.

(b) Any stockholder receiving such a dividend shall be liable in the amount thereof to the insurer.

(c) The Insurance Commissioner may revoke or suspend the certificate of authority of an insurer which has declared or paid a dividend other than as so authorized.

Acts 1959, No. 148, § 484; A.S.A. 1947, § 66-4232; Acts 2005, No. 1994, § 206.
Ark. Code Ann. § 23-4-415 — AR Code / Title 23 / Chapter 4 / Subchapter 4 / Section 23-4-415
Refunds of excessive bonded collections - Order not stayed during rehearing
Status: in_force

An application for rehearing pursuant to § 23-2-422 filed by a party aggrieved by the final order of the Arkansas Public Service Commission shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections. Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.

An application for rehearing pursuant to § 23-2-422 filed by a party aggrieved by the final order of the Arkansas Public Service Commission shall not stay the effectiveness of the order as it pertains to refunds of excessive bonded collections.

Acts 1935, No. 324, § 18; Pope's Dig., § 2081; Acts 1955, No. 31, § 1; 1975 (Extended Sess., 1976), No. 1181, § 1; 1980 (2nd Ex. Sess.), No. 4, § 1; 1981 (Ex. Sess.), No. 30, § 2; 1983, No. 911, § 1; A.S.A. 1947, § 73-217; reen. Acts 1987, No. 994, § 1.
Ark. Code Ann. § 23-46-508 — AR Code / Title 23 / Chapter 46 / Subchapter 5 / Section 23-46-508
Noncooperation with examiners
Status: in_force

(a) The Bank Commissioner may revoke a state bank's or subsidiary trust company's authority to transact business and may proceed to wind up its business whenever any officer of the state bank or subsidiary trust company: (1) Refuses to submit the books, papers, and effects thereof to the inspection of the commissioner or examiners; (2) In any manner obstructs or interferes with the commissioner, or examiner, in the discharge of his or her duties; or (3) Refuses to be examined on oath touching the affairs of the financial institution. (b) The commissioner may issue a cease and desist order whenever an officer of any financial institution acts in any manner described in subsections (a)(1)-(3) of this section. Acts 1997, No. 89, § 1.

(a) The Bank Commissioner may revoke a state bank's or subsidiary trust company's authority to transact business and may proceed to wind up its business whenever any officer of the state bank or subsidiary trust company: (1) Refuses to submit the books, papers, and effects thereof to the inspection of the commissioner or examiners; (2) In any manner obstructs or interferes with the commissioner, or examiner, in the discharge of his or her duties; or (3) Refuses to be examined on oath touching the affairs of the financial institution.

(1) Refuses to submit the books, papers, and effects thereof to the inspection of the commissioner or examiners;

(2) In any manner obstructs or interferes with the commissioner, or examiner, in the discharge of his or her duties; or

(3) Refuses to be examined on oath touching the affairs of the financial institution.

(b) The commissioner may issue a cease and desist order whenever an officer of any financial institution acts in any manner described in subsections (a)(1)-(3) of this section.

Acts 1997, No. 89, § 1.
Ark. Code Ann. § 23-79-501 — AR Code / Title 23 / Chapter 79 / Subchapter 5 / Section 23-79-501
Purpose
Status: in_force

(a) (1) Acts 1995, No. 1339, established the Arkansas Comprehensive Health Insurance Pool as a state program that was intended to provide an alternate market for health insurance for certain uninsurable Arkansas residents, and further this subchapter is intended to provide for the successor entity that will provide the acceptable alternative mechanism as described in the Health Insurance Portability and Accountability Act of 1996 for providing portable and accessible individual health insurance coverage for federally eligible individuals as defined in this subchapter. (2) This subchapter further is intended to provide a health insurance coverage option for persons eligible for a federal income tax credit under section 35 of the Internal Revenue Code, as created by the Trade Adjustment Assistance Reform Act of 2002 or as subsequently amended. (b) The General Assembly declares that it intends for this program to provide portable and accessible individual health insurance coverage for every individual who qualifies for coverage in accordance with § 23-79-509(b) as a federally eligible individual or as a qualified trade adjustment assistance eligible person but does not intend for every eligible person who qualifies for pool coverage in accordance with § 23-79-509 to be guaranteed a right to be issued a policy under this pool as a matter of entitlement. Acts 1997, No. 292, § 2; 2003, No. 1327, § 1.

(a) (1) Acts 1995, No. 1339, established the Arkansas Comprehensive Health Insurance Pool as a state program that was intended to provide an alternate market for health insurance for certain uninsurable Arkansas residents, and further this subchapter is intended to provide for the successor entity that will provide the acceptable alternative mechanism as described in the Health Insurance Portability and Accountability Act of 1996 for providing portable and accessible individual health insurance coverage for federally eligible individuals as defined in this subchapter. (2) This subchapter further is intended to provide a health insurance coverage option for persons eligible for a federal income tax credit under section 35 of the Internal Revenue Code, as created by the Trade Adjustment Assistance Reform Act of 2002 or as subsequently amended.

(1) Acts 1995, No. 1339, established the Arkansas Comprehensive Health Insurance Pool as a state program that was intended to provide an alternate market for health insurance for certain uninsurable Arkansas residents, and further this subchapter is intended to provide for the successor entity that will provide the acceptable alternative mechanism as described in the Health Insurance Portability and Accountability Act of 1996 for providing portable and accessible individual health insurance coverage for federally eligible individuals as defined in this subchapter.

(2) This subchapter further is intended to provide a health insurance coverage option for persons eligible for a federal income tax credit under section 35 of the Internal Revenue Code, as created by the Trade Adjustment Assistance Reform Act of 2002 or as subsequently amended.

(b) The General Assembly declares that it intends for this program to provide portable and accessible individual health insurance coverage for every individual who qualifies for coverage in accordance with § 23-79-509(b) as a federally eligible individual or as a qualified trade adjustment assistance eligible person but does not intend for every eligible person who qualifies for pool coverage in accordance with § 23-79-509 to be guaranteed a right to be issued a policy under this pool as a matter of entitlement.

Acts 1997, No. 292, § 2; 2003, No. 1327, § 1.
Ark. Code Ann. § 23-76-113 — AR Code / Title 23 / Chapter 76 / Section 23-76-113
Annual report and quarterly report
Status: in_force

(a) A health maintenance organization shall annually on or before March 1 file a report verified by at least two (2) principal officers with the Insurance Commissioner covering the preceding calendar year. (b) (1) The report shall be on forms prescribed by the commissioner. (2) For the report to be filed March 1, 2002, and annually thereafter, the annual report prescribed by the commissioner shall be the current edition published by the National Association of Insurance Commissioners of the Annual Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Annual Statement Instructions For Health and shall follow those accounting practices and procedures prescribed and published in the current edition of the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual. (3) Each authorized health maintenance organization shall furnish all information as called for by the National Association of Insurance Commissioners' Annual Statement Blank For Health. Further, it shall be verified by oath or affirmation of the health maintenance organization's president or vice president and secretary or actuary. (4) The commissioner shall furnish to each domestic health maintenance organization two (2) copies of the forms on which the annual statement is to be made. (5) The annual report shall include: (A) An annual audited financial report certified by an independent certified public accountant; (B) Any material changes in the information submitted pursuant to § 23-76-107(c) ; (C) The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year; (D) A summary of information compiled pursuant to § 23-76-108 in the form required by the commissioner; and (E) Any other information on an annual, quarterly, or more frequent basis as the commissioner shall prescribe, relating to the performance of the health maintenance organization, that is necessary to enable the commissioner to carry out his or her duties under this chapter. (c) Any health maintenance organization that fails to file the annual, quarterly, or any required financial or other report when due may be subject to a penalty of one hundred dollars ($100) for each day of delinquency in the commissioner's discretion, or unless the penalty is waived by the commissioner upon a showing of good cause by the health maintenance organization. (d) (1) (A) Beginning on and after January 1, 2000, each authorized health maintenance organization shall prepare and file with the commissioner a quarterly financial report on forms and at such times as shall be prescribed by the commissioner. (B) For the reports to be filed January 1, 2002, and quarterly reports thereafter, the quarterly financial report shall be the current edition, published by the National Association of Insurance Commissioners, of the Quarterly Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Quarterly Statement Instructions For Health and shall follow those accounting procedures and practices prescribed by the National Association of Insurance Commissioners' Accounting Practices And Procedures Manual. (2) The quarterly statement shall be verified by the officers of the health maintenance organization as required by the current edition, published by the National Association of Insurance Commissioners, of the quarterly statement instructions as a companion to the reporting form prescribed by the commissioner. Amended by Act 2013, No. 1433,§ 5, eff. 8/16/2013. Amended by Act 2013, No. 1433,§ 4, eff. 8/16/2013. Acts 1975, No. 454, § 9; A.S.A. 1947, § 66-5209; Acts 1989, No. 772, § 16; 1999, No. 301, § 2; 2001, No. 1605, §§ 9, 10.

(a) A health maintenance organization shall annually on or before March 1 file a report verified by at least two (2) principal officers with the Insurance Commissioner covering the preceding calendar year.

(b) (1) The report shall be on forms prescribed by the commissioner. (2) For the report to be filed March 1, 2002, and annually thereafter, the annual report prescribed by the commissioner shall be the current edition published by the National Association of Insurance Commissioners of the Annual Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Annual Statement Instructions For Health and shall follow those accounting practices and procedures prescribed and published in the current edition of the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual. (3) Each authorized health maintenance organization shall furnish all information as called for by the National Association of Insurance Commissioners' Annual Statement Blank For Health. Further, it shall be verified by oath or affirmation of the health maintenance organization's president or vice president and secretary or actuary. (4) The commissioner shall furnish to each domestic health maintenance organization two (2) copies of the forms on which the annual statement is to be made. (5) The annual report shall include: (A) An annual audited financial report certified by an independent certified public accountant; (B) Any material changes in the information submitted pursuant to § 23-76-107(c) ; (C) The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year; (D) A summary of information compiled pursuant to § 23-76-108 in the form required by the commissioner; and (E) Any other information on an annual, quarterly, or more frequent basis as the commissioner shall prescribe, relating to the performance of the health maintenance organization, that is necessary to enable the commissioner to carry out his or her duties under this chapter.

(1) The report shall be on forms prescribed by the commissioner.

(2) For the report to be filed March 1, 2002, and annually thereafter, the annual report prescribed by the commissioner shall be the current edition published by the National Association of Insurance Commissioners of the Annual Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Annual Statement Instructions For Health and shall follow those accounting practices and procedures prescribed and published in the current edition of the National Association of Insurance Commissioners' Accounting Practices and Procedures Manual.

(3) Each authorized health maintenance organization shall furnish all information as called for by the National Association of Insurance Commissioners' Annual Statement Blank For Health. Further, it shall be verified by oath or affirmation of the health maintenance organization's president or vice president and secretary or actuary.

(4) The commissioner shall furnish to each domestic health maintenance organization two (2) copies of the forms on which the annual statement is to be made.

(5) The annual report shall include: (A) An annual audited financial report certified by an independent certified public accountant; (B) Any material changes in the information submitted pursuant to § 23-76-107(c) ; (C) The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year; (D) A summary of information compiled pursuant to § 23-76-108 in the form required by the commissioner; and (E) Any other information on an annual, quarterly, or more frequent basis as the commissioner shall prescribe, relating to the performance of the health maintenance organization, that is necessary to enable the commissioner to carry out his or her duties under this chapter.

(A) An annual audited financial report certified by an independent certified public accountant;

(B) Any material changes in the information submitted pursuant to § 23-76-107(c) ;

(C) The number of persons enrolled during the year, the number of enrollees as of the end of the year, and the number of enrollments terminated during the year;

(D) A summary of information compiled pursuant to § 23-76-108 in the form required by the commissioner; and

(E) Any other information on an annual, quarterly, or more frequent basis as the commissioner shall prescribe, relating to the performance of the health maintenance organization, that is necessary to enable the commissioner to carry out his or her duties under this chapter.

(c) Any health maintenance organization that fails to file the annual, quarterly, or any required financial or other report when due may be subject to a penalty of one hundred dollars ($100) for each day of delinquency in the commissioner's discretion, or unless the penalty is waived by the commissioner upon a showing of good cause by the health maintenance organization.

(d) (1) (A) Beginning on and after January 1, 2000, each authorized health maintenance organization shall prepare and file with the commissioner a quarterly financial report on forms and at such times as shall be prescribed by the commissioner. (B) For the reports to be filed January 1, 2002, and quarterly reports thereafter, the quarterly financial report shall be the current edition, published by the National Association of Insurance Commissioners, of the Quarterly Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Quarterly Statement Instructions For Health and shall follow those accounting procedures and practices prescribed by the National Association of Insurance Commissioners' Accounting Practices And Procedures Manual. (2) The quarterly statement shall be verified by the officers of the health maintenance organization as required by the current edition, published by the National Association of Insurance Commissioners, of the quarterly statement instructions as a companion to the reporting form prescribed by the commissioner.

(1) (A) Beginning on and after January 1, 2000, each authorized health maintenance organization shall prepare and file with the commissioner a quarterly financial report on forms and at such times as shall be prescribed by the commissioner. (B) For the reports to be filed January 1, 2002, and quarterly reports thereafter, the quarterly financial report shall be the current edition, published by the National Association of Insurance Commissioners, of the Quarterly Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Quarterly Statement Instructions For Health and shall follow those accounting procedures and practices prescribed by the National Association of Insurance Commissioners' Accounting Practices And Procedures Manual.

(A) Beginning on and after January 1, 2000, each authorized health maintenance organization shall prepare and file with the commissioner a quarterly financial report on forms and at such times as shall be prescribed by the commissioner.

(B) For the reports to be filed January 1, 2002, and quarterly reports thereafter, the quarterly financial report shall be the current edition, published by the National Association of Insurance Commissioners, of the Quarterly Statement Blank For Health, that shall be prepared in accordance with the National Association of Insurance Commissioners' Quarterly Statement Instructions For Health and shall follow those accounting procedures and practices prescribed by the National Association of Insurance Commissioners' Accounting Practices And Procedures Manual.

(2) The quarterly statement shall be verified by the officers of the health maintenance organization as required by the current edition, published by the National Association of Insurance Commissioners, of the quarterly statement instructions as a companion to the reporting form prescribed by the commissioner.

Amended by Act 2013, No. 1433,§ 5, eff. 8/16/2013.

Amended by Act 2013, No. 1433,§ 4, eff. 8/16/2013.

Acts 1975, No. 454, § 9; A.S.A. 1947, § 66-5209; Acts 1989, No. 772, § 16; 1999, No. 301, § 2; 2001, No. 1605, §§ 9, 10.
Ark. Code Ann. § 23-88-101 — AR Code / Title 23 / Chapter 88 / Subchapter 1 / Section 23-88-101
Valued policy law
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, in case of a total loss by fire or natural disaster of the property insured, a property insurance policy other than for flood and earthquake insurance shall be held and considered to be a liquidated demand against the company taking the risk for the full amount stated in the property insurance policy or the full amount upon which the company charges, collects, or receives a premium. (2) For property covered under a commercial insurance policy, the amount paid under subdivision (a)(1) of this section shall be reduced by the amount of retention or deductible provided by the commercial insurance policy. (b) This section does not apply: (1) If a total loss by fire or a natural disaster other than a flood or an earthquake: (A) Is caused by the insured or someone acting on behalf of or in collusion with the insured, through: (i) A criminal act; (ii) Intentional misrepresentation; (iii) Fraud; or (iv) Deceit; or (B) (i) Is covered by two (2) or more property insurance policies that insure the same property. (ii) If two (2) or more property insurance policies insure the same property: (a) The insured shall recover the lesser of: (1) The face amount of the property insurance policy with the highest limit of coverage; or (2) The insured's interest in the property; and (b) Each insurer shall pay the proportionate share that its property insurance policy bears to the amount the insured is entitled to recover under subdivision (b)(1)(B)(ii) (a) of this section; (2) If the completed value of a building, structure, mobile home, or manufactured building is insured under a builder's risk insurance policy; (3) (A) If the claim is for the total loss of a building that is insured under a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property. (B) Settlement of a claim for the total loss to a building that is insured by a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property shall be based on an initial payment of the value assigned for the purpose of rating the policy to each affected building before the loss, with any balance remaining being settled according to the terms and conditions of the blanket insurance policy; or (4) To personal property or detached or appurtenant structures. Amended by Act 2017, No. 683,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1210,§ 5, eff. 7/22/2015. Acts 1959, No. 148, § 446; A.S.A. 1947, § 66-3901; Acts 1999, No. 1069, § 1.

(a) (1) Except as provided in subsection (b) of this section, in case of a total loss by fire or natural disaster of the property insured, a property insurance policy other than for flood and earthquake insurance shall be held and considered to be a liquidated demand against the company taking the risk for the full amount stated in the property insurance policy or the full amount upon which the company charges, collects, or receives a premium. (2) For property covered under a commercial insurance policy, the amount paid under subdivision (a)(1) of this section shall be reduced by the amount of retention or deductible provided by the commercial insurance policy.

(1) Except as provided in subsection (b) of this section, in case of a total loss by fire or natural disaster of the property insured, a property insurance policy other than for flood and earthquake insurance shall be held and considered to be a liquidated demand against the company taking the risk for the full amount stated in the property insurance policy or the full amount upon which the company charges, collects, or receives a premium.

(2) For property covered under a commercial insurance policy, the amount paid under subdivision (a)(1) of this section shall be reduced by the amount of retention or deductible provided by the commercial insurance policy.

(b) This section does not apply: (1) If a total loss by fire or a natural disaster other than a flood or an earthquake: (A) Is caused by the insured or someone acting on behalf of or in collusion with the insured, through: (i) A criminal act; (ii) Intentional misrepresentation; (iii) Fraud; or (iv) Deceit; or (B) (i) Is covered by two (2) or more property insurance policies that insure the same property. (ii) If two (2) or more property insurance policies insure the same property: (a) The insured shall recover the lesser of: (1) The face amount of the property insurance policy with the highest limit of coverage; or (2) The insured's interest in the property; and (b) Each insurer shall pay the proportionate share that its property insurance policy bears to the amount the insured is entitled to recover under subdivision (b)(1)(B)(ii) (a) of this section; (2) If the completed value of a building, structure, mobile home, or manufactured building is insured under a builder's risk insurance policy; (3) (A) If the claim is for the total loss of a building that is insured under a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property. (B) Settlement of a claim for the total loss to a building that is insured by a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property shall be based on an initial payment of the value assigned for the purpose of rating the policy to each affected building before the loss, with any balance remaining being settled according to the terms and conditions of the blanket insurance policy; or (4) To personal property or detached or appurtenant structures.

(1) If a total loss by fire or a natural disaster other than a flood or an earthquake: (A) Is caused by the insured or someone acting on behalf of or in collusion with the insured, through: (i) A criminal act; (ii) Intentional misrepresentation; (iii) Fraud; or (iv) Deceit; or (B) (i) Is covered by two (2) or more property insurance policies that insure the same property. (ii) If two (2) or more property insurance policies insure the same property: (a) The insured shall recover the lesser of: (1) The face amount of the property insurance policy with the highest limit of coverage; or (2) The insured's interest in the property; and (b) Each insurer shall pay the proportionate share that its property insurance policy bears to the amount the insured is entitled to recover under subdivision (b)(1)(B)(ii) (a) of this section;

(A) Is caused by the insured or someone acting on behalf of or in collusion with the insured, through: (i) A criminal act; (ii) Intentional misrepresentation; (iii) Fraud; or (iv) Deceit; or

(i) A criminal act;

(ii) Intentional misrepresentation;

(iii) Fraud; or

(iv) Deceit; or

(B) (i) Is covered by two (2) or more property insurance policies that insure the same property. (ii) If two (2) or more property insurance policies insure the same property: (a) The insured shall recover the lesser of: (1) The face amount of the property insurance policy with the highest limit of coverage; or (2) The insured's interest in the property; and (b) Each insurer shall pay the proportionate share that its property insurance policy bears to the amount the insured is entitled to recover under subdivision (b)(1)(B)(ii) (a) of this section;

(i) Is covered by two (2) or more property insurance policies that insure the same property.

(ii) If two (2) or more property insurance policies insure the same property: (a) The insured shall recover the lesser of: (1) The face amount of the property insurance policy with the highest limit of coverage; or (2) The insured's interest in the property; and (b) Each insurer shall pay the proportionate share that its property insurance policy bears to the amount the insured is entitled to recover under subdivision (b)(1)(B)(ii) (a) of this section;

(a) The insured shall recover the lesser of: (1) The face amount of the property insurance policy with the highest limit of coverage; or (2) The insured's interest in the property; and

(1) The face amount of the property insurance policy with the highest limit of coverage; or

(2) The insured's interest in the property; and

(b) Each insurer shall pay the proportionate share that its property insurance policy bears to the amount the insured is entitled to recover under subdivision (b)(1)(B)(ii) (a) of this section;

(2) If the completed value of a building, structure, mobile home, or manufactured building is insured under a builder's risk insurance policy;

(3) (A) If the claim is for the total loss of a building that is insured under a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property. (B) Settlement of a claim for the total loss to a building that is insured by a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property shall be based on an initial payment of the value assigned for the purpose of rating the policy to each affected building before the loss, with any balance remaining being settled according to the terms and conditions of the blanket insurance policy; or

(A) If the claim is for the total loss of a building that is insured under a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property.

(B) Settlement of a claim for the total loss to a building that is insured by a blanket insurance policy for a stated amount that covers two (2) or more buildings or that covers buildings and personal property shall be based on an initial payment of the value assigned for the purpose of rating the policy to each affected building before the loss, with any balance remaining being settled according to the terms and conditions of the blanket insurance policy; or

(4) To personal property or detached or appurtenant structures.

Amended by Act 2017, No. 683,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1210,§ 5, eff. 7/22/2015.

Acts 1959, No. 148, § 446; A.S.A. 1947, § 66-3901; Acts 1999, No. 1069, § 1.
Ark. Code Ann. § 23-17-205 — AR Code / Title 23 / Chapter 17 / Subchapter 2 / Section 23-17-205
Powers of cooperative
Status: in_force

Any cooperative created under the provisions of this subchapter shall have power to: (1) Sue and be sued in its corporate name; (2) Have perpetual existence unless limited for a shorter term in its articles of incorporation; (3) Adopt and use a corporate seal and to alter it; (4) Furnish, improve, and expand telecommunications service to its members, to federal and state agencies, and to other persons; (5) Construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber telecommunications lines, facilities or systems, lands, buildings, structures, plant and equipment, exchanges, and any other real or personal property, tangible or intangible, which are necessary or appropriate to accomplish any purpose of the cooperative authorized by this subchapter; (6) Connect and interconnect its telecommunications lines, facilities, or systems with telecommunications lines, facilities, or systems owned and operated by other telecommunications companies or cooperatives; (7) Make its facilities available to persons furnishing telecommunications services within or without this state; (8) Purchase, lease as lessee, or otherwise acquire, and to use and exercise, and to sell, assign, convey, pledge, or otherwise dispose of, or encumber franchises, rights, privileges, licenses, and easements; (9) Fix membership fees, issue membership certificates, and issue nonvoting shares of stock; (10) Borrow money and otherwise contract indebtedness, to issue and guarantee notes, bonds, and other evidences of indebtedness, and secure the same by mortgage, pledge, deed of trust, or security deed, or any other encumbrances upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, or revenues; (11) Construct, maintain, and operate telecommunications equipment, lines, facilities, and systems along, upon, under, and across publicly owned lands, easements, rights-of-way, and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges, and causeways, subject, however, to the same requirements and limitations with respect to the use or occupancy of such thoroughfares and lands as are imposed by the laws of this state on telecommunications companies; (12) Exercise the power of eminent domain in the manner and to the same extent as provided by the laws of this state for the exercise of such power by telecommunications companies; (13) Adopt, and from time to time, amend, or repeal bylaws; (14) Make any and all contracts necessary, convenient, or appropriate for the full exercise of the powers herein granted; (15) Accept gifts or grants of money, services, or property, real or personal; and (16) Do or perform any other acts and things which may be necessary, convenient, or appropriate to accomplish any purpose of the cooperative authorized by this subchapter. Acts 1951, No. 51, § 4; A.S.A. 1947, § 77-1604; Acts 1989, No. 437, § 5; 1997, No. 316, § 3.

Any cooperative created under the provisions of this subchapter shall have power to:

(1) Sue and be sued in its corporate name;

(2) Have perpetual existence unless limited for a shorter term in its articles of incorporation;

(3) Adopt and use a corporate seal and to alter it;

(4) Furnish, improve, and expand telecommunications service to its members, to federal and state agencies, and to other persons;

(5) Construct, purchase, lease as lessee, or otherwise acquire, and to improve, expand, install, equip, maintain, and operate, and to sell, assign, convey, lease as lessor, mortgage, pledge, or otherwise dispose of or encumber telecommunications lines, facilities or systems, lands, buildings, structures, plant and equipment, exchanges, and any other real or personal property, tangible or intangible, which are necessary or appropriate to accomplish any purpose of the cooperative authorized by this subchapter;

(6) Connect and interconnect its telecommunications lines, facilities, or systems with telecommunications lines, facilities, or systems owned and operated by other telecommunications companies or cooperatives;

(7) Make its facilities available to persons furnishing telecommunications services within or without this state;

(8) Purchase, lease as lessee, or otherwise acquire, and to use and exercise, and to sell, assign, convey, pledge, or otherwise dispose of, or encumber franchises, rights, privileges, licenses, and easements;

(9) Fix membership fees, issue membership certificates, and issue nonvoting shares of stock;

(10) Borrow money and otherwise contract indebtedness, to issue and guarantee notes, bonds, and other evidences of indebtedness, and secure the same by mortgage, pledge, deed of trust, or security deed, or any other encumbrances upon any or all of its then-owned or after-acquired real or personal property, assets, franchises, or revenues;

(11) Construct, maintain, and operate telecommunications equipment, lines, facilities, and systems along, upon, under, and across publicly owned lands, easements, rights-of-way, and public thoroughfares, including, without limitation, all roads, highways, streets, alleys, bridges, and causeways, subject, however, to the same requirements and limitations with respect to the use or occupancy of such thoroughfares and lands as are imposed by the laws of this state on telecommunications companies;

(12) Exercise the power of eminent domain in the manner and to the same extent as provided by the laws of this state for the exercise of such power by telecommunications companies;

(13) Adopt, and from time to time, amend, or repeal bylaws;

(14) Make any and all contracts necessary, convenient, or appropriate for the full exercise of the powers herein granted;

(15) Accept gifts or grants of money, services, or property, real or personal; and

(16) Do or perform any other acts and things which may be necessary, convenient, or appropriate to accomplish any purpose of the cooperative authorized by this subchapter.

Acts 1951, No. 51, § 4; A.S.A. 1947, § 77-1604; Acts 1989, No. 437, § 5; 1997, No. 316, § 3.
Ark. Code Ann. § 23-114-407 — AR Code / Title 23 / Chapter 114 / Subchapter 4 / Section 23-114-407
Bingo sessions
Status: in_force

(a) (1) A bingo session begins when the first game of bingo of the bingo session is commenced by calling the first bingo ball drawn. (2) A licensed authorized organization may conduct one (1) bingo session per calendar day and shall not exceed two (2) bingo sessions during any one (1) calendar week. (b) A bingo session shall not exceed five (5) consecutive hours during any one (1) twenty-four-hour calendar day. Acts 2007, No. 388, § 1.

(a) (1) A bingo session begins when the first game of bingo of the bingo session is commenced by calling the first bingo ball drawn. (2) A licensed authorized organization may conduct one (1) bingo session per calendar day and shall not exceed two (2) bingo sessions during any one (1) calendar week.

(1) A bingo session begins when the first game of bingo of the bingo session is commenced by calling the first bingo ball drawn.

(2) A licensed authorized organization may conduct one (1) bingo session per calendar day and shall not exceed two (2) bingo sessions during any one (1) calendar week.

(b) A bingo session shall not exceed five (5) consecutive hours during any one (1) twenty-four-hour calendar day.

Acts 2007, No. 388, § 1.
Ark. Code Ann. § 23-69-203 — AR Code / Title 23 / Chapter 69 / Subchapter 2 / Section 23-69-203
Application of sections 23-69-204 - 23-69-206 to foreign or domestic arbitrage transactions
Status: in_force

The provisions of §§ 23-69-204 - 23-69-206 shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules as the Insurance Commissioner may adopt in order to carry out the purposes of this subchapter. Amended by Act 2019, No. 315,§ 2687, eff. 7/24/2019. Acts 1965, No. 107, § 5; A.S.A. 1947, § 66-4262.

The provisions of §§ 23-69-204 - 23-69-206 shall not apply to foreign or domestic arbitrage transactions unless made in contravention of such rules as the Insurance Commissioner may adopt in order to carry out the purposes of this subchapter.

Amended by Act 2019, No. 315,§ 2687, eff. 7/24/2019.

Acts 1965, No. 107, § 5; A.S.A. 1947, § 66-4262.
Ark. Code Ann. § 23-18-1104 — AR Code / Title 23 / Chapter 18 / Subchapter 11 / Section 23-18-1104
Electric utility - Retirement review
Status: in_force

(a) Starting in 2024 and continuing one (1) time every three (3) years, the Arkansas Public Service Commission shall produce a report discussing the remaining useful lives of existing electric generating units based on data and information previously provided in the integrated resource plans of electric utilities prepared under § 23-18-106 . (b) The report under subsection (a) of this section shall include only existing electric generating units with a planned or announced retirement date of less than five (5) years from the date of the report. Amended by Act 2023, No. 717,§ 1, eff. 8/1/2023. Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.

(a) Starting in 2024 and continuing one (1) time every three (3) years, the Arkansas Public Service Commission shall produce a report discussing the remaining useful lives of existing electric generating units based on data and information previously provided in the integrated resource plans of electric utilities prepared under § 23-18-106 .

(b) The report under subsection (a) of this section shall include only existing electric generating units with a planned or announced retirement date of less than five (5) years from the date of the report.

Amended by Act 2023, No. 717,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 694,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 23-74-104 — AR Code / Title 23 / Chapter 74 / Subchapter 1 / Section 23-74-104
Definitions
Status: in_force

As used in this chapter: (1) "Benefit contract" means the agreement for provision of benefits authorized by § 23-74-401 , as that agreement is described in § 23-74-404(a) ; (2) "Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract; (3) "Certificate" means the document issued as written evidence of the benefit contract; (4) "Laws" means the society's articles of incorporation, constitution, and bylaws, however designated; (5) "Lodge" means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designations; (6) "Premiums" means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate; (7) "Rules" means all rules, regulations, or resolutions: (A) Adopted by the supreme governing body or board of directors; and (B) Which are intended to have general application to members of the society; and (8) "Society" means fraternal benefit society, unless otherwise indicated. Acts 1989, No. 881, § 1.

As used in this chapter:

(1) "Benefit contract" means the agreement for provision of benefits authorized by § 23-74-401 , as that agreement is described in § 23-74-404(a) ;

(2) "Benefit member" means an adult member who is designated by the laws or rules of the society to be a benefit member under a benefit contract;

(3) "Certificate" means the document issued as written evidence of the benefit contract;

(4) "Laws" means the society's articles of incorporation, constitution, and bylaws, however designated;

(5) "Lodge" means subordinate member units of the society, known as camps, courts, councils, branches, or by any other designations;

(6) "Premiums" means premiums, rates, dues, or other required contributions by whatever name known, which are payable under the certificate;

(7) "Rules" means all rules, regulations, or resolutions: (A) Adopted by the supreme governing body or board of directors; and (B) Which are intended to have general application to members of the society; and

(A) Adopted by the supreme governing body or board of directors; and

(B) Which are intended to have general application to members of the society; and

(8) "Society" means fraternal benefit society, unless otherwise indicated.

Acts 1989, No. 881, § 1.
Ark. Code Ann. § 23-40-111 — AR Code / Title 23 / Chapter 40 / Section 23-40-111
Issuance of permit - Cancellation or denial
Status: in_force

(a) (1) The Insurance Commissioner may issue a permit conditioned upon satisfactory completion of all requirements of this chapter prior to the applicant's offering for sale or selling prepaid funeral benefits. (2) In addition, prior to the issuance of either an initial or renewal permit, the applicant must be deemed by the commissioner to be competent, trustworthy, and financially responsible to engage in the sale of prepaid funeral contracts in this state. (b) (1) The commissioner may deny an initial application for failure to meet the requirements of subsection (a) of this section or for the applicant's failure to comply with any material provision of this chapter or any valid rule that the commissioner has prescribed, after: (A) Thirty (30) days' notice to the applicant or permittee setting forth the grounds for the cancellation, the denial of application for initial permit, or refusal to renew; and (B) A hearing if the applicant or permittee requests a hearing. (2) After notice to the licensee and after a hearing, the commissioner may suspend any permit under this chapter for up to thirty-six (36) months or may revoke or refuse to continue any permit under this chapter if the commissioner finds that: (A) The licensee has failed to comply with any material provision of this chapter or any valid rule or order that the commissioner has prescribed; (B) The licensee has obtained its permit through misrepresentation or fraud; (C) An officer, director, or owner of the licensee has improperly withheld, misappropriated, or converted any moneys or properties received in the course of prepaid funeral contracts business to the licensee's own use; (D) An officer, director, or owner of the licensee has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business; (E) The licensee has failed to provide a written response after receipt of a written inquiry from the commissioner or his or her representative as to transactions under the license within thirty (30) days after receipt thereof unless the commissioner or his or her representative knowingly waives the timely response requirement in writing; (F) The licensee has refused to be examined or produce any of his or her accounts, records, and files for examination or has failed to cooperate with the commissioner in an investigation when requested by the commissioner or his or her representative; or (G) The licensee is in violation of any grounds under § 23-40-114(a) sufficient to subject the organization to delinquency proceedings. (3) (A) If the commissioner finds that one (1) or more grounds exist for the suspension or revocation of any license, the commissioner may impose upon the licensee an administrative penalty in the amount of up to one thousand dollars ($1,000) per violation. (B) If the commissioner finds willful misconduct or willful violation on the part of the licensee, the commissioner may impose upon the licensee an administrative penalty of up to five thousand dollars ($5,000) per violation. (C) In addition to either penalty imposed under subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, the commissioner may also order restitution of actual losses to affected persons. (4) If the commissioner finds in his or her order that the public health, safety, or welfare imperatively requires emergency action, the commissioner may summarily suspend any license issued by him or her but shall promptly hold an administrative hearing regarding the suspension. (5) (A) Upon notice and hearing, if the commissioner finds that the licensee has violated a provision of the prepaid funeral benefits laws of this state or any rule or order of the commissioner and that the licensee has previously violated provisions of the prepaid funeral benefits laws of this state or any rule or order of the commissioner, the commissioner may: (i) Take judicial notice of previous orders against the licensee; and (ii) Enhance or increase the penalties ordered in the current proceeding against the licensee. (B) The commissioner may enter an order under subdivision (b)(5)(A) of this section by: (i) The commissioner's own order; or (ii) An order entered with the consent of the parties. (C) The commissioner shall incorporate a finding under subdivision (b)(5)(A) of this section in any order issued under this subdivision (b)(5). (6) (A) (i) (a) Under § 23-40-110(c) , a licensee's permit expires on June 1 of each year. (b) For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1. (c) If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner: (1) Any existing nonfulfilled prepaid contracts; (2) Contract files; (3) Inventory reports; (4) In-force reports; and (5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business. (ii) (a) If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date of the expiration of the permit. (b) If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee. (iii) (a) If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (b) At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee. (c) If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee. (iv) If the licensee's permit is revoked, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (B) The licensee's failure to surrender all the documentation under subdivision (b)(6)(A)(i) (c) of this section if there has been a nonrenewal within thirty (30) days of June 1 of a permit, suspension, or revocation, shall subject the licensee to an administrative penalty of: (i) One thousand dollars ($1,000) per violation if the licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (ii) Five thousand dollars ($5,000) per violation if: (a) The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (b) The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6). (c) Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction. Amended by Act 2023, No. 345,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 2505, eff. 7/24/2019. Acts 1985, No. 156, §§ 5, 7; A.S.A. 1947, §§ 67-1717, 67-1719; Acts 1995, No. 852, § 4; 1999, No. 347, § 1; 2003, No. 987, § 1.

(a) (1) The Insurance Commissioner may issue a permit conditioned upon satisfactory completion of all requirements of this chapter prior to the applicant's offering for sale or selling prepaid funeral benefits. (2) In addition, prior to the issuance of either an initial or renewal permit, the applicant must be deemed by the commissioner to be competent, trustworthy, and financially responsible to engage in the sale of prepaid funeral contracts in this state.

(1) The Insurance Commissioner may issue a permit conditioned upon satisfactory completion of all requirements of this chapter prior to the applicant's offering for sale or selling prepaid funeral benefits.

(2) In addition, prior to the issuance of either an initial or renewal permit, the applicant must be deemed by the commissioner to be competent, trustworthy, and financially responsible to engage in the sale of prepaid funeral contracts in this state.

(b) (1) The commissioner may deny an initial application for failure to meet the requirements of subsection (a) of this section or for the applicant's failure to comply with any material provision of this chapter or any valid rule that the commissioner has prescribed, after: (A) Thirty (30) days' notice to the applicant or permittee setting forth the grounds for the cancellation, the denial of application for initial permit, or refusal to renew; and (B) A hearing if the applicant or permittee requests a hearing. (2) After notice to the licensee and after a hearing, the commissioner may suspend any permit under this chapter for up to thirty-six (36) months or may revoke or refuse to continue any permit under this chapter if the commissioner finds that: (A) The licensee has failed to comply with any material provision of this chapter or any valid rule or order that the commissioner has prescribed; (B) The licensee has obtained its permit through misrepresentation or fraud; (C) An officer, director, or owner of the licensee has improperly withheld, misappropriated, or converted any moneys or properties received in the course of prepaid funeral contracts business to the licensee's own use; (D) An officer, director, or owner of the licensee has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business; (E) The licensee has failed to provide a written response after receipt of a written inquiry from the commissioner or his or her representative as to transactions under the license within thirty (30) days after receipt thereof unless the commissioner or his or her representative knowingly waives the timely response requirement in writing; (F) The licensee has refused to be examined or produce any of his or her accounts, records, and files for examination or has failed to cooperate with the commissioner in an investigation when requested by the commissioner or his or her representative; or (G) The licensee is in violation of any grounds under § 23-40-114(a) sufficient to subject the organization to delinquency proceedings. (3) (A) If the commissioner finds that one (1) or more grounds exist for the suspension or revocation of any license, the commissioner may impose upon the licensee an administrative penalty in the amount of up to one thousand dollars ($1,000) per violation. (B) If the commissioner finds willful misconduct or willful violation on the part of the licensee, the commissioner may impose upon the licensee an administrative penalty of up to five thousand dollars ($5,000) per violation. (C) In addition to either penalty imposed under subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, the commissioner may also order restitution of actual losses to affected persons. (4) If the commissioner finds in his or her order that the public health, safety, or welfare imperatively requires emergency action, the commissioner may summarily suspend any license issued by him or her but shall promptly hold an administrative hearing regarding the suspension. (5) (A) Upon notice and hearing, if the commissioner finds that the licensee has violated a provision of the prepaid funeral benefits laws of this state or any rule or order of the commissioner and that the licensee has previously violated provisions of the prepaid funeral benefits laws of this state or any rule or order of the commissioner, the commissioner may: (i) Take judicial notice of previous orders against the licensee; and (ii) Enhance or increase the penalties ordered in the current proceeding against the licensee. (B) The commissioner may enter an order under subdivision (b)(5)(A) of this section by: (i) The commissioner's own order; or (ii) An order entered with the consent of the parties. (C) The commissioner shall incorporate a finding under subdivision (b)(5)(A) of this section in any order issued under this subdivision (b)(5). (6) (A) (i) (a) Under § 23-40-110(c) , a licensee's permit expires on June 1 of each year. (b) For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1. (c) If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner: (1) Any existing nonfulfilled prepaid contracts; (2) Contract files; (3) Inventory reports; (4) In-force reports; and (5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business. (ii) (a) If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date of the expiration of the permit. (b) If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee. (iii) (a) If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (b) At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee. (c) If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee. (iv) If the licensee's permit is revoked, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (B) The licensee's failure to surrender all the documentation under subdivision (b)(6)(A)(i) (c) of this section if there has been a nonrenewal within thirty (30) days of June 1 of a permit, suspension, or revocation, shall subject the licensee to an administrative penalty of: (i) One thousand dollars ($1,000) per violation if the licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (ii) Five thousand dollars ($5,000) per violation if: (a) The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (b) The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6). (c) Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction.

(1) The commissioner may deny an initial application for failure to meet the requirements of subsection (a) of this section or for the applicant's failure to comply with any material provision of this chapter or any valid rule that the commissioner has prescribed, after: (A) Thirty (30) days' notice to the applicant or permittee setting forth the grounds for the cancellation, the denial of application for initial permit, or refusal to renew; and (B) A hearing if the applicant or permittee requests a hearing.

(A) Thirty (30) days' notice to the applicant or permittee setting forth the grounds for the cancellation, the denial of application for initial permit, or refusal to renew; and

(B) A hearing if the applicant or permittee requests a hearing.

(2) After notice to the licensee and after a hearing, the commissioner may suspend any permit under this chapter for up to thirty-six (36) months or may revoke or refuse to continue any permit under this chapter if the commissioner finds that: (A) The licensee has failed to comply with any material provision of this chapter or any valid rule or order that the commissioner has prescribed; (B) The licensee has obtained its permit through misrepresentation or fraud; (C) An officer, director, or owner of the licensee has improperly withheld, misappropriated, or converted any moneys or properties received in the course of prepaid funeral contracts business to the licensee's own use; (D) An officer, director, or owner of the licensee has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business; (E) The licensee has failed to provide a written response after receipt of a written inquiry from the commissioner or his or her representative as to transactions under the license within thirty (30) days after receipt thereof unless the commissioner or his or her representative knowingly waives the timely response requirement in writing; (F) The licensee has refused to be examined or produce any of his or her accounts, records, and files for examination or has failed to cooperate with the commissioner in an investigation when requested by the commissioner or his or her representative; or (G) The licensee is in violation of any grounds under § 23-40-114(a) sufficient to subject the organization to delinquency proceedings.

(A) The licensee has failed to comply with any material provision of this chapter or any valid rule or order that the commissioner has prescribed;

(B) The licensee has obtained its permit through misrepresentation or fraud;

(C) An officer, director, or owner of the licensee has improperly withheld, misappropriated, or converted any moneys or properties received in the course of prepaid funeral contracts business to the licensee's own use;

(D) An officer, director, or owner of the licensee has been found to have committed any unfair trade practice or fraud during the course of prepaid funeral contracts business;

(E) The licensee has failed to provide a written response after receipt of a written inquiry from the commissioner or his or her representative as to transactions under the license within thirty (30) days after receipt thereof unless the commissioner or his or her representative knowingly waives the timely response requirement in writing;

(F) The licensee has refused to be examined or produce any of his or her accounts, records, and files for examination or has failed to cooperate with the commissioner in an investigation when requested by the commissioner or his or her representative; or

(G) The licensee is in violation of any grounds under § 23-40-114(a) sufficient to subject the organization to delinquency proceedings.

(3) (A) If the commissioner finds that one (1) or more grounds exist for the suspension or revocation of any license, the commissioner may impose upon the licensee an administrative penalty in the amount of up to one thousand dollars ($1,000) per violation. (B) If the commissioner finds willful misconduct or willful violation on the part of the licensee, the commissioner may impose upon the licensee an administrative penalty of up to five thousand dollars ($5,000) per violation. (C) In addition to either penalty imposed under subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, the commissioner may also order restitution of actual losses to affected persons.

(A) If the commissioner finds that one (1) or more grounds exist for the suspension or revocation of any license, the commissioner may impose upon the licensee an administrative penalty in the amount of up to one thousand dollars ($1,000) per violation.

(B) If the commissioner finds willful misconduct or willful violation on the part of the licensee, the commissioner may impose upon the licensee an administrative penalty of up to five thousand dollars ($5,000) per violation.

(C) In addition to either penalty imposed under subdivision (b)(3)(A) or subdivision (b)(3)(B) of this section, the commissioner may also order restitution of actual losses to affected persons.

(4) If the commissioner finds in his or her order that the public health, safety, or welfare imperatively requires emergency action, the commissioner may summarily suspend any license issued by him or her but shall promptly hold an administrative hearing regarding the suspension.

(5) (A) Upon notice and hearing, if the commissioner finds that the licensee has violated a provision of the prepaid funeral benefits laws of this state or any rule or order of the commissioner and that the licensee has previously violated provisions of the prepaid funeral benefits laws of this state or any rule or order of the commissioner, the commissioner may: (i) Take judicial notice of previous orders against the licensee; and (ii) Enhance or increase the penalties ordered in the current proceeding against the licensee. (B) The commissioner may enter an order under subdivision (b)(5)(A) of this section by: (i) The commissioner's own order; or (ii) An order entered with the consent of the parties. (C) The commissioner shall incorporate a finding under subdivision (b)(5)(A) of this section in any order issued under this subdivision (b)(5).

(A) Upon notice and hearing, if the commissioner finds that the licensee has violated a provision of the prepaid funeral benefits laws of this state or any rule or order of the commissioner and that the licensee has previously violated provisions of the prepaid funeral benefits laws of this state or any rule or order of the commissioner, the commissioner may: (i) Take judicial notice of previous orders against the licensee; and (ii) Enhance or increase the penalties ordered in the current proceeding against the licensee.

(i) Take judicial notice of previous orders against the licensee; and

(ii) Enhance or increase the penalties ordered in the current proceeding against the licensee.

(B) The commissioner may enter an order under subdivision (b)(5)(A) of this section by: (i) The commissioner's own order; or (ii) An order entered with the consent of the parties.

(i) The commissioner's own order; or

(ii) An order entered with the consent of the parties.

(C) The commissioner shall incorporate a finding under subdivision (b)(5)(A) of this section in any order issued under this subdivision (b)(5).

(6) (A) (i) (a) Under § 23-40-110(c) , a licensee's permit expires on June 1 of each year. (b) For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1. (c) If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner: (1) Any existing nonfulfilled prepaid contracts; (2) Contract files; (3) Inventory reports; (4) In-force reports; and (5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business. (ii) (a) If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date of the expiration of the permit. (b) If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee. (iii) (a) If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (b) At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee. (c) If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee. (iv) If the licensee's permit is revoked, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (B) The licensee's failure to surrender all the documentation under subdivision (b)(6)(A)(i) (c) of this section if there has been a nonrenewal within thirty (30) days of June 1 of a permit, suspension, or revocation, shall subject the licensee to an administrative penalty of: (i) One thousand dollars ($1,000) per violation if the licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (ii) Five thousand dollars ($5,000) per violation if: (a) The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (b) The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6). (c) Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction.

(A) (i) (a) Under § 23-40-110(c) , a licensee's permit expires on June 1 of each year. (b) For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1. (c) If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner: (1) Any existing nonfulfilled prepaid contracts; (2) Contract files; (3) Inventory reports; (4) In-force reports; and (5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business. (ii) (a) If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date of the expiration of the permit. (b) If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee. (iii) (a) If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (b) At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee. (c) If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee. (iv) If the licensee's permit is revoked, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order.

(i) (a) Under § 23-40-110(c) , a licensee's permit expires on June 1 of each year. (b) For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1. (c) If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner: (1) Any existing nonfulfilled prepaid contracts; (2) Contract files; (3) Inventory reports; (4) In-force reports; and (5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business.

(a) Under § 23-40-110(c) , a licensee's permit expires on June 1 of each year.

(b) For each licensee that has not renewed a permit by June 1, the commissioner shall send a notice to the licensee that the licensee is required to renew the permit within thirty (30) days of June 1.

(c) If a licensee's permit is not renewed within thirty (30) days of June 1 or is suspended or is revoked, then the licensee shall surrender to the commissioner: (1) Any existing nonfulfilled prepaid contracts; (2) Contract files; (3) Inventory reports; (4) In-force reports; and (5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business.

(1) Any existing nonfulfilled prepaid contracts;

(2) Contract files;

(3) Inventory reports;

(4) In-force reports; and

(5) Any other documentation pertaining to the administration of the licensee's prepaid funeral benefits business.

(ii) (a) If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date of the expiration of the permit. (b) If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee.

(a) If the licensee's permit has lapsed, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date of the expiration of the permit.

(b) If the licensee renews the licensee's permit, then at the time the renewal is approved, the commissioner shall return the documentation to the licensee.

(iii) (a) If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order. (b) At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee. (c) If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee.

(a) If the licensee's permit is suspended, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order.

(b) At the end of the period of suspension, if no other action is taken against the licensee, then the commissioner shall return the documentation to the licensee.

(c) If the permit is subsequently revoked, then the commissioner shall not return any documentation to the licensee.

(iv) If the licensee's permit is revoked, then the licensee shall surrender the documentation under subdivision (b)(6)(A)(i) (c) of this section within thirty (30) days of the date the commissioner's order is entered or within thirty (30) days after the deadline to appeal the commissioner's order.

(B) The licensee's failure to surrender all the documentation under subdivision (b)(6)(A)(i) (c) of this section if there has been a nonrenewal within thirty (30) days of June 1 of a permit, suspension, or revocation, shall subject the licensee to an administrative penalty of: (i) One thousand dollars ($1,000) per violation if the licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (ii) Five thousand dollars ($5,000) per violation if: (a) The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (b) The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6). (c) Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction.

(i) One thousand dollars ($1,000) per violation if the licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and

(ii) Five thousand dollars ($5,000) per violation if: (a) The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and (b) The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6). (c) Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction.

(a) The licensee fails to comply with the applicable thirty-day timeline to surrender the documentation under this subdivision (b)(6); and

(b) The commissioner finds willful misconduct or a willful violation of this subdivision (b)(6).

(c) Any person aggrieved by the action of the commissioner may appeal therefrom to any state court of competent jurisdiction.

Amended by Act 2023, No. 345,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 2505, eff. 7/24/2019.

Acts 1985, No. 156, §§ 5, 7; A.S.A. 1947, §§ 67-1717, 67-1719; Acts 1995, No. 852, § 4; 1999, No. 347, § 1; 2003, No. 987, § 1.
Ark. Code Ann. § 23-48-806 — AR Code / Title 23 / Chapter 48 / Subchapter 8 / Section 23-48-806
Interconnected terminals
Status: in_force

(a) In order to permit the transaction of any banking function authorized under this subchapter between a bank and its customers, any bank, pursuant to the provisions of this subchapter, may be interconnected with: (1) One (1) or more customer-bank communication terminals, including out-of-state customer-bank communication terminals, established by one (1) or more other banks; and (2) One (1) or more electronic funds transfer systems or computer systems, regardless of the location of the banks, customer-bank communication terminals, electronic funds transfer systems, or computer systems. (b) However, nothing in this section shall be construed as permitting any out-of-state bank, other than a registered out-of-state bank, to conduct banking business in this state unless expressly permitted by the Arkansas Banking Code of 1997. Acts 1997, No. 89, § 1; 1997, No. 408, § 19.

(a) In order to permit the transaction of any banking function authorized under this subchapter between a bank and its customers, any bank, pursuant to the provisions of this subchapter, may be interconnected with: (1) One (1) or more customer-bank communication terminals, including out-of-state customer-bank communication terminals, established by one (1) or more other banks; and (2) One (1) or more electronic funds transfer systems or computer systems, regardless of the location of the banks, customer-bank communication terminals, electronic funds transfer systems, or computer systems.

(1) One (1) or more customer-bank communication terminals, including out-of-state customer-bank communication terminals, established by one (1) or more other banks; and

(2) One (1) or more electronic funds transfer systems or computer systems, regardless of the location of the banks, customer-bank communication terminals, electronic funds transfer systems, or computer systems.

(b) However, nothing in this section shall be construed as permitting any out-of-state bank, other than a registered out-of-state bank, to conduct banking business in this state unless expressly permitted by the Arkansas Banking Code of 1997.

Acts 1997, No. 89, § 1; 1997, No. 408, § 19.
Ark. Code Ann. § 23-66-607 — AR Code / Title 23 / Chapter 66 / Subchapter 6 / Section 23-66-607
Customer privacy
Status: in_force

No person, depository institution, or affiliate of a depository institution who lends money or extends credit may release, without the express consent of the customer, borrower, mortgagor, or purchaser: (1) Insurance information of a customer relative to a policy which is required by the credit transaction, for the purpose of soliciting, selling, or replacing such insurance. This provision does not apply: (A) In case of a transfer of insurance information to an unaffiliated insurer in connection with transferring insurance in force on an existing customer of the depository institution, or an affiliate thereof, or in connection with a merger with or acquisition of an unaffiliated insurer, or the release of information as otherwise authorized by state or federal law; and (B) To the use or disclosure of insurance information to an officer, director, employee, agent, or affiliate of a depository institution; or (2) Health information obtained from the insurance records of a customer for any purpose other than for its activities as a licensed producer. Acts 1997, No. 900, § 6; 2001, No. 1728, § 3.

No person, depository institution, or affiliate of a depository institution who lends money or extends credit may release, without the express consent of the customer, borrower, mortgagor, or purchaser:

(1) Insurance information of a customer relative to a policy which is required by the credit transaction, for the purpose of soliciting, selling, or replacing such insurance. This provision does not apply: (A) In case of a transfer of insurance information to an unaffiliated insurer in connection with transferring insurance in force on an existing customer of the depository institution, or an affiliate thereof, or in connection with a merger with or acquisition of an unaffiliated insurer, or the release of information as otherwise authorized by state or federal law; and (B) To the use or disclosure of insurance information to an officer, director, employee, agent, or affiliate of a depository institution; or

(A) In case of a transfer of insurance information to an unaffiliated insurer in connection with transferring insurance in force on an existing customer of the depository institution, or an affiliate thereof, or in connection with a merger with or acquisition of an unaffiliated insurer, or the release of information as otherwise authorized by state or federal law; and

(B) To the use or disclosure of insurance information to an officer, director, employee, agent, or affiliate of a depository institution; or

(2) Health information obtained from the insurance records of a customer for any purpose other than for its activities as a licensed producer.

Acts 1997, No. 900, § 6; 2001, No. 1728, § 3.
Ark. Code Ann. § 23-10-213 — AR Code / Title 23 / Chapter 10 / Subchapter 2 / Section 23-10-213
Special passenger excursion train - Definitions
Status: in_force

(a) (1) Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion train is operated, for all claims, whether for compensatory damages or punitive damages, arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train shall not exceed ten million dollars ($10,000,000). (2) This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident. (b) (1) The nonprofit sponsor of a special passenger excursion train shall maintain insurance coverage of not less than ten million dollars ($10,000,000) per occurrence, with the nonprofit sponsor and the railroad or rail authority over whose tracks the special passenger excursion train is operated as named insureds. (2) Such insurance shall not have a self-insured retention or deductible greater than one hundred thousand dollars ($100,000). (3) A nonprofit sponsor shall provide evidence of such coverage upon demand of the State Highway Commission or by the railroad or rail authority over whose tracks the special passenger excursion train is to be operated. (c) Nothing in this section shall be construed as requiring a railroad or rail authority to permit the operation of a special passenger excursion train over its tracks. (d) As used in this section: (1) "Nonprofit sponsor" means a nonprofit corporation other than a railroad or rail authority whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of 26 U.S.C. § 501(c)(3) , as amended; and (2) "Special passenger excursion train" means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority. Acts 1995, No. 1251, §§ 1, 2.

(a) (1) Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion train is operated, for all claims, whether for compensatory damages or punitive damages, arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train shall not exceed ten million dollars ($10,000,000). (2) This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident.

(1) Notwithstanding any other law to the contrary, the liability of a nonprofit sponsor of a special passenger excursion train, the owner or operator of a special passenger excursion train, and the railroad or rail authority over whose tracks the special passenger excursion train is operated, for all claims, whether for compensatory damages or punitive damages, arising from a rail incident or accident occurring in Arkansas and involving a special passenger excursion train shall not exceed ten million dollars ($10,000,000).

(2) This section shall not limit the liability of a person whose intentional misconduct causes a rail incident or accident.

(b) (1) The nonprofit sponsor of a special passenger excursion train shall maintain insurance coverage of not less than ten million dollars ($10,000,000) per occurrence, with the nonprofit sponsor and the railroad or rail authority over whose tracks the special passenger excursion train is operated as named insureds. (2) Such insurance shall not have a self-insured retention or deductible greater than one hundred thousand dollars ($100,000). (3) A nonprofit sponsor shall provide evidence of such coverage upon demand of the State Highway Commission or by the railroad or rail authority over whose tracks the special passenger excursion train is to be operated.

(1) The nonprofit sponsor of a special passenger excursion train shall maintain insurance coverage of not less than ten million dollars ($10,000,000) per occurrence, with the nonprofit sponsor and the railroad or rail authority over whose tracks the special passenger excursion train is operated as named insureds.

(2) Such insurance shall not have a self-insured retention or deductible greater than one hundred thousand dollars ($100,000).

(3) A nonprofit sponsor shall provide evidence of such coverage upon demand of the State Highway Commission or by the railroad or rail authority over whose tracks the special passenger excursion train is to be operated.

(c) Nothing in this section shall be construed as requiring a railroad or rail authority to permit the operation of a special passenger excursion train over its tracks.

(d) As used in this section: (1) "Nonprofit sponsor" means a nonprofit corporation other than a railroad or rail authority whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of 26 U.S.C. § 501(c)(3) , as amended; and (2) "Special passenger excursion train" means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority.

(1) "Nonprofit sponsor" means a nonprofit corporation other than a railroad or rail authority whose purpose includes the historic preservation of documents, memorabilia, and equipment associated with the railroad industry, and public education regarding the history, current functions, and future of railroad transportation and which is exclusive to religious, scientific, literary, or educational within the meaning of 26 U.S.C. § 501(c)(3) , as amended; and

(2) "Special passenger excursion train" means a train offered by a nonprofit sponsor to the public for operation over a common carrier railroad or railroad authority.

Acts 1995, No. 1251, §§ 1, 2.
Ark. Code Ann. § 23-40-120 — AR Code / Title 23 / Chapter 40 / Section 23-40-120
Records required - Examination
Status: in_force

(a) Each organization which has outstanding contracts for prepaid funeral benefits shall maintain within this state any records which the Insurance Commissioner may require to enable him or her to determine whether the organization is complying with the provisions of this chapter. (b) (1) The records shall be subject to examination by the commissioner, or his or her representatives, as often as he or she deems advisable and not less frequently than every three (3) years. However, the commissioner shall determine the date of original examination without regard to the date of the original permit. (2) Each permittee examined shall pay the actual meals, hotel, and traveling expenses of each authorized examiner from Little Rock and return. The expenses shall be prorated if more than one (1) examination is made on an examination trip. (3) (A) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this chapter: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . (B) All working papers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of the organization: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . (C) A recipient of information under this section other than the commissioner or department personnel must agree in writing to provide the confidential treatment required by this section prior to receiving the information, unless the prior written consent of the company to which the information pertains has been obtained. Acts 1985, No. 156, § 12; A.S.A. 1947, § 67-1724; Acts 1995, No. 852, § 11; 1999, No. 881, § 3; 2005, No. 506, § 6.

(a) Each organization which has outstanding contracts for prepaid funeral benefits shall maintain within this state any records which the Insurance Commissioner may require to enable him or her to determine whether the organization is complying with the provisions of this chapter.

(b) (1) The records shall be subject to examination by the commissioner, or his or her representatives, as often as he or she deems advisable and not less frequently than every three (3) years. However, the commissioner shall determine the date of original examination without regard to the date of the original permit. (2) Each permittee examined shall pay the actual meals, hotel, and traveling expenses of each authorized examiner from Little Rock and return. The expenses shall be prorated if more than one (1) examination is made on an examination trip. (3) (A) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this chapter: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . (B) All working papers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of the organization: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . (C) A recipient of information under this section other than the commissioner or department personnel must agree in writing to provide the confidential treatment required by this section prior to receiving the information, unless the prior written consent of the company to which the information pertains has been obtained.

(1) The records shall be subject to examination by the commissioner, or his or her representatives, as often as he or she deems advisable and not less frequently than every three (3) years. However, the commissioner shall determine the date of original examination without regard to the date of the original permit.

(2) Each permittee examined shall pay the actual meals, hotel, and traveling expenses of each authorized examiner from Little Rock and return. The expenses shall be prorated if more than one (1) examination is made on an examination trip.

(3) (A) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this chapter: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . (B) All working papers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of the organization: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 . (C) A recipient of information under this section other than the commissioner or department personnel must agree in writing to provide the confidential treatment required by this section prior to receiving the information, unless the prior written consent of the company to which the information pertains has been obtained.

(A) All working papers, recorded information, documents, and copies produced by, obtained by, or disclosed to the commissioner or any other person in the course of an examination made under this chapter: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 .

(i) Shall be treated as confidential;

(ii) Are not subject to subpoena; and

(iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 .

(B) All working papers, financial statement analyses, ratio calculations, and any other materials produced by State Insurance Department financial examiners or analysts, or documents submitted or disclosed to the department by an insurer in response to a request from a department financial examiner or analyst during the course of reviewing or investigating the financial solvency, condition, or affairs of the organization: (i) Shall be treated as confidential; (ii) Are not subject to subpoena; and (iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 .

(i) Shall be treated as confidential;

(ii) Are not subject to subpoena; and

(iii) May not be made public by the commissioner or any other person, except to the extent provided in § 23-61-205 .

(C) A recipient of information under this section other than the commissioner or department personnel must agree in writing to provide the confidential treatment required by this section prior to receiving the information, unless the prior written consent of the company to which the information pertains has been obtained.

Acts 1985, No. 156, § 12; A.S.A. 1947, § 67-1724; Acts 1995, No. 852, § 11; 1999, No. 881, § 3; 2005, No. 506, § 6.
Ark. Code Ann. § 23-81-305 — AR Code / Title 23 / Chapter 81 / Subchapter 3 / Section 23-81-305
Computation of present value
Status: in_force

(a) Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date. (b) The present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract. Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.

(a) Any paid-up annuity benefit available under a contract shall be such that its present value on the date annuity payments are to commence is at least equal to the minimum nonforfeiture amount on that date.

(b) The present value shall be computed using the mortality table, if any, and the interest rate specified in the contract for determining the minimum paid-up annuity benefits guaranteed in the contract.

Acts 1981, No. 492, § 1; A.S.A. 1947, § 66-3327.1.
Ark. Code Ann. § 23-2-316 — AR Code / Title 23 / Chapter 2 / Subchapter 3 / Section 23-2-316
Records of commission open to public - Exceptions - Protective orders
Status: in_force

(a) All facts and information, including all reports, records, files, books, accounts, papers, and memoranda in the possession of the commission, shall be public and open to public inspection at all reasonable times. (b) (1) Whenever the commission determines it to be necessary in the interest of the public or, as to proprietary facts or trade secrets, in the interest of the utility to withhold such facts and information from the public, the commission shall do so. (2) The commission may take such action in the nature of, but not limited to, issuing protective orders, temporarily or permanently sealing records, or making other appropriate orders to prevent or otherwise limit public disclosure of facts and information. Acts 1935, No. 324, § 27; Pope's Dig., § 2090; Acts 1981, No. 913, § 1; A.S.A. 1947, § 73-226.

(a) All facts and information, including all reports, records, files, books, accounts, papers, and memoranda in the possession of the commission, shall be public and open to public inspection at all reasonable times.

(b) (1) Whenever the commission determines it to be necessary in the interest of the public or, as to proprietary facts or trade secrets, in the interest of the utility to withhold such facts and information from the public, the commission shall do so. (2) The commission may take such action in the nature of, but not limited to, issuing protective orders, temporarily or permanently sealing records, or making other appropriate orders to prevent or otherwise limit public disclosure of facts and information.

(1) Whenever the commission determines it to be necessary in the interest of the public or, as to proprietary facts or trade secrets, in the interest of the utility to withhold such facts and information from the public, the commission shall do so.

(2) The commission may take such action in the nature of, but not limited to, issuing protective orders, temporarily or permanently sealing records, or making other appropriate orders to prevent or otherwise limit public disclosure of facts and information.

Acts 1935, No. 324, § 27; Pope's Dig., § 2090; Acts 1981, No. 913, § 1; A.S.A. 1947, § 73-226.
Ark. Code Ann. § 23-113-303 — AR Code / Title 23 / Chapter 113 / Subchapter 3 / Section 23-113-303
Licenses for employees and suppliers
Status: in_force

(a) The Arkansas Racing Commission may require persons employed by the franchise holder in the conduct of wagering on electronic games of skill to obtain a license from the commission under procedures generally consistent with the licensing procedures otherwise applicable to other employees of the franchise holder engaged in the conduct of pari-mutuel wagering on horse racing or greyhound racing, as the case may be. (b) (1) No person may sell or otherwise supply electronic games of skill to a franchise holder for the conduct of wagering thereon as authorized in this chapter or provide repair or other services to electronic games of skill unless the person has: (A) Demonstrated to the satisfaction of the commission that the person has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and (B) Obtained a license from the commission. (2) Each supplier shall pay to the commission an annual license fee in the amount of one thousand dollars ($1,000) for each year or part thereof that the license is in effect. (c) (1) (A) An applicant shall be fingerprinted to determine an applicant's suitability to be issued a franchise holder employee license, supplier license, or service license. (B) The fingerprints shall be forwarded by the commission to the Department of Arkansas State Police for statewide criminal and noncriminal background checks. (C) After completion of the statewide criminal and noncriminal background check, the fingerprints shall be forwarded by the Department of Arkansas State Police to the Federal Bureau of Investigation for a national criminal history record check. (2) The applicant shall sign a release that authorizes the: (A) Department of Arkansas State Police to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and (B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check to the commission. (3) (A) Any information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check shall be kept confidential and may be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission. (B) The commission may disclose any information under subdivision (c)(3)(A) of this section to the applicant or the applicant's duly authorized representative. (4) No statewide criminal and noncriminal background check or national criminal history record check shall be required of applicants for certain classes of licenses that have been exempted from investigation by rules promulgated by the commission. (5) The commission shall promulgate rules to implement this subsection. (d) Any person knowingly making a false statement on an employee or supplier license application under this chapter shall be guilty of a Class A misdemeanor. Acts 2005, No. 1151, § 1; 2007, No. 856, § 5.

(a) The Arkansas Racing Commission may require persons employed by the franchise holder in the conduct of wagering on electronic games of skill to obtain a license from the commission under procedures generally consistent with the licensing procedures otherwise applicable to other employees of the franchise holder engaged in the conduct of pari-mutuel wagering on horse racing or greyhound racing, as the case may be.

(b) (1) No person may sell or otherwise supply electronic games of skill to a franchise holder for the conduct of wagering thereon as authorized in this chapter or provide repair or other services to electronic games of skill unless the person has: (A) Demonstrated to the satisfaction of the commission that the person has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and (B) Obtained a license from the commission. (2) Each supplier shall pay to the commission an annual license fee in the amount of one thousand dollars ($1,000) for each year or part thereof that the license is in effect.

(1) No person may sell or otherwise supply electronic games of skill to a franchise holder for the conduct of wagering thereon as authorized in this chapter or provide repair or other services to electronic games of skill unless the person has: (A) Demonstrated to the satisfaction of the commission that the person has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and (B) Obtained a license from the commission.

(A) Demonstrated to the satisfaction of the commission that the person has the capability and qualifications necessary to reasonably furnish the equipment and perform the services to be provided by the supplier; and

(B) Obtained a license from the commission.

(2) Each supplier shall pay to the commission an annual license fee in the amount of one thousand dollars ($1,000) for each year or part thereof that the license is in effect.

(c) (1) (A) An applicant shall be fingerprinted to determine an applicant's suitability to be issued a franchise holder employee license, supplier license, or service license. (B) The fingerprints shall be forwarded by the commission to the Department of Arkansas State Police for statewide criminal and noncriminal background checks. (C) After completion of the statewide criminal and noncriminal background check, the fingerprints shall be forwarded by the Department of Arkansas State Police to the Federal Bureau of Investigation for a national criminal history record check. (2) The applicant shall sign a release that authorizes the: (A) Department of Arkansas State Police to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and (B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check to the commission. (3) (A) Any information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check shall be kept confidential and may be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission. (B) The commission may disclose any information under subdivision (c)(3)(A) of this section to the applicant or the applicant's duly authorized representative. (4) No statewide criminal and noncriminal background check or national criminal history record check shall be required of applicants for certain classes of licenses that have been exempted from investigation by rules promulgated by the commission. (5) The commission shall promulgate rules to implement this subsection.

(1) (A) An applicant shall be fingerprinted to determine an applicant's suitability to be issued a franchise holder employee license, supplier license, or service license. (B) The fingerprints shall be forwarded by the commission to the Department of Arkansas State Police for statewide criminal and noncriminal background checks. (C) After completion of the statewide criminal and noncriminal background check, the fingerprints shall be forwarded by the Department of Arkansas State Police to the Federal Bureau of Investigation for a national criminal history record check.

(A) An applicant shall be fingerprinted to determine an applicant's suitability to be issued a franchise holder employee license, supplier license, or service license.

(B) The fingerprints shall be forwarded by the commission to the Department of Arkansas State Police for statewide criminal and noncriminal background checks.

(C) After completion of the statewide criminal and noncriminal background check, the fingerprints shall be forwarded by the Department of Arkansas State Police to the Federal Bureau of Investigation for a national criminal history record check.

(2) The applicant shall sign a release that authorizes the: (A) Department of Arkansas State Police to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and (B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check to the commission.

(A) Department of Arkansas State Police to forward the applicant's fingerprint card to the Federal Bureau of Investigation for a national criminal history record check; and

(B) Release of the results of the statewide criminal and noncriminal background check and the national criminal history record check to the commission.

(3) (A) Any information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check shall be kept confidential and may be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission. (B) The commission may disclose any information under subdivision (c)(3)(A) of this section to the applicant or the applicant's duly authorized representative.

(A) Any information received by the commission from the statewide criminal and noncriminal background check and the national criminal history record check shall be kept confidential and may be used by the commission only for the purpose of determining the applicant's suitability to be licensed by the commission.

(B) The commission may disclose any information under subdivision (c)(3)(A) of this section to the applicant or the applicant's duly authorized representative.

(4) No statewide criminal and noncriminal background check or national criminal history record check shall be required of applicants for certain classes of licenses that have been exempted from investigation by rules promulgated by the commission.

(5) The commission shall promulgate rules to implement this subsection.

(d) Any person knowingly making a false statement on an employee or supplier license application under this chapter shall be guilty of a Class A misdemeanor.

Acts 2005, No. 1151, § 1; 2007, No. 856, § 5.