Ark. Code Ann. § 23-18-106 — AR Code / Title 23 / Chapter 18 / Subchapter 1 / Section 23-18-106
Regulation of resource planning, asset acquisition, and alternative retail services
Status: in_force

(a) The Arkansas Public Service Commission shall have the authority to adopt rules under which electric utilities shall seek commission review and approval of the processes, actions, and plans by which the utilities: (1) Engage in comprehensive resource planning; (2) Acquire electric energy, capacity, and generation assets; or (3) Utilize alternative methods to meet their obligations to serve Arkansas retail electric customers. (b) With regard to electric cooperatives formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., to the extent that an electric distribution cooperative purchases electricity from an electric generation and transmission cooperative pursuant to a wholesale power contract, the authority granted to the commission by subdivisions (a)(1) and (2) of this section shall not extend to the electric distribution cooperative to the extent of such purchases but shall only extend to the electric generation and transmission cooperative. (c) Subsection (a) of this section does not apply to any transaction involving the acquisition of generation assets, which is closed and finalized prior to the adoption of the rules authorized in subsection (a) of this section, or within one (1) year after February 21, 2003, whichever comes later, and which is the subject of an order or ruling of any federal or state regulatory agency issued on or before January 1, 2003. (d) (1) (A) Reasonable and prudent costs incurred in compliance with subsection (a) of this section and in compliance with the provisions of § 23-3-201 et seq. and the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., shall be eligible for recovery in the rates of any electric utility making such an acquisition, subject to final approval by the commission. (B) When the utility establishes that the costs were incurred in compliance with subsection (a) of this section, a rebuttable presumption is established that the costs were reasonable and prudent and incurred in the public interest. (2) Nothing in this subsection shall be deemed to supersede the provisions of § 23-4-103 . (e) The commission may require an electric public utility that is owned by a public utility holding company, as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58, and engages in centralized system-wide resource planning to withdraw from centralized system-wide resource planning if: (1) The commission determines that centralized system-wide resource planning is not in the public interest; and (2) The electric public utility's withdrawal from centralized system-wide resource planning is not otherwise prohibited by law. Amended by Act 2019, No. 315,§ 2473, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2472, eff. 7/24/2019. Acts 2003, No. 204, § 11; 2007, No. 648, § 1.

(a) The Arkansas Public Service Commission shall have the authority to adopt rules under which electric utilities shall seek commission review and approval of the processes, actions, and plans by which the utilities: (1) Engage in comprehensive resource planning; (2) Acquire electric energy, capacity, and generation assets; or (3) Utilize alternative methods to meet their obligations to serve Arkansas retail electric customers.

(1) Engage in comprehensive resource planning;

(2) Acquire electric energy, capacity, and generation assets; or

(3) Utilize alternative methods to meet their obligations to serve Arkansas retail electric customers.

(b) With regard to electric cooperatives formed under the Electric Cooperative Corporation Act, § 23-18-301 et seq., to the extent that an electric distribution cooperative purchases electricity from an electric generation and transmission cooperative pursuant to a wholesale power contract, the authority granted to the commission by subdivisions (a)(1) and (2) of this section shall not extend to the electric distribution cooperative to the extent of such purchases but shall only extend to the electric generation and transmission cooperative.

(c) Subsection (a) of this section does not apply to any transaction involving the acquisition of generation assets, which is closed and finalized prior to the adoption of the rules authorized in subsection (a) of this section, or within one (1) year after February 21, 2003, whichever comes later, and which is the subject of an order or ruling of any federal or state regulatory agency issued on or before January 1, 2003.

(d) (1) (A) Reasonable and prudent costs incurred in compliance with subsection (a) of this section and in compliance with the provisions of § 23-3-201 et seq. and the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., shall be eligible for recovery in the rates of any electric utility making such an acquisition, subject to final approval by the commission. (B) When the utility establishes that the costs were incurred in compliance with subsection (a) of this section, a rebuttable presumption is established that the costs were reasonable and prudent and incurred in the public interest. (2) Nothing in this subsection shall be deemed to supersede the provisions of § 23-4-103 .

(1) (A) Reasonable and prudent costs incurred in compliance with subsection (a) of this section and in compliance with the provisions of § 23-3-201 et seq. and the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., shall be eligible for recovery in the rates of any electric utility making such an acquisition, subject to final approval by the commission. (B) When the utility establishes that the costs were incurred in compliance with subsection (a) of this section, a rebuttable presumption is established that the costs were reasonable and prudent and incurred in the public interest.

(A) Reasonable and prudent costs incurred in compliance with subsection (a) of this section and in compliance with the provisions of § 23-3-201 et seq. and the Utility Facility Environmental and Economic Protection Act, § 23-18-501 et seq., shall be eligible for recovery in the rates of any electric utility making such an acquisition, subject to final approval by the commission.

(B) When the utility establishes that the costs were incurred in compliance with subsection (a) of this section, a rebuttable presumption is established that the costs were reasonable and prudent and incurred in the public interest.

(2) Nothing in this subsection shall be deemed to supersede the provisions of § 23-4-103 .

(e) The commission may require an electric public utility that is owned by a public utility holding company, as defined by section 1262 of the Energy Policy Act of 2005, Pub. L. No. 109-58, and engages in centralized system-wide resource planning to withdraw from centralized system-wide resource planning if: (1) The commission determines that centralized system-wide resource planning is not in the public interest; and (2) The electric public utility's withdrawal from centralized system-wide resource planning is not otherwise prohibited by law.

(1) The commission determines that centralized system-wide resource planning is not in the public interest; and

(2) The electric public utility's withdrawal from centralized system-wide resource planning is not otherwise prohibited by law.

Amended by Act 2019, No. 315,§ 2473, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2472, eff. 7/24/2019.

Acts 2003, No. 204, § 11; 2007, No. 648, § 1.
Ark. Code Ann. § 23-79-2601 — AR Code / Title 23 / Chapter 79 / Subchapter 26 / Section 23-79-2601
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Biomarker" means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered. (B) "Biomarker" includes without limitation gene mutations or protein expression; (2) (A) "Biomarker testing" means the analysis of a patient's tissue, blood, or other biospecimen for the presences of a biomarker. (B) "Biomarker testing" includes without limitation single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing; (3) "Consensus statement" means a statement that: (A) Is developed by an independent, multidisciplinary panel of experts that uses a transparent methodology and reporting structure that includes a conflict of interest policy; (B) Is based on the best available evidence for the purpose of optimizing clinical care outcomes; and (C) Is aimed at specific clinical circumstances; (4) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes indemnity and managed care plans. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; (x) The Arkansas Medicaid Program; or (xi) A program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.; (5) (A) "Healthcare insurer" means any insurance company, hospital and medical service corporation, or health maintenance organization that issues or delivers health benefit plans in this state and is subject to any of the following laws: (i) The insurance laws of this state; (ii) Section 23-75-101 et seq., pertaining to hospital and medical service corporations; or (iii) Section 23-76-101 et seq., pertaining to health maintenance organizations. (B) "Healthcare insurer" does not include an entity that provides only dental benefits or eye and vision care benefits; (6) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession; (7) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that: (A) Are developed by independent organizations or medical professional societies using a: (i) Transparent methodology and reporting structure; and (ii) Conflict of interest policy; and (B) Establish standards of care that are informed by: (i) A systemic review of evidence; and (ii) An assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care; (8) (A) "Subscriber" means an individual eligible to receive coverage of healthcare services by a healthcare professional under a health benefit plan. (B) "Subscriber" includes a subscriber's legally authorized representative; (9) "Urgent healthcare service" means a healthcare service for a non-life-threatening condition that, in the opinion of a physician with knowledge of a subscriber's medical condition, requires prompt medical care in order to prevent: (A) A serious threat to life, limb, or eyesight; (B) Worsening impairment of a bodily function that threatens the body's ability to regain maximum function; (C) Worsening dysfunction or damage of any bodily organ or part that threatens the body's ability to recover from the dysfunction or damage; or (D) Severe pain that cannot be managed without prompt medical care; and (10) (A) "Utilization review entity" means an individual or entity that performs prior authorization for at least one (1) of the following: (i) A healthcare insurer; (ii) A preferred provider organization or health maintenance organization; or (iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract. (B) A healthcare insurer is a utilization review entity if the healthcare insurer performs prior authorization. (C) "Utilization review entity" does not include an insurer of automobile, homeowners, or casualty and commercial liability insurance or the insurer's employees, agents, or contractors. Added by Act 2023, No. 429,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) (A) "Biomarker" means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered. (B) "Biomarker" includes without limitation gene mutations or protein expression;

(A) "Biomarker" means a characteristic that is objectively measured and evaluated as an indicator of normal biological processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered.

(B) "Biomarker" includes without limitation gene mutations or protein expression;

(2) (A) "Biomarker testing" means the analysis of a patient's tissue, blood, or other biospecimen for the presences of a biomarker. (B) "Biomarker testing" includes without limitation single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;

(A) "Biomarker testing" means the analysis of a patient's tissue, blood, or other biospecimen for the presences of a biomarker.

(B) "Biomarker testing" includes without limitation single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;

(3) "Consensus statement" means a statement that: (A) Is developed by an independent, multidisciplinary panel of experts that uses a transparent methodology and reporting structure that includes a conflict of interest policy; (B) Is based on the best available evidence for the purpose of optimizing clinical care outcomes; and (C) Is aimed at specific clinical circumstances;

(A) Is developed by an independent, multidisciplinary panel of experts that uses a transparent methodology and reporting structure that includes a conflict of interest policy;

(B) Is based on the best available evidence for the purpose of optimizing clinical care outcomes; and

(C) Is aimed at specific clinical circumstances;

(4) (A) "Health benefit plan" means an individual, blanket, or group plan, policy, or contract for healthcare services issued, renewed, or extended in this state by a healthcare insurer, health maintenance organization, hospital medical service corporation, or self-insured governmental or church plan in this state. (B) "Health benefit plan" includes indemnity and managed care plans. (C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; (x) The Arkansas Medicaid Program; or (xi) A program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.;

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

(B) "Health benefit plan" includes indemnity and managed care plans.

(C) "Health benefit plan" does not include: (i) A plan that provides only dental benefits or eye and vision care benefits; (ii) A disability income plan; (iii) A credit insurance plan; (iv) Insurance coverage issued as a supplement to liability insurance; (v) Medical payments under an automobile or homeowners insurance plan; (vi) A health benefit plan provided under Arkansas Constitution, Article 5, § 32, the Workers' Compensation Law, § 11-9-101 et seq., and the Public Employee Workers' Compensation Act, § 21-5-601 et seq.; (vii) A plan that provides only indemnity for hospital confinement; (viii) An accident-only plan; (ix) A specified disease plan; (x) The Arkansas Medicaid Program; or (xi) A program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.;

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

(ii) A disability income plan;

(iii) A credit insurance plan;

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

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

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

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

(viii) An accident-only plan;

(ix) A specified disease plan;

(x) The Arkansas Medicaid Program; or

(xi) A program established by the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq.;

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

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

(i) The insurance laws of this state;

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

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

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

(6) "Healthcare professional" means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of the practice of his or her profession;

(7) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that: (A) Are developed by independent organizations or medical professional societies using a: (i) Transparent methodology and reporting structure; and (ii) Conflict of interest policy; and (B) Establish standards of care that are informed by: (i) A systemic review of evidence; and (ii) An assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care;

(A) Are developed by independent organizations or medical professional societies using a: (i) Transparent methodology and reporting structure; and (ii) Conflict of interest policy; and

(i) Transparent methodology and reporting structure; and

(ii) Conflict of interest policy; and

(B) Establish standards of care that are informed by: (i) A systemic review of evidence; and (ii) An assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care;

(i) A systemic review of evidence; and

(ii) An assessment of the benefits and costs of alternative care options that includes recommendations intended to optimize patient care;

(8) (A) "Subscriber" means an individual eligible to receive coverage of healthcare services by a healthcare professional under a health benefit plan. (B) "Subscriber" includes a subscriber's legally authorized representative;

(A) "Subscriber" means an individual eligible to receive coverage of healthcare services by a healthcare professional under a health benefit plan.

(B) "Subscriber" includes a subscriber's legally authorized representative;

(9) "Urgent healthcare service" means a healthcare service for a non-life-threatening condition that, in the opinion of a physician with knowledge of a subscriber's medical condition, requires prompt medical care in order to prevent: (A) A serious threat to life, limb, or eyesight; (B) Worsening impairment of a bodily function that threatens the body's ability to regain maximum function; (C) Worsening dysfunction or damage of any bodily organ or part that threatens the body's ability to recover from the dysfunction or damage; or (D) Severe pain that cannot be managed without prompt medical care; and

(A) A serious threat to life, limb, or eyesight;

(B) Worsening impairment of a bodily function that threatens the body's ability to regain maximum function;

(C) Worsening dysfunction or damage of any bodily organ or part that threatens the body's ability to recover from the dysfunction or damage; or

(D) Severe pain that cannot be managed without prompt medical care; and

(10) (A) "Utilization review entity" means an individual or entity that performs prior authorization for at least one (1) of the following: (i) A healthcare insurer; (ii) A preferred provider organization or health maintenance organization; or (iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract. (B) A healthcare insurer is a utilization review entity if the healthcare insurer performs prior authorization. (C) "Utilization review entity" does not include an insurer of automobile, homeowners, or casualty and commercial liability insurance or the insurer's employees, agents, or contractors.

(A) "Utilization review entity" means an individual or entity that performs prior authorization for at least one (1) of the following: (i) A healthcare insurer; (ii) A preferred provider organization or health maintenance organization; or (iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract.

(i) A healthcare insurer;

(ii) A preferred provider organization or health maintenance organization; or

(iii) Any other individual or entity that provides, offers to provide, or administers hospital, outpatient, medical, or other health benefits to a person treated by a healthcare provider in this state under a policy, health benefit plan, or contract.

(B) A healthcare insurer is a utilization review entity if the healthcare insurer performs prior authorization.

(C) "Utilization review entity" does not include an insurer of automobile, homeowners, or casualty and commercial liability insurance or the insurer's employees, agents, or contractors.

Added by Act 2023, No. 429,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 23-4-1104 — AR Code / Title 23 / Chapter 4 / Subchapter 11 / Section 23-4-1104
Alternative procedure for modifying rates and charges of a generation and transmission cooperative
Status: in_force

(a) (1) (A) After the board approves the modification in rates and charges under § 23-4-1102 , the generation and transmission cooperative shall file for the approval of the Arkansas Public Service Commission an application for the change in rates and charges and tariffs containing the proposed change in rates and charges. (B) However, a rate rider or other rider to the generation and transmission cooperative's base rates and charges shall not be modified under this subchapter unless the commission determines otherwise. (2) In addition to an attachment containing the proposed tariffs to effect the modification of the rates and charges, the application shall provide the following: (A) Proof of the board vote required by § 23-4-1102 ; (B) The proof of notice required by § 23-4-1103 ; (C) A current calculation of the generation and transmission cooperative's: (i) Times interest earned ratio; (ii) Debt service coverage ratio; and (iii) Margins as a percent of revenue for the last available calendar year; (D) An analysis of the impact of the proposed change in rates and charges on each member cooperative's cost of wholesale power that is acquired from the generation and transmission cooperative; (E) Documentary evidence that the impact of the proposed change in rates and charges does not exceed five percent (5%) of the generation and transmission cooperative's total gross revenues for the previous calendar year; (F) Documentation that shows the derivation of the generation and transmission cooperative's proposed changes in its rates and charges; and (G) (i) Any other supporting documentation or evidence required by the commission. (ii) (a) However, the commission shall not require the generation and transmission cooperative to prepare a cost-of-service study. (b) Instead of a new cost-of-service study, the generation and transmission cooperative shall rely upon the most recent commission-approved cost allocation. (b) Within ninety (90) days after the date of filing the generation and transmission cooperative's application, the commission shall issue its final determination regarding the proposed modification of the rates and charges of the generation and transmission cooperative. Acts 2009, No. 676, § 1.

(a) (1) (A) After the board approves the modification in rates and charges under § 23-4-1102 , the generation and transmission cooperative shall file for the approval of the Arkansas Public Service Commission an application for the change in rates and charges and tariffs containing the proposed change in rates and charges. (B) However, a rate rider or other rider to the generation and transmission cooperative's base rates and charges shall not be modified under this subchapter unless the commission determines otherwise. (2) In addition to an attachment containing the proposed tariffs to effect the modification of the rates and charges, the application shall provide the following: (A) Proof of the board vote required by § 23-4-1102 ; (B) The proof of notice required by § 23-4-1103 ; (C) A current calculation of the generation and transmission cooperative's: (i) Times interest earned ratio; (ii) Debt service coverage ratio; and (iii) Margins as a percent of revenue for the last available calendar year; (D) An analysis of the impact of the proposed change in rates and charges on each member cooperative's cost of wholesale power that is acquired from the generation and transmission cooperative; (E) Documentary evidence that the impact of the proposed change in rates and charges does not exceed five percent (5%) of the generation and transmission cooperative's total gross revenues for the previous calendar year; (F) Documentation that shows the derivation of the generation and transmission cooperative's proposed changes in its rates and charges; and (G) (i) Any other supporting documentation or evidence required by the commission. (ii) (a) However, the commission shall not require the generation and transmission cooperative to prepare a cost-of-service study. (b) Instead of a new cost-of-service study, the generation and transmission cooperative shall rely upon the most recent commission-approved cost allocation. (b) Within ninety (90) days after the date of filing the generation and transmission cooperative's application, the commission shall issue its final determination regarding the proposed modification of the rates and charges of the generation and transmission cooperative.

(1) (A) After the board approves the modification in rates and charges under § 23-4-1102 , the generation and transmission cooperative shall file for the approval of the Arkansas Public Service Commission an application for the change in rates and charges and tariffs containing the proposed change in rates and charges. (B) However, a rate rider or other rider to the generation and transmission cooperative's base rates and charges shall not be modified under this subchapter unless the commission determines otherwise.

(A) After the board approves the modification in rates and charges under § 23-4-1102 , the generation and transmission cooperative shall file for the approval of the Arkansas Public Service Commission an application for the change in rates and charges and tariffs containing the proposed change in rates and charges.

(B) However, a rate rider or other rider to the generation and transmission cooperative's base rates and charges shall not be modified under this subchapter unless the commission determines otherwise.

(2) In addition to an attachment containing the proposed tariffs to effect the modification of the rates and charges, the application shall provide the following: (A) Proof of the board vote required by § 23-4-1102 ; (B) The proof of notice required by § 23-4-1103 ; (C) A current calculation of the generation and transmission cooperative's: (i) Times interest earned ratio; (ii) Debt service coverage ratio; and (iii) Margins as a percent of revenue for the last available calendar year; (D) An analysis of the impact of the proposed change in rates and charges on each member cooperative's cost of wholesale power that is acquired from the generation and transmission cooperative; (E) Documentary evidence that the impact of the proposed change in rates and charges does not exceed five percent (5%) of the generation and transmission cooperative's total gross revenues for the previous calendar year; (F) Documentation that shows the derivation of the generation and transmission cooperative's proposed changes in its rates and charges; and (G) (i) Any other supporting documentation or evidence required by the commission. (ii) (a) However, the commission shall not require the generation and transmission cooperative to prepare a cost-of-service study. (b) Instead of a new cost-of-service study, the generation and transmission cooperative shall rely upon the most recent commission-approved cost allocation. (b) Within ninety (90) days after the date of filing the generation and transmission cooperative's application, the commission shall issue its final determination regarding the proposed modification of the rates and charges of the generation and transmission cooperative.

(A) Proof of the board vote required by § 23-4-1102 ;

(B) The proof of notice required by § 23-4-1103 ;

(C) A current calculation of the generation and transmission cooperative's: (i) Times interest earned ratio; (ii) Debt service coverage ratio; and (iii) Margins as a percent of revenue for the last available calendar year;

(i) Times interest earned ratio;

(ii) Debt service coverage ratio; and

(iii) Margins as a percent of revenue for the last available calendar year;

(D) An analysis of the impact of the proposed change in rates and charges on each member cooperative's cost of wholesale power that is acquired from the generation and transmission cooperative;

(E) Documentary evidence that the impact of the proposed change in rates and charges does not exceed five percent (5%) of the generation and transmission cooperative's total gross revenues for the previous calendar year;

(F) Documentation that shows the derivation of the generation and transmission cooperative's proposed changes in its rates and charges; and

(G) (i) Any other supporting documentation or evidence required by the commission. (ii) (a) However, the commission shall not require the generation and transmission cooperative to prepare a cost-of-service study. (b) Instead of a new cost-of-service study, the generation and transmission cooperative shall rely upon the most recent commission-approved cost allocation. (b) Within ninety (90) days after the date of filing the generation and transmission cooperative's application, the commission shall issue its final determination regarding the proposed modification of the rates and charges of the generation and transmission cooperative.

(i) Any other supporting documentation or evidence required by the commission.

(ii) (a) However, the commission shall not require the generation and transmission cooperative to prepare a cost-of-service study. (b) Instead of a new cost-of-service study, the generation and transmission cooperative shall rely upon the most recent commission-approved cost allocation. (b) Within ninety (90) days after the date of filing the generation and transmission cooperative's application, the commission shall issue its final determination regarding the proposed modification of the rates and charges of the generation and transmission cooperative.

(a) However, the commission shall not require the generation and transmission cooperative to prepare a cost-of-service study.

(b) Instead of a new cost-of-service study, the generation and transmission cooperative shall rely upon the most recent commission-approved cost allocation.

(b) Within ninety (90) days after the date of filing the generation and transmission cooperative's application, the commission shall issue its final determination regarding the proposed modification of the rates and charges of the generation and transmission cooperative.

Acts 2009, No. 676, § 1.
Ark. Code Ann. § 23-69-127 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-127
Consideration for stock
Status: in_force

(a) Shares of stock of a domestic stock insurer shall be issued for a consideration having a value in the judgment of the insurer's board of directors of not less than the par value of the stock so issued. (b) In the absence of fraud, or willful over-valuation or under-valuation in the transaction, the judgment of the directors as to the value of any consideration shall be conclusive. Acts 1959, No. 148, § 480; A.S.A. 1947, § 66-4228.

(a) Shares of stock of a domestic stock insurer shall be issued for a consideration having a value in the judgment of the insurer's board of directors of not less than the par value of the stock so issued.

(b) In the absence of fraud, or willful over-valuation or under-valuation in the transaction, the judgment of the directors as to the value of any consideration shall be conclusive.

Acts 1959, No. 148, § 480; A.S.A. 1947, § 66-4228.
Ark. Code Ann. § 23-79-1209 — AR Code / Title 23 / Chapter 79 / Subchapter 12 / Section 23-79-1209
Payment of nonparticipating providers
Status: in_force

If a healthcare policy refers an individual under this subchapter to a nonparticipating healthcare provider, then services provided under the approved screening exam or resulting treatment, if any, shall be provided at no additional cost to the individual beyond what the individual would otherwise pay to a participating healthcare provider. Acts 2005, No. 2236, § 2.

If a healthcare policy refers an individual under this subchapter to a nonparticipating healthcare provider, then services provided under the approved screening exam or resulting treatment, if any, shall be provided at no additional cost to the individual beyond what the individual would otherwise pay to a participating healthcare provider.

Acts 2005, No. 2236, § 2.
Ark. Code Ann. § 23-17-416 — AR Code / Title 23 / Chapter 17 / Subchapter 4 / Section 23-17-416
Arkansas intrastate carrier common line
Status: in_force

(a) (1) (A) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , through June 30, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per intrastate access minute. (B) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , beginning July 1, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per originating intrastate access minute. (2) The carrier common line charge is not a tax and is not affected by state laws governing taxation. (b) (1) Each underlying carrier's monthly payment to the AICCLP shall include the sum of the underlying carrier's share of the AICCLP's net revenue requirement that has been adjusted to reflect the originating intrastate revenue requirement of each AICCLP member and the AICCLP administrative expenses. (2) Each underlying carrier's monthly payment to the AICCLP shall be based upon the underlying carrier's proportionate share of Arkansas intrastate telecommunications services revenues and special intrastate ILEC revenues to the total Arkansas intrastate telecommunications services revenue and special intrastate ILEC revenues of all underlying carriers. (3) (A) (i) An exiting ILEC that experiences a fixed carrier common line revenue shortfall for its carrier common line net revenue requirements may recover the shortfall through increases in local rates based on the total customer access base of the exiting company. (ii) AICCLP members shall recover their carrier common line net revenue requirement by AICCLP rate adjustment and through the AICCLP. (iii) If the fixed carrier common line revenue shortfall is distributed throughout the total customer access base, then each independent ILEC within the total customer access base shall receive from the distribution its share of the shortfall. (B) An exiting ILEC that seeks to recover its carrier common line revenue shortfall is not required to recover equally from each class of customers. (C) (i) An exiting ILEC may recover its fixed carrier common line revenue shortfall from any intrastate rate other than access charges. (ii) Any AICCLP member may recover its AICCLP rate adjustment from any intrastate rate other than access charges. (D) An exiting ILEC that reduces its carrier common line charge of one and sixty-five hundredths cents (1.65¢) may recover the shortfall through increases in local rates. (4) This section shall not limit a carrier's ability to adjust its rates under § 23-17-406 , § 23-17-407 , or § 23-17-408 . (5) This section shall not limit a carrier's ability to increase its local rates under § 23-17-412 . (6) Any AICCLP rate adjustment charge shall not limit an AICCLP member's ability to adjust rates under § 23-17-412 . (7) (A) No toll reseller shall be required to pay to an ILEC or to the AICCLP any portion of an underlying carrier's common line net revenue obligation unless the ILEC is the toll reseller's underlying carrier. (B) Unless agreed to otherwise between the toll reseller and the ILEC, if an ILEC is a toll reseller's underlying carrier, then the toll reseller shall report the special intrastate ILEC revenue to the administrator and shall pay all amounts due the AICCLP for the revenue. (c) (1) The Arkansas Public Service Commission shall adopt all rules relating to the membership, operation, management, and administration of the AICCLP as it will be constituted after December 31, 2003. (2) The commission may adopt rules under subdivision (c)(1) of this section after it appoints the members of the Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board and selects an AICCLP administrator. (d) The commission may terminate a carrier's certificate of convenience and necessity if the carrier fails to comply with AICCLP procedures or fails to make a payment due under this section. (e) (1) The commission shall choose an AICCLP administrator on or before June 1, 2003. (2) The administrator shall manage the collection and distribution of the carrier common line net revenue requirements in accordance with the rules and procedures established by the commission and consistent with this section. (3) The administrator shall enforce and implement all rules and directives governing the funding, collection, and eligibility for the AICCLP membership. (4) (A) The administrator shall determine the total monthly amount due to the AICCLP from AICCLP members, exiting ILECs, and underlying carriers, based upon the sum of the monthly carrier common line net revenue requirement of AICCLP members and the AICCLP administrative fees. (B) (i) On or before June 30, 2013, the administrator shall change the AICCLP tariff on file with the Arkansas Public Service Commission to reflect only the originating intrastate revenue requirements for each AICCLP member based on the Federal Communications Commission's order In the Matter of Connect America Fund et al., FCC 11-161, released November 18, 2011, providing that the intrastate carrier common line terminating access rate chargeable by telecommunications carriers shall be set at the interstate rate for carrier common line terminating access. (ii) To properly administer the AICCLP, the administrator shall subtract the terminating intrastate revenue requirement amount that should have been transferred to the FCC ICC-CAF funding from the intrastate revenue requirements listed in the AICCLP tariff to ensure that the funding for the amounts attributed to the AICCLP member's intrastate revenue requirement represent only the originating portion of the revenue requirement. (5) The administrator shall provide monthly and annual reports to the commission concerning the operation of the AICCLP. (6) Any information considered proprietary by the administrator shall be treated as confidential unless the commission determines that the administrator erred in the determination. (7) The AICCLP administrator and the Arkansas Universal Service Fund [superseded] administrator may share confidential information to determine the amounts due or the accuracy of information submitted by ILECs and underlying carriers. (8) (A) Any ILEC that was designated as a non-tier one ILEC under Acts 1997, No. 77, as of December 31, 1997, and had fewer than fifty thousand (50,000) access lines as of December 31, 1997, shall be eligible to be a member of the AICCLP beginning January 1, 2004. (B) (i) Based on its total customer access base, the maximum that a non-tier one company under subdivision (e)(8)(A) of this section may draw shall be one million three hundred thousand dollars ($1,300,000) annually. (ii) If a non-tier one company under subdivision (e)(8)(A) of this section is entitled to receive more than one million three hundred thousand dollars ($1,300,000) annually, then the administrator shall assess a prorated charge to each ILEC associated with the total customer access base that is based upon the ILEC's proportionate share of the total net revenue requirement of all ILECs within the total customer base. (f) (1) Beginning January 1, 2004, no ILEC that had a total customer access base of more than fifty thousand (50,000) access lines as of December 31, 1997, shall be a member of AICCLP. (2) An ILEC that had a total customer access base of fifty thousand (50,000) or fewer access lines as of December 31, 1997, may terminate its membership in the AICCLP after sixty (60) days' notice to the commission and the administrator and may not thereafter again become a member of the AICCLP. (g) (1) If an ILEC terminates its membership in the AICCLP after January 1, 2004, its total customer access base must exit the pool as a single unit. (2) If an ILEC terminates its membership in the AICCLP after January 1, 2004, its fixed carrier common line revenue shortfall shall be calculated using relevant data from the data development period identified in subdivision (h)(4)(B) of this section. (h) (1) The administrator shall determine the amounts to be paid to AICCLP members on a monthly basis and shall determine any fixed or varying amounts due the pool from AICCLP members, exiting ILECs, and underlying carriers. (2) The administrator shall provide notice to AICCLP members, other ILECs, and underlying carriers concerning calculations related to each entity and shall bill all carriers for any amounts due the pool. (3) The administrator shall use the appropriate data development period to determine the calculations for AICCLP members' carrier common line net revenue requirement. (4) (A) Except for AICCLP members exiting the pool after January 1, 2004, the data development period for all ILECs shall be the ILECs' billing months of June, July, and August 2003. (B) If an AICCLP member exits the AICCLP after January 1, 2004, its data development period to determine the ILEC's fixed carrier common line revenue shortfall shall be the three-month period immediately preceding its exit. (i) No later than the twenty-second day or the next business day thereafter of July 2003, if the twenty-second day falls on a weekend or holiday, and no later than the twenty-second day or the next business day of each month thereafter, if the twenty-second day falls on a weekend or holiday, each underlying carrier and AICCLP member shall report to the administrator its previous month's data necessary for AICCLP calculations. (j) (1) On December 31, 2003, and the last business day of each month thereafter, the administrator shall cause notice to be sent to each underlying carrier, AICCLP member, and exiting ILEC the amount due, based on the previous month's data as submitted to the administrator. (2) Each underlying carrier, AICCLP member, and exiting ILEC shall remit payment due under subdivision (j)(1) of this section to the administrator by no later than the last business day of the following month. (3) The administrator shall make all reasonable efforts to ensure that AICCLP members receive payment of their monthly net carrier common line revenue requirement by February 10, 2004, and by the tenth day of each month thereafter. Amended by Act 2013, No. 442,§ 27, eff. 3/19/2013. Amended by Act 2013, No. 442,§ 26, eff. 3/19/2013. Amended by Act 2013, No. 442,§ 25, eff. 3/19/2013. Amended by Act 2013, No. 442,§ 24, eff. 3/19/2013. Acts 2003, No. 1788, § 9.

(a) (1) (A) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , through June 30, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per intrastate access minute. (B) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , beginning July 1, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per originating intrastate access minute. (2) The carrier common line charge is not a tax and is not affected by state laws governing taxation.

(1) (A) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , through June 30, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per intrastate access minute. (B) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , beginning July 1, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per originating intrastate access minute.

(A) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , through June 30, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per intrastate access minute.

(B) Except as provided in § 23-17-404(e)(4)(D)(i) (b) , beginning July 1, 2013, intrastate carrier common line charges billed to ILECs and underlying carriers shall be determined at the rate of one and sixty-five hundredths cents (1.65¢) per originating intrastate access minute.

(2) The carrier common line charge is not a tax and is not affected by state laws governing taxation.

(b) (1) Each underlying carrier's monthly payment to the AICCLP shall include the sum of the underlying carrier's share of the AICCLP's net revenue requirement that has been adjusted to reflect the originating intrastate revenue requirement of each AICCLP member and the AICCLP administrative expenses. (2) Each underlying carrier's monthly payment to the AICCLP shall be based upon the underlying carrier's proportionate share of Arkansas intrastate telecommunications services revenues and special intrastate ILEC revenues to the total Arkansas intrastate telecommunications services revenue and special intrastate ILEC revenues of all underlying carriers. (3) (A) (i) An exiting ILEC that experiences a fixed carrier common line revenue shortfall for its carrier common line net revenue requirements may recover the shortfall through increases in local rates based on the total customer access base of the exiting company. (ii) AICCLP members shall recover their carrier common line net revenue requirement by AICCLP rate adjustment and through the AICCLP. (iii) If the fixed carrier common line revenue shortfall is distributed throughout the total customer access base, then each independent ILEC within the total customer access base shall receive from the distribution its share of the shortfall. (B) An exiting ILEC that seeks to recover its carrier common line revenue shortfall is not required to recover equally from each class of customers. (C) (i) An exiting ILEC may recover its fixed carrier common line revenue shortfall from any intrastate rate other than access charges. (ii) Any AICCLP member may recover its AICCLP rate adjustment from any intrastate rate other than access charges. (D) An exiting ILEC that reduces its carrier common line charge of one and sixty-five hundredths cents (1.65¢) may recover the shortfall through increases in local rates. (4) This section shall not limit a carrier's ability to adjust its rates under § 23-17-406 , § 23-17-407 , or § 23-17-408 . (5) This section shall not limit a carrier's ability to increase its local rates under § 23-17-412 . (6) Any AICCLP rate adjustment charge shall not limit an AICCLP member's ability to adjust rates under § 23-17-412 . (7) (A) No toll reseller shall be required to pay to an ILEC or to the AICCLP any portion of an underlying carrier's common line net revenue obligation unless the ILEC is the toll reseller's underlying carrier. (B) Unless agreed to otherwise between the toll reseller and the ILEC, if an ILEC is a toll reseller's underlying carrier, then the toll reseller shall report the special intrastate ILEC revenue to the administrator and shall pay all amounts due the AICCLP for the revenue.

(1) Each underlying carrier's monthly payment to the AICCLP shall include the sum of the underlying carrier's share of the AICCLP's net revenue requirement that has been adjusted to reflect the originating intrastate revenue requirement of each AICCLP member and the AICCLP administrative expenses.

(2) Each underlying carrier's monthly payment to the AICCLP shall be based upon the underlying carrier's proportionate share of Arkansas intrastate telecommunications services revenues and special intrastate ILEC revenues to the total Arkansas intrastate telecommunications services revenue and special intrastate ILEC revenues of all underlying carriers.

(3) (A) (i) An exiting ILEC that experiences a fixed carrier common line revenue shortfall for its carrier common line net revenue requirements may recover the shortfall through increases in local rates based on the total customer access base of the exiting company. (ii) AICCLP members shall recover their carrier common line net revenue requirement by AICCLP rate adjustment and through the AICCLP. (iii) If the fixed carrier common line revenue shortfall is distributed throughout the total customer access base, then each independent ILEC within the total customer access base shall receive from the distribution its share of the shortfall. (B) An exiting ILEC that seeks to recover its carrier common line revenue shortfall is not required to recover equally from each class of customers. (C) (i) An exiting ILEC may recover its fixed carrier common line revenue shortfall from any intrastate rate other than access charges. (ii) Any AICCLP member may recover its AICCLP rate adjustment from any intrastate rate other than access charges. (D) An exiting ILEC that reduces its carrier common line charge of one and sixty-five hundredths cents (1.65¢) may recover the shortfall through increases in local rates.

(A) (i) An exiting ILEC that experiences a fixed carrier common line revenue shortfall for its carrier common line net revenue requirements may recover the shortfall through increases in local rates based on the total customer access base of the exiting company. (ii) AICCLP members shall recover their carrier common line net revenue requirement by AICCLP rate adjustment and through the AICCLP. (iii) If the fixed carrier common line revenue shortfall is distributed throughout the total customer access base, then each independent ILEC within the total customer access base shall receive from the distribution its share of the shortfall.

(i) An exiting ILEC that experiences a fixed carrier common line revenue shortfall for its carrier common line net revenue requirements may recover the shortfall through increases in local rates based on the total customer access base of the exiting company.

(ii) AICCLP members shall recover their carrier common line net revenue requirement by AICCLP rate adjustment and through the AICCLP.

(iii) If the fixed carrier common line revenue shortfall is distributed throughout the total customer access base, then each independent ILEC within the total customer access base shall receive from the distribution its share of the shortfall.

(B) An exiting ILEC that seeks to recover its carrier common line revenue shortfall is not required to recover equally from each class of customers.

(C) (i) An exiting ILEC may recover its fixed carrier common line revenue shortfall from any intrastate rate other than access charges. (ii) Any AICCLP member may recover its AICCLP rate adjustment from any intrastate rate other than access charges.

(i) An exiting ILEC may recover its fixed carrier common line revenue shortfall from any intrastate rate other than access charges.

(ii) Any AICCLP member may recover its AICCLP rate adjustment from any intrastate rate other than access charges.

(D) An exiting ILEC that reduces its carrier common line charge of one and sixty-five hundredths cents (1.65¢) may recover the shortfall through increases in local rates.

(4) This section shall not limit a carrier's ability to adjust its rates under § 23-17-406 , § 23-17-407 , or § 23-17-408 .

(5) This section shall not limit a carrier's ability to increase its local rates under § 23-17-412 .

(6) Any AICCLP rate adjustment charge shall not limit an AICCLP member's ability to adjust rates under § 23-17-412 .

(7) (A) No toll reseller shall be required to pay to an ILEC or to the AICCLP any portion of an underlying carrier's common line net revenue obligation unless the ILEC is the toll reseller's underlying carrier. (B) Unless agreed to otherwise between the toll reseller and the ILEC, if an ILEC is a toll reseller's underlying carrier, then the toll reseller shall report the special intrastate ILEC revenue to the administrator and shall pay all amounts due the AICCLP for the revenue.

(A) No toll reseller shall be required to pay to an ILEC or to the AICCLP any portion of an underlying carrier's common line net revenue obligation unless the ILEC is the toll reseller's underlying carrier.

(B) Unless agreed to otherwise between the toll reseller and the ILEC, if an ILEC is a toll reseller's underlying carrier, then the toll reseller shall report the special intrastate ILEC revenue to the administrator and shall pay all amounts due the AICCLP for the revenue.

(c) (1) The Arkansas Public Service Commission shall adopt all rules relating to the membership, operation, management, and administration of the AICCLP as it will be constituted after December 31, 2003. (2) The commission may adopt rules under subdivision (c)(1) of this section after it appoints the members of the Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board and selects an AICCLP administrator.

(1) The Arkansas Public Service Commission shall adopt all rules relating to the membership, operation, management, and administration of the AICCLP as it will be constituted after December 31, 2003.

(2) The commission may adopt rules under subdivision (c)(1) of this section after it appoints the members of the Arkansas Intrastate Carrier Common Line Pool Advisory Procedural Board and selects an AICCLP administrator.

(d) The commission may terminate a carrier's certificate of convenience and necessity if the carrier fails to comply with AICCLP procedures or fails to make a payment due under this section.

(e) (1) The commission shall choose an AICCLP administrator on or before June 1, 2003. (2) The administrator shall manage the collection and distribution of the carrier common line net revenue requirements in accordance with the rules and procedures established by the commission and consistent with this section. (3) The administrator shall enforce and implement all rules and directives governing the funding, collection, and eligibility for the AICCLP membership. (4) (A) The administrator shall determine the total monthly amount due to the AICCLP from AICCLP members, exiting ILECs, and underlying carriers, based upon the sum of the monthly carrier common line net revenue requirement of AICCLP members and the AICCLP administrative fees. (B) (i) On or before June 30, 2013, the administrator shall change the AICCLP tariff on file with the Arkansas Public Service Commission to reflect only the originating intrastate revenue requirements for each AICCLP member based on the Federal Communications Commission's order In the Matter of Connect America Fund et al., FCC 11-161, released November 18, 2011, providing that the intrastate carrier common line terminating access rate chargeable by telecommunications carriers shall be set at the interstate rate for carrier common line terminating access. (ii) To properly administer the AICCLP, the administrator shall subtract the terminating intrastate revenue requirement amount that should have been transferred to the FCC ICC-CAF funding from the intrastate revenue requirements listed in the AICCLP tariff to ensure that the funding for the amounts attributed to the AICCLP member's intrastate revenue requirement represent only the originating portion of the revenue requirement. (5) The administrator shall provide monthly and annual reports to the commission concerning the operation of the AICCLP. (6) Any information considered proprietary by the administrator shall be treated as confidential unless the commission determines that the administrator erred in the determination. (7) The AICCLP administrator and the Arkansas Universal Service Fund [superseded] administrator may share confidential information to determine the amounts due or the accuracy of information submitted by ILECs and underlying carriers. (8) (A) Any ILEC that was designated as a non-tier one ILEC under Acts 1997, No. 77, as of December 31, 1997, and had fewer than fifty thousand (50,000) access lines as of December 31, 1997, shall be eligible to be a member of the AICCLP beginning January 1, 2004. (B) (i) Based on its total customer access base, the maximum that a non-tier one company under subdivision (e)(8)(A) of this section may draw shall be one million three hundred thousand dollars ($1,300,000) annually. (ii) If a non-tier one company under subdivision (e)(8)(A) of this section is entitled to receive more than one million three hundred thousand dollars ($1,300,000) annually, then the administrator shall assess a prorated charge to each ILEC associated with the total customer access base that is based upon the ILEC's proportionate share of the total net revenue requirement of all ILECs within the total customer base.

(1) The commission shall choose an AICCLP administrator on or before June 1, 2003.

(2) The administrator shall manage the collection and distribution of the carrier common line net revenue requirements in accordance with the rules and procedures established by the commission and consistent with this section.

(3) The administrator shall enforce and implement all rules and directives governing the funding, collection, and eligibility for the AICCLP membership.

(4) (A) The administrator shall determine the total monthly amount due to the AICCLP from AICCLP members, exiting ILECs, and underlying carriers, based upon the sum of the monthly carrier common line net revenue requirement of AICCLP members and the AICCLP administrative fees. (B) (i) On or before June 30, 2013, the administrator shall change the AICCLP tariff on file with the Arkansas Public Service Commission to reflect only the originating intrastate revenue requirements for each AICCLP member based on the Federal Communications Commission's order In the Matter of Connect America Fund et al., FCC 11-161, released November 18, 2011, providing that the intrastate carrier common line terminating access rate chargeable by telecommunications carriers shall be set at the interstate rate for carrier common line terminating access. (ii) To properly administer the AICCLP, the administrator shall subtract the terminating intrastate revenue requirement amount that should have been transferred to the FCC ICC-CAF funding from the intrastate revenue requirements listed in the AICCLP tariff to ensure that the funding for the amounts attributed to the AICCLP member's intrastate revenue requirement represent only the originating portion of the revenue requirement.

(A) The administrator shall determine the total monthly amount due to the AICCLP from AICCLP members, exiting ILECs, and underlying carriers, based upon the sum of the monthly carrier common line net revenue requirement of AICCLP members and the AICCLP administrative fees.

(B) (i) On or before June 30, 2013, the administrator shall change the AICCLP tariff on file with the Arkansas Public Service Commission to reflect only the originating intrastate revenue requirements for each AICCLP member based on the Federal Communications Commission's order In the Matter of Connect America Fund et al., FCC 11-161, released November 18, 2011, providing that the intrastate carrier common line terminating access rate chargeable by telecommunications carriers shall be set at the interstate rate for carrier common line terminating access. (ii) To properly administer the AICCLP, the administrator shall subtract the terminating intrastate revenue requirement amount that should have been transferred to the FCC ICC-CAF funding from the intrastate revenue requirements listed in the AICCLP tariff to ensure that the funding for the amounts attributed to the AICCLP member's intrastate revenue requirement represent only the originating portion of the revenue requirement.

(i) On or before June 30, 2013, the administrator shall change the AICCLP tariff on file with the Arkansas Public Service Commission to reflect only the originating intrastate revenue requirements for each AICCLP member based on the Federal Communications Commission's order In the Matter of Connect America Fund et al., FCC 11-161, released November 18, 2011, providing that the intrastate carrier common line terminating access rate chargeable by telecommunications carriers shall be set at the interstate rate for carrier common line terminating access.

(ii) To properly administer the AICCLP, the administrator shall subtract the terminating intrastate revenue requirement amount that should have been transferred to the FCC ICC-CAF funding from the intrastate revenue requirements listed in the AICCLP tariff to ensure that the funding for the amounts attributed to the AICCLP member's intrastate revenue requirement represent only the originating portion of the revenue requirement.

(5) The administrator shall provide monthly and annual reports to the commission concerning the operation of the AICCLP.

(6) Any information considered proprietary by the administrator shall be treated as confidential unless the commission determines that the administrator erred in the determination.

(7) The AICCLP administrator and the Arkansas Universal Service Fund [superseded] administrator may share confidential information to determine the amounts due or the accuracy of information submitted by ILECs and underlying carriers.

(8) (A) Any ILEC that was designated as a non-tier one ILEC under Acts 1997, No. 77, as of December 31, 1997, and had fewer than fifty thousand (50,000) access lines as of December 31, 1997, shall be eligible to be a member of the AICCLP beginning January 1, 2004. (B) (i) Based on its total customer access base, the maximum that a non-tier one company under subdivision (e)(8)(A) of this section may draw shall be one million three hundred thousand dollars ($1,300,000) annually. (ii) If a non-tier one company under subdivision (e)(8)(A) of this section is entitled to receive more than one million three hundred thousand dollars ($1,300,000) annually, then the administrator shall assess a prorated charge to each ILEC associated with the total customer access base that is based upon the ILEC's proportionate share of the total net revenue requirement of all ILECs within the total customer base.

(A) Any ILEC that was designated as a non-tier one ILEC under Acts 1997, No. 77, as of December 31, 1997, and had fewer than fifty thousand (50,000) access lines as of December 31, 1997, shall be eligible to be a member of the AICCLP beginning January 1, 2004.

(B) (i) Based on its total customer access base, the maximum that a non-tier one company under subdivision (e)(8)(A) of this section may draw shall be one million three hundred thousand dollars ($1,300,000) annually. (ii) If a non-tier one company under subdivision (e)(8)(A) of this section is entitled to receive more than one million three hundred thousand dollars ($1,300,000) annually, then the administrator shall assess a prorated charge to each ILEC associated with the total customer access base that is based upon the ILEC's proportionate share of the total net revenue requirement of all ILECs within the total customer base.

(i) Based on its total customer access base, the maximum that a non-tier one company under subdivision (e)(8)(A) of this section may draw shall be one million three hundred thousand dollars ($1,300,000) annually.

(ii) If a non-tier one company under subdivision (e)(8)(A) of this section is entitled to receive more than one million three hundred thousand dollars ($1,300,000) annually, then the administrator shall assess a prorated charge to each ILEC associated with the total customer access base that is based upon the ILEC's proportionate share of the total net revenue requirement of all ILECs within the total customer base.

(f) (1) Beginning January 1, 2004, no ILEC that had a total customer access base of more than fifty thousand (50,000) access lines as of December 31, 1997, shall be a member of AICCLP. (2) An ILEC that had a total customer access base of fifty thousand (50,000) or fewer access lines as of December 31, 1997, may terminate its membership in the AICCLP after sixty (60) days' notice to the commission and the administrator and may not thereafter again become a member of the AICCLP.

(1) Beginning January 1, 2004, no ILEC that had a total customer access base of more than fifty thousand (50,000) access lines as of December 31, 1997, shall be a member of AICCLP.

(2) An ILEC that had a total customer access base of fifty thousand (50,000) or fewer access lines as of December 31, 1997, may terminate its membership in the AICCLP after sixty (60) days' notice to the commission and the administrator and may not thereafter again become a member of the AICCLP.

(g) (1) If an ILEC terminates its membership in the AICCLP after January 1, 2004, its total customer access base must exit the pool as a single unit. (2) If an ILEC terminates its membership in the AICCLP after January 1, 2004, its fixed carrier common line revenue shortfall shall be calculated using relevant data from the data development period identified in subdivision (h)(4)(B) of this section.

(1) If an ILEC terminates its membership in the AICCLP after January 1, 2004, its total customer access base must exit the pool as a single unit.

(2) If an ILEC terminates its membership in the AICCLP after January 1, 2004, its fixed carrier common line revenue shortfall shall be calculated using relevant data from the data development period identified in subdivision (h)(4)(B) of this section.

(h) (1) The administrator shall determine the amounts to be paid to AICCLP members on a monthly basis and shall determine any fixed or varying amounts due the pool from AICCLP members, exiting ILECs, and underlying carriers. (2) The administrator shall provide notice to AICCLP members, other ILECs, and underlying carriers concerning calculations related to each entity and shall bill all carriers for any amounts due the pool. (3) The administrator shall use the appropriate data development period to determine the calculations for AICCLP members' carrier common line net revenue requirement. (4) (A) Except for AICCLP members exiting the pool after January 1, 2004, the data development period for all ILECs shall be the ILECs' billing months of June, July, and August 2003. (B) If an AICCLP member exits the AICCLP after January 1, 2004, its data development period to determine the ILEC's fixed carrier common line revenue shortfall shall be the three-month period immediately preceding its exit.

(1) The administrator shall determine the amounts to be paid to AICCLP members on a monthly basis and shall determine any fixed or varying amounts due the pool from AICCLP members, exiting ILECs, and underlying carriers.

(2) The administrator shall provide notice to AICCLP members, other ILECs, and underlying carriers concerning calculations related to each entity and shall bill all carriers for any amounts due the pool.

(3) The administrator shall use the appropriate data development period to determine the calculations for AICCLP members' carrier common line net revenue requirement.

(4) (A) Except for AICCLP members exiting the pool after January 1, 2004, the data development period for all ILECs shall be the ILECs' billing months of June, July, and August 2003. (B) If an AICCLP member exits the AICCLP after January 1, 2004, its data development period to determine the ILEC's fixed carrier common line revenue shortfall shall be the three-month period immediately preceding its exit.

(A) Except for AICCLP members exiting the pool after January 1, 2004, the data development period for all ILECs shall be the ILECs' billing months of June, July, and August 2003.

(B) If an AICCLP member exits the AICCLP after January 1, 2004, its data development period to determine the ILEC's fixed carrier common line revenue shortfall shall be the three-month period immediately preceding its exit.

(i) No later than the twenty-second day or the next business day thereafter of July 2003, if the twenty-second day falls on a weekend or holiday, and no later than the twenty-second day or the next business day of each month thereafter, if the twenty-second day falls on a weekend or holiday, each underlying carrier and AICCLP member shall report to the administrator its previous month's data necessary for AICCLP calculations.

(j) (1) On December 31, 2003, and the last business day of each month thereafter, the administrator shall cause notice to be sent to each underlying carrier, AICCLP member, and exiting ILEC the amount due, based on the previous month's data as submitted to the administrator. (2) Each underlying carrier, AICCLP member, and exiting ILEC shall remit payment due under subdivision (j)(1) of this section to the administrator by no later than the last business day of the following month. (3) The administrator shall make all reasonable efforts to ensure that AICCLP members receive payment of their monthly net carrier common line revenue requirement by February 10, 2004, and by the tenth day of each month thereafter.

(1) On December 31, 2003, and the last business day of each month thereafter, the administrator shall cause notice to be sent to each underlying carrier, AICCLP member, and exiting ILEC the amount due, based on the previous month's data as submitted to the administrator.

(2) Each underlying carrier, AICCLP member, and exiting ILEC shall remit payment due under subdivision (j)(1) of this section to the administrator by no later than the last business day of the following month.

(3) The administrator shall make all reasonable efforts to ensure that AICCLP members receive payment of their monthly net carrier common line revenue requirement by February 10, 2004, and by the tenth day of each month thereafter.

Amended by Act 2013, No. 442,§ 27, eff. 3/19/2013.

Amended by Act 2013, No. 442,§ 26, eff. 3/19/2013.

Amended by Act 2013, No. 442,§ 25, eff. 3/19/2013.

Amended by Act 2013, No. 442,§ 24, eff. 3/19/2013.

Acts 2003, No. 1788, § 9.
Ark. Code Ann. § 23-75-109 — AR Code / Title 23 / Chapter 75 / Section 23-75-109
Deposit for protection of subscribers
Status: in_force

(a) (1) Corporations governed by this chapter shall at all times have on deposit through the Insurance Commissioner sums as follows: (A) If newly formed under this chapter, the sum of fifteen thousand dollars ($15,000); or (B) If formed under prior law, the sum as was required under the prior law. (2) (A) Every such corporation shall deposit through the commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year until the deposit of the corporation reaches a total of fifty thousand dollars ($50,000). (B) All deposits shall be held in trust for the benefit and protection of the subscribers and participating hospitals and physicians of the corporation making the deposit. (b) (1) The deposit prescribed by this section shall be subject to withdrawal in whole or in part on the order of and as directed by the commissioner but, with his or her approval, may be invested in bonds of the United States, of any state, of any political subdivision of any state, or state warrants, which shall be assigned to the commissioner and held as provided for original deposits. (2) (A) With the approval of the commissioner, the securities may be exchanged for similar securities or cash of equal amount. (B) Interest on securities so deposited shall be payable to the corporation depositing them. (c) An unsettled final judgment, arising from transactions under its certificate of authority against such a corporation shall be a lien on the deposit prescribed by this section, subject to execution after thirty (30) days from the entry of final judgment. If the deposit is reduced thereby, it shall be replenished within ninety (90) days. (d) Upon the liquidation or dissolution of the corporation and the satisfaction of all its liabilities, any balance remaining in the deposit in the hands of the commissioner and any other assets of the insurer shall be distributed to the holders of certificates of participation in good standing at the time proceedings for the liquidation or dissolution of the corporation were commenced, prorated according to the gross amount of subscriptions which have been paid on the certificates up to the time the proceedings were commenced. Acts 1959, No. 148, § 676; A.S.A. 1947, § 66-4906.

(a) (1) Corporations governed by this chapter shall at all times have on deposit through the Insurance Commissioner sums as follows: (A) If newly formed under this chapter, the sum of fifteen thousand dollars ($15,000); or (B) If formed under prior law, the sum as was required under the prior law. (2) (A) Every such corporation shall deposit through the commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year until the deposit of the corporation reaches a total of fifty thousand dollars ($50,000). (B) All deposits shall be held in trust for the benefit and protection of the subscribers and participating hospitals and physicians of the corporation making the deposit.

(1) Corporations governed by this chapter shall at all times have on deposit through the Insurance Commissioner sums as follows: (A) If newly formed under this chapter, the sum of fifteen thousand dollars ($15,000); or (B) If formed under prior law, the sum as was required under the prior law.

(A) If newly formed under this chapter, the sum of fifteen thousand dollars ($15,000); or

(B) If formed under prior law, the sum as was required under the prior law.

(2) (A) Every such corporation shall deposit through the commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year until the deposit of the corporation reaches a total of fifty thousand dollars ($50,000). (B) All deposits shall be held in trust for the benefit and protection of the subscribers and participating hospitals and physicians of the corporation making the deposit.

(A) Every such corporation shall deposit through the commissioner, not later than each February 1, an amount equal to two percent (2%) of the gross subscriptions collected during the preceding calendar year until the deposit of the corporation reaches a total of fifty thousand dollars ($50,000).

(B) All deposits shall be held in trust for the benefit and protection of the subscribers and participating hospitals and physicians of the corporation making the deposit.

(b) (1) The deposit prescribed by this section shall be subject to withdrawal in whole or in part on the order of and as directed by the commissioner but, with his or her approval, may be invested in bonds of the United States, of any state, of any political subdivision of any state, or state warrants, which shall be assigned to the commissioner and held as provided for original deposits. (2) (A) With the approval of the commissioner, the securities may be exchanged for similar securities or cash of equal amount. (B) Interest on securities so deposited shall be payable to the corporation depositing them.

(1) The deposit prescribed by this section shall be subject to withdrawal in whole or in part on the order of and as directed by the commissioner but, with his or her approval, may be invested in bonds of the United States, of any state, of any political subdivision of any state, or state warrants, which shall be assigned to the commissioner and held as provided for original deposits.

(2) (A) With the approval of the commissioner, the securities may be exchanged for similar securities or cash of equal amount. (B) Interest on securities so deposited shall be payable to the corporation depositing them.

(A) With the approval of the commissioner, the securities may be exchanged for similar securities or cash of equal amount.

(B) Interest on securities so deposited shall be payable to the corporation depositing them.

(c) An unsettled final judgment, arising from transactions under its certificate of authority against such a corporation shall be a lien on the deposit prescribed by this section, subject to execution after thirty (30) days from the entry of final judgment. If the deposit is reduced thereby, it shall be replenished within ninety (90) days.

(d) Upon the liquidation or dissolution of the corporation and the satisfaction of all its liabilities, any balance remaining in the deposit in the hands of the commissioner and any other assets of the insurer shall be distributed to the holders of certificates of participation in good standing at the time proceedings for the liquidation or dissolution of the corporation were commenced, prorated according to the gross amount of subscriptions which have been paid on the certificates up to the time the proceedings were commenced.

Acts 1959, No. 148, § 676; A.S.A. 1947, § 66-4906.
Ark. Code Ann. § 23-69-141 — AR Code / Title 23 / Chapter 69 / Subchapter 1 / Section 23-69-141
Converting mutual insurer to stock insurer
Status: in_force

(a) A mutual insurer may become a stock insurer under such plan and procedure as may be approved by the Insurance Commissioner after a hearing thereon. (b) The commissioner shall not approve any plan or procedure unless: (1) It is equitable to the insurer's members; (2) It is subject to approval by vote of not less than three-fourths (3/4) of the insurer's current members voting thereon in person, by proxy, or by mail at a meeting of members called for the purpose pursuant to such reasonable notice and procedure as may be approved by the commissioner. If a life insurer, the right to vote may be limited to members who hold policies other than term or group policies, and whose policies have been in force for not less than one (1) year; (3) The equity of each policyholder in the insurer is determinable under a fair formula approved by the commissioner. The equity shall be based upon not less than the insurer's entire surplus, after deducting contributed or borrowed surplus funds, plus a reasonable present equity in its reserves and in all nonadmitted assets; (4) The policyholders entitled to participate in the purchase of stock or distribution of assets shall include all current policyholders and all existing persons who had been policyholders of the insurer within three (3) years prior to the date the plan was submitted to the commissioner; (5) The plan gives each policyholder or former policyholder of the insurer entitled to participate in the purchase of stock or distribution of assets under subdivision (b)(4) of this section: (A) A preemptive right to acquire within a designated reasonable period his or her proportionate part of all of the proposed capital stock of: (i) The insurer; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; and (B) A right to apply to the exercise of the preemptive right under subdivision (b)(5)(A) of this section the amount of his or her equity in: (i) The insurer, as determined under subdivision (b)(3) of this section; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; (6) Shares are offered to participating policyholders or former policyholders at a price not greater than the price offered to nonpolicyholders; (7) (A) The plan provides for a cash payment to each policyholder or former policyholder not electing to apply his or her equity to the purchase of stock under subdivision (b)(5) of this section. (B) The cash payment shall: (i) Be not less than fifty percent (50%) of the amount of the equity of the policyholder or former policyholder not used for the purchase of stock; and (ii) Together with the stock purchased under subdivision (b)(5) of this section, if any, constitute full payment and discharge of the policyholder's or former policyholder's equity as an owner of the mutual insurer; and (8) The plan, when completed, would provide for the converted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance, together with surplus funds in amount not less than one-half (1/2) of the required capital. (c) With regard to proposed transactions of a domestic insurer which is a subsidiary or affiliate of a depository institution, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and the order shall be final upon entry, pursuant to federal law. Further, any restoration of capital, surplus, or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period. (d) This section shall not apply to formations of, or insurer conversions to, domestic mutual holding companies under other provisions of the Arkansas Insurance Code. Acts 1959, No. 148, § 496; A.S.A. 1947, § 66-4244; Acts 2001, No. 1604, § 60; 2007, No. 30, §§ 1 - 3.

(a) A mutual insurer may become a stock insurer under such plan and procedure as may be approved by the Insurance Commissioner after a hearing thereon.

(b) The commissioner shall not approve any plan or procedure unless: (1) It is equitable to the insurer's members; (2) It is subject to approval by vote of not less than three-fourths (3/4) of the insurer's current members voting thereon in person, by proxy, or by mail at a meeting of members called for the purpose pursuant to such reasonable notice and procedure as may be approved by the commissioner. If a life insurer, the right to vote may be limited to members who hold policies other than term or group policies, and whose policies have been in force for not less than one (1) year; (3) The equity of each policyholder in the insurer is determinable under a fair formula approved by the commissioner. The equity shall be based upon not less than the insurer's entire surplus, after deducting contributed or borrowed surplus funds, plus a reasonable present equity in its reserves and in all nonadmitted assets; (4) The policyholders entitled to participate in the purchase of stock or distribution of assets shall include all current policyholders and all existing persons who had been policyholders of the insurer within three (3) years prior to the date the plan was submitted to the commissioner; (5) The plan gives each policyholder or former policyholder of the insurer entitled to participate in the purchase of stock or distribution of assets under subdivision (b)(4) of this section: (A) A preemptive right to acquire within a designated reasonable period his or her proportionate part of all of the proposed capital stock of: (i) The insurer; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; and (B) A right to apply to the exercise of the preemptive right under subdivision (b)(5)(A) of this section the amount of his or her equity in: (i) The insurer, as determined under subdivision (b)(3) of this section; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; (6) Shares are offered to participating policyholders or former policyholders at a price not greater than the price offered to nonpolicyholders; (7) (A) The plan provides for a cash payment to each policyholder or former policyholder not electing to apply his or her equity to the purchase of stock under subdivision (b)(5) of this section. (B) The cash payment shall: (i) Be not less than fifty percent (50%) of the amount of the equity of the policyholder or former policyholder not used for the purchase of stock; and (ii) Together with the stock purchased under subdivision (b)(5) of this section, if any, constitute full payment and discharge of the policyholder's or former policyholder's equity as an owner of the mutual insurer; and (8) The plan, when completed, would provide for the converted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance, together with surplus funds in amount not less than one-half (1/2) of the required capital.

(1) It is equitable to the insurer's members;

(2) It is subject to approval by vote of not less than three-fourths (3/4) of the insurer's current members voting thereon in person, by proxy, or by mail at a meeting of members called for the purpose pursuant to such reasonable notice and procedure as may be approved by the commissioner. If a life insurer, the right to vote may be limited to members who hold policies other than term or group policies, and whose policies have been in force for not less than one (1) year;

(3) The equity of each policyholder in the insurer is determinable under a fair formula approved by the commissioner. The equity shall be based upon not less than the insurer's entire surplus, after deducting contributed or borrowed surplus funds, plus a reasonable present equity in its reserves and in all nonadmitted assets;

(4) The policyholders entitled to participate in the purchase of stock or distribution of assets shall include all current policyholders and all existing persons who had been policyholders of the insurer within three (3) years prior to the date the plan was submitted to the commissioner;

(5) The plan gives each policyholder or former policyholder of the insurer entitled to participate in the purchase of stock or distribution of assets under subdivision (b)(4) of this section: (A) A preemptive right to acquire within a designated reasonable period his or her proportionate part of all of the proposed capital stock of: (i) The insurer; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; and (B) A right to apply to the exercise of the preemptive right under subdivision (b)(5)(A) of this section the amount of his or her equity in: (i) The insurer, as determined under subdivision (b)(3) of this section; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section;

(A) A preemptive right to acquire within a designated reasonable period his or her proportionate part of all of the proposed capital stock of: (i) The insurer; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; and

(i) The insurer; or

(ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section; and

(B) A right to apply to the exercise of the preemptive right under subdivision (b)(5)(A) of this section the amount of his or her equity in: (i) The insurer, as determined under subdivision (b)(3) of this section; or (ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section;

(i) The insurer, as determined under subdivision (b)(3) of this section; or

(ii) A holding company of the insurer formed for the purpose of facilitating a demutualization transaction under this section;

(6) Shares are offered to participating policyholders or former policyholders at a price not greater than the price offered to nonpolicyholders;

(7) (A) The plan provides for a cash payment to each policyholder or former policyholder not electing to apply his or her equity to the purchase of stock under subdivision (b)(5) of this section. (B) The cash payment shall: (i) Be not less than fifty percent (50%) of the amount of the equity of the policyholder or former policyholder not used for the purchase of stock; and (ii) Together with the stock purchased under subdivision (b)(5) of this section, if any, constitute full payment and discharge of the policyholder's or former policyholder's equity as an owner of the mutual insurer; and

(A) The plan provides for a cash payment to each policyholder or former policyholder not electing to apply his or her equity to the purchase of stock under subdivision (b)(5) of this section.

(B) The cash payment shall: (i) Be not less than fifty percent (50%) of the amount of the equity of the policyholder or former policyholder not used for the purchase of stock; and (ii) Together with the stock purchased under subdivision (b)(5) of this section, if any, constitute full payment and discharge of the policyholder's or former policyholder's equity as an owner of the mutual insurer; and

(i) Be not less than fifty percent (50%) of the amount of the equity of the policyholder or former policyholder not used for the purchase of stock; and

(ii) Together with the stock purchased under subdivision (b)(5) of this section, if any, constitute full payment and discharge of the policyholder's or former policyholder's equity as an owner of the mutual insurer; and

(8) The plan, when completed, would provide for the converted insurer paid-in capital stock in an amount not less than the minimum paid-in capital required of a domestic stock insurer transacting like kinds of insurance, together with surplus funds in amount not less than one-half (1/2) of the required capital.

(c) With regard to proposed transactions of a domestic insurer which is a subsidiary or affiliate of a depository institution, the hearing shall be concluded and the order issued within the sixty-day period preceding the effective date of the transaction, and the order shall be final upon entry, pursuant to federal law. Further, any restoration of capital, surplus, or special surplus required for approval of the transaction affecting the depository institution's affiliate or subsidiary shall also be accomplished within the same sixty-day period.

(d) This section shall not apply to formations of, or insurer conversions to, domestic mutual holding companies under other provisions of the Arkansas Insurance Code.

Acts 1959, No. 148, § 496; A.S.A. 1947, § 66-4244; Acts 2001, No. 1604, § 60; 2007, No. 30, §§ 1 - 3.
Ark. Code Ann. § 23-63-802 — AR Code / Title 23 / Chapter 63 / Subchapter 8 / Section 23-63-802
Eligible investments
Status: in_force

(a) Insurers shall invest in, or lend their funds on the security of, and shall hold as invested assets only eligible investments as prescribed in this subchapter. (b) Any particular investment held by an insurer on January 1, 1960, and which was a legal investment at the time it was made, or which the insurer was legally entitled to possess immediately prior to January 1, 1960, shall be deemed to be an eligible investment. (c) Eligibility of an investment shall be determined as of the date of its making or acquisition, except as stated in subsection (b) of this section. (d) Any investment limitation based upon the amount of the insurer's assets or particular funds shall relate to such assets or funds as shown by the insurer's annual statement as of the December 31 next preceding the date of acquisition of the investment by the insurer, or as shown by a current financial statement filed with the Insurance Commissioner. (e) None of the requirements, restrictions, limitations, or prohibitions for investments made under this subchapter, or contained in any regulation promulgated pursuant thereto, shall be preempted by the provisions of section 106 of Title 1 of the Secondary Mortgage Market Enhancement Act of 1984. The provisions of this subchapter and any rules promulgated pursuant thereto that pertain to investments in the categories of securities specified in paragraphs (1) and (2) of subsection (a) of the Secondary Mortgage Market Enhancement Act shall remain in full force and effect notwithstanding the enactment of the Secondary Mortgage Market Enhancement Act. Amended by Act 2019, No. 315,§ 2637, eff. 7/24/2019. Acts 1959, No. 148, § 98; A.S.A. 1947, § 66-2602; Acts 1991, No. 1123, § 1; 1993, No. 527, § 5.

(a) Insurers shall invest in, or lend their funds on the security of, and shall hold as invested assets only eligible investments as prescribed in this subchapter.

(b) Any particular investment held by an insurer on January 1, 1960, and which was a legal investment at the time it was made, or which the insurer was legally entitled to possess immediately prior to January 1, 1960, shall be deemed to be an eligible investment.

(c) Eligibility of an investment shall be determined as of the date of its making or acquisition, except as stated in subsection (b) of this section.

(d) Any investment limitation based upon the amount of the insurer's assets or particular funds shall relate to such assets or funds as shown by the insurer's annual statement as of the December 31 next preceding the date of acquisition of the investment by the insurer, or as shown by a current financial statement filed with the Insurance Commissioner.

(e) None of the requirements, restrictions, limitations, or prohibitions for investments made under this subchapter, or contained in any regulation promulgated pursuant thereto, shall be preempted by the provisions of section 106 of Title 1 of the Secondary Mortgage Market Enhancement Act of 1984. The provisions of this subchapter and any rules promulgated pursuant thereto that pertain to investments in the categories of securities specified in paragraphs (1) and (2) of subsection (a) of the Secondary Mortgage Market Enhancement Act shall remain in full force and effect notwithstanding the enactment of the Secondary Mortgage Market Enhancement Act.

Amended by Act 2019, No. 315,§ 2637, eff. 7/24/2019.

Acts 1959, No. 148, § 98; A.S.A. 1947, § 66-2602; Acts 1991, No. 1123, § 1; 1993, No. 527, § 5.
Ark. Code Ann. § 23-102-101 — AR Code / Title 23 / Chapter 102 / Section 23-102-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Earthquake Authority Act". Acts 1999, No. 1343, § 1.

This chapter shall be known and may be cited as the "Arkansas Earthquake Authority Act".

Acts 1999, No. 1343, § 1.
Ark. Code Ann. § 23-66-513 — AR Code / Title 23 / Chapter 66 / Subchapter 5 / Section 23-66-513
Initial appointment investigation
Status: in_force

(a) (1) (A) Prior to the approval of any application or request for appointment by an insurer or company to be added to the license obtained by an individual resident agent or producer who has had no previous appointments on his or her Arkansas license prior to this request, the insurer shall conduct or secure at its expense an investigation as to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted, and as to the agent's or producer's character, financial condition, and financial history. (B) The Insurance Commissioner may accept a background check performed by the National Association of Securities Dealers for any required broker or producer background check required by this section. (2) At a minimum, the investigation shall include the following information disclosed by the investigation: (A) Whether the applicant has been convicted of a felony and, if so, the date and nature of the conviction, the name and location of the court, and the penalty imposed or other disposition of the case, for review in compliance with the provisions of § 23-66-502(c) and other applicable state or federal laws; (B) Whether, at the time of the application, the agent or applicant is a named party in any lawsuit and, if so, the style of the lawsuit, a brief description of the litigation, and the name and location of the court; (C) Whether a judgment for monetary damages has been entered against the applicant within the last five (5) years and, if so, the date of the judgment, the amount of the judgment, whether the judgment has been paid or otherwise satisfied, the name and location of the court, and the style of the case; and (D) Such other information as the commissioner shall require. (3) The forms and the requirements of this subsection shall not apply to: (A) Any limited or restricted license as defined in § 23-64-502(7) or (9) , any limited or restricted license that the commissioner may exempt, or any temporary license the commissioner may issue; (B) Corporations, partnerships, limited liability companies, and partnerships licensed as insurance agencies under this chapter; and (C) Any individual requesting a renewal license or requesting his or her second or subsequent insurer appointments added after the first-time license or appointment. (b) The requirements for broker or producer background checks of subdivisions (a)(1) and (2) of this section shall apply to each first-time original license applicant for a resident broker's or producer's license in this state. However, those requirements shall not be required for any renewal broker's or producer's license, and all filings shall exclude appointment forms for first or renewal licenses for brokers or producers. Acts 2001, No. 580, § 20; 2003, No. 1203, § 14; 2003, No. 1473, § 53.

(a) (1) (A) Prior to the approval of any application or request for appointment by an insurer or company to be added to the license obtained by an individual resident agent or producer who has had no previous appointments on his or her Arkansas license prior to this request, the insurer shall conduct or secure at its expense an investigation as to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted, and as to the agent's or producer's character, financial condition, and financial history. (B) The Insurance Commissioner may accept a background check performed by the National Association of Securities Dealers for any required broker or producer background check required by this section. (2) At a minimum, the investigation shall include the following information disclosed by the investigation: (A) Whether the applicant has been convicted of a felony and, if so, the date and nature of the conviction, the name and location of the court, and the penalty imposed or other disposition of the case, for review in compliance with the provisions of § 23-66-502(c) and other applicable state or federal laws; (B) Whether, at the time of the application, the agent or applicant is a named party in any lawsuit and, if so, the style of the lawsuit, a brief description of the litigation, and the name and location of the court; (C) Whether a judgment for monetary damages has been entered against the applicant within the last five (5) years and, if so, the date of the judgment, the amount of the judgment, whether the judgment has been paid or otherwise satisfied, the name and location of the court, and the style of the case; and (D) Such other information as the commissioner shall require. (3) The forms and the requirements of this subsection shall not apply to: (A) Any limited or restricted license as defined in § 23-64-502(7) or (9) , any limited or restricted license that the commissioner may exempt, or any temporary license the commissioner may issue; (B) Corporations, partnerships, limited liability companies, and partnerships licensed as insurance agencies under this chapter; and (C) Any individual requesting a renewal license or requesting his or her second or subsequent insurer appointments added after the first-time license or appointment.

(1) (A) Prior to the approval of any application or request for appointment by an insurer or company to be added to the license obtained by an individual resident agent or producer who has had no previous appointments on his or her Arkansas license prior to this request, the insurer shall conduct or secure at its expense an investigation as to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted, and as to the agent's or producer's character, financial condition, and financial history. (B) The Insurance Commissioner may accept a background check performed by the National Association of Securities Dealers for any required broker or producer background check required by this section.

(A) Prior to the approval of any application or request for appointment by an insurer or company to be added to the license obtained by an individual resident agent or producer who has had no previous appointments on his or her Arkansas license prior to this request, the insurer shall conduct or secure at its expense an investigation as to the applicant's identity, residence, experience, or instruction as to the kinds of insurance to be transacted, and as to the agent's or producer's character, financial condition, and financial history.

(B) The Insurance Commissioner may accept a background check performed by the National Association of Securities Dealers for any required broker or producer background check required by this section.

(2) At a minimum, the investigation shall include the following information disclosed by the investigation: (A) Whether the applicant has been convicted of a felony and, if so, the date and nature of the conviction, the name and location of the court, and the penalty imposed or other disposition of the case, for review in compliance with the provisions of § 23-66-502(c) and other applicable state or federal laws; (B) Whether, at the time of the application, the agent or applicant is a named party in any lawsuit and, if so, the style of the lawsuit, a brief description of the litigation, and the name and location of the court; (C) Whether a judgment for monetary damages has been entered against the applicant within the last five (5) years and, if so, the date of the judgment, the amount of the judgment, whether the judgment has been paid or otherwise satisfied, the name and location of the court, and the style of the case; and (D) Such other information as the commissioner shall require.

(A) Whether the applicant has been convicted of a felony and, if so, the date and nature of the conviction, the name and location of the court, and the penalty imposed or other disposition of the case, for review in compliance with the provisions of § 23-66-502(c) and other applicable state or federal laws;

(B) Whether, at the time of the application, the agent or applicant is a named party in any lawsuit and, if so, the style of the lawsuit, a brief description of the litigation, and the name and location of the court;

(C) Whether a judgment for monetary damages has been entered against the applicant within the last five (5) years and, if so, the date of the judgment, the amount of the judgment, whether the judgment has been paid or otherwise satisfied, the name and location of the court, and the style of the case; and

(D) Such other information as the commissioner shall require.

(3) The forms and the requirements of this subsection shall not apply to: (A) Any limited or restricted license as defined in § 23-64-502(7) or (9) , any limited or restricted license that the commissioner may exempt, or any temporary license the commissioner may issue; (B) Corporations, partnerships, limited liability companies, and partnerships licensed as insurance agencies under this chapter; and (C) Any individual requesting a renewal license or requesting his or her second or subsequent insurer appointments added after the first-time license or appointment.

(A) Any limited or restricted license as defined in § 23-64-502(7) or (9) , any limited or restricted license that the commissioner may exempt, or any temporary license the commissioner may issue;

(B) Corporations, partnerships, limited liability companies, and partnerships licensed as insurance agencies under this chapter; and

(C) Any individual requesting a renewal license or requesting his or her second or subsequent insurer appointments added after the first-time license or appointment.

(b) The requirements for broker or producer background checks of subdivisions (a)(1) and (2) of this section shall apply to each first-time original license applicant for a resident broker's or producer's license in this state. However, those requirements shall not be required for any renewal broker's or producer's license, and all filings shall exclude appointment forms for first or renewal licenses for brokers or producers.

Acts 2001, No. 580, § 20; 2003, No. 1203, § 14; 2003, No. 1473, § 53.
Ark. Code Ann. § 23-18-604 — AR Code / Title 23 / Chapter 18 / Subchapter 6 / Section 23-18-604
Commission authority - Definition
Status: in_force

(a) (1) An electric utility shall allow net-metering facilities to be interconnected using, at a minimum, a single standard two-channel digital meter that separately measures the electric energy in kilowatt hours that is: (A) Supplied by an electric utility to the net-metering customer; and (B) Generated by the net-metering customer's net-metering facility and fed back to an electric utility. (2) An electric utility may impose a charge to recover any cost of the standard two-channel digital meter that is not otherwise included in the rates paid by the net-metering customer. (b) (1) Following notice, opportunity for public comment, and a hearing, a commission shall establish appropriate rates, terms, and conditions for net metering, including without limitation the adoption or revision of any applicable rules on or before December 31, 2023. (2) The right to a hearing under this subsection may be waived by the parties. (c) Through its actions under subdivision (b)(1) of this section, a commission shall: (1) (A) Ensure that each net-metering customer pays either the entire costs of an electric utility's facilities and associated expenses or the appropriate portion of the costs and associated expenses as determined under a rate schedule approved by a commission required to: (i) Provide service to the net-metering customer; and (ii) Enable the net-metering customer's use of the electric utility's facilities. (B) The costs described under subdivision (c)(1)(A) of this section include without limitation any costs that are: (i) Recovered through rates using the cost-of-service study underlying the rates approved by a commission in the electric utility's most recent application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.; (ii) Recovered through riders or surcharges; and (iii) Adjusted for any commission-approved: (a) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (b) Adjustments under § 23-4-901 et seq. (C) By December 31, 2023, a commission shall approve modifications to each electric utility's rate schedules applicable to net- metering customers pursuant to the rate structure the electric utility elects under § 23-18-606(a) ; (2) Allow an electric utility to modify the rates, terms, and conditions, including without limitation the rate structure and any individual rate components for net-metering customers, subject to approval by the commission, without filing an application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.; (3) Not adjust the costs of an electric utility's facilities and associated expenses required to provide service to a net-metering customer and to enable the net-metering customer's use of the electric utility's facilities as specified in subdivision (c)(1)(A) of this section with any amounts that are not quantified in the cost-of-service study underlying the retail rates approved by a commission in the electric utility's most recent application for a general change or modification in rates under § 23-4-401 et seq., including without limitation any commission-approved: (A) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (B) Adjustments under § 23-4-901 et seq.; (4) Establish rates for a net-metering customer using one (1) of the rate structures under § 23-18-606 ; (5) Separately meter the electric energy, measured in kilowatt hours, supplied by the electric utility to the net-metering customer and the electric energy, measured in kilowatt hours, that is fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (6) Apply the commission-approved customer charge, demand charge, or minimum bill provision and other applicable commission-approved charges addressed in subdivision (c)(1)(A) of this section; (7) Apply the commission-approved charges addressed in subdivision (c)(1)(A) of this section to the applicable net-metering customers, including without limitation any rates, riders, and surcharges that are applied based on the volume of kilowatt hours of electricity supplied by an electric utility, to all kilowatt hours that are supplied by the electric utility to a net-metering customer by the electric utility during the applicable billing period; (8) Authorize an electric utility to recover any net-metering surplus or the dollar value of any net excess generation applied to the bills of net-metering customers in the same manner that the electric utility recovers the cost of fuel and purchased energy; (9) (A) Authorize an electric utility to assess a net-metering customer a standard one-time fee, to be approved by the commission, to recover administrative and related interconnection review costs. (B) Any costs incurred by the electric utility for an interconnection study are the sole responsibility of the net-metering customer and shall be paid in advance of any work's being undertaken by the electric utility to: (i) Enable the interconnection; and (ii) Recover the electric utility's direct costs of interconnection and any grid upgrades required to connect the net-metering customer's net-metering facility; (10) (A) Require that a net-metering customer retains any renewable energy credit created as a result of the electricity supplied by a net-metering customer that generated the renewable energy credit. (B) The renewable energy credit may be retained, retired, or sold for the sole benefit of the net-metering customer; and (11) (A) Allow a net-metering facility of an individual net-metering customer to remain under the rate structure, terms, and conditions in effect before December 31, 2022, until June 1, 2040, if the net-metering customer has: (i) Submitted a standard interconnection agreement to the electric utility before September 30, 2024; (ii) Submitted a facilities agreement or equivalent document to establish an account with an electric utility and paid all costs of constructing the electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024; or (iii) Filed a complaint with a commission addressing a disputed facilities agreement or equivalent document to establish an account with an electric utility after the presentation by the electric utility to the net-metering customer of the facilities agreement or equivalent document and the required costs of constructing the facilities necessary to interconnect the net-metering facility before September 30, 2024. (B) A net-metering facility of an individual net-metering customer that does not meet the requirements of subdivision (c)(11)(A) of this section shall be billed using one (1) of the rate structures established in § 23-18-606 . (C) A net-metering facility billed using the rate structures described in subdivisions (c)(11)(A) and (B) of this section remains subject to any other change or modification in rates, terms, and conditions. (d) (1) Except as provided in subdivision (d)(2) of this section, an electric utility shall separately meter, bill, and credit each net-metering facility even if one (1) or more net-metering facilities are under common ownership. (2) (A) (i) At an individual net-metering customer's discretion, an electric utility shall apply net-metering credits for customers who are billed under § 23-18-606(a)(2)(A) -(G) or the net-metering surplus for all other customers from an individual net-metering customer's net-metering facility to the bill for another meter location of the individual net-metering customer if the net-metering facility and the separate meter location are under common ownership of the same individual net-metering customer within a single electric utility's allocated service territory and: (a) Are located within a one hundred (100) mile radius of the individual net-metering customer's net-metering facility, unless: (1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022; (2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or (3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or (b) For a net-metering facility that did not require approval by a commission, are constructed at a greater distance and included in an executed standard interconnection agreement submitted before December 31, 2023. (ii) A separate meter location under subdivision (d)(2)(A)(i) of this section shall be credited only with net-metering surplus from one (1) net-metering facility owned by, leased by, or providing electric service under a qualifying service contract of the same individual net-metering customer, with all accounts being under common ownership for the same individual net-metering customer. (B) Net-metering surplus shall be credited first to an individual net-metering customer's bill for the meter to which the net-metering facility is physically attached. (C) After applying net-metering surplus under subdivision (d)(2)(B) of this section and upon request of the net-metering customer under subdivision (d)(2)(A) of this section, any remaining net-metering surplus shall be credited to one (1) or more of the individual net-metering customer's bills for the individual net-metering customer's meters in the rank order provided by the individual net-metering customer. (e) A person that acts as a lessor or service provider as described in § 23-18-603(8)(A)(ii) or § 23-18-603(8)(A)(iii) shall not be considered a public utility as defined in § 23-1-101 . (f) An electric utility shall not be obligated to: (1) Accept or release any portion of its or another electric utility's allocated service territory to accommodate the development, construction, or operation of a net-metering facility; or (2) Publish, provide, or release any information regarding its electric utility facilities or system to aid in the location of the net-metering facilities beyond its established site review process. Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023. Amended by Act 2019, No. 464,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 827,§ 6, eff. 7/22/2015. Amended by Act 2015, No. 827,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 827,§ 4, eff. 7/22/2015. Amended by Act 2015, No. 827,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 827,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1221,§ 1, eff. 8/16/2013. Acts 2001, No. 1781, § 4; 2007, No. 1026, § 2.

(a) (1) An electric utility shall allow net-metering facilities to be interconnected using, at a minimum, a single standard two-channel digital meter that separately measures the electric energy in kilowatt hours that is: (A) Supplied by an electric utility to the net-metering customer; and (B) Generated by the net-metering customer's net-metering facility and fed back to an electric utility. (2) An electric utility may impose a charge to recover any cost of the standard two-channel digital meter that is not otherwise included in the rates paid by the net-metering customer.

(1) An electric utility shall allow net-metering facilities to be interconnected using, at a minimum, a single standard two-channel digital meter that separately measures the electric energy in kilowatt hours that is: (A) Supplied by an electric utility to the net-metering customer; and (B) Generated by the net-metering customer's net-metering facility and fed back to an electric utility.

(A) Supplied by an electric utility to the net-metering customer; and

(B) Generated by the net-metering customer's net-metering facility and fed back to an electric utility.

(2) An electric utility may impose a charge to recover any cost of the standard two-channel digital meter that is not otherwise included in the rates paid by the net-metering customer.

(b) (1) Following notice, opportunity for public comment, and a hearing, a commission shall establish appropriate rates, terms, and conditions for net metering, including without limitation the adoption or revision of any applicable rules on or before December 31, 2023. (2) The right to a hearing under this subsection may be waived by the parties.

(1) Following notice, opportunity for public comment, and a hearing, a commission shall establish appropriate rates, terms, and conditions for net metering, including without limitation the adoption or revision of any applicable rules on or before December 31, 2023.

(2) The right to a hearing under this subsection may be waived by the parties.

(c) Through its actions under subdivision (b)(1) of this section, a commission shall: (1) (A) Ensure that each net-metering customer pays either the entire costs of an electric utility's facilities and associated expenses or the appropriate portion of the costs and associated expenses as determined under a rate schedule approved by a commission required to: (i) Provide service to the net-metering customer; and (ii) Enable the net-metering customer's use of the electric utility's facilities. (B) The costs described under subdivision (c)(1)(A) of this section include without limitation any costs that are: (i) Recovered through rates using the cost-of-service study underlying the rates approved by a commission in the electric utility's most recent application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.; (ii) Recovered through riders or surcharges; and (iii) Adjusted for any commission-approved: (a) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (b) Adjustments under § 23-4-901 et seq. (C) By December 31, 2023, a commission shall approve modifications to each electric utility's rate schedules applicable to net- metering customers pursuant to the rate structure the electric utility elects under § 23-18-606(a) ; (2) Allow an electric utility to modify the rates, terms, and conditions, including without limitation the rate structure and any individual rate components for net-metering customers, subject to approval by the commission, without filing an application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.; (3) Not adjust the costs of an electric utility's facilities and associated expenses required to provide service to a net-metering customer and to enable the net-metering customer's use of the electric utility's facilities as specified in subdivision (c)(1)(A) of this section with any amounts that are not quantified in the cost-of-service study underlying the retail rates approved by a commission in the electric utility's most recent application for a general change or modification in rates under § 23-4-401 et seq., including without limitation any commission-approved: (A) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (B) Adjustments under § 23-4-901 et seq.; (4) Establish rates for a net-metering customer using one (1) of the rate structures under § 23-18-606 ; (5) Separately meter the electric energy, measured in kilowatt hours, supplied by the electric utility to the net-metering customer and the electric energy, measured in kilowatt hours, that is fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period; (6) Apply the commission-approved customer charge, demand charge, or minimum bill provision and other applicable commission-approved charges addressed in subdivision (c)(1)(A) of this section; (7) Apply the commission-approved charges addressed in subdivision (c)(1)(A) of this section to the applicable net-metering customers, including without limitation any rates, riders, and surcharges that are applied based on the volume of kilowatt hours of electricity supplied by an electric utility, to all kilowatt hours that are supplied by the electric utility to a net-metering customer by the electric utility during the applicable billing period; (8) Authorize an electric utility to recover any net-metering surplus or the dollar value of any net excess generation applied to the bills of net-metering customers in the same manner that the electric utility recovers the cost of fuel and purchased energy; (9) (A) Authorize an electric utility to assess a net-metering customer a standard one-time fee, to be approved by the commission, to recover administrative and related interconnection review costs. (B) Any costs incurred by the electric utility for an interconnection study are the sole responsibility of the net-metering customer and shall be paid in advance of any work's being undertaken by the electric utility to: (i) Enable the interconnection; and (ii) Recover the electric utility's direct costs of interconnection and any grid upgrades required to connect the net-metering customer's net-metering facility; (10) (A) Require that a net-metering customer retains any renewable energy credit created as a result of the electricity supplied by a net-metering customer that generated the renewable energy credit. (B) The renewable energy credit may be retained, retired, or sold for the sole benefit of the net-metering customer; and (11) (A) Allow a net-metering facility of an individual net-metering customer to remain under the rate structure, terms, and conditions in effect before December 31, 2022, until June 1, 2040, if the net-metering customer has: (i) Submitted a standard interconnection agreement to the electric utility before September 30, 2024; (ii) Submitted a facilities agreement or equivalent document to establish an account with an electric utility and paid all costs of constructing the electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024; or (iii) Filed a complaint with a commission addressing a disputed facilities agreement or equivalent document to establish an account with an electric utility after the presentation by the electric utility to the net-metering customer of the facilities agreement or equivalent document and the required costs of constructing the facilities necessary to interconnect the net-metering facility before September 30, 2024. (B) A net-metering facility of an individual net-metering customer that does not meet the requirements of subdivision (c)(11)(A) of this section shall be billed using one (1) of the rate structures established in § 23-18-606 . (C) A net-metering facility billed using the rate structures described in subdivisions (c)(11)(A) and (B) of this section remains subject to any other change or modification in rates, terms, and conditions.

(1) (A) Ensure that each net-metering customer pays either the entire costs of an electric utility's facilities and associated expenses or the appropriate portion of the costs and associated expenses as determined under a rate schedule approved by a commission required to: (i) Provide service to the net-metering customer; and (ii) Enable the net-metering customer's use of the electric utility's facilities. (B) The costs described under subdivision (c)(1)(A) of this section include without limitation any costs that are: (i) Recovered through rates using the cost-of-service study underlying the rates approved by a commission in the electric utility's most recent application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.; (ii) Recovered through riders or surcharges; and (iii) Adjusted for any commission-approved: (a) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (b) Adjustments under § 23-4-901 et seq. (C) By December 31, 2023, a commission shall approve modifications to each electric utility's rate schedules applicable to net- metering customers pursuant to the rate structure the electric utility elects under § 23-18-606(a) ;

(A) Ensure that each net-metering customer pays either the entire costs of an electric utility's facilities and associated expenses or the appropriate portion of the costs and associated expenses as determined under a rate schedule approved by a commission required to: (i) Provide service to the net-metering customer; and (ii) Enable the net-metering customer's use of the electric utility's facilities.

(i) Provide service to the net-metering customer; and

(ii) Enable the net-metering customer's use of the electric utility's facilities.

(B) The costs described under subdivision (c)(1)(A) of this section include without limitation any costs that are: (i) Recovered through rates using the cost-of-service study underlying the rates approved by a commission in the electric utility's most recent application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.; (ii) Recovered through riders or surcharges; and (iii) Adjusted for any commission-approved: (a) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (b) Adjustments under § 23-4-901 et seq.

(i) Recovered through rates using the cost-of-service study underlying the rates approved by a commission in the electric utility's most recent application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.;

(ii) Recovered through riders or surcharges; and

(iii) Adjusted for any commission-approved: (a) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (b) Adjustments under § 23-4-901 et seq.

(a) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or

(b) Adjustments under § 23-4-901 et seq.

(C) By December 31, 2023, a commission shall approve modifications to each electric utility's rate schedules applicable to net- metering customers pursuant to the rate structure the electric utility elects under § 23-18-606(a) ;

(2) Allow an electric utility to modify the rates, terms, and conditions, including without limitation the rate structure and any individual rate components for net-metering customers, subject to approval by the commission, without filing an application for a general change or modification of the electric utility's rates under § 23-4-401 et seq.;

(3) Not adjust the costs of an electric utility's facilities and associated expenses required to provide service to a net-metering customer and to enable the net-metering customer's use of the electric utility's facilities as specified in subdivision (c)(1)(A) of this section with any amounts that are not quantified in the cost-of-service study underlying the retail rates approved by a commission in the electric utility's most recent application for a general change or modification in rates under § 23-4-401 et seq., including without limitation any commission-approved: (A) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or (B) Adjustments under § 23-4-901 et seq.;

(A) Formula rate plan adjustments under the Formula Rate Review Act, § 23-4-1201 et seq.; or

(B) Adjustments under § 23-4-901 et seq.;

(4) Establish rates for a net-metering customer using one (1) of the rate structures under § 23-18-606 ;

(5) Separately meter the electric energy, measured in kilowatt hours, supplied by the electric utility to the net-metering customer and the electric energy, measured in kilowatt hours, that is fed back to the electric utility from the net-metering customer's net-metering facility at any time during the applicable billing period;

(6) Apply the commission-approved customer charge, demand charge, or minimum bill provision and other applicable commission-approved charges addressed in subdivision (c)(1)(A) of this section;

(7) Apply the commission-approved charges addressed in subdivision (c)(1)(A) of this section to the applicable net-metering customers, including without limitation any rates, riders, and surcharges that are applied based on the volume of kilowatt hours of electricity supplied by an electric utility, to all kilowatt hours that are supplied by the electric utility to a net-metering customer by the electric utility during the applicable billing period;

(8) Authorize an electric utility to recover any net-metering surplus or the dollar value of any net excess generation applied to the bills of net-metering customers in the same manner that the electric utility recovers the cost of fuel and purchased energy;

(9) (A) Authorize an electric utility to assess a net-metering customer a standard one-time fee, to be approved by the commission, to recover administrative and related interconnection review costs. (B) Any costs incurred by the electric utility for an interconnection study are the sole responsibility of the net-metering customer and shall be paid in advance of any work's being undertaken by the electric utility to: (i) Enable the interconnection; and (ii) Recover the electric utility's direct costs of interconnection and any grid upgrades required to connect the net-metering customer's net-metering facility;

(A) Authorize an electric utility to assess a net-metering customer a standard one-time fee, to be approved by the commission, to recover administrative and related interconnection review costs.

(B) Any costs incurred by the electric utility for an interconnection study are the sole responsibility of the net-metering customer and shall be paid in advance of any work's being undertaken by the electric utility to: (i) Enable the interconnection; and (ii) Recover the electric utility's direct costs of interconnection and any grid upgrades required to connect the net-metering customer's net-metering facility;

(i) Enable the interconnection; and

(ii) Recover the electric utility's direct costs of interconnection and any grid upgrades required to connect the net-metering customer's net-metering facility;

(10) (A) Require that a net-metering customer retains any renewable energy credit created as a result of the electricity supplied by a net-metering customer that generated the renewable energy credit. (B) The renewable energy credit may be retained, retired, or sold for the sole benefit of the net-metering customer; and

(A) Require that a net-metering customer retains any renewable energy credit created as a result of the electricity supplied by a net-metering customer that generated the renewable energy credit.

(B) The renewable energy credit may be retained, retired, or sold for the sole benefit of the net-metering customer; and

(11) (A) Allow a net-metering facility of an individual net-metering customer to remain under the rate structure, terms, and conditions in effect before December 31, 2022, until June 1, 2040, if the net-metering customer has: (i) Submitted a standard interconnection agreement to the electric utility before September 30, 2024; (ii) Submitted a facilities agreement or equivalent document to establish an account with an electric utility and paid all costs of constructing the electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024; or (iii) Filed a complaint with a commission addressing a disputed facilities agreement or equivalent document to establish an account with an electric utility after the presentation by the electric utility to the net-metering customer of the facilities agreement or equivalent document and the required costs of constructing the facilities necessary to interconnect the net-metering facility before September 30, 2024. (B) A net-metering facility of an individual net-metering customer that does not meet the requirements of subdivision (c)(11)(A) of this section shall be billed using one (1) of the rate structures established in § 23-18-606 . (C) A net-metering facility billed using the rate structures described in subdivisions (c)(11)(A) and (B) of this section remains subject to any other change or modification in rates, terms, and conditions.

(A) Allow a net-metering facility of an individual net-metering customer to remain under the rate structure, terms, and conditions in effect before December 31, 2022, until June 1, 2040, if the net-metering customer has: (i) Submitted a standard interconnection agreement to the electric utility before September 30, 2024; (ii) Submitted a facilities agreement or equivalent document to establish an account with an electric utility and paid all costs of constructing the electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024; or (iii) Filed a complaint with a commission addressing a disputed facilities agreement or equivalent document to establish an account with an electric utility after the presentation by the electric utility to the net-metering customer of the facilities agreement or equivalent document and the required costs of constructing the facilities necessary to interconnect the net-metering facility before September 30, 2024.

(i) Submitted a standard interconnection agreement to the electric utility before September 30, 2024;

(ii) Submitted a facilities agreement or equivalent document to establish an account with an electric utility and paid all costs of constructing the electric utility facilities necessary to interconnect the net-metering facility before September 30, 2024; or

(iii) Filed a complaint with a commission addressing a disputed facilities agreement or equivalent document to establish an account with an electric utility after the presentation by the electric utility to the net-metering customer of the facilities agreement or equivalent document and the required costs of constructing the facilities necessary to interconnect the net-metering facility before September 30, 2024.

(B) A net-metering facility of an individual net-metering customer that does not meet the requirements of subdivision (c)(11)(A) of this section shall be billed using one (1) of the rate structures established in § 23-18-606 .

(C) A net-metering facility billed using the rate structures described in subdivisions (c)(11)(A) and (B) of this section remains subject to any other change or modification in rates, terms, and conditions.

(d) (1) Except as provided in subdivision (d)(2) of this section, an electric utility shall separately meter, bill, and credit each net-metering facility even if one (1) or more net-metering facilities are under common ownership. (2) (A) (i) At an individual net-metering customer's discretion, an electric utility shall apply net-metering credits for customers who are billed under § 23-18-606(a)(2)(A) -(G) or the net-metering surplus for all other customers from an individual net-metering customer's net-metering facility to the bill for another meter location of the individual net-metering customer if the net-metering facility and the separate meter location are under common ownership of the same individual net-metering customer within a single electric utility's allocated service territory and: (a) Are located within a one hundred (100) mile radius of the individual net-metering customer's net-metering facility, unless: (1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022; (2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or (3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or (b) For a net-metering facility that did not require approval by a commission, are constructed at a greater distance and included in an executed standard interconnection agreement submitted before December 31, 2023. (ii) A separate meter location under subdivision (d)(2)(A)(i) of this section shall be credited only with net-metering surplus from one (1) net-metering facility owned by, leased by, or providing electric service under a qualifying service contract of the same individual net-metering customer, with all accounts being under common ownership for the same individual net-metering customer. (B) Net-metering surplus shall be credited first to an individual net-metering customer's bill for the meter to which the net-metering facility is physically attached. (C) After applying net-metering surplus under subdivision (d)(2)(B) of this section and upon request of the net-metering customer under subdivision (d)(2)(A) of this section, any remaining net-metering surplus shall be credited to one (1) or more of the individual net-metering customer's bills for the individual net-metering customer's meters in the rank order provided by the individual net-metering customer.

(1) Except as provided in subdivision (d)(2) of this section, an electric utility shall separately meter, bill, and credit each net-metering facility even if one (1) or more net-metering facilities are under common ownership.

(2) (A) (i) At an individual net-metering customer's discretion, an electric utility shall apply net-metering credits for customers who are billed under § 23-18-606(a)(2)(A) -(G) or the net-metering surplus for all other customers from an individual net-metering customer's net-metering facility to the bill for another meter location of the individual net-metering customer if the net-metering facility and the separate meter location are under common ownership of the same individual net-metering customer within a single electric utility's allocated service territory and: (a) Are located within a one hundred (100) mile radius of the individual net-metering customer's net-metering facility, unless: (1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022; (2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or (3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or (b) For a net-metering facility that did not require approval by a commission, are constructed at a greater distance and included in an executed standard interconnection agreement submitted before December 31, 2023. (ii) A separate meter location under subdivision (d)(2)(A)(i) of this section shall be credited only with net-metering surplus from one (1) net-metering facility owned by, leased by, or providing electric service under a qualifying service contract of the same individual net-metering customer, with all accounts being under common ownership for the same individual net-metering customer. (B) Net-metering surplus shall be credited first to an individual net-metering customer's bill for the meter to which the net-metering facility is physically attached. (C) After applying net-metering surplus under subdivision (d)(2)(B) of this section and upon request of the net-metering customer under subdivision (d)(2)(A) of this section, any remaining net-metering surplus shall be credited to one (1) or more of the individual net-metering customer's bills for the individual net-metering customer's meters in the rank order provided by the individual net-metering customer.

(A) (i) At an individual net-metering customer's discretion, an electric utility shall apply net-metering credits for customers who are billed under § 23-18-606(a)(2)(A) -(G) or the net-metering surplus for all other customers from an individual net-metering customer's net-metering facility to the bill for another meter location of the individual net-metering customer if the net-metering facility and the separate meter location are under common ownership of the same individual net-metering customer within a single electric utility's allocated service territory and: (a) Are located within a one hundred (100) mile radius of the individual net-metering customer's net-metering facility, unless: (1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022; (2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or (3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or (b) For a net-metering facility that did not require approval by a commission, are constructed at a greater distance and included in an executed standard interconnection agreement submitted before December 31, 2023. (ii) A separate meter location under subdivision (d)(2)(A)(i) of this section shall be credited only with net-metering surplus from one (1) net-metering facility owned by, leased by, or providing electric service under a qualifying service contract of the same individual net-metering customer, with all accounts being under common ownership for the same individual net-metering customer.

(i) At an individual net-metering customer's discretion, an electric utility shall apply net-metering credits for customers who are billed under § 23-18-606(a)(2)(A) -(G) or the net-metering surplus for all other customers from an individual net-metering customer's net-metering facility to the bill for another meter location of the individual net-metering customer if the net-metering facility and the separate meter location are under common ownership of the same individual net-metering customer within a single electric utility's allocated service territory and: (a) Are located within a one hundred (100) mile radius of the individual net-metering customer's net-metering facility, unless: (1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022; (2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or (3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or (b) For a net-metering facility that did not require approval by a commission, are constructed at a greater distance and included in an executed standard interconnection agreement submitted before December 31, 2023.

(a) Are located within a one hundred (100) mile radius of the individual net-metering customer's net-metering facility, unless: (1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022; (2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or (3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or

(1) A commission approved a greater distance for an individual net-metering customer before December 31, 2022;

(2) An individual net-metering customer has executed a contract with a net-metering facility developer by February 22, 2023, to purchase a net-metering facility with a nameplate capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance and has filed that contract with a commission under a protective order by March 31, 2023; or

(3) An individual net-metering customer has filed an application with a commission for approval of a net-metering facility with a nameplate generating capacity not to exceed twenty thousand kilowatts (20,000 kW) with a greater distance before December 31, 2022; or

(b) For a net-metering facility that did not require approval by a commission, are constructed at a greater distance and included in an executed standard interconnection agreement submitted before December 31, 2023.

(ii) A separate meter location under subdivision (d)(2)(A)(i) of this section shall be credited only with net-metering surplus from one (1) net-metering facility owned by, leased by, or providing electric service under a qualifying service contract of the same individual net-metering customer, with all accounts being under common ownership for the same individual net-metering customer.

(B) Net-metering surplus shall be credited first to an individual net-metering customer's bill for the meter to which the net-metering facility is physically attached.

(C) After applying net-metering surplus under subdivision (d)(2)(B) of this section and upon request of the net-metering customer under subdivision (d)(2)(A) of this section, any remaining net-metering surplus shall be credited to one (1) or more of the individual net-metering customer's bills for the individual net-metering customer's meters in the rank order provided by the individual net-metering customer.

(e) A person that acts as a lessor or service provider as described in § 23-18-603(8)(A)(ii) or § 23-18-603(8)(A)(iii) shall not be considered a public utility as defined in § 23-1-101 .

(f) An electric utility shall not be obligated to: (1) Accept or release any portion of its or another electric utility's allocated service territory to accommodate the development, construction, or operation of a net-metering facility; or (2) Publish, provide, or release any information regarding its electric utility facilities or system to aid in the location of the net-metering facilities beyond its established site review process.

(1) Accept or release any portion of its or another electric utility's allocated service territory to accommodate the development, construction, or operation of a net-metering facility; or

(2) Publish, provide, or release any information regarding its electric utility facilities or system to aid in the location of the net-metering facilities beyond its established site review process.

Amended by Act 2023, No. 278,§ 1, eff. 3/13/2023.

Amended by Act 2019, No. 464,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 827,§ 6, eff. 7/22/2015.

Amended by Act 2015, No. 827,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 827,§ 4, eff. 7/22/2015.

Amended by Act 2015, No. 827,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 827,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1221,§ 1, eff. 8/16/2013.

Acts 2001, No. 1781, § 4; 2007, No. 1026, § 2.
Ark. Code Ann. § 23-32-403 — AR Code / Title 23 / Chapter 32 / Subchapter 4 / Section 23-32-403
Transactions not considered engaging in business
Status: in_force

Without excluding other activities which may not constitute transaction of, or engaging in, business in this state, investor companies which are engaged in investing in loans secured by real estate and which are not chartered or domesticated in this state and do not engage in a general banking business in this state shall not be considered to be transacting or engaging in business in this state under the law of this state by reason of carrying on in this state any one (1) or more of the following activities: (1) The acquisition of, or participation in, loans secured by mortgages or deeds of trust on real property situated in Arkansas pursuant to commitment arrangements or agreements made prior to or following the origination or creation of the loans; (2) The ownership, modification, renewal, extension, transfer, or foreclosure of such loans, or the acceptance of substitute or additional obligors thereon; (3) The maintaining or defending of actions or suits relative to such loans, mortgages, or deeds of trust; (4) The maintenance of bank accounts in Arkansas in connection with the collection or servicing of such loans; (5) The making, collection, and servicing of such loans through an Arkansas agent or agency engaged in the business of servicing real estate loans for investors; (6) The taking of deeds to the mortgaged property either in lieu of foreclosure or for the purpose of transferring title either to the Federal Housing Administration, the Department of Veterans Affairs, or other governmental agency; (7) The acquisition of title to property under foreclosure sale or from the owner in lieu of foreclosure; (8) The management, rental, maintenance, and sale or the operating, maintaining, renting, or otherwise dealing with, selling, or disposing of real property acquired under foreclosure sale or by agreement in lieu thereof; or (9) The physical inspection and appraisal of property in Arkansas as security for deeds of trust or mortgage negotiations for the purchase of such loans. Acts 1997, No. 88, § 3.

Without excluding other activities which may not constitute transaction of, or engaging in, business in this state, investor companies which are engaged in investing in loans secured by real estate and which are not chartered or domesticated in this state and do not engage in a general banking business in this state shall not be considered to be transacting or engaging in business in this state under the law of this state by reason of carrying on in this state any one (1) or more of the following activities:

(1) The acquisition of, or participation in, loans secured by mortgages or deeds of trust on real property situated in Arkansas pursuant to commitment arrangements or agreements made prior to or following the origination or creation of the loans;

(2) The ownership, modification, renewal, extension, transfer, or foreclosure of such loans, or the acceptance of substitute or additional obligors thereon;

(3) The maintaining or defending of actions or suits relative to such loans, mortgages, or deeds of trust;

(4) The maintenance of bank accounts in Arkansas in connection with the collection or servicing of such loans;

(5) The making, collection, and servicing of such loans through an Arkansas agent or agency engaged in the business of servicing real estate loans for investors;

(6) The taking of deeds to the mortgaged property either in lieu of foreclosure or for the purpose of transferring title either to the Federal Housing Administration, the Department of Veterans Affairs, or other governmental agency;

(7) The acquisition of title to property under foreclosure sale or from the owner in lieu of foreclosure;

(8) The management, rental, maintenance, and sale or the operating, maintaining, renting, or otherwise dealing with, selling, or disposing of real property acquired under foreclosure sale or by agreement in lieu thereof; or

(9) The physical inspection and appraisal of property in Arkansas as security for deeds of trust or mortgage negotiations for the purchase of such loans.

Acts 1997, No. 88, § 3.
Ark. Code Ann. § 23-112-606 — AR Code / Title 23 / Chapter 112 / Subchapter 6 / Section 23-112-606
License required
Status: in_force

It shall be unlawful for any person to engage in business as a used motor vehicle dealer or to sell a vehicle not his or her own without obtaining a used motor vehicle dealer's license, except that a person defined as a salesperson in § 23-112-602 may act on behalf of the dealer by whom such a person is employed. Acts 1993, No. 490, § 3.

It shall be unlawful for any person to engage in business as a used motor vehicle dealer or to sell a vehicle not his or her own without obtaining a used motor vehicle dealer's license, except that a person defined as a salesperson in § 23-112-602 may act on behalf of the dealer by whom such a person is employed.

Acts 1993, No. 490, § 3.
Ark. Code Ann. § 23-85-122 — AR Code / Title 23 / Chapter 85 / Section 23-85-122
Optional relation of earnings to insurance provision
Status: in_force

(a) There may be a provision as follows: "Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two (2) years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two (2) years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred dollars ($200) or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time." (b) (1) The policy provision in subsection (a) of this section may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least fifty (50) years of age, or in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue. (2) At its option, the insurer may include in this provision a definition of "valid loss of time coverage", approved as to form by the Insurance Commissioner, which shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage, the inclusion of which may be approved by the commissioner or any combination of such coverages. (3) In the absence of the definition, this term shall not include any coverage provided for the insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, or benefits provided by union welfare plans or by employer or employee benefit organizations. Acts 1959, No. 148, § 407; A.S.A. 1947, § 66-3622.

(a) There may be a provision as follows: "Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two (2) years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two (2) years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred dollars ($200) or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time."

"Relation of Earnings to Insurance: If the total monthly amount of loss of time benefits promised for the same loss under all valid loss of time coverage upon the insured, whether payable on a weekly or monthly basis, shall exceed the monthly earnings of the insured at the time disability commenced or his average monthly earnings for the period of two (2) years immediately preceding a disability for which claim is made, whichever is the greater, the insurer will be liable only for such proportionate amount of such benefits under this policy as the amount of such monthly earnings or such average monthly earnings of the insured bears to the total amount of monthly benefits for the same loss under all such coverage upon the insured at the time such disability commences and for the return of such part of the premiums paid during such two (2) years as shall exceed the pro rata amount of the premiums for the benefits actually paid hereunder; but this shall not operate to reduce the total monthly amount of benefits payable under all such coverage upon the insured below the sum of two hundred dollars ($200) or the sum of the monthly benefits specified in such coverages, whichever is the lesser, nor shall it operate to reduce benefits other than those payable for loss of time."

(b) (1) The policy provision in subsection (a) of this section may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least fifty (50) years of age, or in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue. (2) At its option, the insurer may include in this provision a definition of "valid loss of time coverage", approved as to form by the Insurance Commissioner, which shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage, the inclusion of which may be approved by the commissioner or any combination of such coverages. (3) In the absence of the definition, this term shall not include any coverage provided for the insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, or benefits provided by union welfare plans or by employer or employee benefit organizations.

(1) The policy provision in subsection (a) of this section may be inserted only in a policy which the insured has the right to continue in force subject to its terms by the timely payment of premiums until at least fifty (50) years of age, or in the case of a policy issued after forty-four (44) years of age, for at least five (5) years from its date of issue.

(2) At its option, the insurer may include in this provision a definition of "valid loss of time coverage", approved as to form by the Insurance Commissioner, which shall be limited in subject matter to coverage provided by governmental agencies or by organizations subject to regulation by insurance law or by insurance authorities of this or any other state of the United States or any province of Canada, or to any other coverage, the inclusion of which may be approved by the commissioner or any combination of such coverages.

(3) In the absence of the definition, this term shall not include any coverage provided for the insured pursuant to any compulsory benefit statute, including any workers' compensation or employer's liability statute, or benefits provided by union welfare plans or by employer or employee benefit organizations.

Acts 1959, No. 148, § 407; A.S.A. 1947, § 66-3622.
Ark. Code Ann. § 23-78-101 — AR Code / Title 23 / Chapter 78 / Section 23-78-101
Definitions
Status: in_force

As used in this chapter: (1) "Association" or "burial association" means: (A) Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953: (i) Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members; (ii) Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or (iii) Issues a certificate which provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and (B) Every person, firm, association, copartnership, corporation, or company which, prior to February 18, 1953, has: (i) Undertaken for a consideration to pay money to its contributors for the purposes of defraying all or part of the funeral expenses of a deceased person; (ii) Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or (iii) Issued any form of contract or certificate which, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers; and (2) [Repealed.] Amended by Act 2017, No. 788,§ 67, eff. 7/1/2018. Acts 1953, No. 91, §§ 1, 2; 1985, No. 679, § 1; A.S.A. 1947, §§ 66-1801, 66-1802.

As used in this chapter:

(1) "Association" or "burial association" means: (A) Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953: (i) Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members; (ii) Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or (iii) Issues a certificate which provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and (B) Every person, firm, association, copartnership, corporation, or company which, prior to February 18, 1953, has: (i) Undertaken for a consideration to pay money to its contributors for the purposes of defraying all or part of the funeral expenses of a deceased person; (ii) Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or (iii) Issued any form of contract or certificate which, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers; and

(A) Any person, firm, association, copartnership, corporation, company, or other organization which, from and after February 18, 1953: (i) Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members; (ii) Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or (iii) Issues a certificate which provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and

(i) Undertakes for consideration paid by or on behalf of its members to defray all or a part of the funeral expenses of the members;

(ii) Furnishes or undertakes to furnish merchandise, supplies, and services or any other character of burial benefits to the members; or

(iii) Issues a certificate which provides for the payment of funeral benefits to the members in services, merchandise, or supplies, including the services of funeral directors and embalmers; and

(B) Every person, firm, association, copartnership, corporation, or company which, prior to February 18, 1953, has: (i) Undertaken for a consideration to pay money to its contributors for the purposes of defraying all or part of the funeral expenses of a deceased person; (ii) Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or (iii) Issued any form of contract or certificate which, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers; and

(i) Undertaken for a consideration to pay money to its contributors for the purposes of defraying all or part of the funeral expenses of a deceased person;

(ii) Furnished or has undertaken to furnish supplies and services or any other character of burial benefits to the contributing person or to his or her beneficiaries or members of his or her family; or

(iii) Issued any form of contract or certificate which, under its terms, provides for the payment of funeral benefits in money, services, or supplies, including the services of undertakers or embalmers; and

(2) [Repealed.]

Amended by Act 2017, No. 788,§ 67, eff. 7/1/2018.

Acts 1953, No. 91, §§ 1, 2; 1985, No. 679, § 1; A.S.A. 1947, §§ 66-1801, 66-1802.
Ark. Code Ann. § 23-51-135 — AR Code / Title 23 / Chapter 51 / Section 23-51-135
Application regarding acquisition of control
Status: in_force

(a) The proposed transferee seeking approval to acquire control of a state trust company or a person that controls a state trust company must file with the Bank Commissioner: (1) An application in the form prescribed by the commissioner; (2) The filing fee in an amount not less than one thousand five hundred dollars ($1,500) and not more than three thousand dollars ($3,000), as set by rules issued by the commissioner; and (3) All information required by rule or that the commissioner requires in a particular application as necessary to an informed decision to approve or reject the proposed acquisition. (b) If the proposed transferee includes any group of individuals or entities acting in concert, the information required by the commissioner may be required of each member of the group. (c) If the proposed transferee is not an Arkansas resident, an Arkansas company, or an out-of-state company qualified to do business in this state, a written consent to service of process on a resident of this state in any action or suit arising out of or connected with the proposed acquisition. (d) The proposed transferee must give public notice of the application, its date of filing, and the identity of each participant, in the form specified by the commissioner, through publication by one (1) insertion in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation, promptly after the commissioner accepts the application as complete. Amended by Act 2019, No. 315,§ 2590, eff. 7/24/2019. Acts 1997, No. 940, § 35.

(a) The proposed transferee seeking approval to acquire control of a state trust company or a person that controls a state trust company must file with the Bank Commissioner: (1) An application in the form prescribed by the commissioner; (2) The filing fee in an amount not less than one thousand five hundred dollars ($1,500) and not more than three thousand dollars ($3,000), as set by rules issued by the commissioner; and (3) All information required by rule or that the commissioner requires in a particular application as necessary to an informed decision to approve or reject the proposed acquisition.

(1) An application in the form prescribed by the commissioner;

(2) The filing fee in an amount not less than one thousand five hundred dollars ($1,500) and not more than three thousand dollars ($3,000), as set by rules issued by the commissioner; and

(3) All information required by rule or that the commissioner requires in a particular application as necessary to an informed decision to approve or reject the proposed acquisition.

(b) If the proposed transferee includes any group of individuals or entities acting in concert, the information required by the commissioner may be required of each member of the group.

(c) If the proposed transferee is not an Arkansas resident, an Arkansas company, or an out-of-state company qualified to do business in this state, a written consent to service of process on a resident of this state in any action or suit arising out of or connected with the proposed acquisition.

(d) The proposed transferee must give public notice of the application, its date of filing, and the identity of each participant, in the form specified by the commissioner, through publication by one (1) insertion in a newspaper published in the City of Little Rock and having a general and substantially statewide circulation, promptly after the commissioner accepts the application as complete.

Amended by Act 2019, No. 315,§ 2590, eff. 7/24/2019.

Acts 1997, No. 940, § 35.
Ark. Code Ann. § 23-61-113 — AR Code / Title 23 / Chapter 61 / Subchapter 1 / Section 23-61-113
Disclosure of nonpublic personal information
Status: in_force

(a) A person shall not disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102. (b) (1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health information by the Arkansas Comprehensive Health Insurance Pool and by all licensed insurers, health maintenance organizations, or other insuring health entities regulated by the commissioner, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered by the commissioner. (2) (A) An entity or person described in subdivision (b)(1) of this section or a legal entity engaged in the business of insurance, including without limitation an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, agent, broker, and adjuster, shall: (i) Provide notification of a data breach to the commissioner in the same time and manner as required under § 4-110-105 ; and (ii) Comply with all requirements for disclosure and notification of a data breach as required under § 4-110-105 . (B) (i) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws of this state. (ii) The commissioner may promulgate rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code. (c) (1) The commissioner shall waive any provision of this section that creates a conflict with similar federal laws or regulations, or which, due to the enactment of any similar federal laws or regulations, creates an undue burden or increased financial or operational demands upon a person or entity described in subdivision (b)(1) of this section in order to comply with this section, the rules to be promulgated by the commissioner, and similar federal laws and regulations. (2) A person or entity described in subdivision (b)(1) of this section may request a hearing before the commissioner to seek the waiver referenced in subdivision (c)(1) of this section. (3) (A) Under § 23-61-307 , a person or entity described in subdivision (b)(1) of this section is entitled to appeal the commissioner's decision to deny a waiver. (B) In an appeal under this section, the commissioner shall be named as defendant. (C) In any such action, the commissioner may defend the action in his or her discretion. Amended by Act 2017, No. 283,§ 4, eff. 8/1/2017. Acts 2001, No. 1619, § 1; 2005, No. 506, § 9.

(a) A person shall not disclose any nonpublic personal information contrary to the provisions of Title V of the Gramm-Leach-Bliley Act, Pub. L. No. 106-102.

(b) (1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health information by the Arkansas Comprehensive Health Insurance Pool and by all licensed insurers, health maintenance organizations, or other insuring health entities regulated by the commissioner, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered by the commissioner. (2) (A) An entity or person described in subdivision (b)(1) of this section or a legal entity engaged in the business of insurance, including without limitation an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, agent, broker, and adjuster, shall: (i) Provide notification of a data breach to the commissioner in the same time and manner as required under § 4-110-105 ; and (ii) Comply with all requirements for disclosure and notification of a data breach as required under § 4-110-105 . (B) (i) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws of this state. (ii) The commissioner may promulgate rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.

(1) The Insurance Commissioner shall adopt rules governing the treatment of consumer financial and protected health information by the Arkansas Comprehensive Health Insurance Pool and by all licensed insurers, health maintenance organizations, or other insuring health entities regulated by the commissioner, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered by the commissioner.

(2) (A) An entity or person described in subdivision (b)(1) of this section or a legal entity engaged in the business of insurance, including without limitation an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, agent, broker, and adjuster, shall: (i) Provide notification of a data breach to the commissioner in the same time and manner as required under § 4-110-105 ; and (ii) Comply with all requirements for disclosure and notification of a data breach as required under § 4-110-105 . (B) (i) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws of this state. (ii) The commissioner may promulgate rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.

(A) An entity or person described in subdivision (b)(1) of this section or a legal entity engaged in the business of insurance, including without limitation an individual, corporation, association, partnership, reciprocal exchange, interinsurer, Lloyd's insurer, fraternal benefit society, agent, broker, and adjuster, shall: (i) Provide notification of a data breach to the commissioner in the same time and manner as required under § 4-110-105 ; and (ii) Comply with all requirements for disclosure and notification of a data breach as required under § 4-110-105 .

(i) Provide notification of a data breach to the commissioner in the same time and manner as required under § 4-110-105 ; and

(ii) Comply with all requirements for disclosure and notification of a data breach as required under § 4-110-105 .

(B) (i) This section does not affect the right of the commissioner to impose other penalties provided for in the insurance laws of this state. (ii) The commissioner may promulgate rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.

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

(ii) The commissioner may promulgate rules necessary for or as an aid to the effectuation of any provision of the Arkansas Insurance Code.

(c) (1) The commissioner shall waive any provision of this section that creates a conflict with similar federal laws or regulations, or which, due to the enactment of any similar federal laws or regulations, creates an undue burden or increased financial or operational demands upon a person or entity described in subdivision (b)(1) of this section in order to comply with this section, the rules to be promulgated by the commissioner, and similar federal laws and regulations. (2) A person or entity described in subdivision (b)(1) of this section may request a hearing before the commissioner to seek the waiver referenced in subdivision (c)(1) of this section. (3) (A) Under § 23-61-307 , a person or entity described in subdivision (b)(1) of this section is entitled to appeal the commissioner's decision to deny a waiver. (B) In an appeal under this section, the commissioner shall be named as defendant. (C) In any such action, the commissioner may defend the action in his or her discretion.

(1) The commissioner shall waive any provision of this section that creates a conflict with similar federal laws or regulations, or which, due to the enactment of any similar federal laws or regulations, creates an undue burden or increased financial or operational demands upon a person or entity described in subdivision (b)(1) of this section in order to comply with this section, the rules to be promulgated by the commissioner, and similar federal laws and regulations.

(2) A person or entity described in subdivision (b)(1) of this section may request a hearing before the commissioner to seek the waiver referenced in subdivision (c)(1) of this section.

(3) (A) Under § 23-61-307 , a person or entity described in subdivision (b)(1) of this section is entitled to appeal the commissioner's decision to deny a waiver. (B) In an appeal under this section, the commissioner shall be named as defendant. (C) In any such action, the commissioner may defend the action in his or her discretion.

(A) Under § 23-61-307 , a person or entity described in subdivision (b)(1) of this section is entitled to appeal the commissioner's decision to deny a waiver.

(B) In an appeal under this section, the commissioner shall be named as defendant.

(C) In any such action, the commissioner may defend the action in his or her discretion.

Amended by Act 2017, No. 283,§ 4, eff. 8/1/2017.

Acts 2001, No. 1619, § 1; 2005, No. 506, § 9.
Ark. Code Ann. § 23-111-517 — AR Code / Title 23 / Chapter 111 / Subchapter 5 / Section 23-111-517
Disposition of pari-mutuel tax revenue
Status: in_force

(a) Each year, the first eighty-five thousand dollars ($85,000) of the pari-mutuel tax revenue derived from § 23-111-505(a) shall be remitted directly to Arkansas State University Mid-South and shall be used by the college for facilities, programming, and personnel in the support of a nursing program. (b) The revenue received by the college under this section shall be considered local taxes for the purposes of § 6-61-601 . Amended by Act 2016F, No. 140,§ 14, eff. 7/1/2016. Acts 2001, No. 1488, § 1.

(a) Each year, the first eighty-five thousand dollars ($85,000) of the pari-mutuel tax revenue derived from § 23-111-505(a) shall be remitted directly to Arkansas State University Mid-South and shall be used by the college for facilities, programming, and personnel in the support of a nursing program.

(b) The revenue received by the college under this section shall be considered local taxes for the purposes of § 6-61-601 .

Amended by Act 2016F, No. 140,§ 14, eff. 7/1/2016.

Acts 2001, No. 1488, § 1.
Ark. Code Ann. § 23-99-604 — AR Code / Title 23 / Chapter 99 / Subchapter 6 / Section 23-99-604
Coverage for out-of-network dentists
Status: in_force

(a) Every health plan which provides dental benefits issued, renewed, extended, or modified by a health carrier shall also include a point-of-service option which provides benefits to covered persons through dentists who are not members of the health carrier's provider network. (b) (1) The benefits offered under this option shall be the same as those offered through the network. (2) The rate of reimbursement for out-of-network dentists may differ from the rate of reimbursement for noncapitated dentists in the network but by no more than ten percent (10%). (3) The copayment, coinsurance, and other cost-sharing features may differ between the use of in-network and out-of-network dentists but by no more than twenty-five percent (25%). (c) The out-of-network dentist may bill the patient for the balance of any charges which are not otherwise reimbursed by the health carrier. However, if after a request by the covered person in advance of treatment the provider fails to disclose a reasonable range of the total of charges for nonemergency services to be provided, the covered person shall not be liable for such additional charges. (d) The health carrier shall fully disclose to the covered person, in clear, understandable language, the terms and conditions of this option. This requirement may be satisfied by the health carrier's providing to the employer or other purchaser of the health plan presentation materials for dissemination to covered persons. Acts 1999, No. 1232, § 4.

(a) Every health plan which provides dental benefits issued, renewed, extended, or modified by a health carrier shall also include a point-of-service option which provides benefits to covered persons through dentists who are not members of the health carrier's provider network.

(b) (1) The benefits offered under this option shall be the same as those offered through the network. (2) The rate of reimbursement for out-of-network dentists may differ from the rate of reimbursement for noncapitated dentists in the network but by no more than ten percent (10%). (3) The copayment, coinsurance, and other cost-sharing features may differ between the use of in-network and out-of-network dentists but by no more than twenty-five percent (25%).

(1) The benefits offered under this option shall be the same as those offered through the network.

(2) The rate of reimbursement for out-of-network dentists may differ from the rate of reimbursement for noncapitated dentists in the network but by no more than ten percent (10%).

(3) The copayment, coinsurance, and other cost-sharing features may differ between the use of in-network and out-of-network dentists but by no more than twenty-five percent (25%).

(c) The out-of-network dentist may bill the patient for the balance of any charges which are not otherwise reimbursed by the health carrier. However, if after a request by the covered person in advance of treatment the provider fails to disclose a reasonable range of the total of charges for nonemergency services to be provided, the covered person shall not be liable for such additional charges.

(d) The health carrier shall fully disclose to the covered person, in clear, understandable language, the terms and conditions of this option. This requirement may be satisfied by the health carrier's providing to the employer or other purchaser of the health plan presentation materials for dissemination to covered persons.

Acts 1999, No. 1232, § 4.